GMCVB Agreement Renewal
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CITY OF MIAMI BEACH NOTICE OF
AND AGREEMENT FOR RENEWAL OF AGREEMENT
BETWEEN CITY OF MIAMI BEACH AND
THE GREATER MIAMI CONVENTION AND VISITORS BUREAU
NO
THIS NOTICE AND AGREEMENT is made and executed as of this Z'"2-- day of
~,2002 by and between the CITY OF MIAMI BEACH, a municipal corporation
organized and existing under the laws of the State of Florida (the "City" or "Miami
Beach"), and GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., a
Florida not~for-profit corporation (the "Bureau").
RECITALS:
WHEREAS, on the City of Miami Beach entered into the attached Agreement,
attached as Exhibit "A", dated July 7, 1999, with the Bureau for tourism and convention
sales and promotion functions (the "Agreement"); and
WHEREAS, Section 4 of the Agreement provides that the initial three year Term
of the Agreement terminates on September 30, 2002 unless the City of Miami Beach
indicates its intention to renew the Agreement for an additional two years ("Renewal
Term"), no less than ninety days prior to the expiration of the initial Term; and
WHEREAS, the Mayor and City Commission, upon recommendation of the City
Administration, desires to send Notice to the Bureau of its intent to enter into the
Renewal Term, subject to the additional provisions recommended by the Administration,
as delineated below:
NOW THEREFORE, the parties agree as follows:
1. The Bureau, in coordination with the City's Procurement Director, shall
issue and award a Request for Qualifications (RFQ) or Request for Proposals (RFP) for
Advertising Agency Services, prior to commencement of the Renewal Term of this
Agreement. The Selection Committee that is to evaluate proposals in response to said
RFQ or RFP will be established in conformance with Section 1.05 of the Agreement,
which sets forth the City Participation on the Bureau Board of Directors, Executive
Committee, and Sub-Committees.
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l;.pJ.- 2. The Bureau agrees that no less than $1,000,000 will be targeted by it
each yp.ar of
llming::the Renewal Term to support and implement sub-market initiatives, including, but
not limited to, initiatives identified in the Mayor's Blue Ribbon Tourism Task Force
(MBRTTF) Report, attached as Exhibit "B" hereto. Prior to commencement of the
Renewal Term, the Bureau shall provide a letter evidencing, to the City's satisfaction,
that said funds have been identified for such purpose(s).
3. The Bureau shall implement the following sub-market initiatives identified
in the Mayor's Blue Ribbon Tourism Task Force Report:
(a) Cultural/Special Events:
A Cultural Tourism Committee shall be established and maintained
throughout this Renewal Term. Its mission statement shall contain
a goal to focus on the continued development, promotion and
support of cultural events, including but not limited to the "Festival
Season" and special events that occur within and directly benefit
the City of Miami Beach. Furthermore, the Bureau shall support and
develop incentives for "Festival Season".
(b) Sales/Marketing:
The Bureau shall expand its public relations efforts, including the
hiring of a "wrangler" to focus on the "star power" and "edginess"
which will aggressively promote the identity of Miami Beach as a'
"happening place."
(c) Film/Fashion:
A Film/Fashion/Entertainment Committee shall be established and
maintained throughout the Renewal Term and the Bureau shall,
prior to the commencement of the Renewal Term, provide evidence
satisfactory to the City, of a financial commitment, in the amount of
$27,000 to be used to advertise and promote the City's Production
Industry Access Program in Select Magazine.
(d) Small/Boutique Hotels:
The Bureau shall support and develop a marketing/collateral piece
and web program to ensure targeted marketing for small and
boutique hotels primarily in the City of Miami Beach.
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(e) Airport Initiatives:
The Bureau shall continue an ongoing partnership with the Miami
International Airport to enhance the visitor experience.
(f) Gay & Lesbian:
The Bureau shall expand its co-op advertising programs, continue
collateral publications, and conduct research related to trends in
gay and lesbian tourism. Furthermore, it shall continue to support
and collaborate with the GoGayMiamLcom website and with the
Miami-Dade Gay and Lesbian Chamber of Commerce. A Gay and
Lesbian Committee shall be established and maintained throughout
the Renewal Term to oversee the marketing initiatives.
(g) Service/Attitude:
The Bureau shall work with the Miami Beach Visitor and
Convention Authority 01CA) to develop a service and attitude plan.
It shall assist in the development of a training video for hospitality
employees and support a Citywide Customer Service/Attitude
Campaign featuring such initiatives including, but not limited to, the
"secret shopper."
(h) Administration:
The Bureau shall assist and use best efforts in attaining and
maximizing use of the "MiamiBeach.com" website.
(i) Residential:
The Bureau shall implement a resident-focused public awareness
campaign in Miami Beach, emphasizing tourism's benefits to the
community.
G) All Committees established, or to be established pursuant to this
Section 3, shall be established in conformance with Section 1.05 of
the Agreement, which sets forth City participation on the Bureau
Board of Directors, Executive Committee, and Sub-Committees.
4. The Bureau shall:
(a) Restructure its Marketing and Tourism Committee to better reflect
and be more representative of the sub-market initiatives referenced
in Section 3 herein.
(b) Appoint the City Manager, or his designee, as a voting member of
its Finance Committee.
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(c) Appoint the Miami Beach Convention Center General Manager to
its Convention Sales Committee.
5. The Bureau shall contribute $20,000, annually, towards the establishment
of a scholarship fund for qualifying, in-need Miami Beach residents pursuing a career in
the Tourism Industry and/or Hospitality Management. Prior to the commencement of
the Renewal Term, the Bureau shall evidence, to the City's satisfaction, said financial
commitment.
6. The Bureau shall contribute to the City, for use by the Miami Beach
Cultural Arts Council (CAC), 6% of the Municipal Resort Tax revenues collected by the
City and distributed to the Bureau annually, on or before the fiscal years beginning
October 1, 2002 and October 1, 2003, respectively. The Bureau shall distribute a
portion of the 6% equivalent to $300,000 to the City, for use by the CAC. The Bureau
shall distribute balance of the 6% at the end of each respective fiscal year herein.
7. The City, at all times during the Renewal Term, reserves the right, at its
sole option and discretion, to engage an independent consultant to review and assess
the Bureau's governance, structure, process and operations, particularly with an
emphasis on the impact of same related to the Bureau's performance pursuant to the
Agreement, as amended herein. Accordingly, the Bureau herein warrants and
represents to the City that it shall grant said consultant full and complete access to any
and all records, documents, correspondence, as the Bureau may maintain throughout
the normal course of its business, for inspection by the consultant, at the Bureau's main
place of business, during normal working hours.
Additionally, and conditioned further upon the findings of said consultant, the City
and the Bureau agree that they may consider negotiation of a longer term relationship.
However, said negotiations shall be solely at the option and discretion of the parties,
and nothing in this Agreement, either express or implied, shall bind or otherwise commit
either the City or the Bureau to a longer term, unless so memorialized in a subsequent
agreement and approved by the Mayor and City Commission and Bureau, respectively.
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8. The Bureau will develop a new Strategic Tourism Plan (the Plan), to be
completed on or before October 1, 2003. The Plan shall include the results of an
independent market assessment, based upon the scope of services set forth in Exhibit
"C," attached hereto. As part of this Plan, the market assessment will include and
clearly identify the demographics, travel patterns, and characteristics of the Miami
Beach marketplace; particularly comparing the Miami Beach traveler with the Miami-
Dade County/South Florida Region traveler.
9. The Bureau and the City agree to add the following new Section 2.02(d) to
the Agreement:
Notwithstanding Section 2.02(c), the Bureau herein
acknowledges that the City has satisfied its proportionate
contribution toward the construction of the Bureau's facility,
as same is defined in Section 2.02(c) of the Agreement, and
that no further City contribution shall be required for same.
Accordingly, prior to the commencement of the Renewal
Term herein, the Bureau shall confirm same in writing to the
City, and release the City from any further obligations relating
to same. Additionally, in the event of cost overruns the
Bureau shall promptly provide written notice to the City, and
represent that such overrun shall in no way impair or cause a
diminution in the services contemplated by this Agreement.
With respect to the payment of operating expenses for the
facility, the City and the Bureau further agree as follows:
(i) For purposes of Subsections 9 and 10
only, the defined terms, where referenced
herein, shall have the same meaning as in that
certain Sublease and Operating Agreement
between the Miami Sports and Exhibition
Authority and Greater Miami Convention and
Visitors Bureau, dated November 3, 1997, and
attached as Exhibit "D" hereto (the MSEA
Agreement).
(ii) With respect to the payment of Airport
Operating Expense Rent (as is defined in the
MSEA Agreement) for the facility, the Bureau
herein agrees to limit its use of any monies for
same, from the City's contribution(s) under the
Agreement, as same are defined in Sections
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2.01 and 2.02, respectively, to an amount equal
to the City's pro rata share of said Airport
Operating Expense Rent, and limited
exclusively to that area/space in the facility
representing the square footage directly
occupied by the Bureau's supporting offices (as
defined in the MSEA Agreement). At the City's
discretion, and prior to the commencement of
the Renewal Term, the City may request written
confirmation of said square footage area from
the Bureau.
(iii) The City's pro rata share of the Airport
Operating Expense Rent, as determined in (ii)
above, shall specifically exclude any Airport
Operating Expense Rent costs resulting from
any vacancy or loss of subtenants (other than
the Bureau) under the MSEA Agreement.
(iv) Notwithstanding anything to the contrary
in this Subsection, the City's pro rata share of
the Airport Operating Expense Rent shall be
calculated and determined upon the assumption
of a net annual base rent (as same is estimated
by the Bureau) to be paid by the Bureau in the
facility of $475,000. City funds for this purpose
will not exceed the City's pro rata share of said
net annual base rent cost.
(v) In no event shall any shortfalls in the
Airport Operating Expense Rent be recovered
by the Bureau from any funds budgeted,
planned, or set aside for advertising, promotion,
marketing, and/or other services pursuant to
this Agreement, as amended, and, in no way
shall such shortfall diminish or otherwise dilute
the anticipated service levels required pursuant
to this Agreement, as amended, and as present
in the Bureau's annual operating budget, or in
no way shall such shortfall be reflected in future
budgets submitted by the Bureau pursuant to
same.
10. The Bureau herein agrees that any amendment to the MSEA Agreement
that would alter or in any way impact or affect the costs and other items to the City, as
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set forth in this Subsection 2.02(d)(i)-(v), or in the Agreement shall first require the prior
written consent of the City.
11. The City of Miami Beach agrees to exercise its option for renewal under
the Agreement, said Renewal Term commencing on October 1, 2002, and ending on
September 30, 2004.
12. All other terms and conditions of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the City of Miami Beach and the Bureau have caused
this Notice of and Agreement for Renewal of Agreement to be duly executed in their
name and on their behalf by their duly constituted officers, and the Bureau has caused
this Agreement to be duly executed by its duly authorized corporate officers, all as of
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this 22 day of J-1 A--'1 ,2002.
Attest:
ifko rlNl~
City Clerk
Attest:
GREATER MIAMI CONVENTION &
VISITORS BUREAU
au:h~ t< N~
~, TreaSUrer
Elizabeth Hicks,
William D. Talbert, III President & CEO
F:\A TTO\AGUR\AGREEMNT\GMCVB.RENEWAL.RDL2.DOC
APPROVED N$ TO
FORM & LANGUAGE
& FOR EXECunON
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J..1 The foregoing instrument was acknowledged before me this ~;) day of
~ ' 2002, by Mayor DRvirl Oermer and Robert Parcher. City Clerk, or
their de ignees respectively, on behalf of the CITY OF MIAMI BEACH, known to me to
be the persons described in and who executed the foregoing instrument, and
acknowledged to and before me that they executed said instrument for the purposes
therein expressed.
tJl.- 111 J
WITNESS my hand and official seal, this ~ day of 1'1~
2002.
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
~~ Large e'-I ti_rl"twod.u,.p
Commission No.: !Jprl J Vl ~
My Commission Expires: '/
STATE OF FLORIDA
)
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ULLIAN BEAUCHAMP
NOfARY PUJUC5rATEOFJlLORlDA
COMMISSION NO. 00109289
MY COMMISSION EXP. APR. 29.2006
SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ni''' day of
5~ ,2002, by William D. Talbert, III President & CEO, and NtIflU Elizabeth
etKxxIesbt, Treasurer, or their designees respectively, on behalf of the GREATER Hicks
MIAMI CONVENTION& VISITORS BUREAU, known to me to be the persons described
in and who executed the foregoing instrument, and acknowledged to and before me that
they executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this ~ day of ~~~
2002.
,..-:::
Notary Pub!' ,State of Florida at Large
Commission No.:
My Commission Expires:
F:IATTOIAGURIAGREEMNT\GMCVB.RENEWALRDL2.DOC
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\7'''; MyCclmnllwli...D01t2a,
EltlliNI AprIZI, 2llOll
8
Exhibit "A"
Agreement Between
the City of Miami Beach
and
the Greater Miami Convention and Visitors Bureau
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AGRF:EMENT
BETWEEN CITY OF MIAMI BEACH AND
THE GREATI:R MIAMI CONV'FNTION AND VISITORS BUREAU
THIS t\GREEMENT, is !Dad~ ar.d ~xecuted as of this 71C. day of JLi I...V , 1999 by and
between the CITY OF MIAMI BEACH. a municipalct)rporation organized and existing under the
laws of the State of Florida (the City or Miami Beach), and GREATER MIAMI CONVENTIOlll
. AND VISITORS BUREAU, INC., a Florida not-for-profit corporation (the Bureau).
RECITALS:
WHEREAS, the City of Miami Beach was fonnally a party to an Interlocal Agreement dated
September 30, 1993. by and between Miami-Dade County, the City of Miami Beach. the City of
Miami, the Village ofBal Harbour (the Fonner Agreement); and
WHEREAS, by letter dated November 25, 1998, the City advised the Bureau of its intention
not to renew the Fonner Agreement; said Agreement effectively terminating as to the City as of the
conclusion of the last extension date, or November 30, 1998; and.
WHEREAS, on January 6, 1999, the Mayor and City Commission negotiated a one year
Agreement with the Bureau, said Agreement having a.term commencing on December 1, 1998, and
ending on September 30, 1999, (the 1998/99 Agreement); and
WHEREAS, concurrent with its approval of the 1998/99 Agreement, the Mayor and City
Commi~ion created a Blue Ribbon Committee on Conventions and Tourism. charged with the duty
of reviewing and making recommendations regarding the City's ongoing relationship with the
Bureau and the negotiation ofa new Agreement with City, if any; and
WHEREAS, following extensive meetings, which included presentations from. among
others, the Bureau, the City, the Visitor and Convention Authority, and SMG, the Blue Ribbon
Committee unanimously recommended that the City enter into a new Agreement with the Bureau,
said Agreement having an initial term of three (3) years and, at the City's discretion, a two (2) year
renewal option; and
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WHEREAS, at its final meetings on May 21, 1999, and June 4, 1999, respectively, the Blue
Ribbon Committee recommended the foregoing terms and conditions of said Agreement with the
Bureau, as set forth below.
NOW THEREFORE, the parties agree as follows:
SECTION 1 CONTRACT \\lITH THE BUREAU.
SECTION 1.01 Bureau Functions. Miami Beach hereby contracts with the Bureau
. for the performance by the Bureau of the following tourism and convention sales and promotion
functions:
(a) To develop, promote, market, book and secure conventions, trade shows and
group business;
(b) To expand, develop and pro~ote tourism in the City of Miami Beach
(including, respectively South Beach, Middle Beach and North Beach) in the
domestic and world markets, through consumers, travel agents, tour
operators, wholesales, airline marketing, media, advertising, and other
modalities determined by the Bureau, including such expansion,
development, and promotion of tourism in the City during the "offseason",
as said term is customarily defined within that industry;
(c) To maintain programs and services, where practical, in connection with the
marketing and promotion of conventions and tourism, including convention
services, tourist reservation services, and other operational and administrative
programs in connection therewith; to prepare and distribute brochures,
pamphlets and other advertising information, in a manner generally accepted
in the tourism and convention industry, disseminating information about
Miami Beach; to cooperate with segments of the private tourism and
convention business community for the booking of hotel reservations, tour
packages, car rentals, and other such services, and conducting activities
normally provided by like convention and visitors bureaus in other parts of
. the nation;
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(d) To eng~ge in tourism and convention research and planning, and to conduct
campaigns of information, advertising, publicity, marketing or sales relating
to tourism, conventions and convention events;
(e) In general, to cOllduct or assist in the conducting and carrying out of any
program or project designed to attract visitors and conventions within the
market area of the City of Miami Beach, and to encourage and cooperate with
public and private organizations or groups, hotels, motels, restaurants and
other tourist related entities in their efforts to promote and attract tourists and
conduct conventions to and in Miami Beach;
(f) To employ, engage, compensate and discharge personnel necessary to carry
out the foregoing functions, and to budget, administer and implement the
funds received by it;
(g) To accept, receive and expend private monies, gifts, fees, revenues and
donations, in addition to the public funds transferred to it by the terms of this
Agreement;
(h) To enter into contract with agencies, corporations, persons, or other entities
to accomplish any or all of the above;
(i) To perform any other function. reasonable related to the policy and purpose
of this Agreement;
(j) To the ma."{imum extent possible, provide economic opportunities to all
businesses through the Bureau's acquisition of goods and services, and to
proactively market, promote and disseminate information with regard to the
Bureau's procurement policies in an effort to provide increased competition
and awareness as to new and future prospective bidders, proposers, etc;
(k) To develop a Strategic Tourism Plan;
(I) To involve in Bureau activities to the ma.ximum extent possible policy
makers ofMiarni Beach;
(m) To obtain increased funding directly from the private sector and do increased
partnering with members, as well as co-promotions with hotels, restaurants,
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retail venues, and other comparable tourist draws and attractions within the
City of Miami Beach;
(n) To create an increased emphasis on Miami Beach as a "Destination Resort"
by way of campaign.~ of information. advertising, publicit"j, marketing and/or
sales. This shall include, but not be limited to, the aforestated campaigns
emphasizing Miami Beach's "unique" assets;
(0) To aggressively pursue and "court" television and other comparable media
events, including but not limited to, Super Bowl; Latin Grammys; etc. that
will air from, or' host events from, the City of Miami Beach, and draw
national and international media attention to the City; and
(P) To distribute IACVB reports to the City Administration and Bureau
members, as requested, for annual comparisons of similar bureaus throughout
the country.
Miami Beach acknowledges that priority for booking shall be given to convention and group
business that results in hotel room occupancy.
SECTION 1.02 Reports Records and Evaluation. The Bureau agrees: ( i ) t 0
provide to Miami Beach, within ninety (90) days after the end of the fiscal year of the Bureau, during
the Term of this Agreement, an annual audited report covering the receipt and expenditure of public
and private funds, prepared by an independent certified public accountant, in accordance with
generally accepted accounting principles and practices consistently applied; (ll) to prepare and
submit to Miami Beach, a copy of the Bureau's budget, prior to approval of said budget by the
Bureau, for said fiscal year; (iii) to submit an Annual Report to Miami Beach before the end of
October of each year; (iv) to permit Miami Beach to carry out monitoring and evaluation activities
in such manner as will effectively insure the cooperation of the Bureau and its Board of Directors
in the performance of the Bureau's functions, so long as such inspection and monitoring does not
unreasonably impede or interfere with the functions of the Bureau, and such monitoring and
evaluation activities may include inspection of records of all expenditures from public and private
funds; (v) to provide to Miami Beach such reports as may be reasonably requested by it (including,
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but not limited, to the IACVB reports referenced in Section 1.0 I (p)) , and to provide, not less often
than quarterly, an activity and financial report, setting forth generally the activities of the Bureau
during the previous quarter; (vi) to permit Miami Beach to conduct, at its own expense, a full and
detailed annual audit of the Bureau's records to determine how the Bureau utilized public money
contributed under this Agreement and to permit Miami Beach to conduct, at its own expense,
quarterly inspections of the Bureau's records, to the extent that those records relate to public funds.
Any such audits or inspections shall be conducted in such manner and at such times so as not. to
unreasonably interfere with the day to day operations of the Bureau. In order to satisfy the provisions
. of this S.:ction 1.02, the City and the Bureau herein agree and acknowledge that said provisions shall
survive the Term of this Agreement, as set forth herein.
SECTION 1.03 Compliance with Law. The Bureau shall comply with all
applicable laws of the Federal, State and local governments relating to its activities.
SECTION 1.04 Status of Bureau as Independent Contractor' Indemnification The
parties hereto understand and agree that the relationship of the Bureau and Miami Beach is that of
an independent contractor. In carrying out its functions under this Agreement, the Bureau is not, nor
shall it ever be construed as, the agent or representative of Miami Beach, and this Agreement is not
intended to establish a partnership, a joint venture, or the relationship ofpnncipal agent The Bureau
shall indemnify and hold harmless Miami Beach from any claims, suits, demands or liability, of
whatever nature, brought by others wherein MIami Beach is made a party, through suit, claims,
demands or otherwise, arising o!-lt of any activity of the Bureau under this Agreement, or regarding
the City's contributions as set forth herein. The Bureau shall take out and maintain adequate liability
insurance, in reasonable amounts, consistent with general practices in the industry, insuring against
those types of claims, suits, demands normally covered by liability insurance relating to convention
and visitors bureaus, and shall name Miami Beach as co-insured by endorsement. Policies or
certificates of such insurance shall be remitted to Miami Beach upon execution of this Agreement
by the parties hereto.
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SECTION 1 05 ,
City Participation on Bureau Board of Directors Executive
Committee. and Sub- Committees
The Bureau shall be managed by a Board of Directors (Board), having such number of
members and such composition as may be :letermined from time (0 time by the Bureau. Such Board
shall be representative of the hotel and visitor industry shall reflect the ethnic and multi-cultural
nature of the community and be gender representative, recognizing that industry involvement is
critical.
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The Bureau may act through an Executive Committee which shall meet between meetings
of the Board. The composition of the Executive Committee shall be determined from time to time
by the Board.
The Bureau shall also establish, as it deems appropriate, working sub-committees, currently
including, but not limited to a Finance Committee; Marketing and Tourism Committee; Convention
Sales Committee; Nominating Committee, and Community Relations Committee. The composition
of such sub-committees shall also be determined from time to time by the Bureau.
Notwithstanding the foregoing, the Bureau herein recognizes the significant financial
contributions made by the City of~1iami Beach pursuant to this Agreement; accordingly, the Bureau
and the City herein agree that, throughout the Term of this Agreement, the City's representation and
membership on the Board, Executive Committee, and all sub-committees, respectively, shall be as
follows:
(a) Board of Directors.
The City's representation and membership on the Board shall be a number
proportionate to the percentage amount of the City's total annual financial
contribution to the Bureau, as set forth in this Agreement, in relation to the
Bureaus's total operating budget; but in no event shall said percentage be less
than 30% (Le., in the event that the City's total annual financial contribution
to the Bureau during the Term of this Agreement represents 30% of the
Bureau's total annual operating budget, then the City's membership on the
Board shall be a number reflective of that percentage). The aforestated
members shall be voting members of the Board, selected by the Bureau from
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a slate submitted by the City Manager and approved by the Mayor and City
Commis:;ion, and shall be
(i) residents of Miami Beach; and/or
(ii) representative of the hotel and visitor industry in Miami
Beach; and
(iii) reflect the ethrJc and multi-cultural nature of the City of
Miami Beach, and be gender representative.
(b) Executive Committee.
The City's representation and membership on the Executive Committee shall
be a number proportionate to the percentage amount of the City's total annual
financial contribution to the Bureau, as set forth in this Agreement, in relation
to the Bureau's total operating budget; but in no event shall said percentage
be less than thirty percent (30%) (Le., in the event that the City's total annual
financial contribution to the Bureau during the . Term of this Agreement
represents thirty percent (30%) of the Bureau's total annual operating budget,
then the City's membership on the Board shall be a number reflective otthat
percentage). The aforestated members shall be voting members of the
Executive Committee, selected by the Bureau from those members of the
Board selected from the City;s slate for the Board; however, the City's
proportionate representation and membership on the Executive Committee
must include the following:
(i) At the option of the City, the Mayor of Miami Beach or
his/her designated representative (who shall be a member of
the elected governing body of Miami Beach); and
(ii) the City Manager of Miami Beach.
(c) Sub-Committees,
The City's representation and membership on all Bureau sub-committees,
respectively, shall be a number proportionate to the percentage amount of the
City's total annual financial contribution to the Bureau, as set forth in this
Agreement, in relation to the Bureaus's total annual operating budget; but in
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no event shall said percentage be less than 30% (i.e., in the event that the
City's total annual financial contribution to the Bureau during the Term of
this Agreement represents 30% of the Bureau's total annual operating budget,
then the City's membership on all sub-committees shall be a number
retlective of that percentage). The aforestated sub-committee members shall
be
(i) residents of Miami Beach; and/or
(ii) representative of the hotel and visitor industry in Miami
B.each; and
(iii) reflect the ethnic and multi-cultural nature of the City of
Miami Beach, and be gender representative.
SECTION 2 FUNDING.
SECTION 2.01 Contribution from Miami Beach.
(a) Base Level Contribution The City's total annual base level contribution
to the Bureau. throughout the Term of this Agreement, shall be $5 million
dollars. Said 55 million dollar amount shall represent that portion of the net
fifty percent (50%) of the Municipal Resort Ta."( revenues levied and
collected by the City pursuan~ to Chapter 67-930, Laws of Florida, and the
respective ordinances applicable thereto, as amended from time to time.
For purposes of this Agreement, the fifty percent (50%) net portion of the
Municipal Resort Ta."( (for purposes of this Section 2 only, hereinafter
referred to as the Tax) shall be further defined as derived only from the two
percent (2%) portion of the Municipal Resort Tax collections generated from
the sale of hotel rooms, food and beverage ,and alcohol throughout the City
of Miami Beach.
The City shall distribute the annual S5 million dollar base level contribution
to the Bureau after the following distributions and deductions have been
made:
(i) Less four percent (4%) of the total gross revenues collected
from the Municipal Resort Tax, for collection costs;
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(ii) $687,500.00 for the first year of this Agreement, to be
increased by $25,000.00 per year, throughout the Term of this
Agreement, retained by the Visitor and Convention Authority
(YeA) for fhding purposes consistent with Chapter 102,
Article IV, Section 102-246, et seq., of the Miami Beach City
Code, and Chapter 67-930, Laws of Florida, as both may be
amended from time to time; and
(iii) All payments shall be junior and subordinate in all respect to
any and all obligations of the City required under any
resolutions or ordinances pursuant to which bonds or other
indebtedness of the City of Miami Beach are issued which are
secured by the Municipal Resort Ta."(.
(b) Notwithstanding Section 2.0l(a) above, commencing in the second year of
the Term of this Agreement (Fiscal Year 200012001), the Bureau may receive
an additional contribution from the City in the event that the actual collected
Tax exceeds the actual collected amounts of the Ta."( for the base fiscal year
(defined herein as Fiscal Year 199912000). In that event, the City's additional
contribution to the Bureau, above the $5 million dollar annual base level
contribution set forth in Section 2.01 (a), shall be equal to fifty percent (50%)
of such increase in the Tax.
The City's Finance Director shall be responsible for making such debits and
credits, including distributions to the VCA, collection costs, and monies
pledged to bonds or other indebtedness of the City, as set forth in this Section
2.01. Notwithstanding the foregoing, for purposes of the distribution of
monies from the City to the Bureau pursuant to this Section 2.01 and this
Agreement, the Bureau herein acknowledges and agrees that the portion of
the Tax, as defined herein, is levied and collected by the City, and thereupon
distributed to the VCA. Accordingly, subject to the VCA's approval of this
Agreement, the City and the Bureau herein acknowledge and agree that all
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distributions of monies to the Bureau, as contemplated under this Section
2.01 and this Agreement, shall be made directly by the VeA to the Bur~au,
and such distribution by the VCA, in the amounts required pursuant to this
Agreement, shall be made as if same were directly made by the City, and
shall, accordingly, satisfy the City's requirements with regard to Section 2.01
of the Agreement.
Any and all monies in excess of the annual base level contribution and the
additional annual contribution (if any), as set forth in Sections 2.01 (a) and
(b), respectively; and subject to the distributions and deductions set forth
above, shall be retained by the VeA, in a manner consistent with Chapter 67-
930 Laws of Florida, and as further provided in Chapter 102, Article IV,
Section 102-25 I (a)(3), et seq., as both may be amended from time to time.
SECTION 2.02 Public Funds, The Bureau shall maintain public funds in an account
or accounts segregated from and not Commingled with any privately raised funds.
(a) Method ofPavrnent and Disbursement Throughout the Term of this
Agreement, rvfiiuni Beach shall transfer to the Bureau its required share of the
revenues described herein within thirty (30) days after the last day of the
month in which Miami. Beach received the funds.
(b) . Prohibited Expenditures from Public Funds The Bureau shall not expend
public funds for the following: Bureau staff travel and entertainment, except
that travel and entertainment expenses for up to eighteen (18) persons whose
Bureau positio~ appear in Exhibit A will be permitted when soliciting or
promoting a major convention or corporate meeting booking or trav~l trade;
any matters relating to the Bureau's function as an association, including but
not limited to membership dues and salaries of personnel whose duties relate
to membership marketing; the salary, benefits and prerequisites of the Chief
Executive Officer; interest expenses on loans to the Bureau and expenses
relating to activities beyond the scope of this Agreement.
