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2000-24163 ResoRESOLUTION NO. 2000-24163 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) SEEKING QUALIFICATIONS FOR SUBMISSION OF ALTERNATE DEVELOPMENT PROPOSALS FOR DEVELOPMENT OF APPROXIMATELY FOUR (4) ACRES OF CITY-OWNED PROPERTY KNOWN AS THE "72NI~ STREET SITE", LOCATED BETWEEN COLLINS AND HARDING AVENUES, FROM 72N' TO 73 m~ STREETS; AS SET FORTH HEREIN. WHEREAS, on May 12, 1999, the Mayor and City Commission adopted Resolution No. 99- 23164, authorizing the issuance of Request for Proposals (RFP) No. 42-98/99 for development of the 72nd Street Site, and the Administration was further authorized to procure related professional services in connection with the RFP; and WHEREAS, on February 23, 2000, the Mayor and City Commission adopted Resolution No. 2000-23816, authorizing the Administration to enter into negotiations with the Pointe at North Beach (Developer), as the succesful and only ranked proposer pursuant to the RFP, subject to certain conditions, including a project feasibility and compatibility assessment, finalization ora value in use appraisal, and securing of commitments from Anchor tenants; and WHEREAS, the Developer's proposed project consisted of a 51,500 sf. Publix; 81,465 sf. movie theater; 36,500 sf. retail/restaurant area; 906 parking spaces; and an optional community theater; and WHEREAS, on March 15, 2000, the Mayor and City Commission approved the selection of the Chesapeake Group (Consultant) to study and develop a strategic plan for the economic revitalization of the North Beach Area and a preliminary draft of the market analysis component of the report was presented at the North Beach Development Corporation (NBDC) Board meeting held on October 17, 2000, and at a community meeting held on October 19, 2000; and WHEREAS, the Consultant is developing strategic recommendations based upon this market analysis and will continue to solicit input from the community and ultimately conclude with recommendations as to the 72nd Street Site's optimal role in North Beach's future development; and WHEREAS, the Developer was unable to secure an economically viable commitment from a movie theater operator due to the downturn in the industry; and WHEREAS, the Developer proposed to develop a phased project whereby all components of the project would be constructed, except for the movie theater component; and WHEREAS, the Developer further offered to secure their timely performance to develop the second phase of the project, the movie theater, by posting a letter of credit in the amount of $1 million in favor of the City; and WHEREAS, while this proposal would achieve the siting of a new grocery store for the area, which is widely supported by the community, the Administration and the City's consultants found this proposal would not serve the City' s long term objectives for the development of this site; and WHEREAS, on November 8, 2000, pursuant to Resolution 2000-24162, the Mayor and City Commission authorized termination of negotiations with the successful proposer, the Developer, as a result of their failure to comply with the terms of said approval, as authorized by Resolution No. 2000-23816; and WHEREAS, the termination of negotiations with the Developer, will enable the City's strategic planning consultant to seek input from the community and develop a wider range of development alternatives that will meet the area' s needs and serve to enhance the economic viability of the area; and WHEREAS, as reported on September 27, 2000, HUD recently approved the City's application for a $4 million Section 108 loan and a $1 million EDI grant and the EDI grant award was largely based upon the 72nd Street Site development proposal; and WHEREAS, as a result of the aggregate improvements proposed through the Section 108 loan and on the 72nd Street Site by the Developer, it was estimated that 485 new jobs would be directly created with an additional 655 new jobs indirectly created, and approximately $100 million in additional investment in the area; and WHEREAS, while HUD has been advised of the Developer's difficulty to secure a commitment from a movie theater operator, it will be necessary to apprise HUD of the action proposed herein, which may ultimately jeopardize the City's $1 million EDI grant award; and WHEREAS, the issuance of the RFQ to seek qualifications fi'om a developer so that City can negotiate a preferred development alternative for the site should give HUD the assurance that the 72nd Street Site will ultimately serve as an economic catalyst for the area and benefit the low and moderate income persons through the creation of jobs for the area residents; and WHEREAS, the north Beach Strategic Plan has identified strategic opportunities for the North Beach area and rather than re-issue an RFP at this time, the City's consultant concurs that the City instead issue a Request for Qualifications (RFQ) to qualified and experienced real estate and development interests to submit their qualifications and conceptual development proposals for the Site; and WHEREAS, the RFQ will be evaluated based upon the Developer's experience and their financial capacity and the submission of qualifications will coincide with the finalization of the consultant's strategic recommendations which will be discussed at the pre-proposal conference established as part of the RFQ process; and WHEREAS, a developer will ultimately be selected with which the City can negotiate to jointly conceive a development proposal for the Site that capitalizes on and enhances the area-wide strategic goals and direction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the Administration to issue a Request for Qualifications seeking qualifications for submission of alternate development proposals, as set forth in Attachment A, for development of approximately four (4) acres of City-owned Iwn as the "72"a Street Site", located between Collins and Harding Avenues, from 72nd to PASSED AND ADOPTED THIS 8th day of ciTY CLERK Robert Parche~ propz~Y kn/~ )~OR David Dermer JMG/CMC/rar F:\CMGR~ALL\CHRISTII~72NDS TREET RFQ.RES.DOC attachment APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~'{~'~ey~ 'Dat~ CitY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:~i.miami-beach.fl.us COMMISSION MEMORANDUM NO. TO: FROM: SUBJECT: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez ~ ~" City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO TERMINATE NEGOTIATIONS WITH THE POINTE AT NORTH BEACH, AS THE SUCCESSFUL PROPOSER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 42-98/99 FOR DEVELOPMENT OF APPROXIMATELY FOUR (4) ACRES OF CITY- OWNED PROPERTY KNOWN AS THE "72x° STREET SITE", LOCATED BETWEEN COLLINS AND HARDING AVENUES, FROM 72~ TO 73 ea STREETS; SAID TERMINATION AS A RESULT OF THE PROPOSER'S FAILURE TO COMPLY WITH THE CONDITIONS SET FORTH IN RESOLUTION NO. 2000-23816 ADOPTED ON FEBRUARY 23, 2000; FURTHER AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) SEEKING QUALIFICATIONS FOR SUBMISSION OF ALTERNATE DEVELOPMENT PROPOSALS AS SET FORTH HEREIN. DATE: November $, 2000 ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On May 12, 1999, the City Commission adopted Resolution No. 99-23164 authorizing the issuance of Request for Proposals (RFP) No. 42-98/99 for development of the 72nd Street Site, and the Administration was further authorized to procure related professional services in cormection with the RFP. On February 23, 2000, the City Commission adopted Resolution No. 2000-23816 authorizing the Administration to enter into negotiations with the Pointe at North Beach, pursuant to the 72"d Street Site RFP, subject to certain conditions, including a project feasibility and compatibility assessment, finalization of a