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(c) Additionally, the City and the Bure-au acknowl,,::dge that the Bureau may
intend to use public funds for the construction of the Bureau's proposed
headquarters and visitor center (to include a sea plane and helicopter facility),
to be located cn Watson Island, in the City of Miami, Florida (the visitor
center or the facility). The City'agrees to the use of any public funds for this
purpose, only to the extent that the Bureau agrees that any City funds used for
the visitor center be used solely for that purpose. Accordingly, the Bureau
herein warrants, and a!Zrees to memorialize same in any current or future
agreement regarding said visitor center, that any change in use of the
proposed facility, other than the stated public purpose of a visitor center
(which may include the Bureau's headquarters and administrative offices as
well) shall not be made without the prior written consent of the City. In the
event the City does not agree to a change in use of the facility, then the
Bureau shall, upon notice from the City, immediately remit any City funds
(i.e. the City's proportionate share) that were utilized toward the construction
of said facility. Pursuant to this subsection (c), the City reserves the right to
audit the Bureau to determine the City's proportionate contribution toward the
construction of said facility.
(d) Contribution from Bureau to Miami Beach
In consideration of Miami Beach's participation in this Agreement,
throughout the Term herein, the Bureau shall make the following annual
contributions to the City, as follows:
(i) $300,000.00 per year - the first annual payment due upon
execution of this Agreement and, thereafter, throughout the
Term of this Agreement, payable on October 1st of the fiscal
year then in effect; said contribution to be used by the City to
provide continued funding for the City of Miami Beach
Cultural Arts Council;
(ii) $30,000.00 per year - the first payment due upon execution of
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this Agreement and, thereafter, in the same manner as
provided in Section 2.0 I (d)(i) above; said contribution to be
received by the City on behalf of the Miami Beach Chamber
of Commerce, and distributed to the Chamber for funding
pUlposes consistent with its mission statement; and
(iii) In the e;, Cfit ~at !he; COtmt) T.an-:lportacio1'1 Q1:1CJt:101'1 (i.G. ~
"P.::.4l') Sa::iGJ Tx{") iJ appro ,e;et C) th.:: cke;torate; 01'1 J1:1I) :9,
1~9S', _1.a the: B~r....J.tl th'r....t;.~Ga .."....i.,e;J $; fuilliori t-om.
~i:~~h D,,"-cG C~t:n~ tt,e: DW'e;;xu JhaU, 'ommcn,in~ on
. ,
Oe;:e~'.. 1, 19S'9, w:~cl thcrcmc.. WJfit:a:lI) t:hfo~5hOtlt the T'..ul
of ~J .\~r":n'at, ri~a~k, a Gontricuacf'i to tn, Cit} in the
amettl.t of $758,088 per) e;ar.
SECTION 2.03 No Tmpainnent of Bond Oblie-ation In the event Miami Beach
determines that the allocation ofta."< revenues required to be made under Section 2.01 may impair
the obligation of any contractual arrangement between Miami Beach and the holders of its bonds
secured by said ta."< revenues, said commitments by the City attached hereto as Exhibit B, Miami
Beach's participation in this Agreement shall be forthWith terminated; provided, however, that in the
event of such termination, Miami Beach shall continue'to be bound by any prior committed contract.
convention reservation or other commitment duly made by the Bureau during and up to the end of
the Term of this Agreement.
SECTION 3 Public Records and Open Meetini Policv. The Bureau sball adhere
to the policy attached as Exhibit C to this Agreement regarding access to its Board of Directors and
Executive Committee meetings as well as its corporate records.
SECTION 4 Duration ofrhis Ae-reement. The initial Term of this Agreement shall
commence on October I, 1999 and tenninate on September 30,2002 (the Term). At its sole option
and discretion, and provided further that the Bureau is not then in default of the Agreement, the City
may renew this Agreement for an additional two (2) year term, said reneWal term commencing on
October I, 2002, and ending on September 30,2004, by providing the Bureau with notice of its
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intention to renew the Agreement no less than ninety (90) days prior to the expiration of the initial
Tenn.
Notwithstanding the foregoing, the City may tenninate this Agreement at any time, upon
thirty (30) days written notice to the Bureau, in the event that the Bureau, in the sole discretion of
Miami Beach, fails to comply with any of the tenns' and conditions set forth in this Agreement.
Upon receipt of said written notice from the City, the Bureau shall have seven (7) days within which
to cure the default(s) set forth therein. In the event that said default(s) is not cured within the
aforestated cure period, this Agreement shall tenninate with no further notice from the City required;
, said termination effective thirty (30) days from the date of the City's written termination notice; and
the City shall have no further liability under this Agreement.
In order to equalize the cash flow of resort taxes to Miami Beach, the City enacted Section
102-251 of the Miami Beach City Code, which provides for a withholding or deferral of accrued
payinent to the Bureau until May of each year. In the event of a termination of this Agreement prior
to the end of its Term. the money owed to the Bureau is the amount described in Section 2.0 I above
and not the lesser amount due to a withhOlding or deferral of payments pursuant to Section 102-251
of the Miami Beach City Code.
SECTION 5 Goods & Services. 'The Bureau shall procure goods and services
on a competitive basis and shall provide opportunities for African American, Hispanic American and
women owned businesses and services., In order to promote a broader outreach and encourage new
and diverse potential bidders and proposers, the Bureau shall use its best efforts in cooperating with
the City to establish a broade~-based "pool" from which to procure said goods and services. This may
include, but not be limited to, workshops to be co-sponsored by the City and the Bureau for the
purpose, said workshop(s) and to be held on Miami Beach.
SECTION 6 Notices. All notices, demands and requests which are given by
the parties shall be in writing and shall be deemed to be properly given ifsent by United States mail,
postage prepaid, addressed as follows:
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As to Miami Beach:
. Attention: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
With copies to:
City Attorney .
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
As to the Bureau:
Attention: President
Greater Miami Convention & Visitor:s Bureau
701 Brick{:ll Avenue, Suite 2700
Miami, FL 33131
Any such names and addresses may be changed at any time upon the giving of written notice
of such change sent by United States mail, postage prepaid, to the other parties affected by the
change. A copy of any notice sent by one party to another shall be sent to all other parties noted
abOve.
IN' WI1NESS WHEREOF, Miami Beach and the Bureau have caused this Agreement to be
duly executed in their name and on their behaIfby their duly constituted officers, and the Bureau has
caused this Agreement to be duly executed by its dWy authorized corporate officers, all as of this
I ~ day of J UL'-L. 1999.
Attest:
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CITY OF MIAMI BEACH
NebcnJlJ Ma~
City ClerIc
Attest:
GREATER MIAMI CONVENTION &
VISITORS BUREAU
William D. Talbert. m Acting President & CEO
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Exhibit "B"
Mayor's Blue Ribbon Task Force on Tourism Report
(December 17, 2001 - March 4,2002)
and
Appendix
UNDER SEPARATE COVER
CITY OF MIAMI BEACH
Mayor's Blue Ribbon Task Force on Tourism
Report
(December 17, 2001 - March 4,2002)
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TABLE OF CONTENTS
I.
I. Mayor's Memorandum .
II. Task Force Members List
III. , Mission Statement with Goals
IV. Chairs Executive Summary
V. Human Rights and Beach Resolutions
VI. Rnal Committee Reports
VII. Appendix
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. Meeting agendas, minutes and attendance sheet
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. Committee Minutes/Agendas
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. Surveys and other Infonnation distributed at meetings
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.. GaylLesbian Survey
.. South Beach Hotel and Restaurant Association Surveys
+) South Beach Hotel and Restaurant Association Parking
Study
.:. GMCVB Survey
+) GMCVB Pie Charts
+ Resort Tax Information
+ Revenue Report by Area
+ Sanitation Budget and Deployment
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F:lCMlIRlIAU\CHRI8TIN\Moyaruefll_~.bIe"~.doc
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CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
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TO:
JORGE M GONZALEZ
OlYMANAGER
BLUE RIB~~TASK FORCE
DAVID D
MAYOR ,
BLUE RIBBONTOURISMT.ASK FORCE
PROM:
SUBJECI':
DATE:
12/1012001
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.A3 yoU may be aware, the Blue Ribbon Tourism Task Force has been created to serve as
Ii forum for members of the hote~ restaurant, and nightclub industries as ~ll as members of
the Community. A representative from the Gty of Miami Beach Administration will also be
present at each meeting. The Task Force will focus on exploring and identifying innovative
means for the betterment of the tourism-dependent industries within the Gty. The first
meeting is scheduled to take place on December 17, 2001 and will meet again on January- 7,
2002 (after the holidays). Members of the Task Force will continue to meet eveIY Monday
following January 7, 2002 as long as deemed necessary. Meetings will take place at the Qty
Manager's Large Conference Room at 5:30 PM
David Kelsey - South Beach Hotel and Restaurant Association
Shelly Abromowitz - South Beach Stone Crabs
SteVe Haas - RecI Square
Jorge Garcia - Miami Beach Chamber of O>mmerce
Elsie Howard - VISitor and O>nvention Authority
Stuart Blumberg - Greater Miami & Beaches Hotel Assocation
RomanJones - OpiumGaIden
Jessica Goldman - Goldman Propenies
Grace Calvani - Latin O1amber of Commerce
Peter Fj,.1n-n.
Pauline Wmnick - GUtural Arts Council
Ada I..lerandi - Ritz Plaza
Bill Talbert - Greater lvIiami Convention and VISitors Bureau
Donnie Lefton - Continental Hospitality Holdings
Sergio ColIati - Carlton Hotel
T illi,,", Lopez - South Beach Hispanic O1amber of Commerce
Melanie Muss - FOI\Dl:"inebleau Hotel
Robert Todak - Delano Hotel
Jonah Liebrecht - Island Outpost Hotels
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Orlando Velasquez - Holiday Inn
Jeff Abbaticchio - Loews Hotel
Jeff J ....h",,," - National Hotel
Linda PoJansky- Oay Hotel
DODDa Zemo - Miami Beach Ol.amber of Commerce
Andrew Stark - SunPost
Don Pebbles - P~bles Atlantic Corp.
Keith Space - The Abbey Hotel
Richard Trainer - Twiu
Joe PalIant - South Beach Villas
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Blue Ribbon Tourism Task Force Kickoff Meeting
December 17, 2001, 5:30, PM
1700 'Convention Center Drive
City Manager's Large Conference Room, 4th Floor
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AGENDA
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1. Roll Call
2. Introduction by Mayor David Dermer
3. Nomination and election of Task Force Chairperson
4. Member suggestions regarding Task Force organization
5. Reception
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City of Miami Beach
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Blue Ribbon Tourism Task Force - Mission Statement:
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The main goal of the Blue Ribbon Tourism Task Force is to help facilitate
communication between representatives from the hotel" restaurant and nightlife.
industries. Through greater communication and creativity the panel will develop
local initiatives to help invigorate the tourist industry. Representatives from the
City of Miami Beach Administration will be present at every meeting.
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The Blue Ribbon Tourism Task Force shall consist of members selected and
appointed by the Mayor, upon recommendations of the City Commission.
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Members:
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David Kelsey - South Beach Hotel and Restaurant Association
Shelly Abromowitz - South Beach Stone Crabs
Steve Haas - Red Square
LUllam Lopez - South Beach Hispanic Chamber of Commerce
Elsie Howard - Visitor and Convention Authority
Stuart Blumberg - Greater Miami & Beaches Hotel Assocation
Roman Jones - Opium Garden
Jessica Goldman - Goldman Properties
Grace Calvani - Miami Beach Latin Chamber of Commerce
Peter Rickman -
Pauline Winnick - Cultural Arts Council
Ada Uerandi - Ritz Plaza
Bill Talbert - Greater Miami Convention and Visitors Bureau
Donnie Lefton - Continental Hospitality Holdings
Sergio Collati - Carlton Hotel
Melanie Muss - Fountainebleau Hotel
Jorge Garcia - Miami Beach Chamber of Commerce .
Robert TocIak - Delano Hotel
Jonah Uebrecht - Island Outpost Hotels
Orlando Velasquez - Holiday Inn
Jeff Abbaticchio - Loews Hotel
Jeff Lehman - National Hotel
Linda Polansky - Clay Hotel
Donna Zemo - Miami Beach Chamber of Commerce
Andrew Stark - SunPost
Don Pebbles - Peebles Atlantic Corp.
Keith Space - The Abbey Hotel
Joe Pallant - South Beach Villas
Richard Trainer - Twist
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Blue Ribbon Tourism Panel - Member List (FINAL)
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David Kelsey - South Beach Hotel and Restaurant Association
Shelly Abromowitz - South Beach Stone Crabs
Steve Haas - China Grill Management
Jorge Garcia - Miami Beach Chamber of Commerce
Elsie Howard - Visitor and Convention Authority
Stuart Blumberg - Greater Miami & Beaches Hotel Association
I, Roman Jones - Opium Garden
Jessica Goldman - Goldman Properties
Michael Gongora - Latin Chamber of Commerce
1- Peter Rickman - The Intemational Law Group I Joumalist
Roger Abramson - Cultural Arts Council
Ada Llerandi - Ritz Plaza
I" Bill Talbert - Greater Miami Convention and Visitors Bureau
Donnie Lefton - Continental Hospitality Holdings
!, Sergio Collati - Carlton Hotel
L11l1am Lopez - South Beach Hispanic Chamber of Commerce
Melanie Muss - Fountainebleau Hotel
Robert Todak - Delano Hotel
\, James Kostecky - Tides Hotel
Orlando Velasquez - Holiday Inn
\, Jeff Abbaticchio - Loews Hotel
Jeff Lehman - National Hotel
Linda Polansky - Clay Hotel
j, Dona Zemo - Miami Beach Welcome Center
Clay Hamilton/Andrew Stark - Sun Post
Donahue Peebles - Peebles Atlantic Corp.
L, Martin Scasserra - The Abbey Hotel
Richard Trainer - Twist
Joe Pallant - South Beach Villas
\. Kathleen Kennedy - Winter Haven Hotel
I Carl Zablotny - Wire Magazine
, Dawn White - American Airlines
,., David Wallack - Mangos CafQfOcean Drive
I Gary Knight - Dade Human Rights Foundation
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Cathy Leff - Wolfsonian
, Luis Bondi - Antique and Collectible Market
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MAYOR'S BLUE RIBBON TASK FORCE
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Committee Reports should Include:
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. GoalslMission Statement
. Issues Addressed
. Summary of Priority, Recommendations and Initiatives
. FlnanciallmpactlCost/Funding Sources
. Responsibility for Implementation and Status
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CornmlUee Goals:
Goal 1:
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Develop and formulate short term and long term initiatives to create a long range
plan to sustain and promote the Tourist Industry.
Goal 2:
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Through certain committees, in particular Administration/ResidentiallService and
Attitude, develop initiatives that will ensure that our City will be visitor, business
and resident friendly.
G081 3:
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Establish an administration methodology to ensure that the initiatives and
recommendations proposed by the Task Force are implemented and sustained,
including Identification of funding sources.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER ORIVE MIAMI BEACH. FLORIDA 33139
_.c1.mlamJ.beach.f1_us
March 4, 2002
Mayor David Denner & City Commissioners
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mayor Denner & Commissioners:
.It Is with a great deal of pride, that I, on behalf of my 35 colleagues, who collectively spent
over 500 hours as members of the Mayor's Blue Ribbon Taskforce on Tourism, present OUf
findings.
Our mission, as presented to us by the MayOf was to help facilitate Communication .
betWeen representatives from the hotel, restaurant and nightlife industries. Through
greater communication and creativity the panel will develop local initiatives to help
Invigorate the tourist industry.
Though the mission was clear, the Mayor challenged us to take it to the next level. With
this In mind I fonned individual committees to deal with challenges and opportunltfes that
faced every facet of tourism and Its Impact, not only on our number one industry but also
the quality of life of our residents. These committees were:
. Parking
. CulturaV Special Events
. . Residential
. Administration
. Gay & Lesbian Marketing
· Service & Attitude
. Sales & Marketing
- Boutique/Small Hotels
- Branding & Visibility
- Film & Fashion
- Airport
Many of these committees broke into sub-committees or process teams. They began an
exhaustive series of weekly meetings the purpose of which was to achieve the goals that
were established under the expansion of the mission statement.
The charge to each committee was to look at short term and long tenn initiatives. In
establishing these programs additional criteria suchl as doable programming, budgeting,
funding and implementation were critical in achieving our goals.
8
MB)IOI" end City Commission
. AlsJlOl"8 Blue Ribbon TouriBm Task Force
March 4, 2002
P8Qs2of4
In addition the taskforce was able to analyze the City of Miami Beach Resort Tax Revenue
& Expenditures for the past three years, plus the projected budget for this fiscal year. The
Administration advised the Task Force that the current budget had already been adjusted
to reflect a 20% decrease in revenue. As part of the funding challenge for the proposed
initiatives, the taskforce wanted to see how revenues were currently used by the City.
We strongly believe in having the ability to find additional funding for many of our
proposals. Its important to understand that resort taxes must be used for tourism efforts
including City services that support tourism but without diminishing currently funded
Initiatives. In other words, don't rob Peter to pay Paul.
The taskforce Is very aware of the diversity of our community which includes bo~ resident
and visitors. We are very proud of the strides that have been taken in respect to this
diversity. These Include the opening of the first African-American owned ConventionlResort
Hotel in the nation; hosting the 2003 NAACP Convention; putting on events like the Latin
Music Festival, Fashion Week of the Americas and other Hispanic initiatives and our
support of the Human Rights ordinance which offers equal opportunity to Gays & Lesbians,
residents as well as visitors. This is evident In our support of events like the Winter Party,
etc. We need to nurture this diversity by ensuring that the current financial resources now
available, in particular our resort taxes, are used effectively so that we can continue to be
an Inclusive destination and community.
In seeking additional financial resources we must look at other options that may be
available. As an example, the City might wish to revisit with Miami-Dade county officials to
see if there Is still interest in them taking over the administration of our Beach Patrol as was
discussed a few years ago. If this was a possibility, it would free UD $4.4 million of resort
tax revenue which coulq be used to resolve manv of the challenaes now facinaour
communitv. We are sure there are other avenues to explore, this is just one of them. We
hope that the City will continue to seek and explore new funding and not diminish existing
resources.
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The taskforce Is very cognizant of the fact that these findings will be going through a public
process towards the end of the month. However, many initiatives proposed by the Task
Force are currently being implemented because we don't have the luxury of time.
These Include, but are not limited to Sales and Marketing efforts for Boutique/Small Hotels; r
moving ahead on the Gay & Lesbian programming; creating a Cultural partnership between
hotels, restaurants and the residents of Miami Beach; Film/Fashion incentives that are
moving ahead so we can again flourish in that segment of our market; parking incentives
for residents, visitors, cultural patrons, nightlife, restaurants, etc; the repainting of our
Boardwalk and cleaning of the Serpentine walkway at Lummus Park on April 13-14 through
our Residential Committee, the Academy of Travel & Tourism students at Miami Beach
High School and the administration; the residential committee kicking off National Tourism
Week on May 5th with events that include residents, community leaders and our visitors;
the beginning of all of us participating In the -Extra Smile- campaign by the Service &
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Mayor and CIty Commission
Mayor's Blue Ribbon Tourism Task Force
Man:h 4, 2002
Page 3 of4
Attitude committee and the evolving partnerships that have been created through our
process with other community based organizations to assist us in achieving the ambitious
goals we have established.
In reading this report you will note an over riding theme of overregulation in many areas. In
this regard we urge the City officials and various boards who are contemplating further
restrictive rules that could impact our ability to create a friendly and successful environment
(i.e. the current issue before the Planning Board regarding outdoor entertainment by a
hotel on Ocean Drive incurring fines). We feel strongly that it is in the best interest of the
City and the Industry that this issue and others like it be deferred until action is taken
regarding our report which Includes recommendations ori Issues exactly like this one!
In regard to implementation which is just as critical as funding, we don't want this report to
sit on a shelf as in the case of other reports, not just by Miami Beach, but historically
throughout our county and State. Those entities, both publiC and private, who've been
identified in this report as responsible parties for implementation have all agreed to assume
their role.
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In order to support their effort, there was unanimous consensus that the City should name
a permanent advisory panel to assist the City and responsible organizations, ensuring that
all of the initiatives that are approved by the City get implemented. In order to be consistent
with our efforts, I believe that the Committee Chairs (Robert Todak-Ada L1erandi: Parking;
Elsie Howard-Roman Jones: Sales & Marketing; Peter Rickman-Jorge Garcia: Residential;
Jeff Abbatlcchio: Gay & Lesbian; Steven Haas-Orlando Velazquez, Jr.: Service & Attitude;
Cathy Left-Roger Abramson: Culture/Special Events and Stuart Blumberg: Administration)
should be allowed to be the ones who ensure that all the efforts of their committee work be
followed.
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In addition, the taskforce requests that at least two times a year,
CommlsslonlCommunityllndustry public workshops be held so that all the stakeholders are
updated as to the progress being made on these initiatives.
We believe that we've created a blueprint for the City to follow in respect to its future. The
ability of all the stakeholders. industry and residential, to volunteer their time and energy is
unprecedented in our community. This is not a slick, packaged consultant study
commissioned by Miami Beach. It is a living document and a testimony to those
stakeholders who day in and day out are trying to make this a better community through
the efforts of tourism.
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The taskforce has chosen to write a cover letter to ourflndings as opposed to an Executive
Summary. We feel that each of the attached reports, recommendations, minutes and
appendixes are significant enough in nature that they should be read from beginning to
end.
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Mayor and CIly Commission
Mayor's Blue Ribbon Tourism Task Force
Af8tr:h 4, 2002
Page4of4
I wish to take this opportunity to thank the Mayor and Commissioners for giving us a forum
In which to express our Ideas in regards to the future our community. Just as Important, I
wish to thank the members of the taskforce for their time, patience and professionalism;
the City Administration and staff, the residents, the community resources and all those who
participated In this public effort.
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When all is said and done all our voices will be heard.
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Respectfully submitted,
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Stuart L. Blumberg
Chalnnan
Mayors Blue Ribbon Taskforce on Tourism
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CITY OF MIAMI BEACH
, Office of the City Manager
Letter to Commission No. ~ ~ - ;l.00.J.
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Mayor David Dermer and Date: February 1. 2002
Members of the City Commission
Jorge M. Gonzalez \~~
City Manager U
RESOLUTIONS ADOPTED BY THE MAYOR'S BLUE RIBBON TOURISM
TASK FORCE
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Attached please find two (2) Resolutions adopted the Mayor's Blue Ribbon Tourism Task
Force. .
Resolution - Janual)' 14. 2002
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The Mayor's Blue Ribbon Tourism Task Force unanimously passed a Resolution in support
of the City Of Miami Beach Resolution reaffirming their support of Miami-Dade County's
Human Rights Ordinance. .
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Resolution - JanusI)' 28. 2002
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The Mayor's Blue Ribbon Tourism Task Force unanimously passed a Resolution In support
of the City of Miami Beach's efforts to renourish the City's beaches and strongly
recommends that use of the Apalachicola river sand for the City's erosion control
demonstration program be given highest priority in the City's 200212003 Federal Legislative
Agenda.
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attachments
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Stu Blumberg, Chairman, Mayor's Blue Ribbon Tourism Task Force
Christina M. Cuervo, Assistant City Manager
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (JI5) 173-7010
FAX: (305) 173-7712
Mayor's Blue Ribbon Tourism Task Force
Proposed Resolution of the Members
Passed Unanimously on January 28, 2002
THE MAYOR'S BLUE RIBBON TOURISM TASK FORCE SUPPORTS THE
CITY OF MIAMI BEACH'S EFFORTS TO RENOURISH THE CITY'S BEACHES
AND STRONGLY RECOMMENDS THAT USE OF THE APALACHICOLA
RIVER SAND FOR THE CITY'S EROSION CONTROL DEMONSTRATION
PROGRAM BE GIVEN HIGHEST PRIORITY IN THE CITY'S 2002/2003
FEDERAL LEGISLATIVE AGENDA.
Whereas, according to Florida Department of Environmental
Protection, 75% of Miami Beach is now at a critical state of erosion
and the hurricane protection function of the beach system has been
severely compromised: and
Whereas, the identification of alternative sources of beach
compatible sand is critical to the future shore protection program:
and
Whereas, approximately $15,000,000 in combined Federal,
State and local funding has already been appropriated for
Implementation of an A1temative Sand Source Test Beach Project:
and
Whereas, the Mobile District office of the Army Corps of
Engineers is now in the process of dredging the Apalachicola River
and taking the stockpiled material into the Gulf of Mexico to be
disposed of; and
Whereas, testing has shown that the stockpiled material Is
about '1,250,000 tons of beach quality sand that would be highly
compatible for use on Miami Beach; and '
Whereas, the City of Miami Beach has contracted with the
finn of Jorden, Burt, et. al. for lobbying services In Washington, D.
C.; and
Whereas, the City Administration is in the process of
finalizing the City's proposed 200212003 Federal Legislative
Agenda for presentation to the City Commission on February 20,
2002.
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NOW, THEREFORE, BE IT DULY RESOLVED BY MAYOR'S BLUE RIBBON
TOURISM TASK FORCE THAT THE CITY"S EFFORTS TO RENOURISH THE
CITY"S BEACHES ARE FULLY SUPPORTED BY THE TASK FORCE AND
THAT USE OF THE APALACHICOLA RIVER SAND BE GIVEN THE HIGHEST
PRIORITY IN THE CITY'S 200212003 FEDERAL LEGISLATIVE AGENDA.
PASSED and ADOPTED this 28th day of January, 2002.
14
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE em MANAGER
TELEPHONE: (305) I73-7ttO
FAX: (305) 173-7712
Mayor's Blue Ribbon Tourism Task Force
Resolution of the Members
, Passed Unanimously on January 14,2002
.
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Whereas, on December 2, 1992, the Miami Beach City.
Commission unanimously passed Ordinance No. 92-2824 which
created the Miami Beach Human Rights Ordinance which
prohibited discrimination in employment, housing and public
accommodations on the basis of sexual orientation; and
Whereas, on October 7, 1998, the Mayor and City Commission of
the City of Miami Beach passed Resolution No. 98-22935 which
urged the Miami-Dade County Commission to adopt provisions in
the Miami-Dade County Human Rights Ordinance to prohibit
discrimination in the County on the basis of sexual orientation in
housing, credit and finance, public accommodations, and
employment; and
Whereas, on December 1, 1998, the Miami-Dade County
Commission enacted Ordinance No, 98-170 amending its, Human
Rights Ordinance to prohibit discrimination based on sexual
orientation in housiilg, credit, finance, public accommodations and
employment; and
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Whereas, on January 9, 2002, the Mayor and City Commission of
the City of Miami Beach reaffirmed their continued strong support
for the Miami-Dade County Human Rights Ordinance and their
desire for the Miami-Dade County Commission to stand firmly
behind the Miami-Dade County Human Rights Ordinance, and
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Whereas, the Mayor's Blue Ribbon Tourism Task Force recognizes
the importance of non-discrimination on the basis of sexual
orientation to the visitor industry.
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NOW THEREFORE LET IT BE RESOLVED:
The Mayor's Blue Ribbon Tourism Task Force unanimously
passed a resolution in support of the City of Miami Beach
resolution reaffirming their support of Miami-Dade County's
Human Rights Ordinance.
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SIGNED:
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STU BLUMBERG, CHAIRMAN
MAYOR'S BLUE RIBBON TOURISM TASK FORCE
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DATE:
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LIST OF ITEMS
MA VORiS BLUE RIBBO,...TASK FORCE SUB-COMMITTEE
ON PARKING
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1. MISSION STATEMENT (ONE PAGE)
2. ACTION ITEMS (TWO PAGES)
3. MUL TI-SPACE PARKING FOR Ny'C-SCHLUMBERGER (TWO PAGES)
4. RATESlHOURS OF OPERATION COMPARISON (ONE PAGE)
I. ' 5. HOTEL HANG-TAG PROGRAM (SIX PAGES)
I... 6. ON-STREET PARKING -MAXIMUM TIME LIMITS LIST (ONE PAGE)
7. TMA EMPLOYER PROGRAMS (ONE PAGE)
I,. 8. ':NAY FINDING AND IDENTITY SYSTEM (NINE PAGES)
9. TAXI CAB LOCATION (1VVO PAGES)
10. FILM & PRINT INCENTIVES (EIGHT PAGES)
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CITY OF MIAMI BEACH
MAYOR'S BLUE RIBBON TASK FORCE
PARKING COMMITTEE
MI..lon Statement .
To provide MI8m1 Beach visitors and Hospitality Employees a level
. of parking related services and accessibility tIlat assures an
equitable pricelvalue relationship, the standards of which are
Indicative of a wortd class resort community. .
Goal One To afford visitors parking options that enhance overall satisfaction
through Improved technology, eased restrtctions, multiple payment
acceptance, enhanced slgnage, and. customer service training.
Goal Two To identify alternative parking and transportation options that wDI
benefit hospitality Industry employees in form of cost reduction and
ease of access. These options would reduce demand. on city
facilities by said employees and offer more avanablltty to visitors.
Goal Three To Increase aVailable parking areas, through more efflcJent uses of
on-street (curbside parking), including angle parking where
appropriate, E4nd the development of new parking facilities.
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F:\CMGR\SALl.\CHRI8nNlM8yor8lueRlbb\REPORT P8rIdng CoI..nIlIH'.doc
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A GruIer........ce ill_ Big Apple
In 1999, the City signed a competitive bid con-
tractlO purchase 150 Schlumbergertermi'lals
for on and oII-strBet parlling. This purchase
brings the total number of Schlumberger
Terminals i'l New York Cily~ 445 units,
. managing more than 20.000 parking spaces.
For this new bid, NYC wanted a new
glllKll'lllion of muIIi-space terminals 10 manage
both 011 and off-strBet parking wIIh certai'l
criIlcal requiremenlB, including:
~ Cenralzed computer monitoring for
individual control of Terminal units
~ Mitinal installllion efforts
~ Optional solar panels as power source
~'Highly resistIIntto vandaism
~ long-term relabilily
~ Ease of use for public
In response, Schlumberger developed the
DSLine which delivered added benefits avan
beyond the Cily's reqai'ementB.
TIle W"n.. SolIdI..