value in use appraisal, and secure commitments from Anchor tenants. The proposed project consisted of a 51,500 sf. Publix, 81,465 sf. movie theater, 36,500 sf. retail/restaurant area, 906 parking spaces and an optional community theater. On March 15, 2000, the City Commission approved the selection of the Chesapeake Group to study and develop a strategic plan for the economic revitalization of the North Beach Area. A preliminary draft of the market analysis component of the report is attached hereto and was presented at the North Beach Development Corporation (NBDC) Board meeting held on October 17, 2000 and at a AGENDA ITEM DATE T:~AGBNDA~2000~OV0800~V~BOULARW2NDST.CM 352 November 8, 2000 Commission Memorandum 72~'i Street RFP Page 2 ; community meeting held on October 19, 2000. The consultant is developing strategic recommendations based upon this market analysis and will continue to solicit input from the community and ultimately conclude with recommendations as to the 72nd Street Site's optimal role in North Beach's future .development. A summary of the market analysis and key indicators is provided below and serves as a basis for the Administration's recommendation, as presented herein. On May 10, 2000, the City Commission authorized contracts with real estate and appraisal consultants to perform the valuation, feasibility study and advisory services in connection with the 72na Street Site. Over the past six (6) months, staff and the consultants have met with the Developer to address: Status of tenant negotiations. Status of consultants' report, pending finalized tenant negotiations and development concept. Desired improvements to the existing Publix on 67th Street and Collins Avenue. Status of North Shore Community Center project and proposed parking and its effect on the 72na Street Development. Collaboration with the Miami Beach Cultural Arts Council and North Beach Development Corporation on the Community Theater component of the project, including proposed management and operation of the theater. At the July 10, 2000 meeting of the Transportation and Parking Committee, a motion was passed recommending the Developer proceed in negotiating with a movie theater operator until such time as the strategic planning study is final. On July 26, 2000, a status report was presented to the City Commission advising of the status of negotiations with the Developer and projecting a final report to be presented in conjunction with the completion of the North Beach Strategic Plan in October 2000. To date, the developer has been unable to secUre an economically viable commitment from a movie theater operator due to the downturn in the industry. In an article recently published in the Miami Herald, the downtttm in the movie theater industry is attributed to burgeoning debt from building new theaters and losses incurred at the obsolete smaller multiplex theaters. Conversely, Publix issued a commitment letter to lease the site dated May 12, 2000 and also attached hereto. Additionally, letters of interest have been submitted by various retail/restaUrant operators. As a result, the Developer has verbally proposed to develop a phased project whereby all components of the project would be constructed, except for the movie theater component. Phase one of the project would consist of the Publix supermarket, the parking facilities, the ancillary retail areas, the community theater and the foundation for the future movie theater component of the project. The Developer further offered to secUre their timely performance to develop the second phase of the project, the movie theater, by posting a letter of credit in the amount of $1 million in favor of the City. While this proposal would achieve the siting of a new grocery store for the area, which is widely supported by the community, the Administration and the City's consultants find this proposal T:~GENDA~2000~IOV0800~R EGUI .A R\?2NIXqT. CM 353 November 8, 2000 Commission Memorandum 72"~ Street RFP Page 3 - would not serve the City's long term objectives for the development of this site. A phased project, without a secure commitment to implement Phase 2, would cement the future project's foundation (no pun intended), which could be detrimental to the ultimate project implementation. Therefore, absent a final commitment from a movie theater operator, the Developer is unable to finalize negotiations with the City, the City's consultants' are unable to finalize the valuation and feasibility study, and the Developer is not in compliance with the Commission's request to secure commitments from the Anchor tenants as a condition precedent to a lease agreement. As reported on July 26, 2000, it is therefore recommended that the City terminate negotiations with the successful proposer, the Pointe at North Beach, as a result of their failure to comply with the terms of said approval as authorized by Resolution No. 2000-23816. Furthermore, the proposed termination of negotiations with the Pointe at North Beach, will enable the City's strategic planning consultant to seek input from the community and develop a wider range of development alternatives that will meet the area's needs and serve to enhance the economic viability of the area. As a point of information, and as reported on September 27, 2000, HUD recently approved the City's application for a $4 million Section 108 loan and a $1 million EDI grant. The EDI grant award was largely based upon the 72nd Street site development proposal. As a result of the aggregate improvements proposed through the Section 108 loan and on the 72nd Street site by the Pointe at North Beach, it was estimated that 485 new jobs would be directly created with an additional 655 new jobs indirectly created, and approximately $100 million in additional investment in the area. While HUD has been advised of the Developer's difficulty to secure a commitment from a movie theater operator, it will be necessary to apprise HUD of the action proposed herein, which may ultimately jeopardize the City's $1 million EDI grant award. The concurrent issuance of the RFQ to seek qualifications from a developer so that City can negOtiate a preferred development alternative for the site should give HUD the assurance that the 72nd Street site will ultimately serve as an economic catalyst for. the area and benefit the low and moderate income persons through the Creation of jobs for the area residents. As another point of information, according to RFP No. 42-98/99, the Pointe at North Beach proposal was accompanied by a cashiers check for $10,000, which was refunded to the unsuccessful proposers, but is non-refundable to the preferred proposer (The Pointe at North Beach) to offset the actual costs incurred by the City in evaluating responses and negotiation of an agreement. Further, if the Pointe at North Beach had ultimately been successful in reaching agreement with the City, they would have been responsible for compensating the documented fees of the City's third party attorneys and advisors for the project, up to an amount of $75,000. Therefore, the $10,000 deposit will be retained by the City and will be applied to the costs incurred to date which are estimated to be in excess of $40,000 based upon advertising and consultant fees incurred. Preliminary Market Analysis: The preliminary market analysis indicates that the demand for additional goods and services needed by the community matches supply of available vacant commercial space in the area. In order to T:~.G EN DA'O.000'~NOV0 $ 00~&I~GU LA R\72N DST.CM 354 November 8, 2000 Commission Memorandum 72"u Street RFP Page 4 - experience an increase demand, a change in the conditions of the neighborhood and the market are necessary. The market is comprised of two components: a residential