The Schlumberpr OGUna has a unique
Onbo.d 2 way wireless communication
technology. This feature allows each DGUnt
to mairtain remote comectivily wIIh a cenll'8l
computer station. send"1ng real-time alarms
in the event of tempering, maintenance
needs, or a full coin compartment In aden..
tion.1he cenlr8l station can reise or lower
parIdng rates aUlDm81icaly It incfNiduaI
D6Line terminals in rasponse to special
events. The software package on the central
computlll' gives compllltll statistics about
I'M1'Il' and techrical reports.
Flexilll. Opllans
The DGUne is the only parking terminal that
combines a .oIar penel power supply and
two WII'f realO communication to a central
For eddllioul iIdDrmlIIiaD. pIeue COIIIIICt
, _ JO.I773
www.schlu~smartcards
server. Each unit can be placed virtuaHy anv.
where in the city. As a case bt point, New
York's tenninals ware specically designed
to meet the CIly's requiremenlS for a special
mounting thltldlllched to existing city light
poles, thus saving install8tion time and '
axpanding available parking spec,es.
Users 1MB also benefitfrom a f\exibIe choice
of payment. While Terminels presently
accept PIYR1IIIl bt the form of coins and pre-
payment cards, a smart card upgnide for aH
u. is ailproaclllng inpIemenIation: ,
D.........bIe SecariIy
ConsIructed to easit( wiIhsbmd the 1llldng
conditions of an urban environmeiit.
Schlumbergar DGUne terminals are the
most vandal resistant in the indUSlry, with
high-securily locks, slieldlng, and sapal'lled
money and maintenance companments.
On-board wireless alarms instantly notify
the central monitoring. system of anv
break-in or vandam
Cost-Elec:liw Ope.daa
No other parking system Cln oller the maxi-
mized revenues reaflZ8d through the IIS8 of
Schlumbergar DGUne MuI1i-Space Parking
Terminals. WiIh its cenlralized, real-time
wireless monilDring of maintenance M8ds,
DGLi1e has atabflShed 1he high851 SIIIndanls
in the indus1ryfor ra6abiily and uptime, along
with the IOMSt"Operetional cost of any
multi-space parking terminal
About Sell.......
Schlumberger is a wortd leader in parking
technolo\IY. With more 1han lI5,ID) instaDed
Pay & Display terminals controlling nearly
2 mIIon perking spaces worldwide,
Schlumbarger parking soIu1ions have been
implemenl8d bt a wide range of U.s. cilia&-
from Aspen and D8IIVIl', Colorado to
Hollywood, florida, and from New Yon city
to thlt.Sen Francisco Bay Area.
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As one of the woMs largest municipelilies, 1he
City of New York flees constant chlleng.. it
lnll11ging ill IUlO 1r8fIic. In 1he nrIy '908, seeking
10 inprove 1I'IfIic 1Iow ~ meldng perkilg spices
lIIOI'8 t'8IlIIy IVIllbIe,1he Cky begin 10 Implement
I controIedperkilg sysIIImI for lis 1Il,lJOO on Ind
off-street JllrIcing spaces. AI I plll't of1hil process,
2&! Schlumberger D64ll111lkplce pe"rldng
tenni1IIs were instilled ~1he metro IIIL
Three yell1la11r In 1997, e _10 lnalyz& the
IlICClllS of ill controIed JlIltcila options nMl8led
1hatndi-lplC8par1dng melIII1 conlribuIBdlO 112%
m- air......... _thet Ii Ii... IIpIC8I1ll111n.
The flC1IndrMng 1his I'8I/MIll gain Included:
~ Mare IVIllbIe space for perking 1I18n with
cClllll8fllianlI sIngIl mllt8l'8
~ No rIIflnIsfor elrly departure . .
~ The .......... ri"piggybackilg", I'ld01_1ID1g
edvanlllgll ri lIIIIIlI1ime ell I sIngIt lI'IlIIIr
~ Meximized uplinl due 10 high reaance to
vandalism and iIcr8Ind reIiabIty. Also, beclwp
muItl-spacelllils cln mai1bIin coverage if
anaIher unit fails
~ Reduced miintllllnce CCIlIII due to f8wer .
number of IlllIIII-spece .. Ind high n1iebllily
of Schlumbergertermi1lls
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contmuni~ technology
~ CentraIlz8d syatInI for I8mOlll r
contrDllnd mo'*oring L
~ Sollr plnels for cost.free
l81f-pawerina
~ PlICement Idlptibilily
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The Challenge:'. [
To create I 8edlIe IIIlI COlIt-etf8cIive
mulli-space parldna soiuIian for I r
cilywilh1hllargestnumberof . l
parldng apices In 1he u.s.
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The Solution: l
. The SchlumbergerDGUne MulIi- .
Spece Perting TerminaL' . r'
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The Results:
Centralized wirele.. connectivily, [
remalI moniIDrIng, cost-effective
soIlr-pclWll'8d aperelion, and high~ .
flexible install1ion. .
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,CITY OF MIAMI BEACH PARKING DEPARTMENT
MAYOR'S BLUE RIBBON TASK FORCE ON TOURISM
PARKING SUB-COMMITITEE
RATESJHOURS OF OPERATlONIFINE
FOR TWENTY MAJOR U.s. cnlES'
CMB VS. FLORIDA clu.ES
eMB VS. u.s cnlES
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CITY OF
MIAMI BEACH
, CITY OF MIAMI BEACH PARKING DEPARTMENT
.HOTE'L GUEST HANG-TAG PROGRAM ART DECO DISTRICI' - ZONE ONE
Dear Guest:
Welcome'ttfMiami Beach! It is OlD' pi to make your visit an enjoyable one. In an effort to acbievethis .... tile City
of Miami Beach PvkinI Di.panment in c:onjUDCtioa wiIb your hotelier his established a Hotel Guest H8n&- Till Program
for your parking convenience. The Hotel Guest Hang-ta& Program wu created. to eMaDce your plIIIdD& opticms
, tbroIJ&hout)'OW' stay. We hope this propillllllCCOJIDDodaIes your parkin& needs. We request that you adhere to the Nles
of1he prosram in order to ensure system-wide parkin& ~lability and public safety.
flot~ GuHl A_a.. T.. R.Is~
o Cost: 56.00 per day (plus sales laX). '
o Hours: 24 hour per day (Iiom 12:01 P.M. Noon to 11:59 A.M.)
o ' Place )'01Ir b8n&-ta& on your rear view mimIr f8cin& oiaL
o Your bani-tal is valid only on die day, d8Ie. month. and year puncbed.
o You mllSt place a newly pllDChed huI&-ta& daily by 12:01 P.M. Nooa
o Please park lepUy in tbe designated facilities to avoid having your vehicle cited and/or impounded.
o Remove your Hang~ Tag when u.....odina your vehicle.
o Your Hang-till is honored at the followin& City of Miami Beach Parking Facilities within Zone One. Please
refer 'to the 10ClR0I' map on the rewne side.
.
parklno I~ ."owed .1 the rollowi_ nt'L.C=treet P.rIIltIes III 7...Gne One!
Municipal Lot No. 7C loc:a1ed on Collins Awnue aad 6th Street
Municipal Lot No. 2B loca1ed on Meridian Awnue and 6th Street
Municipal Lot No. 12X located on Washington Avenue and 9th Sueet
Municipal Lot No. 13X located on WashiDpon Avenue and 10th Street
Municipal Lot No. 17X locatecI on CoUias Avenue and 13th Street
rarldn2 is allowed at the rollowinp On-StTeet Families (mete" onlY) In Zone One:
6th Street between Collins Avenue and WubiDpJa Awnue
9th Street between ColliDs Avenue and WubiapJD Avenue
11th Street between Collias Avenue and Wubiqton Avenue
13th Street between Collins Avenue and washiiJ&ton Avenue
M.ke ,.nur ,.1_11 mn" enlnvable with thl!R friendlY tills:
o Residential. Permit ParkinS is Slrictly enforced. LoOk for Sipsl
o 00 not park at crosswalks. fire hydrants. fire lanes, bus stopS. or where signs are posted prohibiting
parkin&. .
o Always park in the direcdon oftraft1c flow on-street and heed in off-street.
o Park and ride die EIlCb'OW8ve!
o Always wear your scat beh when u~,-' your vehicle.
o Don't Drink and Drive. ADd if you do drink, please have a desipated driver.
o Never park at a bagsed parkins meter.
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1f)'0II experience l1li)' problems, we want to hear ftom you. Please call the City of Miami Beach Parkin& DeparUnelU
at (305) 673-7505 or after hoUrs at (305) 673-7000, cxt. 6844 or 6B45 or please write to:
.' aty of Miami Beacll ParkiDl Depart1lleDt '
WUblDatGD Aveaae, Suite 100
Miami Beacb. Florida 33139
We hope your stay is a pleasaDt oae. Pleue visit us .ain soon!
Tile On- of ;:\llaml Beach is not responsible for'- or damap due to lire. theft. bftIlcap. or coIIIIIoII-Ardcln left In ,..hie_ ..
at owner's risk. Your Halll- Tq mast be displayed at 811'" willie parIled In a City orM...1 Beach Parkhac Fadlit).. If you
_ _ _. .... ..__...__ __1_ .__, ,_. _.h .bn.... Tal!. DI_ contad the City of Miami Beaela
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CITY OF MIAM.I BEACH
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CITY OF MIAMI BEACH pARKING DEPARTMENT
HOTEL GUEST HANG-TAG PROGRAM
CONVENTION CENTER DlSTRICT - ZQNE TWO
Dear Guest
Welcome to Miami Beach! It is our goal to make )'OW' visit aD enjoyable one. In an effort to IICbieft this goal. the City
Of Miami Bach ParidDI Dc..-M.eat in caqjUDCtim with yOur hotelier bas established . Hotel Guest HIlDa- Taa Propm
for your parkinJ cOliYeDience. The HOIeI Guest Hani-ta& Propam was c:reated to enhance your pukiD& ~
throuBhout your stI)'. We hope this P......... ac;WIIII'-od.- your parkin& Deeds. We request that you adhere to the rules
oflbe proplllll in order to cosure syatan-widc pvkiD& availability and public safety. -
9nt~1 GuMt R_a.. T.. Rilles:
o Cost: 56.00 per day (plus sales tax).
o Hours: 24 hour per day (from 12:01 P.M. Noon to 11:.59 A.M.)
o Place your bIaI-tIII OIl your rear view mIrror facin& out.
o Your han&-IaI1s valid only OIl the day, date, moatb. and year punched
o You must place . newly puncbecl baJls-taI dally by 12:01 P.M. NooD
o Plase park leplIy in the clesiptM &cililies to avoid baviD& your vehicle ca.d and/or impounded.
o Remove your Hq-T.. when ut-a1iD& your vehicle.
o Your Haa&-tai is hoaond at the followin& City of Miami Beach ParkiDI Facilities witbiD Zone Two. PleUe
refer to the ioc:ator map OIl the reverse side. ' ,
Parkin. h .lIftWN .t the rollo_In. Ofl'-St~ p.~nltk!!lID 7..ane Two~
Municipal hrkia&, Lot 6B, IocIIed OIl CoUiDs Avenue and 21 SIreet
Parkin..!; allowed 8t the fol1owinIJ On_StrHt Fseilltles lmet:en ftntv\ In 7..o.e Two:
21st StreeI eut ofCoUins Avenue
22Dd.StreeI eut orCollins AWIPIC
Miami Beach Drive betvJeen211t Street aacl22Dd Street.
M.ke wur vlllt mDre enl~,..hle with these f'riMIdlv fl..-: ,
o Residential Permil ParkiD& is stric:dy enf'orced. Laok fOr Sipsl
o Do not park at crosswalks. fire hydrants, fire lanes. bus stops, or where signs are posted prohibiting
peddDa.. '
o Always perk In the direc:tiCID oftraftic flow or....obcct and head in off-street.
o Perk and ride 1bc EM....~.\'e!
o Always wear your seat belt wheD ........4MDI )'OUt'vehicle.
o DoII't Drink aDd Drive. And if you do drink. please bave a desipotM driver.
o Never perk 81.... perkins meter.
If you experience any perking problem(s), we want to hear fiom you. PlelIse call the City of Miami Beach PaIkina
DepanmeI1t at (305) 67~-7~5 or after bours at (305) 673-7000, ext. ~B44 or 6845 or please write to:
City of Miami ~ ParldDl DepartlMat
1130 WulliJa&toD Avenae. Salte lOG
Miami Beacb.- Florida 33139
We hope your stay is a pleasant one. Please visit UI apin soonl
,TbI city ofMla.1 BeadI is lICIt responsible for...... dam... due to fire. theft" breakap.... co........ ~ left ill wille"
at o_'s risk. Your Hane-T.. must be displ.yed lit aD t1_ willie parked I.. CIty ofMI.mI Beach ParIdDt FadIltY..1ryoa
10_ -.. rhal'ftd mDR thaD S6.39 per day (IDCludiDe sa6 us) for eIIch B....-T.e. please contact the City orMlaml Beach
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CITY OF MIAMI SEACH
CITY OF MIAMI BEACH pARKING DEPARTMENT
HOTEL GUEST BANG-TAG PROGRAM
INDIAN CREEKlCOLLINS AVENUE DISTRlCf - ZONE THREE
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Dear Guest:
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Welc:orne to Miami Beach! It is our plIO make)'OlD' visli an esVoyable~. In lID eft'art to IICbIevl= dais pi. tbe City
of Miami Beach Parking 0eparImml inconjunc:tioll wiIb your hotelier bas established a HoIeI Guesl Hana-TI& Prop8DI
for your parkinl convenience. 1bc Hotel Guest HanI-ta& PJ'OII'IIIl was cremd, to enhance your p.tdn& optiOllS
1hJouBbout your staY. , We hope this pup.... acc.......od- your parkin& needs. We request that yau adhere to the ruIcs
oftbe program in order to ensure system-wide parkia& availability aDd public safety. '
Attie. GUMt Han.. T.. R.IB~
o Cost: $6.00 per day (plus sales 1lIX).
o Hours: 24 hour per day (fi'oIn 12:01 P.M. NOClIl to 11:59 A.M.)
o Place your bani-tal ClII your rear view mirror filcin& out.
o Your hana-tal is valid cmIy on !be day, dale, moatb. and)'elll' punc:hecI.
o You must place a newly puncbed bafta-tII daily by 12:01 P.M. Noon.
o Please park leplly in the des..... ficilltics to avoid haviD& your whicle cited and/or impounded
o Remove your 1faD&- TII when ...-a4h.a your vehicle.
o Your Hana-taS is hoaored at !be following City of Miami Beacb PII'kinI Facilities within Zone Three. Please
refer to the locatOr map on the reverse side. '
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Pa rkln. 15 allowed at the foil_in" Off-Street Varllitles'ln 7.0_ Thw:.e:
Municipal Parkin& Lot 20X.located on Collia Ave.lIDlI27 su.
Municipal ParkiDI Lot 16D.located ClII Collins Ave. aad 34 SIreel
Municipal ParkiDI Lot 16E. locIted ClII Collias Ave. aad 36 S1reet
p:arldncr hallowed .. the lollowin. O....Street PBrnltles lmeters onlY' In Zone Three:
All on-sueet parkins meterS located on Indian Creek between 27th Street end 41st Street (cast side).
All on-street parking meten located on 31st, 33rd. 35th. 37th. 39th. anc1 41st Streets east of CoUins
Avenue.
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M.ke yt'tllr "'.It lDoreenlftvahle with then ~~~ ~:
o Residendal Pennlt- PII'kinI is IIricdy ...d'~ Look for Signsl
o Do not parle at c:rosswalks, fire hydrants. fire Janes. bus stopS. or where sips are posted prohibitin&
pukinI.
o Always park in the direction oftraflic flow ~eet ud bad in off-street.
o Park and ride die EIecmtwne!
o Always well' your Hat belt when u......ooa your vehicle.
o Don't Drink and Drive. And if you do drink;pleuc have. desipated driver.
o Never pert at a "'11"" peddn& meter.
If you experience any perldD& problem(s). we want to bear tiom yau. Please call the City of Miami Beach ParItin&
Department at (305) 673-7505 or after hours It (305) 673-7000. ext. 6844 or 6845 or please write to:
City of Miami Beacb Parklal Deparua...t
1130 Walliapon Ay..... Salta 100
Mia'" Beacb, Florida 33139
We hope your ltay Is a plea_at G,IIe. Please visit us apiD 100II1
. ne at)' of l\1iaml Bach Is not rapoasIble for loa er Ita.... dB to lire. 61ft. bralc8p, or coIIWoa. A..... left la wIaIdei
at oner's risk. Your R..... TaclDllSt ~ displayed It aI. fllDlS while parked In a aty ofMlaml1Jellcb Parlda& Facility. If,..
hue bftn cbllrpd more..... S6.39 per day (Indad'" sa_~) fer aeb Halll-Ta., plnse co.tact tile City ofMla1lli Beach
...._.....~ n_..._,at fJOS) 673-750S. TIle Oh' ofMlamta-cb, II not respoaslble for lbe ilDpoIIod.... or ImlDoblUution
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CITY. OF MIAMI BEACH'
CITY OF MIAMI BEACH pARKING DEPARTMENT
HOTEL GUEST HANG-TAG PROGRAM
OCEAN TERRACElNOR'I1I BEACH DISTRICt - ZONE FOUR.
Dear Ouest:
WeJcome to Miami Be8Chllt is our sod to make your visit'lD eqjoyable ODe. In ID effort to achieve this pi. die City
of Miami Beach ParIdn& DcpIu'tmeIIt in conjunction wiIb your hotelier has established a Hotel Ouest Hana- Taa Propam
for your parking convenience. The Hotel Guest Jian&-tII Program was created to enbance yourparkiDg options
thrcJu&boul ~ stay. We hope _ pl...1IIl ac:commodaIa')'OIII' parkiD& needs. We request lbat you adhere to me iules
of the prosram iJl order 10 ensure systcm-wide parkin& availability and public safety.
Rnt~1 GuHf R_no- T.. Rules:
o Colt: $6.00 per clay (plus sales laX).
o Houn: 24 hour per day (ti'om 12:01 P.M. Noon to II :59 A.M.)
o Place your hang-I8& on your rar view minor fIcin& OIIL
, 0 Your han&-IaI is valid only OIl the clay, --. moadI, IDCI year punc:bed.
o You must place a newly punched baD&-faI daily by 12:01 P.M. Noaa.
o Please park legally in tile designated filcUities to avoid bavina your vehicle cked and/or impounded.
. 0 Remove your Hana- Taa when ........aDn& your vehicle. "
o Your Hanl-tal is honored 1t1be followiD& City of Miami Bach Parkin& Facilities within Zone Four. Please
refer 10 the IocIlor map OIl the reverse side. '
Park.no h aJlowm at the fnlkrwln. nrr~treet ".eilltl_ In 7....... )rft.~
MlBlicipal ParkiD& Lot 9B,1oc:Iled OIl Collius Avenue 8DCI '72Dd Street
Municipal ParidDI Lot 9F, located OIl 75th Street mdCollias Avenue '
Municipal ParkinS Lo126D, located OD CollinsAvemae UIlI 83rd Street
Municipal ParkiD& Lot :mc, 1oc:ated on Bonita DrM and111l Stnet
Psrklnv II _Unwed at the (nllowln. On-Street Fa~lIitll!l (ml!t~nnlY' In Zone Faor:.
Ocean Terrace between 13rd aftd 75th Street; md 13ni. 74th, aftd 15th StteeI betWet:ll Collins Avenue IIIId
()c:caD Tcmcc.
Make your vUlt mnre enl_hIe wItIl thBI! friendlY tillS:
o Residential Permit PlII'Icin& is $lricdy enforced. Look for Sipl .
o Do not parle It crosswalks. fire hydrants, fire Janes. bus stops. or where sip are posted prohibitin&
parkin&.
. 0 Always park in the direction oftraftic: flow ~ amd held in off'-street.
o Park and ride the ElectrOWIIVC! '
o Always wear yoIJr SCIl beltwhcn operatlnl your vehicle. '
o Don't Drink and Drive. And if you do drink, please have a designated driver.
o Never park It a baged perking meIer.
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If you experience any parking problem(s). we want to beer from you. Please call the City of Miami Beach Perkln&
Dcparanenl at (305) 613-7505 or after bOlB'SIt (30S) 613-7000. at. 6844 or 6845 or please write 10:
City orMIa_i Bead ..rkiDC Department
1130 WashlalloB AveaaCo Suite 100
Miami Beach, Florida 33139
We hope your stay II . pleasaat ODe. PI.... Yislt us qalD .ooa!.
TIle Oty of Miami BacIlli IHIC ftI1IOMIbIe (or _ or dalll8P due'" Ilrt. dIeft. braIaIItt or ~ Arddelleft I. "cll\da at OMCI"a "*
"OlIr ~ T.. mUlt be dIspIa)'ed a' all d_ whOc pIIrW .. a GIll of:\11a1lll Baldi ParldDI facUl~'. If youllaYc bntI 'Ilareed IIDrc ,!IIID
_ . _. . _ ___ _.____ _<ER'_.... M...nr.t1..... Baril Parldaa DepllrIIIICII1a'l3t15) 673-'7505. Tlac
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pLEAsE HANG ON REAR VIEW MIRROR,
THIS SIDE FACING OUT.
REMOVE BEFORE VEHICLE IS IN.MOT10N.
PREVENT THEFT. LOCK YOUR VEHICLE.
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City of Miami Beach 07451
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pLEASE HANG ON REAR VIEW MIRROR.'
THIS SIDE FACING OUT.
REMOVE BEFORE VEHICLE IS IN MOTION.
PREVENT THEFT, LOCK YOUR VEHICLE.
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Zone No.8
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city of.Mlaml Beach
Hotel Guest Validation
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PLEASE HANG ON REAR VIEW MIRROR,
nil SIDE FACING OUT.
REIIOVE BEFORE VEHICLE IS IN MOTION.
pREvENT THEFT. LOCK YOUR VEH1CI.E-
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29951
City of Miami Beach
Hotel Guest Parking
Hang-Tag
Zone No.4' .
Ocean-Terrace District
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CITY OF MIAMI BEACH PARKING DEPARTMENT
ON-STREET PARKING INVENTORY/sOUTH OF DADE BLVDI23RP STREET
MAXIMUM TIME LIMITS
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LOCATION . MAX TIME , .TM1T
Ocean Drive between South Pointe Drive and 5th Street ' 6 HOurs
Ocean Drive between 5th Street and 15th Street 3 Hours
100 Block: (Ocean Drive - Collins Ave) between 5th and 15th Streets 6 Hours
200 Block (Collins Ave - washington Ave) between 5th imd 15th Streets 2 Hours
Collins Ave between S. Poin1e Drive and 5th Street 6 Hours
Collins Ave between 5th Street and Espanola Way 6 Hours
W.lIhblgtonAve betweenS. Pointe Drive and 5th Street 6 Hours
Wa!lh;ngton Ave between 5th Street and 17th Street 2 Hours
WA!lhington Ave between 17th Street and Dade Blvd 12 Houts
Alton Road between 5th Street and 20th Street. ' 2 Hours
1600 Block ofLcnox Avenue 6 Hours
1600 Blocks ofMcridian, Jefferion and Michigan 2 Hours
1600 Block of Euclid, Drexel. and Pennsylvania AvenUes 2 Hours
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Notes:
.1500 and 1600 block of Alton and 1100 and 1200 blocks of Lincoln Road was increased
to 3 hour times limits to accommodate Lincoln Road CiDf!m.II. ,
..Municipal Lot behind Epicure Market is dual time limits (two hour parking from 9am
to 6pm1six hoW' parldng from 6pm to Midnight). '
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F:'I'ING\SAWSAUL~ts.doc:
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Miami Beach Coordinated Wayfinding and Identity System
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The City of Miami Beach, the Miami Beach Visitor and Convention Bureau,ancI stakeholders
tC1hescnting major attractions and facilities throughout Miami Beach have partncredto create a
waytinding and identity system for the city. This wayfinding system will be designed to project a
. consistent image for the city; case vehicular congestion; promote walking and mass transit; and
be sustainable as well as exp&ndable. .
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Goala ,
· Create a consisteDt wayfinding and identity system across a range of sign and publication
mediums. .
· Create awayfinding system tbat focuses on airectina to major parking garages and destinations. .
· To improve wayfinding and visitor information on events in the city.
.To establish wayfinding links to city bike and pedestrian trails.
· To promote Miami Beach's cultural and arts identity.
· Establish ongoing administration and maintenanc:c of the system. .
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The ConC8~
The Miami Beach Coordinated Wayflndi"i and Identity System consists oftbree
~or COJDpQDeDts: :
1. DestfDatiOD WayfiDdlDlSyltems - 'Ibis Collection of gateways, wayfinding signs and
arrival sips direds visitors and residents to major destinations around Miami Beach, 8Dd adjacent
~ pragcs. The focus of this system is encouraging visitors to park their cars. Some
components that make up this system include:
. City.pteways
· DiJtrict. Directioaal Signs that includes information J-m...g to major garages.
· ~nllt1on directional signs that directs visitors to cultural attractions. public beach. shopPing
districIs. and major government building with the adjacent parldng facility.
· Simple pedestrian signs in. the higltcst density blocks of Miami Beach, and along Collins
Avenue.
· Consisteat and creative Anival'signs mR1'lrn,g the cntiance to parking facilities and major
cultural institutions in Miami Beach. '. '
· Consisteat. simple city'maps available at every parking facility in handout or kiosk form.
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DcsdDaUODS will be established based on specific criteria and reviewed by a steering" committee.
See SilD Criteria for fimhcr review.
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2. 'SpedaI EVeJlt .ips, mapa ad pubHeatioDl - This system is oriented around the large scale
events and convention center shows that bring millions of people into Miami Beach each y~. Some r
of the comporicnts that make up this system include: '
· A ""nl~ program oriented around large-scale events, ~or museum shows, and performances. r
('Ibis system. is already in place)
Miami B_cIa Coordinated Wayf1ndfng and Ideatity System
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, City of Miami Beach Appli~tion for
Approval of a Signage i)istrict ,
From the Florida Department"ofTransportation
The City of Miami Beach seeks approval for the development ofa signing district within
it's city limits, aDd have the ability to develop a unique sign design within the boundaries
established by the Florida Department of Transportation.
Key T.....
A. The SIpDlltrict
Sip districts 8Je confined to one municipality and administered by a single governmental
sponsor. Inside that district the government entity bas the approval todcsigo. develop
criteria, construct. own, and actively mAnflge wayfinding signs on local and state roads
within the district with approval J:CSPODSibility from the Florida Department of
TraDSpOt118tion.
B., WayftDdbal
WaySntnng Signing is a systematic netwodc of directional signs to suide the traveq
public ftom major highway gateways to key civic, cultural. visitor and recreational and
commercial destinations within a specified Sil"'ing District.
In developing the Sip District The City of Miami Beach seeks approval frOm the FIorlda
Department ofTransportation(FDOT) in the following areas:
PnIImIDary PJ.nninl Approval
. Million Statemalt
. ParticipariYlg S1aJceholder Groups
. DestiDation Criteria
Del.... Approval
'. Prototype Sip Dcsip and Fabrication Intent Guidelines
Sip Route, Location, 8IId MaD-c_at Approval
. Sip pJmmn" and location
. Oasoing maintenance and m~nagement program
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Iftbe City of Miami Beach achieves these objectives to the SBtisfaction of the FOOT, the
City sbalI be issued a letter of approval to p.~ with the installation of signs.
MiuJon Statemeat.
The City of Miami Beach will create a mission statement outlinillg the goals of the
lb0ia8lD, the ~or groups involved, and the elements that will make up the systeoi.
Partidpatbac Stakeholder Groups
The City of Miami Beach will initially form a group of st8keholdcrs, consisting of .
rcpn:scntatiOD of interests that could be involved in the Signing District. These
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· Temporary signs and barricades oriented around event wayfinding.
· A city process for event permitting oriented to include signs and banners.
· Simple bus shelter and handout maps oriented around special events, and information inserted
=-~. --. .. ."'..into"bthcr publications. --:.::=:=: ._~:::-=-:;-:---- .._....._. .
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3. NeighborboodSignale Program -This simple system is oriented towards ~uaique-
identities of each neighborhood while creating a coherent itreetscape identity for Miami Beach. The
focus of this system is a combination of unique neighborhOod elements with simpll;..~ ~_to ._
duplicate signs. These elements can be fit to. match the needs of each individual neighborhood in
Miami Beach. Components include: .
· Standards and initiatives for unique neighborhood gateways
· Standards for neighborhood banners .
· Street sign prognmi With neiahbod1ood identity
· Intezsiate and parking trailblazers.
· Municipal Beach and recreational area identity system tied into the bicycle/pedestrian trail
currently being developed.
· Regulatory sign standards.
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R.aponalbllltl_ _ _. . .
The City Manager assiped the PJann;"I Dep8&twent to take le8d respo~bility:for1:6e pJsmm"l8ud
design of the Coordinated Wayfind"'a and Identity System. A Steering Committee is made up of
the following depar1mcnts and stAreholclerpoups:
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City of Miami Beach PJRmI"'a Departmem
City of Miami Beach ParIn"l Dcpanmcm
City of Miami Beach Convention Center
City of Miami Beach Visitor BUd Convention Bureau
City of Miami Beach Public Works Departmeat
Miami-Dade County Public Works Departwent
Florida Department of Transportation District VI Traffic Operations Division
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Miami Beach CoordiDated WayfiDdiDg ad Identify System
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stakeholders will be involved in the approval process at every step in development of the
r system.
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DeltlDatioa Criteria
The City of Miami Beach will utilize a stakeholder task force to create a set of criteria for
the selection of destinations. This criteria will be used to create a list of included
destinations and be used in judging the inclusion of new destinations.
After receiving approval from the Florida Department of Transportation for the first thn:e
steps ofpRlJiminary planni1'\g the City of Miami Beach would like to seek approval for a
Prototype Sign Design and Fabrication Intent Document.
Prototype Sip ~esip and Fabrication In.tent Document.
Prototype Sign Design - The prototype sign design is a design document outlining these
staadards:
. Sip Panel Size, Color, and Material
. Lettl!l'ing Type, Size, Color. Material and Reflectivity
. Any Additional Logos or Symbols
. Sip Panel Height:&om the Pavement
. Sip Pole Color and Material
. Sign Foundation Detail,
In developiDg a Sign Design the city of Miami Beach would like to adhere to Sign
District d~p standards currently used in most U.S. States and the District of Columbia
including: PenasylVBDia, New York, Maryland, Washington D.C., New leney,' "
T-s'=, Delaware. and Virginia. (See Attached Examples). These standards include
the foDowiDs: '
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siP P..... SIze, Color, ..d Material
. Sip Paue1 shall be of a color ofoo less than 60% in coJ11:raSt to the foreground sign
l~~ and arrows.
. Sip paels shall have beveled edges.
. Sip Panels shall meets standards for wind loads.
Letterlal Size, Color, Material, and Reflectivity
. Sip letters shall be at least 3" in height.
. Sign letters shall be made of a reflective material with a color con1l1lst of at least 60%
of the bI~1c'sro~ surface.
Sip P..eI BeJcbt from the Pavemat
. Sip Panel sball,be, at least 7'-0" from the pavement
. Sian pole sball not obstruct a pedestrian right olway.
Sip Foaadation DetaR
. Sian foundations shall meet with FOOT btak-away standards.
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After approval of a prototype sign design The, City ofMi"ami Beac~ will seek apProval
for sign routes, final sign locations an ongoing maintenance and management plan. With
the approval of these standards the City of Miami Beach will have approval for the full
Sign District and instaIJation of sisns.
Sip Lo~tiODS
. Approval must be made for a conceptual route plan from the city edge to the
destination... .
. Approval for the location of each sign in state road right-of-ways.
Manalemeat and Maintenance Plan
. System for replacement or removal of signs.
. System for ongoing cleanina and upkeep of signs.
. Sign for oncoing planni1'\g and system expansion
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Panel CoIOl1l - Blue, brick red with a silver border and rule
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Panel Width - 40"
Panel Height - S' from the pavement
Pole Color - Black
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~ing Color;- Reflective gray
ArroW Color - Reflective orange
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Foundation Fotter -1 bolt breakaway
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Philadelphia, PCDDsyIvania
DiI1ric:t Directicmal Sip
DetaIII
Panel ColOIll - Blue, brick red
Panel Width - 40"
Panel Height - S' -4" nom the pavement
Polo Color - White
Lettering Color - Reflective gray
AIrow Color - Reflective Orange
Foundation Potter - J bolt breakaway
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DcstiDation Directicmal Sip
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Lane aster, Pennsylvania
~R. ,
L Panel Colon - Blue/Green with red highlights
Pme1 Width - 40"
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Panel Height - S' from the pavement,
Polo Color - Light Gray
Lettering Color - Reflective White
Arrow Color - Reflective White
Foundation Footer - Plastic composite in a steel sleeve
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DirOctkma1 Signs
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DetaIII
Panel Colors - Blue, for both pedestrian and vehicular signs
Panel Width - 40"
Panel Height - S' 1i'om the pavement
Pole Color - Black
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Lettering Color - Reflective White
Arrow Color - Reflective White
Foundation Footer - Plastic composite in a steel sleeve
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TAX]; CAB LOCAT];ONC];~Y 1nDB
Below you will find an upda~ list with the locations of
existing taxi stands and'the amount of vehicles authorized at
that location
ADDRESS LOCATION . OF CAB$
000 BLK-COLLINS BEHIND JOE'S STONE CRABS 6
100 BLK-2nd ST. ACROSS FROM HARRIOT HOTEL ~
500 BLK-COLLINS WEST SIDE OF STREET 1
900 BLK-OCEAN DR. NEXT TO OCEAN FRONT 2
. AUDITORIUM
1000 BLK-ALTON RD. NEXT TO WILD OATS MARKET 4
100 BLK-12th ST. NEXT TO PRIVATE PARKING 1
LOT ..
200 BLK-LINCOLN RD. NEXT TO ECKERD 2
1200 BLK-LINCOLN RD. NEXT TO FIRST UNION BANK 4
200 JIUt-11t:11 sr. ACROSS DOlI POLZCI: 2
IEPARDa:lft'
1600 BLK-WASHINGTON AVE. NEXT TO BANK OF AMERICA 3
400BLK-17 ST. . ACROSS FROM T.O.P.A. 2
BEHIND BURDINES .
1600 ~LK-HERIDIAN CT. . i
1680 BLK-MERIDIAN AVE. IN FRONT OF MEDICAL' ,1
BUILDING
1100 BLK-19th ST. NEXT TO OLD PUBLIX 1,
1900 JIUt-RESr .~VE. D.n' !'O 11"1IL DRJ) ACROSS 4
7.RaIlI ptuJT. r:r
100 BLK-22DCl ST. ACROSS FROM HOLIDAY INN 5
200 BLK-23R ST. 23~ ST. & COLLINS 2
SOUTHWEST CORNER
100 BLK-29th ST. NEAR THE SEVILLE HOTEL 2 .
100 BLK-31st ST. NEXT TO RIU BEACH~ HOTEL 3
.
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100 BLK-38~' ST. NEAR THE CARIBBEAN HOTEL 2
200 BLK-40th ST. ACROSS FROM THE RAMADA INN 1
200 BLK~42nd ST. SOUTH OF DAYS INN 1
. ,. '-,
4000 BLK-PRAIRIE AVE. NEXT TO CVS PHARMACY j
...
4~OO S.r.K-SBZRIDAN AU. N1i:X!r 1'0 DU:RKJ.J9 ~u:is' 2
43.... ST. & ALTON RD. AT MOUNT SINAI' HOSPITAL- , 2
NEXT TO PARKING GARAGE
440q BLK-COLLINS AVE. NEXT TO roUNTAINBLEU HOTEL 13
4500 BLK-COLLINS AVE. NEXT TO THE EDEN ROC HOTEL 3
4800 BLK-COLLINS AVE ACROSS FROM THE WYNDliAM 7'
RESORT
~OO BI,lC-65 S'.r. lG:.D' 1'0 l'ACAlr.L' 1m' 2
.
200 BLK-67.... 'ST. ACROSS FROM RADISSON HOTEL 4
6800 BLK-HARDING AVE. WEST SIDE OF PUBLIX 1
~OO BI,lC-69 StreeC: BezC: C:o [)eftV'. Par1c:iDg 3
LoC:
200 BLK-87th ST. ACROSS FROM DEZERLAND 3
HOTEL .
7100 BLK-Ruev Versaille Across From Normandy 3
Market,
~OO SLK-74 Stree'l: HazC: = JiI'.~gr.eD'. Paz:1c1zlg, 3
Lot:
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. ~ 1fI1MIl'll!q, or !rAX% SPACBS-l00
Note: locatiOD$ appearing in bold /talks are new locations being added.
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NEW PROPOSED
, ,EXPANDED.
, INCENTIVES.
44
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Summary of changes proposed from Initial incentive program and the new
proposed expanded Incentives program: .
. The Film & Video Program changes:
. Expanded to include print
. M.inimum quaJffierselimlnatecl
. 1 free b~ach access pass offered
. all police administrative fees waived .
.
This program shall benefit a more of our clients ~ thus allowing us to promote
this to all our clients.
Convention Center Parking changes
. Expanded to Include an permitted productions
. Includes usage for base camp and crew parking
. Program can be utilized by more clients, even Including several clients
using this program on the same day
This program shall benefit more of our clients - and shall be able to offer this
, program to several clients simultaneously
Beach Access program:
. Expanded to include an additional month '
PCRV program
. Rates reduced ($75 reduced to $50, $175 reduced to $100)
This makes the program more attractive, more user friendly and emphasizes
the ability of the vehicles to be able to load/unload at hotels.
Scouting program
. Rates reduced (from $75 to $25)
. F:\lNFO\lALLw.EXlS\Changes.doc
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MIAMI BEACH FILM & PRINT DMSION
PRODUCTION INCENTIVES PROGRAM
.
!. The Film & Print Division of Miami Beach otters the followfng Incentives to productions
" shooting I~ Miami Beach. To participate in this incentive program, you will need to
contact our office to apply. Please contact us at 305/673-7070 or emall us at
j, alexlsedwards@cI.mlami-beach.fI.us. Or visit our webslte at www.ci.mlaml-beach.fI.us
1 FILM. VIDEO & SnLL PHOTOGRAPHY INCENTlVE
" These Incentives are aval.able to Film, Television and Photography productions In Miami
Beach: ·
], .'. One beach access pass for vehicles (per production/per day) at ,",0 cost.
. All pollee administrative fees waived
I' BEACH AcC'lrCc
When a production requires more than one. beach access pass each day... the tosts
shall be reduced by 50% between June and October.
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NOTE: Such access for product/on vehldes requires al1 off-dut;yOll'lcer to be on site
With a prodUCtIon.
\.
i. SCOlmNG PERMIlS '"
f, Temporary scouting permits allow cars to park at legal metered parking at no cost and ..
within commercia' loading zones (within posted maximum times). Scouting permits are
IImlted In time 1~lcally not for more than one day), and are $25.00 per clay. Scouting
Permits shall be issued at the direction' of the Film & PrInt Office. .
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CONVEN11DN CENTER pARKING
I" When not In use for a Convention Center, The Gleason or other City event, the
Convention Center Parking Lot can be made available to productions, for base
camp, crew parking or filming location at no charge under the following conditions:
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. Permitted Production companies may utilize the lot (not to exceed 200
spaces) to use as a' base,camp for a 24-hour period. A production may obtain
free aew parking passes for the same lot as well. .
. Consideration for neighboring residents and businesses would be paramount
In permitting the use of this Lot. Guidelines established for Residen~al
Fllmln'g would be applied to Convention Center parking requests and will
address hours of operation and any aspects of the production that may have
an Impact on the surrounding residents. ,
. The Lot would only be available when there Is no conflict with other
Convention Center, Gleason or City activities.
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PRoDUC11DN COMPANY MOBILE UNIT (PCRVJ P~MIT
A PCRV pass allows production units (RVs) to park legally at meters, at commercial
", loading zones (within posted limits) and limited loading and unloading at.
businesSes and hotels. The permit would be made available for the following fees:
. '$50 for a one month city wide PCRV pass
.. $100 for a three month dty wide PCRV pass
46 F:\INFO\SALL~.cIoc
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INCENTIVES
AS ORI,GINALL Y
. AD.OPTED BY THE
COMMISSION
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City of Miami Beach
Production Incentives Program
page 1
fiLM & VIDeO flRODUCTlON'~ PItoGRAII
Designed to be applied to large televislon/fe8tUre turn projects MIaml Beach
hoSts each year, 'these productions can take over a IJIullth of ~atIon work
and typlcalyfi1m locally for extended time periods. These projeCls have the '
highest budgets and economic Impact, with average dally budgets that average
betW88I1 $150,000 and $500,000. per day. "
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For. FIlm fD Quality:
1) It must meet or exceed two out of:theae three categories:
. Size of (IocaI)cnw: 75 or more
. Dayeln Production In MIami Beach: 5 or more
. Total Budget $1.000~OOO or more
2) It must meet or exceed 8 minimum of 100 room nighS total during the
length of.... pnx:IucIIon in Miami ~
QuaIlIItid FIlm would IWCfIIw:
. Waiver of vehicle beach access faes (per production), UmIled
to 12 veh1cles per day. '
. Elimination of Polce administrative fees ($20 per ofticer) ,
. Use of 1he Convention Center Parking Lot (P Lot) for nv-oat
crew parking (only f available for use - not to beln conflict
with any City/ConVentlon Center event)
ponventl911 Center I!Id5IDR . ,
When not In un far . convention or 0Iher CIly event, the
Convention Center Parking Lot. can be made avalabte under 1M
following condltlons: '
. For a fee of $250. produclion companIeS wiD r8ce1ve 114 of
the Lot (not to exceed 200 spaces) to use .. a base camp
for a 24-hour period. A production may alsO purchase a
permit for crew parking for the same area and price.
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48
City of Miami Seach Production Ineentiv.. Program.
Page 2
.
'. Consideration far neighboring resldentl Ind buH1eaea
would be paramount In permitting the use d 1hIs Lot.
GuideHnes established far Resfdenlial. FBmIng would be
app6ed to Convention Center ~ requests and wiI
eddress hour. of operation or other .pectaol the
production that--mily-,have-.lmpact., on the 8urro&11d1ng
residents. These guidelines nIqUire a ,.lcentag. t:l
affirmative "8Ign-otra- i'om affected neIghbcn. for .parldng
requests which exceed -normar hours of upet1dk,n and
speclficaly addreu resldentf81 COncemll In respect to
productions.
· The Lot would only be BVBiIabIe when It is not In confIct with
other ConventionlCtty acllvllies.
Tha film & Print Division and tile ParkIng Depa.b....nt would
administer this aspect oftfte Program joJntly.
,PRODUCTION COMPANY MOBIU! UMTIBmnP~
,Parking of production mob8e Imit8 II .' tap Issue for our
fashlonIprint compsn1e8. These large vehicles, which .81'8
.' converted mobile recreation veh~ house wan:I~ hair,
makeup, portable studios, dressing rooms, lounges and operate _
officeL In response to the concerns'expressed by thla Industry, it Ia
proposed that a PCRV decaUp", be developed. that WOuld slow
these production units to paik (legally) without having to worry
about feeding. meters. ThIs Program will not be In effect In
Residential Parking Zones. The permit would be made available for
the following fees:
. 175 per month - one mo.dh . a,tlme - CIty-wIde
. $175 for three months - aU three months bought at once - CIty-
wide
. $25 dlsCotmted Incentive. rate for one month - North Beach
(north 0163111 atreet). '
. Decallpass wiD be eligible within legal parking spaces only
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,City of Miami Beach Production Incentlva Program ..
Page 3
. Could, be run utilizing a' hangtag system - issued to a specific
vehicle, non-tranBferable.
The FIlm & Print Division and the Partdng Department would
administer this aspect of the Program jointly. ~
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To encourage production during Miami Beach.. off-season. It Is
proposed to offer Beach Acceas Permits at a reduced rate. ThIs
program would not be promoted to increase the amount of vehicles
on the beach, but rather we hope that 1his incentive will be used to
help attract productions during slaw8r production months.
'. During the months ~ June through September, we would
nKluce vehicle beach access by 50% to $75.00 (per
vehlclelper day) .' '
. n.1I Vehicle Beach Acces8 ProQhdII .. currently
administered In accordance with the Clty's beach usage'
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ThIs would be coordinated bet\'Men the Am & Print Division and
the PolIce Department, w1th.the F.1lm & Print Division -um!ng. all
adminlBtrative duties.
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Id~ _ a priority Issue by production ~onals. 'scouting
permits wII assist production scouts with .... of access. ScoutIng
18 when a producer or director travels to eeY8I'III "potentiar fImIng
sites to, assess their sultabUlty to a particular project.
., Temporary scouting pennits avaIable an a per project bast8
at the 'dJrec.tion ,of the. FBm & Print Division. The permit ,wID
allow C8I'8 to park at legal metered parking' at no cost and
within an residential zones. It would also allow . max of 20
minutes in (marked) loading zones. .
. ~ scouting pennlts would be limited tn time (typically not
for more than one day)~
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. CItY of Miami Seach production -Incentives Progrmn ,
PaP 4
. A $60 per day charge wlllIppIy.
. This Program would utilize a hang tag syst8m simll8r to the
hang tag system currently used by the Perking Department
for Residential . Guest Parking In. which pasSel are
numerically ~ and .. limited In time by usage of a
-6Clatch off' date. ·
.
The Film & Print DivISion and the P8rtdng Department would
administer this aspect 01 the Program jointly
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Mavor's Blue Ribbon Tourism Culture/Soecial Events Committee Reoort, 3.1.02
Roger Abramson & Cathy Leff, Co-Chairs. David Whitman, City liaison.
M!88lon Statement
BOost year-round tourism by establishing and promoting the City of Miami Beach
globally as the first Modem Arnerica~ Living Museum: a destination of dnlque
architecture, ecology, heritage, visual and performing arts, nightlife, special
events, cuisine, and other cUltural assets.
Secure higher levels of funding for special events and cultural activities in Miami
Beach to attract more visitors and derive greater economic and quality-of-life
benefits for residents.
,Issues Addressed
Arts. culture, and special events are an integral part of a vibrant tourist industry
and significantly impact the local economy and enhance the tourists'experience.
Miami Beach has strong cultural assets, which Include museums, visual and
, performing arts organizations. festivals and special events, and its Art Deco and
1950s Miami Modem (MIMO) architecture.
More needs to be done to create, enhance, and promote an Identity that reflects
Miami Beach's unique characteristics: its natural and constructed environments
an<' Its cultural richness and diversity. Establishing and marketing the City of
Miami Beach as a modem Americanllving museum could augment tourism
significantly and anchor the cultural identity of our community.
Resources need to be identified to stabilize, sustain, and grow Miami Beach's
culturallnstltutions Impacted by 9/11 , and additional resources need to be
identified to ,develop and promote a strong year-round program of exhibitions,
performances, festivals. and special events.
'In three meetings; the committee addressed short-term Issues such as
Increasing visibility of arts and culture, special events, the summer festival
season, the City's ArtsBeach 2ndThursdays series, the relationship between
artslculbJre and the hoteVrestaurantltourlst industries. marketing/public relations
opportunities, securing the domain m/amibeach.com, funding, parking issues,
and outreach.
The committee recognizes that tremendous work needs to be done on an
ongoing basis to strengthen existing relationships and to buHd new Ones.
Awareness about existing arts and culbJre offerings/opportunities needs to be
enhanced at many levels, starting with Miami Beach residents, the local
53
hoteVrestaurantltouristindustries, the Greater Miami and South Florida
communities, and tourists already here. Visibility of arts, culture, and special
events needs to be improved and enhanced In all collateral materials produced
by all public entities.
Outdoor directional slgnagelwayftnding must clearly identify all major cultural
venues and institutions. Slgnage about events and cultural institutions needs to
be developed and placed in hotels and condos. Special discounted resident and
tourist culture passes need to be developed; Increased visibility of special events,
arts, and culture at the airport, seaport, and convention center is important;
increasing PSAs on cable TV; taxi and Electrowave drivers must be made aware
of cultural assets; there needs to be affordable parking for events.
, More resources need to be earmarked toward marketing Miami Beach as a
cultural destination, nationally and intemationally, through the summer festival
season, blllboardslsignage in the region, media familiarization (tam) trips, and
advertising. There are many cross-promotional opportunities to be explored but
new resources must be identified to strengthen existing organizations and to
develop a strong year-round program of cultural activities and special events that
would attract more tourists.
Goal I
Increase year-round cultural and special events programming.
Short-term actions
1. Support the summer festival season and its marketing campaign. Ensure It
also promotes ongoing cultural activities and organizations. Bring in tam trips and
ensure that pUblic marketing funds also promote local institutions.
2. Significantly increase annual funding for the City's Cultural Arts Council (CAC)
and Visitor and Convention Authority (VCA) for their grant and marketing
programs--especially for the summer festival season-that boost tourism and
generate economic benefits for the private and public sectors. [Note: for FY 02,
VCA funding for festival season events is $65,000; CACNCA funded $110,000 in
cultural tourism grants. Both programs need additional funding.]
3. Incentivise summer season use of City facilities, especially the GleasOn
Theatre and rehearsal hall, Convention Center, and Colony Theatre.
, '
4. Streamline City's bureaucratic procedures for special events (permits, signs,
etc.) so that producers are encouraged to stage events in Miami Beach.
fundlna: City, private sector sponsorships, GMCVB.
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Imolementatlon: City, private producers; CAC; VCA; cultural organizations;
GMCVB.
Lona-term actions
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i 1. Increase funding to attract major special events (e.g., national toumament at
City's new Bayshore Golf Course, Latin Music Festival on the beach) and enable
museums to organize and/or present major exhibitions that will attract summer
visitors.
). . , fundlna: City, private sector, GMCVB.
.Imolementation: CultUral institutions, producers Or special events.
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2. Identify new funding sources for arts, culture, and special events. Initiate a
program to solicit proposals from producers of major special events. Offer
!. Incentives to producers for hlgh-quality events with significant tourism appeal.
;
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lmolementation: City, private sector, GMCVB.
.,
3. Solicit and support a summer season residency In Miami Beach for a major
cultural group that would generate Increased tourism, similar to the New York
City Ballet's residency in Saratoga or the Boston Pops Orchestra at Tanglewood.
Imolementation: City, private sector, VCA, CAC, GMCVB.
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Imolementation: City, County, Convention Center, participating cultural
institutions.
Lona-term actions
Develop a comprehensive plan for cultural and hlstorlcalslgnage.
1. Light cultural beacons of the City (e.g., Jewish Museum, WoIfsonlan, Bass
Museum, Miami City Ballet, ArtCenterlSouth Florida, Colony Theatre, Gleason
Theatre, Lincoln Theatre, Bryon Carlyle Arts Center; Miami Beach Botanical
Garden); designate with appropriate signage important buildings and heritage
sites. .
Fundina: City.
Imolementatlon: City, cuttural organizations.
Goal III
Increase and promote cross-marketing opportunities.
Short-term actions
Work with hotels and condo associations to identify signage and other cross-
marketing opportunities for cuttural institutions and programs. '
Fundlna: Cultural organizations.
Imolementatlon: Cultural organizations, Chamber of Commerce, CAC, Hotel
Association, Concierge Association.
Develop cross-marketing among community associations (neighborhoods, hotels
and restaurants, concierges, development, etc.) and ArtsBeach 2nd Thursdays.
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Fundina: none.
Imolementatlon: Chamber of Commerce, CAC, community associations.
Develop and broadly disseminate through Chamber of Commerce and hotel
concierges a discounted museum pass for tourlsts.
Fundlna: none.
JmDlementation: Chamber of Commerce, hotels, cultural organizations.
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1. Improve public transportation; Increase parking; develop educational
campaign about walking.
Fundlna: Local, state, federal government.
,lmDlementatlon: Local and County government.
~
Increase profJle of Miami Beach as a cultural destination and enhance brand
. identity: First Modem American Living Museum.
~hort-tenn actions:
1. Promote Miami Beach cultural venues at all City-sponsored festivals and
special events; work with GMCVB on special Miami Beach cultural fam tripS and
a marketing campaign; work with City's cable provider to increase promotion of
the arts. Create a City-sponsored cable TV culture/special events program for
visitors and residents.
2. Reduce or underwrite advertising space in hotel room publications and/or hotel,
cable channel.
3. ExPand City's ArtsBeach 2nd Thursdays marketing to Include Infonnation on
cultural sites that are open every day.
4. SbJdy of the City's lighting and landscape plan to Increase visibility of cultural
attractions
5. Include Miami Beach's cultural and historical sites In all" of Miami Beach's
publications.
f.l.Ingjng: City, GMCVB.
ImDlementatfon: City, CAC, VCA, cultural organ~tions.
Lona-tenn actions
1. Create a consistent cultural Identity within the fabric of the streetscape (e.g.,
lighting pole banners, distinctive lighting); develop cultural gateway billboards on
195 and 395 (from airport and seaport); develop a walking map/acoustigulde with
cultural, archltectura,l, and social history.
FUnding: City, GMCVB.
Imglementatlon: City, MDPL, WoIfsonlan, cultural community, GMCVB.
57
Goal IV
Develop outreach programs to enhance awareness of cultural offerings.
Short-tenn actions
Ensure all City-sponsored festival~ and special events provide an opportunity for
display and promotion of Miami Beach's arts and cultural programs at festivals
and special events. .
fundina: none.
Imolementatlon:City, promoters, CAC, cultural Qrganizatlons.
Develop ongoing programs to familiarize taxi and Electrowave drivers with
cultural organizations.
Fundlna: none.
Imolementation: Chamber of Commerce, City, CAC, VCA, cultural organizations.
Develop and promote a special Miami Beach resident admission incentive
program and disseminate information through city utility bills.
Fundina: none.
Implementation: City, cultural organizations.
Goal V
Address parking IsSues.
~hort-term actions
Develop a special four-hour cultural parking rate program for all public garages;
clearly mark parking lots and garages for cultural and historic areas and special
, events. Offer free citywide parking on the second Thursday evening of every
month to boost regional attendance at the City's free monthly arts night and help
businesses.
Fundina: City.
Imolementatlon: Parking Department.
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Lona-term actions
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2. Identify and attract cultural-based conventions.
Funstlna: GMCVB.
Implementation: GMCVB. '
3. Develop an effective and Integrated marketing plan that brands Miami Beach
as cultural destina~on In national and international markets.
, EY.wIiIJg: City, GMCVB.
.lmDlementatlon: All stakeholders
Goal VII
Identify additional resources to strengthen and sustain year-round cultural and
special events programming in Miami Beach.
1. Identify a permanent public funding source for the arts and special events to
fuel the significant economic-multiplier effect of the industry on the private and
pUblic sectors of Miami Beach.
fwHUDg: City, GMCVB.
Implementation: City.
2. Build ArtsBeach 2ndThursdays Into a monthly series with greater tourism
appeal by packaging with airfines, hotels, restaurants, clubs, and other local
businesses. The City's monthly arts night includes over seventy arts
organizations that regularly present free. performances, exhibits, and events
throughout the City that attract thousands of attendees, mostly residents and
visitors already here. With Increased funding, outreach, and partnerships,
2"'7hursdays has great potential to attract more tourists to Miami Beach, many of
whom might be encouraged to stay through the weekend with a Thursday night
Incentive. A coordinated plan involving City leadership and resources,
businesses, community associations, and arts groups could easily transform this
existing series into a tourist magnet, with significant economic benefits.
Thursdays, and particularfy the second Thursday evening of every month, In
Miami Beach could be the focus of a campaign to attract visitors: discounts at
hotels, restaurants, and clubs; free parking citywide, free shuttles, special events
programming; etc.
Fundlno: City, CAC, private sector, County, VCA, GMCVB.
ImDlementatlon: City, CAC, Chamber of Commerce, private sector, associations.
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Sores &:; Marketing Committee
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Contents
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Executive Summary
8sIe Sterling Howard '
Miami Beach VISitor & Convention Authority
Roman Jones
Opium Gardens
Airport
Jessica Goldman
Goldman Properties
Branding & Visibility
Roman Jones
OpIum Gardens
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Film & Fashion
Bruce Orosz
Big nme PrOductions
Tammy Green
Green Modelng Agency
Small/Boutique Hotels
, LInda Polansky
The Clay Hotel
Dona lema
. MIami Beach Chamber of Commerce Welcome Center
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Members of the task force
An members were hand picked for their particular expertise in the various d1sciplnes needed for problem solving and
goal achievement.
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MembfH'5 incl.JdA-
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Marla Sastre, Chair - DIrector of Customer ServIce, Royal Ca1bbean CrUse Unes
Alan Chastanet - Dtector of Marketing, I-Jr Jamaica
AnaPoImer - Director of Market Development, American Express
Andrew Hertz - Director of Retail, Miami Seaquarium .
Bill Johnson - AssIstOl:lt County Manager. Dade County
Bruce Turkel- PrincIple, Turlcel-Schwartz
David Wilson - Bocrd, VIsItor Industry Council
Donahue Peebles - PresIdent, Peebles Atlantic Development Corp.
Ed Ponder - President of the Concierge Association
GaRy Duel Jr. - Publsher, Miami Herald custom Publishing
Helen Aguirre Ferre - Opinion Page Editor. Dalo Jas Americas
Jessica Goldman - ChIef Operating Officerl Hospitality, Goldman Properties
MIchael Spring - Director of County Cultural Affoirs Council
Miguel SouthweU - Assistant Aviation Director for Business Development. MIA
Narincler Jolly - AssIstant Aviation Director for Facil1les Development. MIA
Nina Cohen - Marketing Consultant
Steve Nostrand - DIrector Mortgage & Investment Banlclng, Codna Realty
stu Blumberg - President. Greater Miami and the Beaches Hotel Association
Tony Goldman - Chairman, GMCVB - CEO, Goldman Properties
IrvJng Fourcand - Manager of Customer Service, MIA
Yolanda Sanchez - Manager of Airport Art Programs. MIA.
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Resources:
DavId Whltaker- GMCVB
Karen Jackson - GMCVB
Marlo Artecona - MIcmI Business Forum
Michael ADer - Tourism and Convention Director. Cty of Miami Beach
Randy Friedman - Logistics Management
WllBam Talbert - GMCVB
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Brief overview of what has been accomDUshed thus far:
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Marla Sastre, Director of Customer Service for Royal Caribbean CruIse Ine and the 2"'1 v1ce-chcir of theGMCVB has
been appointed Chairperson of the AIrport Partnership Taskforce. We are In the process of creating subcommittees,
to be civlded In the following manner: MarketlnQ (to Include: branding. PR & cl1fferentiatlon). Customer ServIce
(vendor training. US Customs & Immigration customer service training. volunteer corps). and PhYsIcal facilities of the
Almort (to Include: way finding, logistics. retail, branding the environment, operators perspective & alrOne
representation). In some cases, we wiil participate in existing MIA management committees.
PrIor to next meeting a matrix of subcommittees wl1l be proposed and people assigned to committees. assignments
wi be estabHshed for sub-commlttee's, and dates wll be estabnshed for aR subcommittee meetings. A complete tour
of the fad_ties Is scheduled for March 71h. 2002 and a fun examination of works In progress.