community and a visitor base. In order to effectuate change in these two markets, the consultant has identified specific strategies. From the visitor market perspective, a tremendous opportunity has been identified to develop North Beach as a niche destination for the family oriented leisure visitor market. To enhance the residential market, the site should be used to promote educational programming, recreational programming, leisure activity or commercial activity, but necessarily all of the above. Ideally, a creative urban development scheme should be developed that links the 72nd Street site to the water, to the adjacent parks, to new housing in the area, to the existing neighborhoods and adjacent visitor accommodation facilities. Additionally, the consultant clearly has emphasized the importance of creating a linkage to the Byron Carlyle so as to create a synergistic flow of activity that may occur at both sites. The 72nd Street site should create an anchor that serves the community but should not be developed as an .isolated one-stop destination that does not integrate and complement adjacent urban establishments. The market analysis also identifies tremendous growth in the region for office space which is expected to continue. To date, North Beach has not attracted this growth but should be able to attract it as a component of the potential development on the site, compatible with other programmed uses. While the 72nd Street site is a significant asset integral to North Beach's future development, it is a component that is being analyzed in the context of the area-wide strategy. Therefore, the consultant is developing strategies that concentrate on the 72nd Street site in the context of the strategy for the entire North Beach, making a true community asset. The North Beach Strategic Plan has identified strategic opportunities for the North Beach area. Rather than re-issue an RFP at this time, the City's consultant concurs that the City issue a Request for Qualifications (RFQ) to qualified and experienced real estate and development interests to submit their qualifications and conceptual development proposals for the site. The RFQ will be evaluated based upon the Developer's experience and their financial capacity. The submission of qualifications will coincide with the finalization of the consultant's strategic recommendations which will be discussed at the pre-proposal conference established as part of the RFQ process. Thereby, a developer will ultimately be selected with which the City can negotiate to jointly conceive a development proposal for the subject site that capitalizes on and enhances the area-wide strategic goals and direction. While the RFQ evaluation criteria will not be based on the development concepts submitted, the following desired development concepts are outlined in the RFQ and are seen as enhancements to the needs of the businesses, residents and visitors, of the area: T:~GENDA~2000'u~rOV0g00~q.EGULA R\72NDST. ClVi 355 November 8, 2000 Commission Memorandum 72"~l Street RFP Page 5 Commercial Development to meet Residential goods and service needs, providing a linkage and/or anchor between the 71st Street Commercial District and the Harding Townsite Commercial District Residential, mixed use project, that provides upgraded housing stock and product Class A Office Space component that is compatible with other activity programmed for the site and complementary to the two established adjacent business districts Retail and/or restaurant establishments that promote pedestrian activity Public Plaza (s) ("open space") facilitating enhancement of the special "open space" systems unique to the urban character North Beach and the park areas to the east and west of the Site Family oriented entertainment destination for residents and visitors Enhanced Parking for the uses adjacent to the Site as well as the Ocean Terrace and upper Collins Avenue hotel districts Expanded Support Facilities for cultural, arts, community theater and performance groups that could locate in the North Beach area · Educational and/or Public Institutions ConelusioIl; Therefore, absent a final commitment from a movie theater operator, the Developer is unable to finalize negotiations with the City. It is therefore recommended that the City Commission authorize the Administration to terminate negotiations with the successful proposer, the Pointe at North Beach, as a result of their failure to comply with the terms of the approval set forth in Resolution No. 2000- 23816. Concurrently, the Administration is requesting authorization to issue a Request for 'Qualifications (RFQ) from developers to submit qualifications for the development of the 72nd Street Site. The RFQ will require interested developers to submit their qualifications and demonstrate their professional experience and range of experience in projects of similar scope and complexity, evidence their financial capability to successfully undertake and complete the project and present a proposed development concept. The City can then evaluate the submissions and select a developer with whom to enter into negotiations and refine the proposed development project for the site, incorporating the City's preferred development mix. The RFQ/Negotiate method allows the Cify to competitively select the most qualified developer for the project, yet it does not require a large investment of time and money by the developer alongside numerous competitors and secondly it substantially reduces the time required to choose a developer. Attachment A, which will be incorporated in the RFQ, provides a summary of the RFQ, including a description of the development opportunity and the RFQ submittal requirements. JMG/CMC/rar *:LAGENDAk20O0\NOV0800\REGLII,AR\72ND.qT.CM attachment 356 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI .BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO TERMINATE NEGOTIATIONS WITH THE POINTE AT NORTH BEACH, AS THE SUCCESSFUL PROPOSER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 42-98/99 FOR DEVELOPMENT OF APPROXIMATELY FOUR (4) ACRES OF CITY-OWNED PROPERTY KNOWN AS THE "72~ STREET SITE", LOCATED BETWEEN COLLINS AND HARDING AVENUES, FROM 72~ TO 73 RD STREETS; SAID TERMINATION AS A RESULT OF THE PROPOSER'S FAILURE TO COMPLY WITH THE CONDITIONS SET FORTH IN RESOLUTION NO. 2000-23816 ADOPTED ON FEBRUARY 23, 2000; FURTHER AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) SEEKING QUALIFICATIONS FOR SUBMISSION OF ALTERNATE DEVELOPMENT PROPOSALS AS SET FORTH HEREIN. WHEREAS, on May 12, 1999, the Mayor and City Commission adopted Resolution No. 99-23164, authorizing the issuance of Request for Proposals (RFP) No. 42-98/99 for development of the 72nd Street Site, and the Administration was further authorized to procure related professional services in connection with the RFP; and WHEREAS, on February 23, 2000, rite Mayor and City Commission adopted Resolution No. 2000-23816, authorizing the Administration to enter into negotiations with the Pointe at North Beach (Developer), as the succesful and only ranked proposer pursuant to the RFP, subject to certain conditions, including a project feasibility and compatibility assessment, finalization of a value in use appraisal, and securing of commitments from Anchor tenants; and WHEREAS, the Developer's proposed project consisted of a 51,500 sr. Publix; 81,465 sf. movie theater; 36,500 sf. retail/restaurant area; 906 parking spaces; and an optional community theater; and WHEREAS, on March 15, 2000, the Mayor and City Commission approved the selection of the Chesapeake Group (Consultant) to study and develop a strategic plan for the economic revitalization of the North Beach Area and a preliminary draf~ of the market analysis component of the report