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ProJected rneetJna schedule
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March 7th. 2002 8:00-1 0:00am
AprIl 1 a->, 2002 8:OO-10:00am'
May 16th, 2002 8:OO-10:000m
July 25", 2002 8:OQ..1Q:OOan
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Goal: The mission of this Task Force is to establish a three-year rolling plan with specific action
steps and measurable performance to achieve excellence in customer safety and
customer service in and around the public areas, inside and .out, of the Miami
International Airport. Key to success will be to sustain consistent culture and atmosphere
that projects a commitment to safety, efficiency and professionalism, confidence, clarity
and creativity, design, displqy and slgnage initiatives, hospitality of customer service and
lastly a "destination definition" that reflects the true flavor of the region in the airport.
We have the unique opportunity to positively impact every customer experience coming
in and going out of the destination. We must also work towards the opportunity to effect
the 15 million passengers that only transit through MIA on their way to somewhere else. If
we can influence only 7% of these passengers to stay in Greater Miami, we can bring 1
million new customers to our community. This means greater income generation for the
public and private sectors and expanded jobs for the work force of Greater Miami. .
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Introduction
It was the charge of Mayor Denner's Blue Ribbon Task Force on Tourism to access the current tourism
situation, develop Innovative ideas within the tourism and hospitality industry, and develop short-
term solutions to address a long-term vision to sustain the industry. As it app6es to the current Airport
Initiative. in on unprecedented show of unity, it is with great enthusiasm that I report on the creation of a
newly developed joint initiative between the Greater Miami Convention and Visitors Bureau (GMCVB)
and Miami Intematlonal Airport. The inception of this task force was brought to rea6ty as a result of a
great need and deSire in differentiating and defining the MiamilntemationolAirporf with a focus on
customer service. It is the mutual desire of the task force to elev(]te the passenger/customer experience
at the airport with the goal of being a world-class airport facility. It is the belief of both Tony Goldman.
Chairman of the GMCVB. and Angela Gittens. Aviation Director of MIA. that "if we can connect the
airport with the destination both physically and emotionally to reflect the uniqueness of the destination.
tastefully with atmosphere, effiCiency and great customer service, we can truly insure every vISitor.
whether entering. transiting or eXiting the Airport, a smooth. safe and memorable experience" as stated
In a joint letter to the members of the task force.
The purpose of this report Is to inform Mayor David Dermer and the Miami Beach City Commission on the
status of the ongoing communication and monumental efforts undertaken by the leadership of the
GMCVB on behalf of the industry and destination. Miami International Airport and members of this task
force.
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. Commit to better understanding, ~ collaboration, shaed information and expanded communication among
. existing pamers. Incluclng the GMvCBand its existing committees and task forces and working committees.
, administration and government In CMB .
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Sub - Committee Reports
Committee reports, Including specific action pIloIftIes follow. have b8en written under the direction of the chah
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1. Ak'port Update: without specific 'actions. since 0 county-wide task force has been recently
!. empowered. chair Jessica Goldman
2. Branding and v1slbfrty. choir Roman Jones
3. Rim & fashion. co - choirs Bruce Orosz and Tammy Green
4. Sma. Hotels (formerly Boutique hotels)' co - chairs Undo Polansky and Dona Zemo
Appenc:llx
Minutes of meetings
f. Additional resources. Including public relations Information. (Thanks to Usa Cole)
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EOch one of us on the Soles & Marketing Committee is ready. wIInng and able to continue these efforts In
the nome of tourism. for the City of Miami Beach. a city and our home, of which we ae all extremely
, proud; Thank you for the opportunRy to serve.
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8sIe Sterling Howard
Co-chalr .
Roman Jones
Co-chalr
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'. A grants writer must be employed {on outsourcing opportunity} to ensure that foundation arid state for federaO
grants are gamered.
. Private sector fundralslng must be evaluated. and. if appropriate. professionals employed
Summarv
The e""r. Sale. & Marketing commHtee supports the foIowIng short term, Immediate actions:
. The Instlfutlonallzatior:'l of the Mayor's Task Force as a} .0 pubDc-prlvate tOlXism oversight committee. and b}
retention of the entire task force as partidpants In a semi-amual tourism worlcshop
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. The Task Force must have oversight of tourism Issues ,and report to a senior level executive within CMB.
speciflcaDy: '
. The development of a new. edgy. focused, Miami Beach pubic relations and advettlslng effort which should
Include paparazzi PR and a creative promotions effort. supporting the speclftc. priorities outlined in incIvIdual
reports and with specific attention paid to the special needs of sma. hotels. restaurants and clubs. whose
combined uniqueness does much to influence the Miami Beach experience. and with attentiOn to niche
marketing. espedally gay and lesbian travelers. who have proven to be a core base of tourists for Miami Beach.
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. Diversity within the tourist sector must be valued and ensured.
. Ensuring that marketing and publicity campaigns are season-speciflc. with special attention paid to the months
of AprIl through November. currently a time of lower touism: that such campaigns are exciting and timely: and
are introduced early enough In year to Impact sales and drive tourism. The goal wiU be for event plans to be
scheduled for annual events. at least one year /n advance.. annualizing the most Important events.
. Resort toxes must be better utilized for tourism-lmpacting efforts; city services and professionals must also be
eaDed on to act for tourism. We must support toulism without dlminishlng currently funded entities. BOITowing
from Peter to pay Paul W11 not serve tourism interests. Thus. additional resources must be committed by the CMB
Immediately and must include continuing the intelectual energy and creative capitol called on through this Task
Force. In adc:litlon, many of the suggestions mode require no additional financial support. but a tighter
collaboration and a stronger vision. unimpeded by personal ego and negativism. Efforts can and should be
made to work smart. to utilize existing agencies and prOfessionalism county wide. as noted In the individual
committee reports.
. Esfablsh and reward closer collaboration among professionals. tourism agencies. IncIud'Jng the qMVCB.
Chambers of Commerce. VCA and CAC and cI1y administration. and encourage enhanced eammunlcation ~
and positive relationships to ensure continued c:liverslty In our tourist base.
. Research additional sources of funding Including state lottery funds for advert/sing: accessing In-lcind support;
outsource fundraislng with a grants writer. private sector fundraising. and Identify and finalize corporate
partnerships. "
. Better define and taget tourists. both leisure and business visitor InckJding. but not Imlted to. Gay and lesbian.
African American, family groups. domestic and international to ensure dlverslty and respond to needs and
interests of a diverse tourist population.
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Longer Titnn Actions necessary for the tourism Industry to succeed require that:
. City services. especlaly pubRc works. must be excelent
. A menu of economic Incentives must be developed (noted In ,hereporfs Included)
. Better define target markets; subsequent ma1ceting. public rekrtions and stKJtegIc plans must be refined to
positively Impact those markets
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watchdogs or as catalysts for tourism affairs. We have now agreed that Tourism Is the critical and main
Industry In Miami Beach.
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ThIs Task Force has indicated the need for ongoing oversight. Benjamin Franklin noted succinctly that: we
all hang together or we all hang separately. His words stili stand.
Suggestions have also been made to bring the entire Blue Ribbon Task Force together on a seml-annual
basis at a Tourism workshop; Sale & Marketing supports that idea.
. In addition. this committee urges the Blue Ribbon Task Force and. subsequently. the Mayor and Commission. to
IuIy collaborate with. depend on and communicate wIh existing partners. Including the Greater M1cml VIsItors
and Convention Bureau IGMCVB) 2 and other tourism entities. Including. but not UmUed to The Miami Beach
. VCA. The Miami Beach Chamber of Commerce (as weR as other local and county-wlde Chambers of
Commerce). CAC. county cultural affairs' office. SMG. ftIm and fashion DoIsons. and other diverse tourism related
resources - both pubRc and private - identified by this and other sub-committees reports.
We must ensure that the City of Miami Beach and Its unique tourism Industry regCin pre-eminence ancI retain it.
This Is not an adversarial relationship. but rather. coUaboralion. with common goal for aU: the inaease of tourism.
DIversity of tourists continues to be both a realUy and a renewed commitment. Ail programs. themes. events.
campaignS and committees must reflect and celebrate that diversity
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. A MIamI leach brand needs fuJther expansion and a new vision must be articulated. Creative and eye-
catching. mind-blowing advei1lsing and marketing campaigns and promotional efforts are altlcal to visibility.
Hotels. restaurants. clubs andretaD businesses depend on tourism - from diverse sources. Still. campaigns come
and go. Messages change; in fact. severo! messages may need to be developed to address the diverse tourist
and commercial visitor base that drives Miami Beach tourism; those messages must change from season to
season. from year to year; continued attention must be paid to the varied messages necessary to ensure diversity
and comp/exfly of a many-sided tourist mix. .
. . D8IIne the MIami leach vlslor. clarifying the clfference between conventlonlbusiness visitors oncI vacation-
bound tourists wlll be a1ticol os a new vision and marketing/advertising s1rotegy is developed in Miami Beach.
ThIs city Is known worldwide for Its complexity. diversity edge. energy and entrepren8'-'iol; the sophls1icated
urban visitor Is os important as the tourist who wonts to feellke an urban sophisticate. Target markets Include,
but are not limited to: gay & lesbian visitors. African-American toudsts. family groups. LaIIn American and
European tourists. mid-westerns. north eastern. Florida and Dade County vlsftors. NIche markets are ~ as
"maIJceII- but we always remember that our guests are 1ndIv1clva1s. wBh unique ond penonal tastes. d...... and Interests.
. Long range ~Ic concerns and Issues must be IcIenllfled. through ongoing morlcet research. incluclng such
diverse Issues os the national and international economic climate. air travel changes (cost of tickets. security,
sIowdawns). changes in InventOf)' (new hotels and restaurants coming orHine). competitive destinations (Cuba.
. Cancun and the Bahomas). cflSOSters (Including hurricanes) and the delvery and quality of city services. Mortcet
research must be utllzed
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FundCmentais Include community cooperation. a publlc-prlvate partnership. collection of and attention to
customer data. benchmarldng competitlon. and best practices. and over regulation must be controled.
. AddIItonal financial resources. includIng possible state and/or lottery funds, sponsorships and cross-rnarkeIIng
opporIunIIIes must be identified and Implemented. Significant events need significant (corporate) sponsorship;
packages should and must be developed by CMB to help recruit mego-events and satisfy needs for gowing
(future) blockbuster events. Corporate partnerships must be encouraged and sustained by al partners.
including cly adml~lton and leadership and aU other paltnen. working cooperatlvely_
.. A nt!1W spirit of cooperation and communication must be In place - cmong agencies and Individuals. city and
countywide.
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alleqUeSfs 1hIough their professional resources.lncluclng adverllslng. aIsls public relatIonS etc.
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Executive Summary
It is important to acknowledge that since September 11th. tourism worldwide continues to be "soft". that
competing destinations (worldwide) have re-doubled attempts to gain or regain their share of a newly
limited. reduced market. and that Miami Beach lacks a strategic plan for Tourism. '
The tourist industry of Miami Beach has the most to gain from recommendations made by this Invigorated
community-wide effort. and alternatively. the most to lose. should we not Implement positive initiatives.
We must be vigilant in ensuring future oversight in this new tourism' frontier. and we must leave egos
behind in a concerted effort to ensure Miami Beach's new vision as the incomparable resort,destinatlon
of choice.' .
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The Sales & Marketing Committee has outlined Issues. resources. budgets and. most important. priorities
and action Items. which we beHeve. should be initiated and Implemented In short order. Minutes of all
meetings are included in the appendbt. The collateral materials attached also include significant
resource Information.
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The following report cannot and should not be a final document. It Is a blueprint for the Mure of tourism
and the city resources and services that support the tourism Industry. This report, if it Is remains a report
and does not become a battle-plan. will be an end game that will result in a laclduster future. at best.
This Task Force has been launched In the best American spirit of collaboration. cooperation. shared
optimism. Its members charged with developing Innovative and creative responses to the new reality. a
future. With the de6very of this report the worle has Just begun. .
OUr committee is very aware of the diVersity of oUr community as well as our customer. MatChing these
dynamic opportunities gives us the abiJlty to reach out to those niche markets while at the some time
pointing out the significant accomplishments achieved by our community. We are proud of what has
been accomplished including the opening of the first African-American owned Convention/Resort Hotel;
provlcllng hospitaRty career opportunities through education for Hispanics as well as African-Americans.
and securing conventions such as the 2003 NAACP meeting. events like the Fashion Week of the
Americas. the largest latin American and Caribbean fashion event; Soul Beach and Latin Music Festivals.
etc. Our resort tax resources need to be used to nurture and grow these diverse markets os we continue
to ensure our reputation as the community who cares.
Leacfrng the list. and critical fo ciUfOture successes Is the establshment of a stanclng commltt.. on
tourism. The City must Immediately institutionalize this task force with the estabflShment of a permanent
"Tourism" standing committee that will ensure ongoing strategic study and analysis. oversight of tourism-
directed efforts (Including those initiated by this Blue Ribbon Tasle Force). collaboration with city
departments which directly Impact tourism. budget and revenue oversight. etc. Without such a city-
empowered committee. reporting to the Mayor and Commission and charged with local Industry
oversight. we believe that preative and strategic efforts wID be stalled.!
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Currently. in Miami Beach. both the Miami Beach VIsitor and Convention Authority (VCA) and Cultural
Arts Council (CAe) interact with tourism Issues; the VCA. by legislative mandate and with a Umltecl
budget. has limited responsibility. There are. no other standing city committees serving either as
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1 . 801h the VCA and CAC ntlate mutuaIy to tourism Issues. but In dfferent ways; both are strong SOUIalS forTourlsm and have
exIs1lng mechanl5ms forfundlng. 1he VCA funds events and pr.....o"'s designed to slImuIate tomsm. but It can only fund those
entities. which apply for grants. The VCA. by legislative mandate and with a ImIted budget. has llmIted opportunity and
responsIbIIIy. Prior to the referendum of 1999. the VCA had a dellned responsIblI1y for ovenlght of the GMVC8; thof no longer
exists. The CAC funds Jocal arts institutions. in addition to shal1ng a tnIled event fund pool with the VCA.
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Accesslna the current situation:
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If one were to assess the current sltuafion fciclng the airport and Greater Miami and the Beaches. you would have to
say that we are in a recovery mode. FoBowlng the massive impact and changes brought about as a result of
September llt1l. a new federal agency has been developed under the US Trcnsportation Department called the
Transportation SeaMffy Agency (TSA). The changes have been sweeping. The Industry as a whole is dIIgently working
to recover passenger volume. while adhering to new processes & mandates d1ctated by the federal govemment. As
of Feb 19t1l there has been a hondoff from the oIrIines to the federal govemment to talee over aD security screerVng
'contracts. As of November 2002. It wII be a requirement of the TSA thot federal employees operate & manage a.
security saeenlng components. 28.000 US Citizens- win have to be hired In 439 Airports around the US to ffil the security
positions. In December 2002. gJJ baggage win be required to go thru explosive det8ctlon machines. MIA wIB require
64 'of these machines to accommodate the necessary Impact. They currently have 9 machines. Being that the
Industry Is only set up to produce 200 machines per year. this ~I pose a signlllcant chaDenge.
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Having agreed with the intent and d1rection of the patnershlp. It was Ms. Gittens proposal that the first meetings of
the Joint task force be fact-lindng. It was important that we understand the current plans. programs. constraints. and
basic needs of the aIPort. and determine a joint vision of the Image we wish to project at the airport. prior to making
recommendations. Here are highlights of the extensive presentations In the areas of capitol . Improvements.
c1eanlness and maintenance. way f1nc:lng. retail concessions and customer service.
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. 15 Year CaDltallmDrovement Plan:
>' Broke ground on 4" runway (currently have 3) wII be ready ea1y 2003.
> Maximizing eJCpandIng roads in & out of ai'port (clty access).
)> ExpandIng & Developing to total 8 mllon square feet.
)> Terminal expansion wi add 15 new gates.
)> Improve existing facIItles.
)> Lookhg to create better VIsIbIlIty by btlnging In noturalllght and converting sold walls to glass.
)> Analyzing 0 huge opportunity to relocate and create retail beyond security on the concourses.
)> Improve passenger circulation by doubling space in front to ticketing counters.
> Malee sure aR space Is safe.
> Establsh design guidelines (for a synergistic IooIc to the terminals while stI allowing for concourse
InclviduaBty & personality).
> Widen the throats of all concourses to aUow for additional security checkpoints.
)> BuDd flexible faclltles.
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)> Replacing floor tie & cellng tile by June 2002.
)> Replacing existing Ughtlng fbctures.
)> Unifying the design of ticket counters (cor rental counters. Information centers. etc).
)> Using carpet tlIes for easier replacement.
)> Designed a standad for slgnage.
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. Cleannness & Maintenance:
> Cleanliness has the Iorgest Impact of 0 customer's perspective of an airport.
> Evaluating CUlTent needs.
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> Evaluating 8lCisfing wayfindng methodologies.
> Comparing and analyzing proposed wayfinding recommendations for current and future
expansions. ' .
> Looking to subdivide the terminal into ttvee sections (i.e. North terminal. Centralterminol. South ~
. terminal) to coorclnate with patcing terminal s1gnage.
> Garage signage wi. be simplfied.
> TV Monitors in garages to 65t air&ne names cnd gate tocations.
> Goal Is to minimize verbiage & use symbols. ColOIS and consistency of font to differentiate. We
must also consider slgnage In other languages,
. Retail Concession: (food, beverage and retal). Goals:
> To enhance the Image d the airport as a worlc:klass airport (London Heathrow Is a prime
example d worId-cIass concessions). '
> To maximize custDmer service.
> ProvIde cutting edge tadilty designs.
> OptImize airport revenues.
. > Balanoe bEtween national brands and local flavor.
> Require retailers to do a standard cuStomer service training.
> PossIble "Miami slgnabJre store" - selling Items branded spedflcally to promote the
destination.
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. Customer Service.. ThIs Is the greatest area of opporfu/'llty for the task force.
> 18,000 employees at MIA actually "touch" the custDmer. 14,000 are airline employees. MIA
does not have a customer service program-utlllzlng volunteers. This Is an outstanclng
opportunity to bulkl a program. We are jointly looking to launch a volunteer program on or
before Nov. 2002. Irving Forcand will be In charge of this program for MIA. As.an Integral part
of this CUstomer Servloe Initiative, we will develop a partnership apprentice program with the
c:onderge association, the Academy of tourism and various hospitality programs at universities
and high sc:hooIs.
> MIA will be conducting 2 customer surveys per year, putting out an RFP for companies who
. ' deYeIop, and run these surveys with the knowledge of what Is the best in the world (and
where we stand ampared to the best In the world)
> We must detel1Tllne who our aJStomer Is and what services they are looking for.
> We need to address the Issue d ..AttItude", Federal Inspectors (Immigration &. customs) are
the first people that 1h of our MIA passengers meet.....Immlgratlon has to be the first One of
hospitality'" (I.e. "Welcome Home").
> We must look to develop meaningful employee Incentive programs,
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In summary. what Is most exciting about this Initiative Is that there has been such an open commitment to
this partnership. one that has been fully defined by Angela Gittens and Tony Goldman on behalf of the
airport and the GMCVB. There is a real openness to rlSten and understand each other. to learn from each
other and to lay forth-concrete steps to Improve the facMtles. improve customer service and commit fo .
actualize the goals of the partnership.
The above Is just a beginning and meant to start us off with darffy and focus. We are privileged to be
worlclng together for the good of our destination. The success of this tasle force will be Invaluable to the .
destination. The pcjy off wiD be unbelievably positive word of mouth, translating into high marks for the
destination. happy customers. more new and repeat business for the community and prosperity and jobs
tor the destination. .
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The process wit determine what our specific needs wlll be and that Wll be reported in the future. In the
meantime. the full support and cooperation of the Mayor and Miami Beach City Commission Is essential.
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Branding a~ Vlslbll!b:
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Goal: To further enhance the visibiDty and reputation of Miami Beach as a premier tourist and
convention destination internationally. to improve visitors' exPerience. providing
friendliness. cleanliness and safety. to promote and maintain Miami Beach's reputation
. as a cutting edge. hot/cool trend setting destination, to ensure that Miami Beach
receives significant and well-deserved press coverage. to nurture and sustain the unique
and entrepreneurial businesses and cultural experience that make Miami Beach a
unique destination. to continue a commitment to attracting a tourist mix of tourists. to
engage in and sustain market research. ,and to ensure that South Beach is marketed as a
significant brand where appropriate
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Sh<?rt T arm Actions
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. Create a testimonial program wfth celebrHy spokespeopl!!
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Name: Miami Beach AmbaS$ador oroaram
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1. Create a unique message/ slogan; use a song as background p.e.: Will Smith's song and video;
Bette Midler: "Only in Miami") ,.
2., use both celebrity/visible residents and visitors to enSlR'e diversity
3. Develop an Incentive program (naming opportunllles. press; PR campaign) for celebrities
that Umlts costs
<t. Develop list of possible celebrity Ambassadors with intemallonal Visibility. representing the cflVersity
that Is Miami Beach
Rasie O'Donnell frY/ fomBy/gay & lesbian market)
Michael Tilson Thomas (Cultural)
Edwa'd ViIIeUa (Cultural)
Mayor Denner
Sofia Vergara
. NiIcJd Tay/or
Juno or Enrique Iglesias
RIcIcy Martin
jennifer Lopez
WI. Smith & Jada Pinkett Smith
Whitney Houston
- Sports,
Entertainment
MusIc/recording (all genres)
TV
. - AIm & Fashion
Montage clips from Classic footage - Sinatra, Sammy Davis Junior etc. with current stars (i.e.:
Hoover vacuum commercials)
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. Increase positive meclla coverage
1. Develop edgier advertising campaigns. promotions and feature stories ceJebratlng diveBity and energy
Worlc with existing agencies to develop annual (monthly) schedule that highHghts and impacts seasons.
Be pro-active. not reactive .
Develop new exciting messages. Use local industry leaders as focus groups to test messages (use existing
marketing committees and add new members to reflect Industl'y changes)
Focus on paparazzi PR: gossip colulTVl fodder. i.e.: ~elebri1y spotting. Feed Information to target media,
6st. including publications such as People. In Style. Entertalrvnent. Billboad. RoUIng Stone. New YOIfe Post.
etc. ldentjt'y potential PR representatives who are speclaIsts
2. Develop series of "stunts" and promotions. focused on creating vlslbilty In core makets
Create year-round calendar of such "stunts". I.e.: biIdnI day; Miami Beach. "time and
temperature" on a Ighted sign In Times Square; Increase presence in cities worldwide knoWn 'tor tourist
Interest (NYC. London. ChIcago. etc.)
3. Strengthen and Improve South Beach brand vIsibIUty through PR and advertising placement .
4. Increase vlsibilty on TV. especially cable. through advertising. talk shows. $YfIdlcated shows. featvre
placement; Investigate costs of infomercials
5. Develop restaurant and (nightclub) club messages for leisure travelers. niche 'marltets and for
business/conventions; ufDize and promote access (VIP) cards; benchmark. develop and advertise creative
promotions .
6. CoIaborate more efficiently with and promote more successfully. exiting cultural lnstllutions. Including
museu,;,s. events and celebrations.
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. Create a City concierge program
1. Develop a c1ty-staff position as head of a new concierge program to ensure heightened. time/y Information
flow. to ensure cross marketing. coordination. to assist all hotels (with dedicated concierge service and
those who utilize their front desk personnel)
2. Create official logo for all concierges and for aU locations. to ensure that travel agencies or others do not
misuse effort; use logo everywhere as necessary
3. Ensure that concierge /Informalion/Welcome locations are highly visible at airport; coordinate with GMCVB
Airport Task Force
4. Coordinate locations (kiosks. Chamber location and remote locations) and information -f\ow more closely
with MIami Beach Chamber. of Commerce Welcome Center
5. Ensure (Improved) training for taxi. van and bus drfvers and for rental car agencies. Ensure that pa1dng
Informolion (par1dng/smart card sales. etc.) are encouraged by rental car agencies
6. Provide information and training on regularly scheduled baSis; host special events In.Sooth Beach. Lincoln
Road. Mid and North Beach; use 6cense application forms to trigger call from city concierge servIce
7. Develop and marlcet access (VIP) cards for visitors (Including cultural. recreation. club passes). Benchmarlc
other destinations using cards. Hold focus grol:lps to ascertain viabllty ; advertise aoss marketing
. opportunities. Develop speclollnformationai phone numbers
8. Visit hotels to provide information on cultural institutions. shows. events. mc::wkets. attractions etc.
9. Develop and. employ simple surveys for feec;l:)aclc from customers (used by both concierges and visitors)
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. Expand Miami Beach's visibility through establishment of unique or renowned world..class
events reflecting.. dlvenlty of the destination : Immediate focus and dedication of
resources must be placed on the months of Aprl through November. 2002
1. Define unique events. benchmarlc competffion; provide publicity. financial and cross- maiketlng support to
ensure success; develop year-round series of events and promote/advertise. Market seasonal events (I.e.:
Winter: boat show; summer: bikini day ..,
For example: Winter Music Canference. Latin 1liIIboa'd. South Beach WIne & food festival. WhIte and WIntert
Parties. Soul Beach Music Festival. Christo. Retrospective of Mlc:ml Beach's Golden Era to the Present. etc. \
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2. ProvIde city Support for spedol events through iOcentives / reduction of costs ~ fees
3. Benchmark competition (cllles) for slgnilicont events; recruit and advertise (timely) similar events for Mure
4. Strengthen cIIy-wlde events calendar and Inter-agency collaboration; plug calendar holes with special
events or promotions designed to attract target maket
5. Focus on collaborating to buHd and marlcet a stronger seasonal campaign mon1h/y. with parilculaattention
to the months of April through November ("Something hot Is always happenilig in Miami Beach")
6. create and advertise events and promotions to local and Aorida markets. including speclol discount
admission prices for RorIda (MiamI/Miami Beach) residents
7. Focus on promoting existing culfural institutions. as appropriate
. Develop an Immediate promotlonal/lncentlve campaign for restaurants and nightclubs
1. Focus on MIami/MIami Beach and Florida residents p.e.: every Tuesday MIamI/Miami Beach residents get a
free cockIaD; Or .. on Thursdays. dessert is free - with a FIorIcIa drivers .censer
2. CoIaboratlng with existing agencies (SMG. GMCVB) develop an improved Incentive plan for meetings and
, conventions; create a three step program: 1) immediate 2) year long 3) long range
3. IdenIIfy opportunities for promotion. focused on diverse resources
4. ,Rei out promotion by May 1.2002 .
Lona Term. Actions
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I . Empower IHlre a Chief Marketing OffIcer for the CIty of Miami Beach
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1. Reporting at senior level in CMB
2. WIth responslblnty for oversight of aD marketing. public relations and advertising for CMB
3. WIth responslbllty for oversight and ma'lagement of annual and lon~ange plans; and oversight of
Collaboration with SMG. GMVCB. etc.
4. WIth reSponslblfly for staffing Mure Task Force.etc. and concierge programs
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Develop, test, and Implement strategic plans: marketing, advertisIng and actfon plans
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Immeclately define actual and target customer(s). with specilic interest In Identifying exls1Ing and
potential diversity within market mix; and define tourist mix by season. Be proactive. Review annually
and respond, to changes
,Develop appropriate and targeted, mCl'lceting and strategic plans to endure continued diversity.
collaborating with professlonal partners. by Industry (I.e. hotel. restaurant. nightclub. retail); and by
season - to positively Impact and clrivetourlsm In actual and target mCl'lcets
Develop sub-marketing plan for c:Iomes1lc (US) and locallMlaml and florida) travelers.
Develop on ImmecRate promotional plan for Aorida residents
In jXlrtnershlp with SMG and GMVCB. develOp aggressive recruiting plan for sman a'Id mlcl-slzed
meetings and conventions; develop Incentive packages and VIP access cards (with reduced rates).
Develop a new message for sman and mid-sized groups I.e.: "Come and work dlKlng your meeting.
bring a companion and stay for fun for the weekend"
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. Ensure that quality city services are delivered;
Matte quaBty delverya priority citywide. Accept no excuse. PublicIze success with improved PR and Image
buIlcIng
I. I'rIendIIneII: Interact with TGM program and reward success; Rely on improved clty-wicle compdgn for
residents and employees (benchmark Philac:IePhIa) ,
2. Safely: Support public safety efforts and colaborate more efficiently and effectively with public safety.
Ermxe safety for pedeslrlCl'lS and aU visitors. Develop new advertising message to combat European
reluctance to travel to MIami Beach because of saf.ety teas.
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3. Way-finding: Immediately develop Improved "lgnage system/Way fincfng3
4. CleanOn...: Ensure cleanlness In a" neighborhoods. with special focus on South Beach where there Is
significant tourisf density ,
5. Support sensitive and thoughtful code enforcement to ensure vlslbllty of CMB as romantic destination., not a
sterile one p.e.: not Boca Raton or Palm. Beach - a fun destination) ,
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. Identify c~mpetltlon: Identify opHmum diverse tourist mix :
1. Pro-actlvely develop long term strahtgIes
2. Whet are vacation alternatives and future threats for leisure travelers'
Caribbean
Bahamas
Cuba (an already popular destination expected to open sOon. posing a very significant 1tlreat)
'. Mexico
Intemational destinations
Cruises
Packaged. pre-pald tours
3: What I. conVention competlllon
Wo~ closely with SMG and GMCVB to better, position Miami Beach
Develop Improved incentive plan; coUaborate with businesses In Miami Beach for private-pubic
partnership
ldenllfy local competition
Diplomat Hotel (Hallandale)
· FtLauderdale
. Potential new MIami convention center
· Palm Beach (currently under construction)
identify national competition
. Las Vegas
. New York aty
· Atlanta
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. 'Develop expanded, effecflve collaboration among existing' agencies and CMB
professionals: schedule regular meeHngs: coordinate more fuRy and positively (not Omled
to the following list): With oversight by CMB Chief MarkeH"" OffIcer: Expect annual report
'from each participating entity, Including funding, budget, resources, and actions taken to
support tourist Initiatives
VCA
GMCVB Pncluding Airport. Ma~etIng. Cultural Tourism. Film. Fashion, &1tertalnment and Music
committees
SMG
Chamber of Commerce (Miami Beach. Latin, Gay & LesbIan etc.)
CIty of Miami Beach (CuJtcxal Arts Council. Economic Development, OffIce of Arts. Cultural &
Entertalrvnent, Protocol & Tourism)
Greater MIami Motel & Hotel Association
Nighfflfe Council
Sooth Beach Hotel & Restaurant Association
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Ocean DrIve Association
Norlh tleach Development Corporation
. funding sources
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ARocate significant odcItIonal funds. from ~ort toxes not cvrrently used for errect tourism projects.
en5\.WIng corifInulng diversity.
ImmeclateJy add financial resources beyond what is currently spent through GMCVB. CAC and VCA os
well os for other specific, direct tourlst impacting efforts. At this critical time. spedal efforts must be
made to fully utilize existing funds. funds spent on non-tourist related projects, funds that are defined in
the CM8 budget.
Support tourist related actMfles. TOI.II'IsiT1Is the premier business of MIami Beach, benefiting the city and
Its residents through on Improved tax bose, Improving the quo6ty of ofe for residents who also enjoy
benellt of resort services, including. but not Im/ted to an expanded number of special events. a
abundance of restaurants and clubs and a unique dversify of the population. .
RecnJIt corporate support for programs and special events, through underwrlflng and sponsorship. (CMB
can accept charitable donations, I.e.: adopt a highway program)
Encourage co-sponsorshlp of events and programs through Incentives provided to pubHc/private
patnersh/ps (naming opportunities, v1slbllty, awards)
Request donations to CMB foundation; provide and 1st potential naning opportunities
Request significant state lottery advertising and promotions. increase incentives and collaboration
Request In-kInd donations (Incentives provided by hotels and restaurants etc.3 )
Apply for grants (state and federal)
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MorIItor press coverage, develop 'monthly reporting system (clipping service}
Tracie cals to concierge service. Develop reporting and analysis system (staff)
SUrvey visitors /GMCVB) , '
Set deadlines for reports. uj:x:ltJtes, meetings and achievement of goals
EstabBsh goals for number of visits. conventions
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I 'IhII1s parlIcuIaIyfmportant fortlm and fashion. Rooms must be avollable to this Industry. year round. ot favoIed rates
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Film' & FashlQn Committee
Goal: To enhance the reputation of Miami Beach as a leading production center In the United
States. to lower barriers for ease of production, to further encourage and foster our
production-friendly environment, to nurture and sustain our diverse, Indigenous
creative and production communities. to maintain Miami Beach's position as a cutting
edge fashion center of the Americas, to Increase business from film & fashion producers
globally, to increase visibility of film, fashion and entertainment community
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. Increase positive media coverage
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Develop Improved Public Relations strategy; focus on enhanced global pubnc relations efforts;
Retdn lor Increase utllzatlon of existing) PR firm with focus on spedflc expertise In film and .fashlon Industry.
skilled In pramotlori. papaazzI PR ond In 5OBdtlng/recruiting/ selng Mlamf Beach os a production center.
Develop film & fashion stories for media '
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. Create a Production Industry Access Program (PIAP)
Create a new and special program designed to welcome and host productions In Mlan! Beach.
Coordinate welcome events fa productions and industry related conferences and trade shows.
Offer speda' discounts and preferred access to permitted productions; develop a menu oflncenfives and
discounts
Set crlterfa for. and create a registry of "production friendly" businesses
establish VIP expedited handDng at Mlcmllntemationd AIrport
FacIDtate Interface with business and resldentldl communities
Increase clem feedback through surveys and database
Expedite permitting and scouting process for PIP registered productions
Ust services available to production of oJ sizes, including small and rnld-sJzed efforts
Add additional administrative resources to achieve successful Implementation
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. Increase outreach to targeted markets
Expand Clfy's presence at leading industry trade shows
FaciltatelLead trade MIssIons with strategic partners to target markets, ensuring dversity
Schedule media FAM tours for Industry, tied to loed Industry events where possible
Request/require Miami Beach tags/recognition pn tttle and title shots, I.e.: Mlc:mi VIce, Boston Public)
Develop and utilize webslte, ernaD and brochures os resources
Expand City's advertising presence In targeted publications and media
CoHaborate with trade pubDcations for spedal focus Issues and distnbutlon
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progranu r
Woric with partners. Industry leaders and sales agents to determine universe of opportunities and benctvnark
competition ' '
Set goals for attracting prtority meetings, conventions. trade shows and industry events In 2003 and over the
next ten yeas.
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1. . Develop educational/outreach plan for commercial districts and residential
neighborhoods
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Explain production Issues ,and opportunities in regularly scheduled,meetings
Empower PIAP rep to facilitate and "run interference"
Develop educational publication tied to PIAP
ldenflfy neighborhoods and locations which are "production friendly". support use through PIAP;
ProvIde scouting services in conjunction with neighborhood reps
Enhance webslte with virtual louts and service Iinlcs; update frequently
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Develop Incentives to lower barriers to production and encourage slgnlftcant television
production
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Aggressively pursue current and Mure State legislation that creates and expands Production Industry
incentives.
Create,CI'l annual recurIng Production Fund pnciudlng Television Origination Fund}; develop grant and/or
fundng mechanisms and procedures, with oversight given to an existing CMB committee or deportment
Provlde.lncreased incentives to leverage priority productions through PIAP
Elcpand Mloml Beach Incentive program for film and print production and encourage county wide adoption,
including reductfon or elimination of fees and associated CIty service expenses '
UtIlIze Production Industry Access Program (PIAP) to develop and implement CIty-wide, hosted events and
Industry receptions. create ond manage Industry "welcome" program
Create productlon-frlendy "Welcome and How- To...... pamphlet; develop wide dIstrIbutlon Dst; scan
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Create emall data bases and increase communications with past and prospective clients
Exparid web site services to help productions with location scouting; develop on-line virtual tours of new,
under-utllzed locations for location scouts '
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· . Activate a regional production Industry councD; schedule regular meetings
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Create or partner with reglonai production councD In conjunction with the Miami Beach Production Industry
CouncD (PIC);
Analyze CI'ld respond to positive and negative Issues county wide
FOcItaIeinter-1ocaI cooperation for simplified production
, Ensue that aI collaborating Agendes meet on a regular basis
MfqmI Beach VIsItor and Convention Authority (VCA)
Gntater M1cml Convention and VISitors Bureau IGMCVBJ
state Film OffIce
COU'lty Fim OffIce
PJocluctIon Industry Council/PIC) - Miami Beach
AssocIation of Independent Commercial Producers (AfCP)
Screen Aetas Guild ISAG)
Advertising federation of America IADFEDJ
Independent FIlm Project (IFP)
. Analyze market condlDons and formulate responses
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- SoIcIt Increased feedback from core customers on an ongoing basis; Increase emall communication to
supplement period/c mallngs to post and potential clients
h', Recognize Macro Issues i.e. exchange rate. Industry trends, competition
Shape targeted resp~s to ever evolving Industry and market conc:Jjfions
Improve and position cJeanlness and frlendlness In Mianl Beach
Comparative analysis of production. .equipment and labor costs
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. Identify Competition
Over the past 15 years, Miami Beach has emerged as a premier de~n for film and fashion. The buzZ
that was generated played a big pqrt in capturing the fmaglnatlon of the tourist market. Taday, competition
for this industry has increased by efforts from the folowlng communities:
. 101 Angeles
. NYC
. Southern Spain
. Canada
. SouIIt AfrIca
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Research Incentives and marlcetlng effor1:s produced by competition
sondt client feedback about strengths and weakens of competition
Form collaborative partnerships with regional (Caribbean, Latin) production destinations
. Measurements
Set goals for new business development
- Track the economic Impact of productions, events. and conferences resulting from outreach efforts
Monitor medfa coverage through clpping service/ PR firm
- Develop and Institute exit and folow-up surveys
- Increase use of tracking data to highlight M/a'ni Beach's position wIttWl region. state and nation
- Increase data tracking by capturing private property / non-permltted production activity.
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Annual Resources R Amount
Two FTE , S 75000-125,000
Office Space & Equipment . CMB
To/I Free Number $ 5,000
PubHc Relations Agency , $ 150,000 - 300,000
PubHcatlons/Colloteral Pleces/Webslte $ 35,000 - 75,000
Advertising $ 150,000 - 250.000
Travel $ 50,000 - 100,000 ,
Production Access Fund fTelevlsion Origination fundI $ 500,000 - 1 ,000.000
Total $ 965.000 - 1,855,000
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Smail/Boutique Hotels
\. Goal: To establish a brand that defines the small hotel experience, including marketing, sales,
publlc,relations and advertising, for short and long term programs since there is an urgent
priority to Increase business for the shoulder and summer months. To maintain the
~, visibHlty and priority of marketing the small hotels.~ To enhance the oblnty of the small
properties, to collectively market themselves at trade shows, sales missions, with travel
agenis, etc., with an emphasis on the domestic and local market. Work to purs~e other
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Short - Term Actions
. Commit support to smaD (and/or boutique) hotel experience throughout Miami Beach:
develop a specmc brand and supporting marketing strategy to promote the ~maU and
boutique hotel experience, concentrating on diversity of properties and diversity of
clientele
I. Define actual and target ma1cet for small (and/or boutique ) hoteliers; 'develop marketing surveys through
engagement of individual enirepreneurs and operators to clarify diverse tourist mix. interests and needs ;
2. Create (multiple) message. marketing strategy and sub-strategies. as necessary; create a brand, slogan and
message to advertise. revitalize and reposition the sma. hotel experience. Test messages and slogans
3. Colaborate with existing partners to maximize efficiencies, Including, but not limited to GMVCB. in particular
the small (and/or boutique) hotels committee and aU other coaperative and coUaborafive agendes
,. 4. Develop, advertise and sustain strong and viSible small hotel coantlon and brand
5. Empower ongoing Task Force for oversight
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Develop an 800t and reservation system with Dnks to "small and boutique hotel" webslte
Investigate opportunities fqr development of an 800 reservation system and unique website, with finks to
partIcipating small hotels thraugh
. GMCVB land sma. hotels committee)
. MIami Beach Chamber of Commerce Welcome Center
. ElcpedIa
. RFP
Develop measurement systemls) ; test
41n general, hotels with less than ISO~.
Note: 1he CommIttee focused efforts on c1e\/8loplng an Implementable strategy fer the unfque hotels throughout MlamIIleoCh.
which ~lIy Ioc:k mortcetlng ablty. and need more coIloborOtlon and visibility all hotels can request help.
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· Stimulate business to Include smal conferences, local and domestic business and other
opportunities
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I. Develop and JmpIement strategy for solclting new business. Develop immediate promotion
2. Develop source Usts for meeting space: establ"lSh Dst of sources and cirCulate among hotels for
. conventions '
. sma. business meetfngs
. , weekday business travelers
,'3. Encourage acttve collaborative participation of small {and/or boutique} hotels with promotions, through
Incentives for partldpants
i.e.: Advertising and marketing special packages, promotions (weekday rates for' Florida residents)
. MIami Beach Chamber of Commerce /MBCC)
. SMG
. GMVCB
4. Encourage increased Interaction with FHm & fashion industry. IAsk for representative on new boards or
councils)
5. Encourage interaction with transportation, attractions. nightclubs and restaurants to incentivlze business.
IEmpower a proactive coRaboratlon}
6. Develop' special ,packages a.d promotions for c:tlve-down visitors: encour:age participation through
providing opportunities to be included in advertising. DeVelop first phose for summer, 2002.
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· Develop a new brochure and other appropriate coDateral
1. Incluc:llng
. New smalland/or boutique) hotel message
. Wrtfe and use 0 unifying slogan
· Develop a "smaD/boutlque hotel" directory
· Develop new access Information mechanisms 1800 number. website, etc.)
· Develop special Incentives (VIP cards, collaboration wlfh restaurants, clubs, attractions. etc.)
· small meeting venues; target rofI..out for first phase for summer, 2002
· Create distribution mechanism at MIA and FT Lauderdale airports. all welcome centers, information
kiosks, (GMVCB) trade shows and direct mailings to convention and meeting planners,; rollout first phase
, summer, 2002
2. Celebrate the uniqueness and history of on Miami Beach small and boutique hotels;
3. strengthen partnerships to increose vlslblDty
4. Review art/film opportutllties wlfh possible media partners (WPBT, WLRN) and/or Miami DesIgn
Preservation League (MDPL) or others
,5 Develop mechanism for comprehensive directory pncluslon) of small hotels
6. Develop cost-effective and collaborative practices among smal hotels
7. Develop measurement methods for distribution and use
8 Share planning and financial support among stake holders
9 Develop a 30 second film for use on cable land other media opportunities. IncIudfng alrHnes) to highlight
unique smaU/bautiqU8 properties
lOUse PR network to pitch alrlines for in-f6ght film opportunities
. Empower (Hire or assign) a marketing representative for smaD/boutlque hotels, through a
cooperative effort, to participate at travel trade shows and In sales missions. Encourage
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Hire (empower) a representative or agent/s) to attend trade/fJ'aVel shows. representing smaD hotels5
Interact more fully with partners (Chamber. SMG. GMCVB ). tour operators and other agencies
Report successes and evaluate annually
CoIaborote ,with existing agencies CUTent tour programs (i.e.: Cultural Tourism Di'ector (GMCVB) and others)
LonG Term Actions
Utilize more fuRy the services and resources of existing and potential collaborators and
partners, Including, but not DmltecUo
. Miami Beach VIsitor and Convention Authority /VCA)
. Greater Miami Convention and VIsitors Bureau,/GMCVB) Marketing and Cultural Tourism committees
. Chamber of Commerce IMiami Beach. Latin. Gay & Lesbian etc.)
. CIty of Miami Beach (Cultural Arts CouncJl, Economic Development, Office of Arts. Cultural &
Entertainment, Protocol &. Tourtsm '
. Greater Miami Motel & Hotel Association (GMHA)
. South Beach Hotel & Restaurant Association (SBHRA)
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, ' . Clarify and Identify action priorities and ,resources requited for success
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. Define and strengthen a commitment to a dedicated, long term PubHc Reloffons effort, highlighting the
uniqueness of the smalland/or boutique) hotel experience os an essential IngredJent of the diverse
Miami Beach experience
. Inaugurate a Toll Free Number: advertise, promote. and measure impact
. Dedicate a Website to small (and/or boutique) hotels. with links to parfidpatlng businesses
. Develop and utlIze fully collateral material
. Undertake TV advertisements, Investigate and pitch for feature cov8fage (i.e.: Travel channel)
Comoetltlon
Identify significant competition and develop strategies to comJ)ete
Ragshlp/chaln Hotels. whIch offer discounted rates, convention and meeting space onslte and national
v1slblUty,
Other dtles, with already existing small hotel packages, Incluclng. but not limited to
. Ft. Lauderdale '
. Bahamas
. CUba
. Key West
. New Orleans
. Identify Funding sources'
1. AUocate significant additional funds, from resort taxes not currently used for direct tourlsm projects
2. Immediately add flnancfal resources beyond what is currently spent through GMCV8, CAC and veA os well
as for other specific, direct tourist impacting efforts.
3. At this critical time. special efforts must be made to fully utilze existing funds. funds spent on non-tourist
related projects. funds that are defined In the CMB budget.
.c. Current funding levels for tourism should be Improved and increased, not reduced. impacted or diminished.
5. Corporate support, underwriting and sponsorship (i.e.: Expedla)
6. Co-sponsorship - public/private partnerships (hatels and CMB)
. ~ on the 1abIe. presented by the GMCVB ot OCtober, 2001lM8ftng. Needs ImpIementoIlon
. Budget WI be based on I8SPOIlS8S to implementation. Thele may or may not be costs Involved.
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7. Review and apply for state and Federal funds identified in grants
8. Reqlire expense sharing of hotelers Involved
9. Request resoun:e support from GMCVB. CMB, through exlslIng resources,
· Identify methods of measuremeni
MonIor pntII coverage, develop monIhIy reporItng system (clipping service)
Trade calls to 800 number. Deveiop reporting and alOlysls system (staff)
SUrvey visitors IwIth help from GMCVBI
Monitor and review resort tox re: income and expenses
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AetlOD Steps
· To holt iii mmua14111 Quarter Mayor's Economic and Service Smmnit to kick '
offtbe Season by inviting all City officials, Investors, Merchants, GcncraJ.
Manasas and Middle Management to attend 'At this Summit the Mayor will
do ita State of the City Address and promote as well as distribute the trainn,g
video and maftm.l. on Service ad Attltade and how the program it is going
to 88Ilist Miami Beach with its Service and Attitude Mission and Objectives
as a Public and Private service teams! , '
· For the M8)'OI' and C.mmni.sioriers to unite the city. merclt~. and its
COJistitueats by explam~g we arc all in this together for the lOng haul. It must
be a 9-year focus, development plaD, commitment, and focus!
· Por the Mayor and Commissioners to appoint the VCA to oversee the 9-year
Service ad Attitude Tourism Development and Maintcnancc plan BDDauVed.
by the Commission 1iom the Mayor's Blue Ribbon Task Fon:e. It mUst be a
cc;.~....;tment 1iom all entities public and privatel
· For the Ma)'OJ' and the Commissioners to impJmn~ a annual 2- Quarter
Serviee ad Attitude meeting to ki,* off the Summer Festival Season for all
City Officials, Jnvestora, General Managers and Merchants to attend. All new
City employees and Merchants alike will need to attend. At this OriCDtation
,GOeJS Meeting we will show the vid~ on the city's pride and rmnind all
atteDdCles on the importance of service. 'It must be our way oflUe; it has to
project sincerity and consistency. From City HaD, to the Investor to the
Merchant and 1iom olD'Residents. The Service aud Attitude Certification
Program should be managed through the issuance of the Occupational
LiCCDle. Similar to the requhanent for all Restaurants with the Food
HMJdlmg Certification for all its employees.
· ServIee ad Attitude train;"g videos produced should model the V AS.T.
and C.A.S. T. trainiTlg videos already in place. One word of caution, they must
be geaeral in service nature to cater to all businesses and trendy in material to
CID8UI'CI sinceJe buy-in 1iom all employees.
· We must 1brther develop the ""Extra Mile" campaign to the Residents as well
A'Wl.......... will need to be enhmiccd greatly citywide to all Service pc;sonnel
via the PSA campaign.
· Most importantly an aggressive PSA campaign awareness program also with
DOmmlW must be initiated with all available media outlets. We all mUst be '
BCDBitive and sincere that Tourism Is Everybody's BlISlDess!
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, Our efforts will be to redirect the perception of the world as it applies when it comes
down to Miami Beach with its image ofbeing one of the cities with poor unftiendly
Service aDd Attitude. With the effects of September lId! Miami Beach and all its
me:rohants are having a v.ery tough time trying to recover from the adverse reacti~of
, the world economy. Being a city that has tourisID as its main Economic Force Imi all'
businesses experiencing the effects, it is now the time to get GYeryone deoutized and '
committed to seeing Miami Besch for what it is and to JQke drastic changes at this very
moment to cmrect the negative Service ad Attitude issues that both Residcmts and
Tourists alike have experienced in the past.
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To coaea the image as 'We portray it locally, domestically, and internationa11y with '
regards to Service ad Attitude. We will do this by gathering aU local govemment
officials, bUSiness owners, general managers, middle maftl\8eme:Dt, and finally front line
employees~ We will then generate a Service ad Attitude training prosram with no "
sunset IIQd to update it every 3 years. This fimdamental business principle for any.
cOmmunity or bumncss will assist om goal to create a ncw Miami Beach for its Residents,
Tourists and Merchants to pleasantly conduct business and eqjoy our exclusive year ,
round tropical weather, services, and diversity.
Oar Objective
. To create a wann and friendly city where Residents, Tourists and Merchants
can patronize and conduct business '
. To ensure Residents, Tourists and Merchants feel welcome and at home
. To ClIISUfe all patrons walk away with a p~tiOD ofvalue
. To empower aU who Work in om city at what ever level with a sense of pride
and selfworth as a service professional
. To instill pride within the city
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FlDaI Note ud Bottom Line
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In Miami Beach's history you will see that evr:cy other decade we have had declines and
inCreases as the image ofbeing the '"in place to be". At this time we are on a severe
d"'Cl.ne where we can actually stop it before it is too lI!.te' for all stakeholders. We can as a
team accomplishes this fundamental principle in business by implementing and ,
nWUorcing the Mission, Vision, and Objectives outlined. It must be a new approach and
it must be nevei' COdi"8 Service ud A,tUtade'Tomist Development PIan. Our Miami'
Beach is a beautifb1 city and destination within OW' United States of America aDd it must
rmnAin as such for,the continuous growth for all as a city to live m and a destination for
the world to patronize endlessly. And all this starts with Service. Attitude. Madceting,
and the oo......i1ment to be the leader through the 8JI"'AupJiate reinforment vehicles.
Apin, it must be a way of life and it must consistentlv portray sincerityl
FuDdIn. to ProdDce the Videos, MUD'" and Conferences
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We are fo.rma11y solicit:iJJgthe local Chabcrs, Bureau. VeA, and City of Miami Beach
"U&~..ut 1\mding they all have allocated towards the betterment oftbe city. We need to '
create a I)'IlCI'BY with the already allocated 1imds by each private and public entity mto
one fimd to assist olD'Service ud Attitude Tourism Development Plan develop, and we
will then see OlD' city be the mendliest and best place to live and conduct bu.ess. This
'W88 one of the dreams and goals our foundiltg fathers Mr. Collins and Mr. Fisher had, and
wanted for ~e city of Miami Beach and now is our time to do itl
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PreselitatlOD ADeIIo VInal and time reqalremeDu:
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· TV and VHS for quick: video samples to use for Mayor's Summit
· Over head and screen projector to outline the presentation
· 15 m~ offtee lance scriDts "Treat OlD' Guests as you want to be Treated..
L Axrival to MIA Ahport
b. Taxi to Hotel
c. A1riva1 and Reception Desk at Hotel
d. Restaurant 1iom hostess to server '
e. Merchant souvenir store
f. Club door penon to bartender
& ~lWCl taxi
h. Departure AiIport
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We au need to c:osure among ourselves more smiles, greeting and thank you. It is the
basic principle to COW'tesy and must be contagious!
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MAYOR'S BLUE RIBBON TOURISM TASK FORCE
Administration Committee
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HOMELESS: The Committee worked with the City staff as they
developed a plan that would deal with this Issue. 'Under the direction of
Assistant City Manager Bob Middaugh, the City will propose a plan that
will help alleviate the situation.
Slnee one of the challenges is how to fund this proposal, the committee
has recommended that the City allocate Quality of Life dollars, city-
wide In order to provide the needed funds which would be used I.e.
procure necessary Intake beds to provide access to continuum of
care for Miami Beach homeless. Because, our Resort Tax, as
defined, can be used to "enhance tourism", It was felt that this Issue
meets that definition. If Resort Tax Is unavailable, the City should
seek any and all available sources to fund this initiative.
BEACH RENOURlSHMENT: In support of the CitY's initiative the
committee recommended to the full Task Force that a resolution be
passed supporting the City's effort to provide renourishment of our
Beacl1es as well as the ability to retain said sand. A resolution
(attached), was unanimously passed by the Task Force and
forwarded to the City.
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~ Blue Ribbon Tourism Task Force
AdmlnlatJ8Ilon Commltlee - Report
Page 2 of6
III. SANITATION AND CLEANLINESS: There was far reaching discussion
at each committee meeting on this Issue. The following recommendations
were made:
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1) City consider Business Improvement District (BID); Neighborhoods
that enhance City services. The BID should be analyzed by each
neighborhood to detennlne if they would like to enact BIDs 'In their
area, funded In Part bv that area.
In making this recommendation, the committee also suggested that
the City might look into having an Individual responsible and
accountable to the City Administration who would work with and
monitor each of the neighborhoods.
If the City chooses not to Implement a BID program, the committee
strongly urges that these Individuals stili be put In place because
the diverse concerns of all the neighborhoods Is too much of a
burden for one Individual to handle.
3)
The City should also consider a .Scorecard- program.
2) As the City begins the new sidewalk program for Washington
Avenue, (we were advised this would begin in the Fall of 2002) the
committee recommends that a Business Association be' created,
wtth incentives provided by the City and supported by the Chamber
of COmmerce with community recognition, allowing these business
to take pride in their place of business by keeping It clean 365 days
a year.
City needs to Improve maintenance of buss benches, shelters and
other street fuqliture and contact newspaper companies regarding
filthy newspaper boxes.
In addition the City should contact the School Board and request
that they paint the Iron fencing fronting Washington Avenue outside
of Fisher-Feinberg elementary.
The committee also requested that In order for the entire City to be
clean and safe, In particular Washington Avenue, the work
schedule be reviewed In tenns of seeing if each area Is getting full
coverage.
The committee requested that the Administration look at the, City of
Miami NET program for keeping the community and high traffic
tourist areas clean.
As It pertains to our Boardwalk, the committee Is recommending a
partnership between City, Miami Beach High School AOTT
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AdmInlBllation Committee - Report
Page3of6
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students and corporate sponsors to repaint the boardwalk. It was
also recommended that the color be changed, to be more In line
, with our blue ocean and orange sun, and analyze the cost of this
change as it relates to maintenance.
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The suggestion of using volunteers In keeping the City clean (other
than the Boardwalk project) was sent to the Service and Attitude
Committee.
The committee urges the City's Police Department to enforce the
Rules and Regulations which govern the Boardwalk. They feel that
this will assist in keeping the Boardwalk safe and clean and assist
the City's Sanitation Department In maintaining the area. The
committee urges the City to enhance and increase the allocation of
security resources on the Boardwalk.
User friendly slgnage is grossly Inadequate on the Boardwalk and
the City is urged to take immediate action. The cleanliness of the
shelter areas and disposal cans is of paramount concern and the
City is also urged to, contact the phone company to deal with
broken and/or dirty phones.
Lighting and 'maintenance of same should be a priority on the
Boardwalk. This Is not always the case.
The Boardwalk and Beachwalk is a major attraction for thousands
of visitors and residents and should be maintained with, a .Disney"
like fervor.
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Lummus Park maintenance, security and cleanliness should be
prioritized.
/!l!!J.EMENIA nON: Cltv of Miami Beach. M/aml.Beach Chamber.
Neighborhood oraan/zatlolJll. COrDorate SDOnsors. 4f/aml-Dad.,
Countv School Board. MiamI-Dade DeDllrtment of TranslJortatlon.
NeWSlJ8lJeTS. Miami Beach High School.
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FUNDING: Cltv of Miami Beach. COrDorate SlJOnsoTS. School Board.
DelJartment of TransDortatlon. NewsDaDers.
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IV. USER FRIENDLY CITY HALL: Certain concerns on this issue were sent
to the Service and Attitude Committee. The fallowing are
recommendatioris by the Administration Committee:
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The enhancement of the City's one-stop permitting to assist
business~. Though currenUy on line as well. It Is recommended
that the City create a .physical" one stop center for residents. In
addition the committee Is recommending a "central phone number"
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Mayor'$ Slue Ribbon Tourism Task Faroe
Adminltmatlon Committee - RepoIt
Page 4 0'6
that residents can get any assistance or Information regarding any
residential concern. This would eliminate any resident from having
to dial a multitude of numbers to get an answer to a question. The
City should physically man a telephone line 24/7 to deal with City
complaints or issues that arise vs. answering machine.
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IMPLEMENT A IlPNAND FUNDING: CItv of Miami Beach.
V. CONSTRUCTION EFFECTS ON CITY: The committee looked at this
Issue and recommends the following:
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The City should look at the Collins Avenue project as model In terms
of communicating with residents as to the status of each
construction project ongoing In the City. this communication can
be weekly updates In the Beach Neighbors of Sun Post as well as the
bills that go our to residents. Thelnfonnatlon should Include street
closings, time frames and Inconveniences that will be caused.
Just as Important Is the purpose of the construction and how the end
result will Impact the resident's quality of life.
!MPLEMENTA nON AND FUNDING: Cltv of Miami Beach.
VI. OWNERSHIP OF "MIAMI-BEACH" WEBSITE: Numerous discussions
took place on this issue on various committees. The City Attorney Issued
a legal opinion on the subject which Indicated some legal difficulties in
resolving the Issue. The committee believes that legal Issues be put aside
and we concentrate on working with, Miami Herald Publishing on making
"Miami Beach.com" work for us. If the City's to acceDt many of the
Sales and MarketinG Issues: Resldentlpl )ssues: Pa~lnG. etc.. an
enhanced. active. dynamic webslte with a tremendous outreach Is
'he aoal. ThrouGh a series of conversations. the Miami He~ld J1!!,
indicated that they wish to eXDlore a ,strona DBrtnershlD ODDOrtunltv
to market ..the site and lolnt venture on the web so that the domain
name'drlYes business and. Inquiries to "Miami Beach .com". '
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!M!!J..EMENTA TION: CItv of Miami Beach: Miami Herald.
FUNDING: Miami Herald: Various Businesses and Oraanlzatlons:
CoTDOnlte SDOnsol'$hlDS.
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VII. ENTERTAINMENT/CABARET DISTRICT:
VIII. OUTDOOR ENTERTAINMENT ESTABLISHMENT ORDINANCES:
These issues were combined In discussions. (note: some of these
Issues are being discussed at the CIty's NITE panel) They centered
around noise ordinance; outdoor entertainment regulation; portable
bars on porches, etc;
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AIa~ Blue Ribbon Tourism Task Force
AdmInIstratJon Committee. Report
Page6of6
!MJ!!!#MIi!JTA nON: Cltv of Miami Beach.