was presented at the North Beach Development Corporation (NBDC) Board meeting.held on October 17, 2000, and at a community meeting held on October 19, 2000; and WHEREAS, the Consultant is developing strategic recommendations based upon this market analysis and will continue to solicit input from the community and ultimately conclude with recommendations as to the 72nd Street Site's optimal role in North Beach's future development; and WHEREAS, a summary of the market analysis and key indicators serves as a basis for the Administration's recommendation, as presented herein; and 357 WHEREAS, the Developer has been unable to secure an economically viable commitment from a movie theater operator due to the downturn in the industry; and WltEREAS, the Developer has verbally proposed to develop a phased project whereby all components of the project would be constructed, except for the movie theater component; and WHEREAS, phase one of the project would consist of the Publix supermarket, the parking facilities, the ancillary retail areas, the community theater and the foundation for the future movie theater component of the 'project; and WHEREAS, the Developer further offered to secure their timely performance to develop the second phase of the project, the movie theater, by posting a letter of credit in the amount of $1 million in favor of the City; and WHEREAS, while this proposal would achieve the siting ora new grocery store for the area, which is widely supported by the community, the Administration and the City's consultants find this proposal would not serve the City's long term objectives for the development of this site; mad WHEREAS, a phased project, without a secure commitment to implement Phase 2, would cement the future project's foundation, which could be detrimental to the ultimate project implementation; and WHEREAS, absent a final commitment from a movie theater operator, the Developer is unable to finalize negotiations with the City; the City's consultants' are unable to finalize the valuation and feasibility study; and the Developer is not in compliance with the City Commission's request to secure commitments from the anchor tenants as a condition precedent to a lease agreement; and WItEREAS,' as reported on July 26, 2000, it is therefore recommended that Mayor and City Commission terminate negotiations with the successful proposer, the Developer, as a result of their failure to comply with the terms of said approval, as authorized by Resolution No. 2000-23816; and WHEREAS, the proposed termination of negotiations with the Developer, will enable the City's strategic planning consultant to seek input from the community and develop a wider range of development alternatives that will meet the area's needs and serve to enhance the economic viability of the area; and WHEREAS, as reported on September 27, 2000, HUD recently approved the City's application for a $4 million Section 108 loan and a $ t million EDI grant and the EDI grant award was largely based upon the 72nd Street Site development proposal; and 358 WHEREAS, as a result of the aggregate imprOvements proposed through the Section 108 loan and on the 72nd Street Site by the Developer, it was estimated that 485 new jobs would'be directly created with an additional 655 new jobs indirectly created, and approximately $100 million in additional investment in the area; and WHEREAS, while HUD has been advised of the Developer's difficulty to secure a commitment from a movie theater operator, it will be necessary to apprise HUD of the action proposed herein, which may ultimately jeopardize the City's $1 million EDI grant award; and WHEREAS, the concurrent issuance of the RFQ to seek qualifications from a developer so that City can negotiate a preferred development alternative for the site should give HUD the assurance that the 72nd Street Site will ultimately serve as an economic catalyst for the area and benefit the low and moderate income persons through the creation ofjobs for the area residents; and WHEREAS, according to RFP No. 42-98/99, the Developer proposal was accompanied by a cashier's check for $I0,000, which was refunded to the unsuccessful proposers, but is non-refundable to the preferred proposer (the Pointe at North Beach) to offset the actual costs incurred by the City in evaluating responses and negotiation of an agreement; and WHEREAS, if the Developer had ultimately been successful in reaching agreement with the City, they would have been responsible for compensating the documented fees of the City's third party attomeys and advisors for the project, up to an amount of $75,000, and therefore the $10,000 deposit will be retained by the City and will be applied to the costs incurred to date which are estimated to be in excess of $40,000, based upon advertising and consultant fees incurred;and WHEREAS, the North Beach Strategic Plan has identified strategic opportunities for the North Beach area and rather than re-issue an RFP at this time, the City's consultant concurs that the City instead issue a Request for Qualifications (RFQ) to qualified and experienced real estate and development interests to submit their qualifications and conceptual development proposals for the Site; and WHEREAS, the RFQ will be evaluated based upon the Developer's experience and their financial capacity and the submission of qualifications will coincide with the finalization of the consultant's strategic recommendations which will be discussed at the pre-proposal conference established as part of the RFQ process; and WHEREAS, a developer will ultimately be selected with which the City can negotiate to jointly conceive a development proposal for the Site that capitalizes on and enhances the area-wide strategic goals and direction. 359 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the Administration to terminate negotiations with the Pointe at North Beach, as the successful proposer pursuant to Request for Proposals No. 42-98/99 for development of approximately four (4) acres of City-owned property known as the "72"a Street Site", located between Collins and Harding Avenues, from 72~ to 73ra Streets; said termination as a result of the proposer's failure to comply with the conditions set forth in Resolution No. 2000-23816 adopted on February 23, 2000; and further attthorize the issuance of a Request for Qualifications seeking qualifications for submission of alternate development proposals, as set forth in Attachment A. PASSED AND ADOPTED THIS 8th day of November, 2000. Attest: MAYOR CITY CLERK JMG/CMC/rar T:XAOE]q])A~2000~NOV08~R\72NDST.I~$ attachment APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 360 Ie RFQ SUMMARY Attachment "A" The Invitation: The City of Miami Beach is extending invitations to qualified developers to submit qualifications and conceptual proposals for the development of the City-owned property know as the "72nd Street Site" (the Site). The City will evaluate submissions based on experience' and financial capability and select a developer with whom to enter into negotiations. The Site: The Site is located between Collins and Harding Avenues, from 72nd Street to 73rd Street. The approximately 4-acre site is immediately north of the 71st Street Commercial District and south of the Harding Townsite Commercial District, which extends along Collins Avenue between 73rd and 75th Streets. It is situated on the eastern portion of the east/west "open space" park and recreational system between 72nd Street and 73rd Street, which extends from the Atlantic Ocean on the east to the Tatum Waterway on the west. To the immediate east side of the Site is the North Shore open band shell, and to the west, the tennis courts of North Shore Park. The Site is currently used as a public surface parking