I)(. STREET PERFORMERNENDOR ORDINANCES: Because the Street
Performer Issues will not be heard until March 11, 2002 by the land Use
Committee, the committee was not able to make recommendations at this
time. The' committee did feel though that the unique appeal of Lincoln
Road has been diminished by not having this activity and if regulated
correctly, could be a plus again. In addition, the Vendor Ordinance was
looked at and the committee received assurance that as currently written,
with enforcement being maintained, the Ordinance remain in place.
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The committee complimented members of City Staff for being -business
friendly" in particular on Ocel:iln Drive in working with those establishments
to ensure that the Rules are being followed but with reasona~le
consideration. Three (3) Issues were addressed by the committee.
1)
Recommend that the City review current noise ordinances in place
on Ocean Drive particularly In the Cabaret District (9th - 11 th Street)
because It feels that It Is being too restrictive and impedes business
success.
2)
The oUtdoor entertainment district, which Is defined as the Cabaret
District, should have its own set of guidelines adopted by the City.
3)
The committee Is recommending that the current regulations as
written, on portable bars on porches on Ocean Drive be changed to
allow them to be used with a strict adherence to size limitations and
design criteria.
The committee felt that current regulation limits entertainment
Industry success.
IMPLEItIENTA nON: CItv of Miami Beac.(z ,
FilM, FASHION AND PRINT: This Item was sent to the Sales and
Marketing Sub-Committee on Film and Fashion , as well as Parking since
they were discussing this issue as It relates to:
- Permlttirig fees and private sector fees
- Production parking
- City of Miami Beach Incentive Program for Film and Fashion
should be broadened.
The committee did recommend that the City remove the 6 month
restriction on rental of homes to qualified businesses/legitimate
u.e....
IIIPLEIIENTAnON: CItv of IJIIlaml Beach
92
Mayor's Blue Ribbon Tourism Task Force
Admln./stJatIon Commltlee - Report
Page 6 of6
Before presenting our final recommendation the committee wishes to
Infonn the City of a recurring theme; not only from this committee but
others as well and that Is "Overreaulatlon". No matter how much we all
do to make this a safelclean/frlendly destination and ensure the quality
of life of our residents; If the City chooses to Ignore the CIty's largest
employer and Its 90,000 plus residents by being "big brother" all this .
effort will be for nothlngl
FINAL RECOMM~NDATJ.QH
'We recommend that a minimum of two (2) wo~hops be held
throughout the year with the community and Industry leaders so that
the Mayor and City Commission can report on the Implementation of the
short term and long term Initiatives that have been recommended.
In addition we ask that a small advisory committee be put In place made
up of Task Force Individuals to work with the Commission and
Administration to ensure that this report becomes a blueprint for the
future of this community and destination.
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FfCUGR\IIIl.UCHrd&l..NII)DI...........JiEPORT'M.A n..doc
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
I' omcE OF TIm CITY MANAGIII
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Resolution of the Menibers .
. Passed UDA'I1imously on January 14, 2002,
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, Whereas. on Deceinber 2, 1992, the Miami Beach City.
Commission unAnimously passed Ordinance No. 92-2824 which
created the Miami Beach Human Rights OrdinA1)Ce which
prohibited discrimination in employment" hous~ and public'
,accommodations on the basis ofsexua1 orientation; and '
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Whereas, on October 7, 1998, the Mayor and City Commission of
the City of ,Miami Beach passed Resolution No. 98-22935 which
urged the Miami-Dade County Commission to adopt provision.s in
,the MiSmi-Dade 'County HU11]iln Rights Ordinance to proln"bit
discrimi!lation in the County on the basis of sexual orientation in .
houSing, credit and 'finance, public accommodations, and
employment; ,and' ,
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Whereas" on December 1, 1998, the Miami-Dade, County
.. Commission enacted Ordinance No. 98-170 amending its HU1'I)An
Rights ,Ordinance to prohibit discrimination based on' sexual
orientation in housfug, credit, finance, public accommodations and
employment; and ' '
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! Whereas, on January 9,2002, the }4ayor and City Commission of
the City of Miami 'Beach reaffirmed their continued strong support
for the Miami-Dade CoUnty Hl1m9n Rights Ordinance and their
desire' for the Miami-Dade County CommiSSion to stand firmly
behind the Miami-Dade County Human Rights Ordinance, and
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, Whereas, the Mayor's Blue Ribbon Tourism Task Force J:ecoani7.es
the importance ofnon-dis~ation on the basis of sexual '
orientation to the ViSitormdtiStry~..
NOW TIIERBFORE LET IT BE RES.oL VED:
," The Mayor's Blue Ribbon Tourism Task Force unanimously,
passed a' resolution in support of the City of Miami Beach,
resolution, reaffirming their support .of Mi~-Dade County's
Hllnia~ Rights Ordinance.
SIGNED:
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STU BLUMBERG, CHAIRMAN ,
MAYOR'S BLUE RIBBON TOURISM TASK FQRCE"
DATE: .
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C1TY OF MIAMI BEACH
CITY HAI..L 17~ CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
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-omca OP'THI CITY IIIANAGEII
, JELEPIfONe .-J I71-mt
FAX: .-J 171-7711
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Mayor's Blue Ribbon Taurtsm Task Farce '
Proposed Resolution of the Members
Passed U~nlmously on January 28, 2002 '
THE MAYOR'S BLUE RIBBON TOURISM TASK FORCE SUPPORTS THE
CITY OF MIAMI BEACH'S EFFORTS TO RENOURlSH THE CITY'S BEACHES '
AND STRONGLY RECOMME;NDS THAT US,E OF THE APALACHICOLA
RIVER SAND FOR THE CITY'S EROSION CONTROL DEMONSTRATION
PROGRAM BE GIVEN HIGHEST PRIORITY IN THE CITrS, 200212003
FEDERAL LEGISLATIVE AGENDA.
, Whereas, according to Rorfda Deparbnent of EnvlronmentBI
protectlon';'75% of Miami Beach 'is now at 'scritlcalstBte of erosion
and the hurricane protection function of the beach system has been
severely compromised; and '
Whereas, the identification of alternative sources of beach
compatible sand is, crItI~1 to the, future shore protection program;
and
, Whereas, approximately $15,000,000 In combined ,Federal,
State and I~ funding has alreadY been ,appropriated 'for
Implementation of an Alternative Sand Source Test Beach Project;
and
, Whereas, the MobUe District office of th8 Army Corps of
Engineers is now In the process of'dredglng,the Apalachlcola RIVer
and taking the stockpled material Into the Gulf of Mexico to 'be
diSposed of; and
Whereas, testing has shown 'that the stockpDed material Is
about '1,250,000 tons of beach quality sand that would be highly
compatible for use on Miami Beach; and '
, Whereas, the City of Miami Beach has contracted with the
finn of Jorden, Burt, et. al. for lobbying services In Washington, D.
C.; and
Whereas, the CIty Admlnle;t.ation Is In the process of
finalizing the City's proposed 200212003 Federal Legislative
Aaenda for presentation to the City Commission on February 20.
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NOW, THEREFORE. BE IT' DULY RESOLVED BY MAYOR'S BLUE RIBBON
TOURISM TASK FORCE THAT THE CITY'S EFFORTS TO RENOURlSH THE
crrrs BEACHES ARE FULLY SUPPORTED BY THE TASK FORCE AND
THAT USE OF THE APALACHICOLA RIVER SAND BE GIVEN THE HIGHEST
PRIORITY IN THE CITY'S 200212003 FEDERAL LEGISLATIVE AGENDA '
PASSED and ADOPTED this 28th de)' of January, 2002.
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BLUE RIBBON TOURISM TASK FORCE
, RESIDENTIAL COMMIrrEE
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MlHJon Statement: To promote a positive and mutually-beneflclal
relationship between the city's ,residential community and tourism industry
in orderto continue the city's growth as a premier tourist destination as
well as maintaining a highly livable community.
Juu.. Addre8sedi. ' ,
· Lack of social and cultural cohesion In our oommunlty due to significant
changes In the city's demographics in recent years.
· Resident perceptions that the tourism industry negatively impacts
resident cost of living and quality of life -' particularly in the areas of
sanitation, noise, and safety.
· Lack of resident awareness of the benefits that tourism brings Miami
Beach.
· The communication channels between residents and the city should be
enhanced in order to proactively address problems and complaints,
· The necessity to involve residents in tourism-related Issues to make
them feel part of our tourism-fueled eoonomy while simultaneously
enhancing civic pride.
SummarY of t:llne P.rlor:!N Recommendations:
1. A resident-focused marketlngIPR campaign emphasizing (a)
tourism's benefits to the community, (b) our community's rich diversity,
(c) hospitality towards our visitors and one another and (d) special
promotions dlreded towards our valued residents.
A new "Keep Miami Beach Clean" awareness campaign to
encourage commitment among residents and businesses to enhance
the cleanliness of the city and its beaches.
Creation of a pennanent entity, such as the Hospitality Resource
Panel (HRP), to continue the work of the Blue Ribbon Tourism Task
Force to. The HRP Involves a variety of stakeholders including the city
administration, hospitality industry and resident-based organizations.
The panel addresses stakeholder Issues and concems using existing
resources and best practices from other cities utilizing the HRP.
4. The city administration and the Blue Ribbon Task Force have recently
proposed Miami Beach boanlw8lk enhancements. Representatives
of the Tourism Task Force should be available to provide Objective
oversight of these improvements.
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5, Promote a user-friendly govemment by establishing and publicizing a
City Hotline (such as 3-1-1)1 which allows residents to access city
services while having complaints Immediately processed and
addressed within an acceptable timeframe.
fThe 311 number hes been proposed In New York City eslls resident complalnt
hot/ine. This number Is also being used In other citfes.
6. Request the administration to explore the establishment of Business
Improvement Districts (BIDs) throughout the city, Including areas
that are populated largely by residents (e.g. In Middle Beach along
Collll1s Ayenue).
7. Support the Hello Mlamll program, Initiated by Leadership Miami
participants. The program allows potential visitors to Greater Miami
and the Beaches to emall resident volunteers with questions about our
community. This program will enhance civic pride among participating
residents a!3 well as increase economic development through tourism.
'8. Support the creation of the Student Ambassador program. Bom thru
discussions between representatives of the Task Force and the
Academy of Travel and Tourism, the Student Ambassador program will
place trained Academy students In high-profile areas of the city to
provide visitor Information and answer visitor's questions.
9. Create "Operation Scorecard" by enlisting the city's Internal audit
team to perform site analyses measuring the cleanliness of Miami
Beach streets and beaches. This audit can be performed on a regular
basis and the results can be publicized to residents.
Recorrimend!.tlons .. SDeClflcs
Goal 1 : GelJelate a positive and enthus/astJc attitude among residents
towards the tourism Industry. '
Implement' a resident-focused marketlngIPR campaign emphasizing:
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· tourism's benefits to the community
· our community's rich diversity
· hospitality towards our visitors and one another
. special promotions directed towards our residents (e.g.: special reduced
restaurant prices on designated days) ,
IMPLEMENTATION: We have enlisted an advertising firm and two PR
agencies, which are committed to the execution of this campalgn.2
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Goal 4: Ensu,. the city's boardwalk Improvements are accomplished,
allowing the boardwalk to remain a valuable asset to residents and visitors
alike.
The city administration and the Task Force have recently proposed Miami Beach
boardwalk enhancements. Representatives of the Tourism Task Force should
: be available to provide objective oversight of these improvements.
IMPLEMENTATION: Amongst the Items for Implementation, the city will place
approximately 30 new signs to enforce the regulations of the boardwalk. The
pollee deparlment will provide Increased presence. The Academy of Travel and
Tourism, in cooperation with Royal Caribbean Cruise Lines, will repaint the entire
boardwalk.
FUNDING: City of Miami Beach
TlMEUNE: The Improvements will take place In the next several months.
GoalS: Establish the City of Miami Beach as a user-friendly government to
Ita cltJzens.
The CIty of Miami Beach's customer service system, CMCALL, is being
replaced.. We advocate a best-of-breed communication system which utUlzes a
City Hotline (such as 3-1-1), allowing residents to access city services and have
complaints Immediately processed and addressed within an acceptable
tlmeframe.
IMPLEMENTATION: The clty's neighborhood services and Information
technology departments should meet with c1tizen groups to determine the most
, appropriate systems needed.
FUNDING: City of Miami Beach
TlMEUNE: It has been mentioned that a permanent system may not be
Incorporated for approximately one year. We recommend streamlining this
process and implementing the system in a shorter period of time.
GoalS: Increase the baseline level of S8lVlces offered by the city.
Request the administration to explore the establishment of Business
Improvement Districts (BIDs) throughout the city, including areas that are
populated largely by residents.
IMPLEMENTATION: The clty's neighborhood services department -In
coordination with the sanitation, police, fire and public works departments - can
desfgn options for commercial and residential districts to, participate in BiDs.
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2 CresBtJve Juice Advertising, Brlgllte Grosjean P.R., Divine Parties, Inc.
FUNDING: We have received a pro-bono commitments from the advertising and
PR agencies listed above, the campaign's total will range from $20,000 to
$25,000 depending upon additional contributions, from private corporations, the
GMCVB and the VeA.
T1MELlNE: The campalgn'should be launchecJ In coordination with Tourism
Week, beginning May 6111 and continue Indefinitely. " ,
Goal 2: Impl'OVe the cleanliness of our Community, which Is. crltlt:al
quality of life Issue for residents.
A new -Keep Miami Beach Clean. awareness campaign to encourage
commitment among residents and businesses to enhance the cleanliness of the
city and Its beaches.
The cleanliness awareness campaign can include:
· -Utter pickup days. where our top city officials and residents demonstrate
their commitment to keep Miami Beach clean.
· Improved slgnage In English and Spanish to remind residents and visitors to
reduce littering.
· Encouraging local stores and businesses to participate In keeping their
entities and surrounding areas free of litter.
· Creation of public service announcements exhorting our community to
prevent littering.
IMPLEMENTATION: See Goal #1
3 CreeBtlve Juice Adverl/8lng, BrIgitte Grosjean P.R.. DMne Parties, Inc.
City sanitation department, public Infonnation office, nelghborhoocl services, the
city manager's office and the Mayor and Commission's office.
FUNDING: This campaign will be developed as part of the campaign discussed
In goal 1. Therefore. see funding from goal 1 above.
T1MELlNE: The campaign should be launched In coordination with Tourism
Week. beginning May 611 and Iast4Jldefinltely.
Goal 3: Establish a permanent entity represented by dlvel'se stakeholders
which will concentrate onhospltallty-related Issues, sharelnfonnatlon and
Ideas, and develop and Implement strategies and Inltlatives. '
A permanent entity to Continue the work of the Tourism Task Force should be '
created. The Hospitality Resource Panel (HRP) Is a successful model currently
operating In San Diego. Philadelphia, Savannah, Washington DC, and other
American cities. The HRP model provides a structure, which might be a natural
mechanism to replace the Task Force. The HRP addresses stakeholder Issues
and concerns utilizing existing resources and best practices from other cities
utilizing the HRP.
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FUNDING: City of Miami Beach, designated BIDs
Goa/7: Encourage Interaction between residents and viSitors and enhance
civic pride.
Support the Hello Mlam/J prqect, initiated in February 2002 by participants in the
Leadership Miami program; 'The program allows potSntlal visitors to our
community to emall resident wlunteers with questions abOut Miami Beach. This
, Innovative program will enhance civic pride among participating residents as well
as Increase economic development through tourism.
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IMPLEMENTATION: The Hello MlamlJ project team will be encouraging the city
to promote and publicize the concept via its webs/te as well as encouraging city
emplOyees to participate as wlunteers.
l' FUNDING: Hospitallty-reJated businesses, donations
TlMEUNE: March 2002+
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Goal B: Establish Miami Beach as a visltor-frlendly city by Involving the
community's youth..
Support the creation of the Student Ambassador program
IMPLEMENTATION: Miami Beach Senior High, Academy of Travel and
Tourism, Tourism Task Force Representatives, City of Miami Beach, GMCVB
FUNDING: None
TlMEUNE: The campaign wll be launched In coordination with Tourism Week,
beginning May 6111 and will continue indefinitely. , '
Goal 9: Monitor ImpTOVements In sanitation In an objective manner
Create .Operatlon Scorecard- by enlisting the city's Internal audit team to perform
site analyses measuring the cleanliness of Miami Beach streets and beaches.
this audit can be performed on a regular basis and the results can be publicized
to res/dents. '
The City's Beautification Committee. Sanitation Department, and Intemal Audit
team can aeate a list of quantifiable benchmarks that will be measured on a
quarterly basis by the audit team. Results will be posted on the city's webslte
and released to the media.
IMPLEMENTATION: CMS Beautiftcatlon Committee, Sanitation Department,
Internal Audit, CMS Public Information Office
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FUNDING: None
TIMEUNE: In the next three months
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Mayor's Blue Ribbon Task Farce
Gay & lesbian Committee
Recommendations & Comments
I. Overview:
The Gay & Lesbian Committee of the Mayor's Blue Ribbon Task Force was created to address the
1, opportunities available to businesses on Miami Beach to attraCt and Increase,gay and lesbian travel
to Miami Beach.
! We believe it Is the gay & lesbian community that is responsible for the success of tourism on Miami
Beach and that we need to be more aggressive In attracting new visitors, as well as be pro-actlve, in
retaining current visitors. '
To better address what our opportunities are, we created three Process Teams to address gay and ,
lesbian tourism. They include: ' ,
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. Research and Advertising Process Team
. Marketing Development Process Team
] . Trade ShowlWholesalers and Travel Agent Process Team
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Following are our conimlttee's recommendations as agreed upon at our final meeting on Wednesday,
1, February 20, 2002. '
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Mayor's Blue Ribbon Task Force
Gay & Lesbl19fiCommlttee
Task Force Members (Includes appointed members, guests and staff)
J.!ff AbbaJJcchlo~ CIJ!IJr
Adkins Steve
Aedo Rolando
Aller Michael ,
Annette Haaan
Ayerbach Beverfy
Bechdel Jeff
Biondi , Louis
Bluestone Marissa
Blumbera Stuart
Diamond SteDhen '
Drew Ian
Fanow Edison
Flauefa Robert
Gueno Joe ,
Hamilton Clay ,
KelseY David
Knight Garv
Konschnlk Jim
Levin Mark
Lima Jose
MaDul UIv
'Martenez , Michelle
Montavo Milt ,
Morris PhI/liD ,
Neary GeOrae
PalJant , Joe
Riera Gabrfel '
Ross Jennifer
Scasserra Martin
Smith Craie .
SuUlvan Jeanne
Trainer Richard
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CONVENTION & VISITORS BUREAU
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JInU.-y 28, 2002
De.. Industry Perin.., ,
Thank you for your continued support of the Greater Miami Convention & VISitors. 'Now mOre than ever, it is
crlticaIl)' importent that we work closei)' together, end find ways to continue the recorcketting sua:ess we
have enjoyed In tl:!e.past. ,
The events of Septemb.. 11111 have made that task a bit more challenging but we remain as committed as
, ever. In fact, immediately following ~e traged)', )'Our Bureau raised approxlm8tely 12.6 million and launched
an aggreeaive merketin9 program that extended through December. We are now In the, proce.- of
develciplng approximately $3.2 mDllon in programs that will be launched'in the 1- and ~ quarters of 2002.
Thfs will be poulble In large part due to major airline end tour operator pertners as well as . matching grant
from VISI florida.
We are now preparing our plans for our tnIdition81 shoulder and summer see.on push, which has been .
priority of ours for several years now. With our ad agency's expertise and input from our Marketing &
Tourism Committee, we have complied a comprehensive menu of cooperative advertising opportun/tle$ that
target a variety of general and niche markets on ,8 national, regional and local basis.
The Internet will continue (0 be an integral part of all our efforts. Our comprehenlive webstte -
www.TropicoolMIamI.com (GMCVB) and our recent partnership with Exped18.com wiD provide participants
exposure through the use of speciall)' developed jump pages and banners with links to their sites.
These programs are specifically designed to leverage your limited marketing resources. The Bureau wII
invest approximately 65" of all costs associated with 1hese programs. In fact. we ere providing eddltlonal
discounts to those that participate In multiple programs. To further minimize your costs, we will also produce
each participant's formatted ad at our own expense with your supplied m~terlal8. This will also ensure 8
unIfonn look for all participants.
All of these co-operetlve advertising efforts are but one pert of a comprehensive sales end marketing
campaign for the summer and shoulder season that your Bureau has had In place for many yeers. To
further bolster the advertising efforts, we wl1l be conducting T;V. and radio promotlops as well 8$ 1raveI
trade efforts durtlg the same time periods.
To tentativelY ,.reserve your space, please complete the attached form and return it yla fax
305.530.4282 no later than February 11, 2002. Your space will be guaranteed only upon receipt of
your materials and payment by February 15111. (Participation Js limited and available on a first come
first servlKl basis.) ,
Ple8$e do not hesitate to contact Rolando Aedo (305) 539-3090 or via e-maU roI8ncIo@troplcoOimiamLcom
should you have any questions. Thank you.
Sincerely,
David Whitaker
Vtc. President
Marketing & Tourism-
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UPDA1ED
R
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M
CONVENTION & VI ITORS
A
YES, I want to participate in the following GMCVB Summer/Shoulder
Season Co-op Advertising Programs:
#Units Magu/nes #Units Newspapers tf. of MonIM On-line
o Conde Hat $7,000 Northem Markets D Expedla (MMII....)$1,G13
- _0 BlIIUmo... Sun S1,_ e GMCV8(IoaIdng EJVnal$817
_ 0 Trawl & leisure SII,038 ,
....:- e P....nting S8,3~ _0 Boston Globe $1,577 D GMCVB (Run "u.), SM2
_0 Ebony 56,711 _0 Chicago Tribute $2,152
_ D Golf Magazine S5,584 _0 NewVork a...- S113
_0 New York TImes 54,044 Total Magazine:
_ 0 Southern Uvtng $9,058
_ 0 New York Magazine $4,008 _0 PhilacleJphlalnqull1tr $2,03!i Total Newspaper.
o Food & Wine $1,77-4 _0 Washll1gton B1M1e- S15S
- _0 Washington Post $2,005 Total On-LIne:
o Genre- $423
- Local Drtw Martcals Dlscount ~:
_ C /44VOcata- S1,2N
C Bktnvenldn $1,1:M _0 Sun SentI..1 $2,011
- A Ie FlOItda _0 Miami He..... EI Nuwo $910 Grand Total:
-Addltfonal Ga
ltunlllesa...
Name:
Company:
Fax:
Telephone:
Signature:
..
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&Mail:
Date:
Space is limited and available on a first come first served basis. ' .
Please complete this form and return via fax 305.530.4292 no later than February 11, 2002.
Fo",,*:
Copy' Addraa. Micn:I8clft
Word 5.D or lower: Notaa. or
extra lpac:eI: Do not format:
No prooI'l8IIdIng or &pelt
ct-lltolO wIJ\ RIa doM. Supply
.... pdnt out 01 GOPY
DiskS AccePted: Zip; CO; Jaz: 3 112 disksj Do not Include eny ..neWs Illes on d'1Sk; lAbel cIIak wlIh name IINI Job dac:lipIIaIl; ,
PrlnI dlrectaIY of f1le1lncfucled on dllk: Include .. fontI und in logos (prInI8r and acrnn)i Mllcinlll'Jsh farmlIt Is nnofllmld '
Formattededs wDl be prepared by the GMCVB at Il's
own 8)CpenS8. Please forward ell materials noted below
byFebruary.1Sth. ",Th!S ShOUld be sent via oourier or
FEDEX 110: '
Eric Vaz
Turkel SChwartz & Partners
2871 Oak Avenue
MIami, FL 33133
T.305;445.9111
MllferlaI Sp8dIIcatIons:
1) 3D~, 01 f>>PY
2) 2 .hclrt "'* far
8ddr/pllonWweb,1nfo
31 logo
4) l:ClIor slide of photD
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_.1._................ A' I ~
Logo:
8&W ..epI file or S&W veIox
at 4- ole 4- minimum &Iz8: No
logos will be redl'llWn or
cleaned up. Supply 1M... print
our of logo
PhGtiD:
35 mm sIlde or.... qualfty
pIlolDGnIph or high IWIClIutIOn
dIgfIaI file. No 00I0r correction
will be done
C I will be forwarding materials by February 1 rI".
o Please use materials on file from previous co-op program.
- 115
AI' A"'~ WII J R~ I:nDWADn Tn TUJ: ARnVJ: Nn-n::n ~nt.ITAr.T -=:nR 'APPRnVAI.
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116
Exhibit "e"
Proposed Scope of Services for Independent
Marketing Assessment
Exhibit "C"
PROPOSED SCOPE OF SERVICES FOR INDEPENDENT
MARKETING ASSESSMENT
1. Market Assessment:
. How many visitors does my destination attract? (What is my share of
the market?)
. How many potential guests are not staying in the CMB?
. How much do they spend? What other economic benefits are realized?
. Who are my competitors? (Which travelers are we competing for?)
. Identify Top Origin Markets to Miami Beach.
. Analyze and forecasting of trends in tourism, conventions and
business meeting
. Conduct industry-wide impact studies, project feasibility studies, and
consumer demographic and research analyses
2. Targeting
. What are travelers' demographics and travel patters? (Competitor
profiles)
. Who values my product but does not use it? (Identify Opportunities)
. How will "target travelers" perceive a new vacation concept? (Concept
Testing)
. Where are the "non-converted" travelers? (Gap Analysis)
3. Positioning
. What do travelers think of my product? Why do they visit? (Image)
. What do travelers seek and what do they avoid? (Product Positioning)
. How should product development dollars be spent? (Obtaining
Financing)
. Which markets offer the best probability of successful development?
(I nvestors/Developers)
4. Communicating
. Where will my advertising dollars have the greatest impact? (Leverage
Media Budgets)
. What are media preferences of target travelers? (Lifestyle
Segmentation)
5. Conduct Annual Comparative Analyses
. Determine the Market Size of key segments of both Leisure and
Business domestic travel to relative to the national average
. Better understand the dynamics (e.g., demographics and travel
patterns) of the Miami Beach travel marketplace including Business vs.
Leisure, Resident vs. Non-Resident, and South Florida vs. City of
Miami Beach travel comparisons
. Identify key demographic and travel behavior characteristics of Miami
Beaches' diverse travel parties
. Identify primary demographic and travel behavior characteristics of
overnight paid accommodation travelers visiting Miami Beach relative
to the national average
. Assess the Direct Economic Impact of Miami Beaches' Total,
Business, and Leisure travel segments
. Identify Miami Beach's top feeder markets for both Business and
Leisure
. Annually assess how Miami Beach travel compares to the previous
year
. Compile financial operating data from comparable convention and
visitor bureaus gathered on revenues, operating expenses and fixed
charges
6. Evaluate Independent or Complimentary Public Relations Strategies
T:\AGENDA\2002IMA Y2902\REGULARlMay 23 ' GMCVB - Exhibit C,doc
Exhibit "0"
Subleases and Operating Agreement Between
the Miami Sports and Exhibition Authority
and
Greater Miami Convention and Visitors Bureau
dated November 3, 1997
J
"
,
..
,S.UBLEASE AND OPERADNG AGREEMENT
J:..... .
BElWEEN THE .,
MIAMI" SPoJlTS AND EXHIBmON AUTHORITY
AND
GREATER MIAMI CONVENTION AND VISITORS BUREAU
DATED ~e-_/e.y ..5',./, /9? l'
,
.
.
..
TABLE OF CONTENTS
ARTICLE I EXHIBITS AND DEFINITIONS
Section 1.1 Defined Terms; Singular, Plural and Gender 2
Section 1.2 Incorporation of Exhibits 8
ARTICLE U DESCRIPI'ION AND TERM
Section 2.1 Description of Subleased Premises 8
Section 2.2 Common Areas 9
Section 2.3 Term of Sublease 9
ARTICLE m PURPOSE OF USE AND OCCUPANCY
Section :I. (.:' Use of BuildiDa ,9
Section 3.2 Continuous Duty to Operate 10
ARTICLE IV BUREAU'S SERVICES
Section 4.1 Services 10
Section 4.2 RepaiiS' .- 11
Section 4.3 Cost for Services and Repairs 11
Section 4.4 Subtenants' Services 11
Section 4.5 ' City and Authority Not Liable for Failure of Utilities 12
ARTlCU V AUTHORITY'S SERVICES
Section 5.1 Authority's Maintenance Obligations 12
ARTICLE VI CONSIDERATION
Section 6.1 Base Monthly Rent 13
Section 6.2 Bureau's Share of Airport Operating Expenses 13
Section 6.3 Security Deposits 16
Section 6.4 Additional Rent 17
Section 6.5 Interest on Late Payments 17
Section 6.6 Place of Payment 17
ARTICLE VB HAZARDOUS MATERIALS
Section 7.1 Handling of Hazardous Materials 18
Section 7.2 Indemnification 19
Section 7.3 Disclosure, Warning and Notice Obligations 19
Section 7.4 Environmental Tests and Audits 20
Section 7.5 Survival of Bureau's Obligations 20
I
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ARTICLE vm
Section 8.1
Section 8.2
ARTICLE IX
Section 9.1
Section 9.2
Section 9.3
Section 9.4
LICENSES; COMPLIANCE WITII LAWS
Licenses and Permits
Compliance with Laws
ALTERATION OF PREMISES
Change! Alterations
Manner of Construction
Mechanics' Liens
Changes and Additions to Air Transportation Facility
20
20
20
21
22
23
ARTICLE X ,'., AUTHORITY'S INSPECI'lON'AND RIGHT OF ENTRY
Section 10. r:- Inspection by Authority 24
Section 10.2 Authority's Right of Entry 24
ARTICLE XI
'Section 11,1
Section 11.2
Section 11.3
Section 11.4
ARTICLE XII
Section 12.1
Section 12.2
Section 12.3
Section 12.4
INDEMNIFICATION AND INSURANCE
Indemnification
1nsui'ai1ce'
Waiver of Subrogation
No Liability of Authority or City
DAMAGE AND DESTRUcnON
J)estruction of Subleased Premises
Authority's Option to Terminate Lease
Demolition of Building
Insurance Proceeds
ARTICLE xm Bun.DING NAME
Section 13.1 Name of Building
~TlCLE XIV EMINENT DOMAIN
" Section 14.1 Eminent Domain
Section 14.2 Condemnation Awards
ARTICLE XV
Section 15.1
Section 15.2
Section 15.3
Section 15.4
Section 15.5
Section 15.6
.