lot (approximately 306 spaces) serving adjacent uses. Zoning: The Site is currently zoned GU Government Use District; the underlying Future Land Use Map designation is CD-3 Commercial High-Intensity. Main permitted uses for the GU District are government buildings and uses, including but not limited to, parking lots and garages; parks and associated parldag; schools; performing arts and cultural facilities; and monuments and memorials. Uses not listed above may be approved by the City Commission through a public hearing. Private or joint government/private uses including air fights, shall be reviewed by the Planning Board prior to approval by the City Commission. The maximum allowable building height is seventy-five (75) feet or seven (7) stories, and 2.75 is the maximum allowable floor area ratio. The City of Miami Beach does not encourage the maximum use of the zoning envelope, and the development must be compatible with the surrounding area. Performance Objectives: While no specific uses are mandated, the City's preference is for a mix of uses, including a design that will respect and promote the spirit of the east/west "open space" park and recreational system of this area and serve to complement the vitality and evolution of the 71st Street Commercial District, as well as the historic Harding Townsite Commercial District, between 73rd and 75th Streets on Collins Avenue, by creating a clean, safe, and stimulating enviroment for the people of the City of Miami Beach, its visitors, and the surrounding areas. The architecture and site development should be of the highest quality contemporary design and planning of our time, and should respect, reinforce, and appropriately advance the unique urban character as well as historic qualities of the area, inclusive of the general feeling of "open space", which distinguishes North Beach from South Beach. 361 Desired Development Concepts: The City is seeking a development project that enhances and meets the needs of the businesses, residents, and visitors of the area and that contributes to the vision/goals of promoting North Beach as a quality residential community and a family oriented visitor destination. Uses that could be compatible with these goals include: Commercial Development to meet residential goods and service needs, providing a linkage and/or anchor between the 71st Street Commercial District and the Harding Townsite Commercial District · Residential, mixed use project that provides upgraded housing stock and product Class A Office Space component that is compatible with other activity programmed for the Site and complementary to the two established adjacent business districts · Retail and/or restaurant establishments that promote pedestrian activity Public Plaza or Plazas ("open space") facilitating enhancement of the special "open space" systems unique to the urban character North Beach and the park areas to the east and west of the Site · Family oriented entertainment destination for residents and visitors Enhanced Parking for the uses adjacent to the Site as well as the Ocean Terrace and upper Collins Avenue hotel districts Expanded support facilities for cultural, arts, community theater and performance groups that could perform in the North Beach area · Educational and/or Public Institutions 362 II. THE DEVELOPMENT OPPORTUNITY A. BACKGROUND Over the last ten years Miami Beach has evolved from being a predominantly tourist destination with a large retirement population, to one which may be characterized as a vibrant urban residential, resort and business community. Access to splendid North Shore beaches and parks, the allure of two historic districts and the increasingly popular Ocean Terrace resort and residential enclave, as well as close proximity to adjacent municipalities Surfside, Bal and Bay Harbours, North Bay Village due west, are all contributing factors to the rediscovery of Miami Beach's North Shore as a place to visit, live~ and work. The influx of younger residents and families, coupled with the establishment of new businesses in the area, has established North Beach as a major part of a dynamic international city. North Beach, with its convenient location, tropical climate, and lively pedestrian character, has the ability to attract a wide range'of substantial business activity. One of the highlights of the area is the Ocean Terrace beachside hotel and residential district, which recently underwent a substantial renovation as a part of a major North Beach public improvements project that involved extensive streetscape, landscape and other aesthetic improvements, totaling $21 million and demonstrating the City's commitment to the complete revitalization of its very substantial "uptown" areas. North Beach enjoys an increasingly diverse assortment of intemational restaurants and sidewalk cafes, as well as a rapidly revitalizing market for large scale as well as small-scale '"ooutique" hotels, along the beach from 63rd to 87th Streets. Similarly it is becoming home to numerous art shows, festivals, and outdoor performances. These are being held in its significant and substantial "open space" areas, including public parks, such as the North Shore Open Space Park and recreational systems, such as the North Shore (athletics) Park, and the 72nd Street Band Shell. Finally, the remarkable history of North Beach, incorporating the direct involvement of three American presidents, Ulysses S. Grant, in 1875, Warren Harding, in 1922, and Franklin Delano Roosevelt, in 1941, was but one of the powerful incentives for the City Commission to designate the Harding Townsite/South Altos Del Mar Historic District in 1996 (extending along Collins Avenue and Ocean Terrace, from 73rd Street to 77th Street); another magical incentive was the diverse collection of Art Deco, Streamline Modeme, and Post War Modem style structures, designed by the City's architectural masters between the 1930s and the mid 1960s, which has akeady brought fame, economic revitalization, and renaissance to South Beach from 1979 through the present. Thus, the diverse and distinctive history, architecture and marine environment of North Beach lend significantly and positively to the future of the area by making it a unique touring, shopping and dining, entertainment, and residential'destination with a new and invigorating international flare. The 72nd Street Site was originally a part of the United States Federal Life Saving Reserve established by President Ulysses S. Grant, on July 25, 1875, for the purpose of rescuing shipwreck victims and providing them succor and assistance to return to the mainland. Following the 363 discontinued use of the site for this purpose in the 1920s, a political battle ensued to secure a part of the former Reserve as an urban open space system. " In 1941, an Act of Congress ultimately resulted in the 22 acre tract of land, including the Site, being sold to the City of Miami Beach for use as a public park, thus preserving the "open" character of much of the original life saving reserve through to today. Indeed, the recreational park and open band shell facilities, located to the west and east of the Site, are among most intensively used outdoor public facilities in the City. Today, the Site is a landscaped and metered municipal parking lot, serving the adjacent business districts to the north and south, as well as the band shell, park and public recreational facilities to the east and west. B. DEVELOPMENT AND DESIGN PARAMETERS The development of the Site' will substantially define thc image of North Beach's easternmost business districts as well as its unique east/west "open space" system for many decades to come and consequently, this development must be considered with thc greatest care. It is the single largest and most strategically located tract of open public land available for development in North Beach today. It occupies approximately 4 acres between Collins and Harding Avenues, a block north of the intersection of the City's northernmost primary east/west transportation corridor, the 71st Street Corridor, which becomes the John F. Kennedy Causeway at the City's western limit, as it crosses Biscayne Bay through the City of North Bay Village to Miami mad 1-95. This singular location makes the Site conveniently accessible to the splendid Atlantic Ocean beaches of North Beach, its hotel districts, local businesses, cafes and historic districts, as well as oceanside park and recreational areas. The Site's proximity to Miami Beach's "sister" communities of Surfside and Bal Harbour to the north also offer unique opportunities for exceptional development. To the south, the Site is likewise convenient to the upper and mid Collins Avenue hotel districts, as well as ali of South Beach, including the rapidly redeveloping Lincoln Road MalI; the Washington Avenue commercial corridor; the Jackie Gleason Theater of the Performing Arts (TOPA); the Miami Beach Convention Center; the renovated and expanded Bass Museum and emerging Collins Park Cultural Arts Campus; the Holocaust Memorial; and Miami Beach City Hall; and of course Miami Beach's important Art Deco Historic District. The 72nd Street Site has remained open public land, available for appropriate development today, for important reasons. Early in the history of Miarni Beach, even in the period dating back to 1875, users of thc Site had kept this land "open" for public purpose; first as a life saving reserve, then a Coast Guard Station, then a municipal public park, and finally, a landscaped mtmicipal parking lot serving adjacent uses. This well considered and rigorously debated urban land use progression ultimately reflected the City forefathers' caution in preserving the Site for an appropriate and sensible future use; such a use, or mix of uses, would need to best serve the North Beach community in a responsible manner. Wise planning policies and progressive thinking has served this City well and now provides for a unique development opportunity. 364 Although the Site is not included within the boundaries of the Harding Townsite/South Altos Del Mar Historic District or the Altos Del Mar Historic District to its north, the Harding Townsite/South Altos Del Mar Historic District lies immediately adjacent to the Site's northern boundary and is One of the important contextual relationships to be addressed. Arguably, the National Register Art Deco Historic District in South Beach has been and continues to be the single most tangible influence fueling the City's extraordinary resurgence as a design and tourism mecca. The North Beach historic districts, which contain much of the same architecture and character, are anticipated to have a similar positive effect here when properly revitalized. The City Commission, the City Administration, residents, visitors, and design professionals alike will closely monitor any development proposed for the subject Site; particularly analyzing all proposals not only for their functional merit and best appropriate use of the Site, but also for th/~ir sensitivity and compatibility to Miami Beach's local historic districts and the City's design legacy. The City Administration, as well as the Historic Preservation and Design Review Boards, have clearly signaled their ongoing interest in preserving the special urban character of the Beach while advancing its cutting edge design continuum well into the future. Due to the scale of the proposed project, and its anticipated impact on the central business districts as well as adjacent local historic districts, it is imperative that the development project must be clearly compatible with the unique pedestrian character, urban scale and building materials, and "open space" relationships of North Beach. C. SITE FUNCTIONS AND ADJACENT URBAN RELATIONS~PS. In defining the successful future development of the Site, the following current Site functions and established urban relationships must be carefully understood and reconciled in any proposal for development: Current Site Functions Primary Municipal Parking for the North Beach Band Shell, North Shore Park, the 71 st and 72nd Street Business Districts, and the Harding Townsite (73rd Street to 75th Street) Commercial District as well as "overflow" lot for Ocean Terrace. Established ~4djacent Urban Relationships of Major Significance 71st Street Commercial District and Harding Townsite (Collins Avenue from 73rd to 75th Street) Commercial District North Beach Band Shell and North Shore Park Altos Del Mar Historic District, and Harding Townsite/South Altos Del Mar Historic District Performing Arts and Visual Arts Supporting Facilities in the Band Shell (to immediate east of the site, and North Shore Open Space (east side of Collins Avenue between 79th and 87th Streets) Ocean Terrace Hotel and Residential District Upper Collins Avenue Hotel District (63rd Street to 87th Street) Atlantic Ocean Beaches Multi-Modal Transportation Transfer Points (Metro-Dade Buses, and Taxis) at the 365 Crossroads of 71st Street and Collins and Harding Avenues, as well as at locations adjacent to the site along Harding and Collins Avenues, including bike routes and storage. · D. PARKING REQUIREMENTS The Site must maintain at least the current level of public parking (approximately 306 spaces) . available to the general public, in addition to serving its own needs. Preferably, the proposed Site development will enhance the amount of parking currently available. This is critical, as the future success of North Beach as a quality place in which to live, do business, and visit, will depend upon availability of sufficient conveniently located parking as a high priority. II__.~.RFQ PROCESS A. PROPOSER REQUIREMENTS As part of this Request for Qualifications, the proposers are expected to demonstrate their professional experience and range of experience in projects of similar scope and complexity, financial capability to successfully undertake and complete the project, and present potential development concepts. The City expects proposers to focus on the full teton credentials in developing representative projects, describing the projects, the physical constraints and environment influencing the project concepts, and the actual contribution made by individual team members. Special attention should also be given to demonstrating the team's ability to secure constmction and permanent financing for real estate projects. A preliminary development concept that is appropriate to the area, reflective of the team's experience, is required to allow the evaluation committee a succinct introduction to what is envisioned by the Proposer. Proposals shall include: 1, . 3. 4. 5. Detailed qualifications (development track record of the entire proposed development team), listing of previous projects of similar magnitude to that being proposed. Description of representative development project by the team, individually and collectively; Demonstration of ability to secure financing for large scale and similar sized projects; Preliminary program; Preliminary design concept (preliminary site plan) and relationship to surrounding areas. Each proposal shall include, at a minimum, the following: A. Qualifications: . Identity of developer, including the developer's organizational structure and names and addresses of all principals, including public relation finns, lawyers, and lobbyists. Composition and qualifications of other members of the development team. The development team's professional qualifications and experience in development, financing and management of comparable projects. Please specify the role played by various key 366 . 5~ , members of the team. Developer's experience- Proven team design capability of local or national reputatation' Complete and substantial evidence of the developer's financial capability to undertake the proposed project as demonstrated by the ability to finance other large-scale development projects. List of owners and, for private-public projects, public sector participants, with contact names and telephone numbers of completed comparable projects to this magnitude and type for reference. Firm's financial capacity to undertake the project B. Financing Capability: 3. Proposer(s) are required to provide evidence of the ability to obtain financing for a project. Proposals shall include letters of commitment from financial institutions rated AA or better, documenting a proposer's ability to secure the necessary funds to complete a proposed development. Proposals shall include letters of commitment from bonding and insurance firms rated AA or better, demonstrating the project team's ability to obtain the required bonds and insurance. C. Proposer's Development Concept Plan(s): , . Each Proposal should include a conceptual description of potential development(s) for the site, which may include: Accessory/ancillary uses to be housed in the facility or on the site. · Mix and character of uses. · Key individual or types of tenants or users. Proposals may include schematic drawings illustrating the proposed development plan. The City will also welcome any concept plans, architectural drawings, or models the proposer may wish to submit in addition to the development plan description. Evaluation Criteria: Submissions will be evaluated by an Evaluation Committee according to the criteria contained in the RFQ. The following evaluation criteria shall be used by the City of Miami Beach to rank qualified proposals: 1, Experience and track record of the proposer: including the proposer's proven capability to deliver a high quality design/development project as evidenced by locally or nationally recognized and completed comparable projects, and focusing on the qualifications and experience of members of the development team; quality of similar past development projects, ongoing technical and staff capacities, experience in public-private development projects, and general reputation. 367 . Financial capability and level of financial commitment as it would impact the likeliho, od of project implementation. Developers will be invited to make a presentation to the Evaluation Committee. Upon reviewing all of the proposals and presentations(s), the Evaluation Committee will rank the proposals and will make a recommendation via a written report to the City Manager. The City Manager shall evaluate each proposal submission and will render an independent recommendation to the City Commission along with the Evaluation Committee's report. The City will evaluate the proposals and .select a preferred developer. The City will enter into negotiations with the selected developer and, if an agreement cannot be reached with this party, the City will proceed to the second ranked developer (if any), and so on, until an acceptable agreement has been reached. Notwithstanding the foregoing, the City reserves the right, at any time during the process, to reject any and all proposals, and to re-advertise for new proposals, or postpone or cancel the RFQ process. B. RFQ TIMETABLE The anticipated schedule for this RFQ is as follows: RFQ approved issuance by City Commission RFQ advertised Mandatory Pre-proposal Conference Proposals due Presentation and Interviews to Evaluation Committee Notification of Preferred and Altemate ranked Developers City Commission award Negotiation with Preferred Developer and Approval of contract November 8, 2000 December 2000 December 2000 Febmary 2001 February 2001 MarCh 2001 April 2001 June 2001 368 The Chesapeake Group, Inc. B~ilding A Foundation For The Future · Identified Opportunities from Business Survey "Lineage" ' v' ¼ owners are 60 years of age, or older o 25% have not identified someone to take over Investment In Property v' 21% own property; 12% are interested in selling property · / 40% would like to make improvements to property or reinvest in business Business Retention have problems attracting employees v' Preferences for changes in area (open ended) Effort to address homeless, alcohol, drugs, etc. Increased security Additional development & improVement projects Improved parking More effective tourist attraction New business development Preferences for changes in area (close ended) More parking (2/3) Improve residential area Better maintenance of commercial structures Increased restoration of commercial buildings Special events IN business areas ,/ 35% want to expand v' 2% want to contract v' 14% want to change location 21% able to make changes @ current location 24% would consider another North Beach location 8516 GREEN LANE, BALTIMORE, MARYLAND 21244 410-265-1784/(FAX)410.521-O480/TCGROUPI~EROLS.COM 369 The Chesapeake Group, Inc. Building A Foundation For The Fut-ure Space Primary, Secondary, Tertiary & Existing Space Table 7,7.- Total Existing Space* Retail ...... 347,100 Personal Services 56,600 , Professional Services 100,000 Financial Services 30,600 ,,, MiSCellaneous Services 91,800 Vacant *Developed by The Chesapeake Group, Inc., 2000. Table 78 - Penetration Level Supportable Space and Existing Space for North Beach* Food Eat/Drink General Merchandise Furniture Automotive + Service 74,120 66,192 14,542 97,500 52,244 62,917 56,187 12,341 117,000 44,347 66,401 14 12,900 62,547 55,858 12. 44,086 23i ,789 2O, O0O '33,021 29,488 45,000 23,274 46,401 10,196 36,625 30,349 27 18,500 21,392; 86,265 77,036 16,930 60,803 ~store Hardware Miscellaneous 38,010 32 32 118 16 26 15,562 44,237 *Developed by The Chesapeake Group, Inc., 2000. 3 370 Preliminary p!anning Concepts North Beach Strategic Plan Housing I Residential Neighborhoods Residential use is the most important economic generator in North Beach - present and future Greatest assets: · Waterfront · Existing iow-scale neighbo, rhoods with architectural character · Proximity Vision I Image: "North Beach will be the most desirable urban neighborhood in Miami-Dade Co.' Range of income Multi-ethnic Choices of hoUsing types Emphasis on families Residential Strategies 1. Improve parks 2. Improve streets 3. Marketing strategies · Emphasize unique architectural character - Emphasize the waterways and'canals . ! . Targeted programs / assistance · Increase homeownership · Rehab loans to increase unit size · Historic preservation incentives · Residential parking Schools Religious institutions Youth programs Essential goods and services Traffic and transportation Accessibility to jobs 10. City of Miami Beach Planning Department (305) 673-7550 371 October 19, 2000 Page 1 Prellmlnar~ Pla_. nnln~g Concepts Noi;th Beach Strategic Plan Attractions and Tourism Vision: "North Beach is the preferred destination for families visi_ting South Florida who are seeking beaches, family-oriented activities, cultural arts and good food in a friendly neighborhood environment." Greatest Assets: ' · Beaches · Waterways · Quieter, slower pace than South Beach · More affordable than South Beach Strategies Cultural activities · Byron Carlyle Theater convert to arts center · Increased programming in bandshell · Black Box theater · Festivals 2, Family-oriented activities · Improved beaches and parks · North Beach Recreational Corridor / Atlantic Corridor greenway · "Blueway" on Indian Creek and other wate~vays · Rowing center / sailing and other boating · Nature Centerin NSOSP · Water park · Science or interactive museum 3. MiMo Architecture City of Miami Beach Planning Department (305) 673-7550 372 October 19, 2000 Page 2 Retail/Service Vision: Preliminary Plann!ng Conce~ts North Beach Strategic Plan "North Beach has ample goods and. services to supply residents' needs in convenient locations, and it offers gmat quality and variety, reflecting the cultural diversity of the community." Strategies ' 1. Differentiate function of neighborhood shopping and services from regional-and visitor-oriented businesses 2. Develop marketing, retention and recruitment plans to cluster appropriate businesses in appropriate locations 3. Enhance vehicular accessibility, pedestrian accessibility, parking, and visual environment as necessary to support the identity of each commercial district Development Opportunity Sites Byron Carlyle Theater · Cultural Arts - performing, rehearsal, office, and teaching space · Must have adequate parking · Capture spillover activity, especially eating and ddnking · Spillover businesses must be located within an enticing and convenient walking distance from the theater West Parking Lots at NSOSP - 79"~ Street to 87"~ Street · Parking for park · Quality housing · Mixed use concepts - home office, boutique hotel, schools 72nd Street site · Equity One project · Miami-Dade Community College · Family entertainment uses · Cultural uses · Parking to support surrounding activities · Urban open space Other sites to be identified City of Miami Beach Planning Department (305) 673-7550 373 October 19, 2000 Page 3 ,o Wl~ SHOPPING Publix: suio kets, inc. Tom Adams REAL ESTATE MANAGER Real Estate Department , May 12, 2000 Doron Valero Equity One Realty & Management, Inc. 777 17th Street - Penthouse M_iami Beach, Florida 33139 RE: NWC Collins Ave & 72nd Street North Miami Beach, Dade County, Florida Dear Doron: Congratulations on the approval of your site for a 51 P prototype! Please note, this approval is conditional upon an approved site plan for the shopping center and acceptable lease terms. Prior to the full execution of a Lease Agreement, a press release or a sig'n announcing the shopping center will not be allowed without written permission from Publix. The following is an outline of the procedures for the preparation of plans and specifications for our store building and the common area elements of the shopping center: Construction Contract Documents It is the responsibility of your architect/engineer to prepare construction contract documents for the shopping center. This includes common area elements (such as on- site and off-site utilities, paving, drainage, landscaping, etc.) that relate to the Publix store. P,O. Box 407 Lakeland, FL 33802 - 1936 George 3enkins Blvd. Lakeland, FL 33815 (86:~) ~8s-T4~4Ext. ss24 Page 2 of 4 May 12, 2000 Sup,plementary Drawings and Specifications It is also the responsibility of your architect/engineer to prepare all additional drawLngs and specifications required to integrate those furnished by Publix into the shopping center construction contract documents. These drawings must be identified as supplementary to the plans and specifications tktrnished by Publix and separate from the shopping center drawings. Publix will furnish its structural criteria and calculations as your engineer requires to facilitate his assuming responsibility for these supplementary drawings. These supplementary drawings shall include but may not be limited to: o Drawings for the facade and front canopy extending from the front of the demised premises to the front of the building, covering the canopy walkway, including drawings for modifications required to Publix's structural drawings by the structural design of the canopy. These will include structural criteria and calculations to facilitate review and approval by Publix. 2~ Drawings for any modification required to Publix structural drawings by the structural design of adjacent shops. These will include structural criteria and calculations to facilitate review and approval by Publix. o Drawings for any modifications required to Publix drawings to accommodate site conditions other than those indicated on the drawings furnished by Publix, such as elevated foundation walls with resulting ramps/steps from side doors and loading docks/truck wells at the rear of the store. 4. Drawings for pilings and a structural slab as required. Should pilings and/or structural slabs be required, Publix will provide a prototype design. This will be for your engineer's guidance only; he will be expected to assume responsibility for the final design. Drawings for transformer vault, sound control walls, visual screens, and other Such appurtenances as may be required by local utilities or authorities having jurisdiction. 375 Page 3 of 4 May 12, 2000 Environmental Audit Also provide a Phase I environmental audit for Publix' review within thirty (30) days from the date of this letter. Information contained in the audit should be prepared and state for use and reliance upon by Publix and the Landlord. All information relating to said environmental report shall be considered confidential and privileged. Environmental consultant shall not distribute, discuss, disclose, publish or allow to be discovered any confidential information without Publix' prior written consent. Please deliver three copies of this report within 30 days James P. Hahn, Esq. General Counsel, Publix Super Markets Hahn, McClurg, Watson, Griffith & Bush, PA Post Office Box 38 Lakeland, FL 33802 Impact Fees Enclosed is an Impact Fee Questionnaire. It is the developer's responsibility to negotiate the lowest possible cost for impact fees. Publix requires that the cost of impact fees be capped..In order to arrive at the amount to be capped, the developer will be required to determine how the county and/or city in which the shopping center will be located determines impact fees. The Developer should obtain all of the pertinent information required for computing impact fees, calculate the estimated fees, and submit the estimate along with all of the supporting documentation to Woody Rayburn in the Publix Business Analysis and Reporting Department. Publix will require the developer to document his plans for challenging the county or ci'cy's assumptions used to calcula'ce the impact fees. This plan must be submitted to Publix before a cap amount will be written into the lease. Please direct any quest-ions regarding impact fees to Woody Rayburn at (941) 616-5743. Geotechnical Studies and Preliminary Drawings Please send three copies of site geotechnical studies and preliminary drawings to John IGC:cherts, P.E., for review at an early stage of design, thus avoiding any costly redesig'n at an advanced stage of contract document preparation. Please see the attached Site Development Package for Specific Publix design criteria. 376 Page 4 of 4 May 15, 2000 General Contractor · The Lease Agreement will require approval of your general contractor by Publix. Please contact our Director of Construct-ion, Bob Newman, to discuss the selection of a corttractor. ' Final Plans and Specifications signed-and-sealed documents for bidding and permitting will not be available to you until: (1) The Lease Agreement has been executed by all parties; (2) Tom Feazel, A.I.A. & John Kitchens, P.E. have reviewed and approved Landlord's Final Plans and Specifications. Please advise if you have any questions regarding this procedure. I look for,va.rd to working with you on this project. Sincerely, PUBLIX SUPER MARKETS, INC. Tom Adams Real Estate Manager SIGNED IN HIS ABSENCE TO AVOID DELAY TA/cm Enclosures: Site Development Packages Impact Fee Questionnaire File James P. Hahn Esq. (w/o attachment) Dave Duncan (w/o attachment) Bob Newman (w/o attachment) Lorenna Sikking (w/o attachment) Woody Raybum (w/o attachment) Mary Dobbins (w/o attachment) 377