ASSIGNMENTS AND SUBLEruNG
Assignment and Subletting of Subleased Premises
Procedure for Transfer
Acceptance of Rent from Transferee
Adjustment to Rents as a Result of a Transfer
No Release of Bureau
Event of Bankroptcy
24
,25
27
27
28
28
29
29
29
30
31
32
32
33
33
34
34
ARTICLE XVI
Section 16.1
ARTICLE XVII
Section 17.1
ARTICLE XVIII
Section 18.1
Section 18.2
OWNERSHIP OF IMPROVEMENTS
Ownership of Improvements
SIGNAGE
Signs
RIGHT TO TERMINATE
Right to Terminate
Notice to Terminate Sublease
ARTICLE XIX DEFAULT PROVISIONS
Section 19.1 Events of Bureau's Default
Section 19.2: Events of Default - Authority
Section 19.3 Mitigation
ARTICLE XX
Section 20.1
Section 20.2
ARBITRATION
Arbitration :
Procedures
ARTICLE XXI NOTICES
Section 21.1 • Notice
ARTICLE XXII
Section 22.1
ARTICLE XXIII
Section 23.1
ARTICLE XXIV
Section 24.1
• Section 24.2
ARTICLE XXV
Section 25.1
Section 25.2
ARTICLE XXVI
Section 26.1
Section 26.2
Section 26.3
Section 26.4
Section 26.5
QUIET ENJOYMENT
Quiet Enjoyment
ESTOPPEL CERTIFICATES
Estoppel Certificates
REMEDIES CUMULATIVE
Remedies Cumulative
Waiver of Remedies Not to be Inferred
SURRENDER AND HOLDING OVER
Surrender at End of Term
Rights Upon Holding Over
MISCELLANEOUS PROVISIONS
Ingress and Egress
Successors and Assigns
Assignability and Binding Effects
Amendments
Award of Agreement
35
36 •
37
37
38
41
42
42
43
46
46
47
47
48
48
48
49
49
49
49
49
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Section 26.6 Construction of Aareement
Section 26.7 Attorney's Fees and Expenses
Section 26.8 Waiver of Jury Trial
Section 26.9 Severability
Section 26.10 Time of Essence as to Covenants of Sublease
Section 26.11 Captions
Section 26.12 Conditions and Cov~nRntJI
,Section 26.13 Bureau Obligations Survive Termination
Section 26.14 Radon
Section 26.1S RecordiDa, J)cV'!Innf!fttJI'Y Stamps,
Section 26.16 Duplicate O1igjnRlll
Section 26.17 No Third Party Beneficiaries
49
49
50
50
50
50
50
50
51
51
51
51
,;'
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ARTICLE XXVII AFFIRMATIVE ACrION
Section 21.1 Aft'irmative AQdon
Section 27.2 N~ndiscrimination
ARTICLE xxVm ENi1RE:AGREEMEN'r
Section 28.1 Entire Aareement
.
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51
52
52
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SUBLEASE AGREEMENT
This Sublease Agreement (the "Sublease" or "Sublease Agreement"), is made and
entered into this .3'/ day of $Y&-hf/ey, 1997, by and between the Miami Sports and
Exhibition Authority, an independent and autonomous agency and instrumentality of the City
of Miami ("Authority"), aDd. the Greater Miami Convention and Visitors Bureau, a
("Bureau").
..
.,. R. Eel TAL S
'. .
1) The City of Miami -(the .City") and Authority bave cntcrcd into that certain Intcrlocal
Agreement ~ as ,?f the 14* day of August, 1997 (thC "Interlocal Agreement") whereby,
, inter alia, the City 'bas ~~ ~ Authority a portion of WatsOn Island referred to in the
Interlocal Agreement as the · Air Transportation Facility" (the "Air Transportation
Facility"); and
2) The effectiveness of the Interlocal Agreement is contingent upon Authority and Bureau
.c;ntering into a Dnnuany acceptable S\lblease agrceQlCnt; aDd
3) The Interlocal Agreement provides that a portion of the Air Transportation Facility may
be used for a regional visitors center and offices related thereto, including supporting
offices of Bureau; and
4) The Bureau desires to develop, operate and maintain an approximately 45,000 square foot
facility (the "Building") which will house the terminal facilities, visitors center, Bureau's
supporting offices and Authority's offices; and
5) Authority desires to sublease to the Bureau a portion of the Building for the purpose of
operating the visitors center and Bureau's supporting offices; and
6) As part of this Sublease, the Bureau shall provide maintenance and repair services to the
Building and the approximate one acre site on which the Building rests; and
7) Within forty-five (45) days from execution of this Sublease, the Bureau shall enter into a
Funding Agreement as required in the Interlocal Agreement which shall be executed by the
parties.
~
8) The Bureau intends to contribute up to three million, one hundred and eighty thousaDd
dollars ($3,180,000> for the Building and the Site as its share of the facUity and related
appurtenances.
In consideration of the foregoing and of the rent, co\'enants, and agreements
hereinafter set forth, the parties do hereby covenant and agree as follows:
ARTICLE I
EXHIBITS AND DEFINITIONS
Sectiori 1.1 ':' Defined Terms; SiIwllar, Plural And Gender.
(a> Terms which have initial capitallctters and are not otherwise defined in
this Sublease sball havetbe JnelIIni~ set forth in the Interlocal Agreement.
(b) Any wo~ c6ritained in ,the text of this Sublease sball be read as the
singular or the plulaI, and as the masculine, feminine or neuter gender as may be applicable in
the particular conte]!:t. More specifically, however, for the purposes of this Sublease the
following words ~have the JneAnings attributed to them in this Section:
II Additional Construction Contribution" shall have the meAning ascribed to it in
the Funding Agreement.
II Additional Rent" shall have the me.JIning ascribed to it in Section 6.7.
II Air Museum" means approximately 2,000 square feet of space located on the
first floor of the Building. , The actual square footage of the Air Museum to be adjusted upon
.completion of construCtion, as calculated by City's architect.
.. AirPort ()peratiJut Expense Estimate" bas the meAning ascribed to it in Section
6.2.
II Airport ()peratinst Expense Rent" bas' the meaning ascribed to it in Section
6.2.
II Airport ()peratinst Expense Statement" bas the meaning ascribed to it in
Section 6.2.
.
2
;
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.. AirPort Ooeratin2 Expenses" shall mean any and all costs and expenses paid
or incurred by Authority in connection with the operation, maintenance, management and
repair of the Air Transportation Facility. By way of Ulustration but not limitation, Airport
Operating Expenses sball include the following: insuranCe premiums paid by Authority and (to
the extent used) deductibles; water, sewer and all other utility charges (other than with respect
to utilities separately metered and paid directly by subtenant or other subtenants); janitorial
and all other cleAning sery~; Impositions, refurbishing and repainting, air conditioning,
heating and elevator service; pest control, resurfacing; lighting systemS, fire detection and
, ..
security serV~; 1P.VJl.pe maintenance, management (fees and/or personnel ~sts); road,
sidewalk, apron. helipad(s), l'a.IllP<s) and driveway maintenance; capital replacement, the
am.o~ costs (as ~nably ~termined by Authority) to repair, maintain, replace and '
install 'capital improvements " as 'Authority may in the future install to comply with
governmental regulations and rules or undertaken in good faith with a reasonable expectation
of reducing operating costs; fees for required licenses and permits, fees, charges and other
coJtS in connection, with the management, administration and operation of the Air
,Transportation Facility; the fair market rental value of any property manager's office at the
Air Transportation Facility and costs of legal services (except those incurred directly relating
to a particular occupant of the Air Transportation Facility), accounting services, labor,
supplies, materials and tools. Airport Operating Expenses shall not include: Authority's
income tax or general corporate overhead; depreciation on the building(s) or equipment
. therein; loan payments; real estate broker's commissions; and advertising and promotional
expenditureS.
.. Air Transportation Faci~ity" bas the meaning ascribed to it in the Intedocal
Agreement.
" Authority" bas the meaning ascribed to it in the opening paragraph of this
Sublease as well as Authority's successors and/or assigns.
"Base Monthly Rent" means that minimum rent to be paid as set forth in Section
6.1.
.
3
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"Buildirul" shall mean the approximately forty-five thousaDd (4S,000) square
foot structure to be constructed upon the Site.
"Bureau's Construction Contribution" means an amount up to three million and
one hundred eighty thousand ($3.180.000) that shall be used in determining the Bureau's
actual Base Monthly Rent. Said contribution shall be paid to the Authority during the
construCtion period of the ~ding.
"Business Days" DleJIIQIl Monday through Friday excluding legal holidays.
"Business Hours" shall mean 7:00 AM to 7:00 PM.
.'...City.. IIlC'JIIn.c' the City of Miami. a municipal corporation of the State of
Florida.
"City's Consultant" shall mean Spillis. Candela & Partners, Inc. as authorized
by the City Commission by ~lutiOn 97-S37. '
"Common Areas" means the total of all areas which now or at any time
hereafter. based on A.uthority's sole discretion. are within or part of the Air Transportation
Facility and made ,available for the general nonexclusive use, convenience or benefit of
Authority. Bureau and all other subtenants of the Air Transportation Facility and their '
respective employees and invitees. including. without limitation, all lobbies. entranees. stairs,
elevators. escalators. ,hallways, passageways and other interior public portions of the Air
Transportation Facility which are not specifically occupied by the Bureau or by any other
subtenant of the Air Transportation Facility and all exterior walkways. huviccaped areas,
drivewaY$. open space areas. observation deck. landing and takeoff areas, taxiway areas for
aircraft. ramp areas. aircraft parking areas and facilities, parking lots and parking facUities
within the Air Transportation Facility. Common Areas shall not include any areas outside the
boundaries of the Air Transportation Fa~ility.
"Effective Date" means the date this Sublease Agreement is last signed by the
Authority and Bureau.
"Event of Bureau's Default" has the meaning ascribed to it in Section 19.1.
"Event of Authority's Default" has the meaning ascribed to it in Section 19.2.
.
4
r
"Expense Year" means each twelve (12) consecutive month period commencing
on the 1- day of Authority's fiscal year falling within the Term, provided that Authority, upon
notice to Bureau, may change the Expense Year from time to time to any other twelve (12)
consecutive month period, and, in the event of any such change, the Airport Operating
Expense Rent shall be equitably adjusted for any Expense Year involved in any such change.
"Fair Market Rent" means the amount that shall be used to determine the Base
Monthly Rent as calculated by an independent MAl appraiser.
"Hazardous Materials" has the Q1eSIning ascn'bed to it in Section 7.1.
-<&HaZUdous Materials Laws" has the ~.lInil'lg ascn'bed to it in Section 7.1.
"Impositions" means all governmental assessments, including assessments
imposed by the City, ,ftanchise f~, excises, license and permit fees, municipal service fees,
fire service fees, levies, charg~ aDd taxes, sluding ad valorem real estate taxes on the Air
Transportation Facility, general and special, ordinary and extraordinary, foreseen or
unforeseen. or of any kind and nature whatsoever, and which shall or may, during in respect ,
to the Term, be assessed, levied, charged, confirmed, or imposed upon, or become due and
payable out of, or become a lien on the Air Transportation Facility, the land and/or
improvements thereon, or appurtenances or facilities used in connection therewith.
Impositions shall include, without limitation, all ad valorem taxes, personal property
taxes, tranSit taxes, (unless such tax or charge is payable by a Bureau directly), special or
extraordinary assessments, government levies, and all other taxes or other similar charges, if
,any, which are levied, assessed or imposed upon, or become due and payable in connection
with the Subleased Premises, the Air Transportation Facility, the land or appurteDlInres of
facilities used in connection therewith.
Impositions shall specifically exclude any rent tax, gross receipts tax, sales or
transactions tax, profits tax, inco~ tax, franchise tax, excise tax. gift tax. transfer tax any late
payment charge or penalty or any tax against the Air Transportation Facility that is paid by
Bureau as a separate charge pursuant to this Sublease.
.
s
lr
.
Notwithstanding the foregoing exclusions, if at any time during the Term the present
method of taXation or ,assessment shall be changed so that the whole or any pan of taxes,
assessments, excises, levies or other charges now assessed, levied, charged, confirmed or
imposed upon' the Subleased Premises, the Air Transportation Facility the land or
appurtenAnt'es or facilities thereto shall be discontinued or reduced and as substitute therefor or
in lieu thereof, a tax, assessment excise, levy or other charge shall be assessed, levied,
charged, confirmed or imposed, whether wholly or partially as a special assessment or
otherwise . on ~, income, profits, sales or gross received derived from the Air
Transportatio'riFacmiy, thei1 the substitute tax, ~nt, excise, levy or other charge shall
be deemed included within the term Impositions to the extent that such substitute tax would be
payable if the Subleasec;l'Prcmises ,!ere it the only property of Authority subject to such tax, '
wLeRal RequirementS" or "Applicable Laww means applicable laws, Florida
Statutes, codes, City and Dade County ordhtllnt'l"S, orders, judgments, decrees and injunctions '
from courts having jJuisdiction over the Air Transportation Facility. rules, and requirements
of State and local boards and agencies with jurisdiction over the Air Transportation Facility.
now existing or hereafter enacted, adopted, foreseen and unforeseen, ordinary and
extraordinary, which may be applicable to the Air Transportation Facility or any part of it.
"Offices" shall mean the approximately 30,000 square feet of office space used
exclusively by the Bureau. The actual square footage of the Offices to be calculated by City's
architect. The Offices shall include all lobby space. hallways, restrooms, vertical penetrations
,for mechanical. utilities, stairs and elevators on those floor(s) where the Offices are the only
use.
.Parties. means the Authority and Bureau.
.Person. means any natural person, trUSt. ftrm, partnership. corporation. joint
venture, association. or any other legal or business entity invesunent enterprise.
"Personal PropertYw means all property owned and used by the Bureau or any
sub-subtenant or Transferee of the Bureau. in connection with and located upon the Subleased
Premises. subject to rights of any secured party or title retention agreement of a third party.
..
6
~
.
"Possession Date" means the date in which (a) Bureau takes possession or
commences use of the Subleased Premises; or (b) thirty (30) days after the date Bureau shall
have received Authority's authorization to enter the Subleased Area, whichever occurs fU'St.
"Prime Interest Rate" means that rate of interest charged by First Union
National Bank of Florida (or if this bank is not in existence or D'Akit'lg loans at the Prime
Interest Rate, then the Prime Interest Rate shall be that rate so charged by the bank located in
Dade County having the largest net worth at the applicable time) from.time to time on ninety
(90) day commerc'" loans to its most creditworthy corporate borrowers.
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. "Rent" shall' mean the Base Monthly Rent, Airport Operating Expeose Rent,
, Additional Rent and any other amounts Bureau is reqJiired to pay under this Sublease.
"~on\ "subsection", "paragraph", "subparagraph", "clause", or "subclause"
followed by a number or letter,'IIX'.1.n.'1 the section, subsection, paragraph, subparagraph, clause
or subclause of this Sublease Agreement so designated.
"~", shall mean the approximate one (1) acre parcel of real property located
,
, within the Air Transportation Facility located within Watson Island Park in the City of Miami,
Florida, on which the Building will be consttueted.
"Site OPerating ~" shall mean the actual cost incurred by the Bureau
with respect to providing the mllintenance, services and repairs outlined in Sections 4.1 and
4.2.
"Sublease Date" means the date this Sublease is last signed by the Executive
,Director behalf of the Authority and Bureau, after approval by the City of Miami
Commission.
"Subleased Premises" shall mean the Visitors Center, Air MUSl"nm (if the
option provided in Section 2.1 is exercised) and Offices occupied exclusively by the Bureau.
"Sublease Year" shall mean any period of time consisting of Twelve (12)
consecutive ca1endarmonths commencing on the Possession Date and each anniversary
thereafter during the Tenn .
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"Sub-sublease" means any sublease (excluding this Sublease), sub-sublease,
liceose, concession or other agreement by which Bureau or any person or other entity claiming
under Bureau (including, without limitation, a sub-subtenant or sublicensee) demises, leases,
subleases, liceoses or sublicenses to or permits the use or occupancy by another person or
entity of any part of the Subleased Premises.
"Sub-subtenant" means any person, firm, corporation or other legal entity using
or occupying or entitled to use or occupy ,any part of the Subleased Premi~ under a Sub-
Sublease.
"
'..:, "Term" has the JDeAniTlg ascn'bed to it in Section 2.3.
"Visitors Center" shall mean the approximately 4,000 square feet located within
the first floor of the b~ding occupied exclusively by the ~u as a visitors information
center. The actual square footage of the Visito~ Center to be calcula1ed by City's architect.
,1.2 Incorporation of Exhibits. All exhibits attached to this Sublease
Agreement and referenced herein are incorporated herein as if fully set forth in this Sublease
Agreement.
ARTICLE II
DESCRIPTION AND TERM
Section 2.1 Description of Subleased Premises. The Authority hereby
subleases to Bureau, and Bureau hereby subleases from Authority, the Subleased Premises to
be located within the Air Transportation Facility located within Watson Island Park in the City
.of .Miami, Florida. The actual square footage of the Subleased Premises to be adjusted upon
completion of constnlction, as calculated by the City's architect, which calculations shall be
attached and become a part of this Sublease upon their availability.
To the extent space is available, the Bureau shall have the option of subleasing
the Air Museum. To exercise this option. Bureau must provide Authority with written notice
of its intent to exercise this option no later than six months from the Effective Date of this
Sublease Agreement. In the event this option is exercised. the Subleased Premises shall be
deemed to include the Air Museum.
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Authority shall transfer possession of the Subleased Premises to the Bureau on
the Possession Date. Authority shall further make available to Bureau up to thirty (30)
parking spaces, as space pennits, to be located immediately adjacent to the Subleased Premises
for its exclusive use during normal Business Hours; Monday through Friday.
Section 2.2 Common Areas. Bureau shall have the nonexclusive right (in
common with other subtenants of the Air Transportation Facility) to use the Common Areas
within the Air Transportation Facility for the purposes intended, subject to such rules and
regulations as Autb()rity may establish from time to ..
Sectioit2.3 '.;' Term 'of Sublease. ,This Sublease shall be for a term of thirty (30)
years, (the -Term-), commencing on the Possession Date and ending on the date that is thirty
(30) years thereafter,_ "unless te~ted at an earlier 'date pursuant to the termS of this
Sublease. Within thirty (30) ~ys -after the Possession Date, the Authority and Bureau, upon,
request of either party, shall execute one or more memoranda in such form as will enable them
to be recorded among the Public Records of Dade County. setting forth the beginning and
termination dates of the Term.
ARTICLE m
PURPOSE OF USE AND OCCUPANCY
Section 3.1 Use of Building. The _Bureau shall use and operate the
Subleased Premises for a Regional Visitors' Center, air museum (if the option in Section 2.1 is
-exercised) and related offices, and for all related and ancillary uses in connection therewith.
The Subleased Premises shall not be used for any other purpose without the prior written
consent of the Authority, which consent may be withheld in the Authority's sole discretion.
This Sublease and all rights of Bureau hereunder shall, at the option of the Authority. cease
and terminate upon discontinuance of the stated use and operation of the Subleased Premises,
after having fl1'St been given written notice by Authority of the violation and/or default as
provided in Section 19.1 and after having frrst been given the opportUnity to cure said
violation within the time frame set forth in said Section 19.1.
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Section 3.2 Continuous Duty to ODerate. Except where the Subleased Premises is
rendered untenantable by reason of frre or other casualty, Bureau shall at all times during the
term of this Sublease (i) occupy the Subleased Premises upon the Possession Date; (ii) shall
thereafter continuously conduct operations in the Subleased Premises in accordance with the
terms of this Sublease and (iii) keep the Subleased Premises open for operation during hoon
usual for this type of facility .
If the Bureau fails or refuses to satisfy any of the foregoing requirements in items (i)
through (ill), then, in such event Authority sbaI1 have the right, in addition to all remedies
00 .... .
herein provided for' Default, to collect, and Bureau sba11 be obligated to pay, as Additional
RaIt, one hundred dollars and 00/100 ($100.00) for each day that Bureau does not comply
with'said requirements...:
ARTICLE IV
BUREAU'S SERVICES
Section 4.1 Services. Bureau shall make available, at its sole cost and expense,
the following services to the Site and Building:
(a) heating, ventilation and air conditioning required in Authority's judgment for the
comfortable use and occupation of the Building;
(b) water and sewage facilities;
(c) pest control;
(d) interior and exterior lat)ilS('aping;
(e) exterior grounds maintenance and cleanup seven (7) days a week;
(f) security as is required for similar terminal facilities;
(g) electric current for normal use and light, seven days a week, 24 hours a day;
(h) janitorial services including bandytnan services which shall be able to perform
minor plumbing repairs, seven days a week, as are normal and usual in comparable
Class A Buildings and terminal facilities;
(i) elevator service (if appropriate), seven (7) days a week, 24 hours a day;
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(j) all standard incandescent and florescent bulb replacement, including ballast
replacement, in the Building and on the Site;
The above level of services may be modified by the Bureau, as approved by the
Authority, based on the actual demllnds of the Building and Site.
Section 4.2 ReDairs. Bureau shall, at its sole cost and expense, provide all
maintenance, including preventive ynllintenance, repairs and replacements, as necessary, to the
Site and Building including, but not limited to, the pavement, driveways, lighting, Building
interior walls, ceilings," plumbing, heating, air conditioning, electrical and life safety systemS
installed or furms~ by the Authority. All mllintenance, repairs and replacements sbal1 be
performed in a mlIn~ and level of service satisfactory to the Authority. '
Section 4.3 Cost for Services and Repairs. Notwithstanding the. above
provision of services, ~ and repairs by the Bureau, at its sole cost, any and all
subtenants utilizing the Building, including the Bureau, shall pay a proportionate share of the
Site and Building operating expenses to cover the actual costs of the services and repairs
, referred to in Sections 4.1 and 4.2 hereof (collectively the "Site Operating Expenses"). Such
proportionate share shall be computed based upon the square footage rented by the respective
subtenant divided by the total rentable square footage of the Building. In the event any injury
or damage to the Building or the Site is caused by the negligence or intentional acts of the
Bureau or subtenant, their employees, agents, contractors, licensees or invitees, the partY so '
responsible for such injury or damage shall, at its sole cost, pay for such repair and/or
'replacement required.' The ynllnner of reimbursement to the Bureau of those costs of
providing the services outlined in Sections 4.1 and 4.2 beyond the Bureau's proportionate
share shall be as more particularly set forth in the agreements between the Authority and the
respective subtenant.
Section 4.4 Subtenants' Services. Each subtenant, including the Bureau, shall
be required to furnish and pay, at subtenant's sole expense, all other utilities (including, but
not limited to, electric, telephone and cable television service, if available and hook-up and
connection charges) and other services which subtenant requires with respect to its use of the
.
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BuUding. Each subtenant sball be required. at its sole cost and expense. to keep and maintain
~ good order. condition and repair at all times the Building area it utilizes including. without
limitation, nonstruCtural. interior portions. systems and equipment. floor coverings. decoration
(e.g.. carpeting, painting, wall coverings, drapes and other window treattnents, refinishing,
\
etc.), fixtures and equipment therein, excluding only those repair obligations assumed by the
Bureau in Section 4.2.
Section 4.5 City and Authority Not Liable for Fauure of UtilitieS. City and
Authority shall no~ be liable (other than for their own or any of their agents, servants and
employees grOss ~giigence) for any failure of water supply, sewer, gas or electric current, or
for any injury or damage to any Person or Ploperty caused by or resulting from any water,
sewer" gas or electricity,wbich ma>: leak or flow from the water, sewer or gas mains on to any
part of the Subleased Premi- ~r the BuUding.
ARTICLE V
AUTHORITY'S SERVICES
Section 5.1 Authority's Maintenance ObliRations. Except as provided for in
Article IV of this Sublease, the Authority shall repair and maintain the Common Areas, the
public areas, and any structural portions of any buUdings owned by City in the Airport
Transportation FacUity, including the exterior walls, underfloorlng and roof, the cost of which
shall be included in the Airport Operating Expenses, unless such maintenance and repair
.becomes necessary in whole or in part due to: (i) the misuse, act, neglect, fault or omission of
Bureau, its employees, agents, customers, licensees, or invitees in or about the Air
Transportation FacUity; (ii) any damage occasioned by the failure of Bureau to perform or
comply with any tenDS. conditions, or covenants of this Sublease; (iii) any structural
alterations or improvements required by Bureau's use and occupancy of the Subleased
Premises, in which case the Bureau shall pay to Authority the entire cost of such maintenance,
repair or alteration. The Base Monthly Rent, Airport Operating Expense Rent and any
Additional Rent shall not be reduced and Authority shall not be liable under any circumstanceS
.
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for a loss of, or injury to, property, loss of profits, or for injury to or interference with
Bureau's business arising from or in connection with the making of or Authority's failure to
make any repairs, mainteaance, alterations or improvements in or to any portion of the Air
Transponation Facility or in or to fixtureS, appurtenlllV'es and equipment therein. Bureau
hereby waives and releases its right to perform repairs at Authority's expense under any law,
statute, or ordinance now or hereafter in effect in the State in which the Air Transportation
Facility is located.
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ARTICLE VI
CONSIDERATION
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Section 6.1 Base Monthlv Rent.
From and after ~ POsSession Date, Buteau'sha11 pay to Authority, in advance, on the
first day of each and every calendar month during the Term, the Base Monthly Rent. The Base
Monthly Rent for the Offices as of the Possession Date, which Bureau hereby agrees to pay in
advance to Authority and Authority hereby agrees to accept, shall be calculated on the basis of
the Fair Market Rent as provided in the Funding Agreement attached hereto as Exhibit "A".
The establishment of the Fair Market Rent determination shall take into account the value of
.....
the Bureaus' Construction Contribution which shall be used as a credit or a reduction in
determining the actual Base Monthly Rent. The Base Monthly Rent shall be fixed for the
Term of this Sublease.
Bureau shall pay to Authority the amount of any sales or similar tax imposed by the
State of Florida, if applicable, or any subdivision thereon on the Rents and other charges
payable by Bureau under this Sublease including any sales or similar tax which may be due on
the amounts received by Bureau as a credit for Bureau's Construction Contribution. Such
payments on account of sales or similar taxes shall be paid together with the corresponding
amounts due under this Sublease and the obligation to pay same shall survive the expiration or
earlier termination of this Sublease.
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Section 6.2 Bureau's Share of AirPort ODeratioK Exoenses.
(a) Bureau's Share. In addition to the payment of Base Monthly Rent,
Bureau shall also pay to Authority Bureau's pro rata share of the annual Airport Operating
Expenses ("Airport Operating Expense Rent"). The Bureau's pro rata share of the anmlal
Airport Operating Expenses shall be as determined by Ricondo and Associates, the City's
aviation consultant. The Airport Operating Expense Rent calculated for any partial Sublease
Year shall be equitably prorated based upon a 36S-day year.
. (b) :. Statement of Estimated AirPort ODera~ Exoenses. Within thirty (30)
days prior tCj. the '~mmenicement of each Expense Year, Authority shall give Bureau an
estimated yearly'expense statement (the "Airport Operating Expense Estimate") which sbal1 set
forth Authority's reasonable estimate of the total Airport Operating Expenses for the then
current Expense Year. Each AirpOrt Operating Expense Estimate shall be divided into twelve
(12) equal monthly installments. Bureau shall pay to Authority such monthly installment of
Airport Operating Expense Rent with each monthly payment of Base Monthly Rent for the
Subleased Premises. If at any time during any Ex~nse Year it shall appear that Authority bas
underestimated Bureau's pro rata share of the annual Airport Operating Expenses for such
Expense Year, Authority may re-estimate Bureau's pro rata share of Airport Operating
Expenses and may bill Bureau for any deficiency which may have accrued during said Expense
Year and thereafter the monthly installment payable by Bureau shall be adjusted to reflect the
re-estimated amount of Airport Operating Expense Rent due.
In the event the estimated amount of Airport Operating Expense Rent has not yet been
determined for any Expense Year, Bureau shall pay the monthly installment in the estimated
amount detennined for the preceding Expense Year until the estimate for the current Expense
Year has been provided to Bureau. At such time as the estimate for the current Expense Year
is received, Bureau shall then pay any shortfall for the preceding months of the Expense Year
and shall, thereafter, make the monthly installment payment in accordance with the current
estimate. In the event the sums of estimated Airport Operating Expense Rent actually paid for
.
the preceding months of the Expense Year exceeds the estimated amount of Airport Operating
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Expense Rent due. the' difference shall be applied as a credit to future Airport Operating
Expense Rent payments due to Authority. Any delay by Authority in delivering the Airport
Operating Expense Estimate sball not be deemed a waiver of the right of Authority to collect
the Airport Operating Expense Rent.
(c) Actual Airoort QoeratiM. Expenses. As soon as reasonably possible
following the end of each Expense Year. Authority shall determine and provide to Bureau a
statement ("Airport Operating Expense Statement") setting forth the amount of Airport
Operating. Expenses actually incurred and the amount of Airport Operating Expense Rent
actually payable b;:BureaU' with respect to such Expense Year. In the event the amount of
such Airport Operating Expense Rent exceeds the sum of ' the monthly installments actually
paid by Bureau for such: Expense ~ear. Bureau shall pay to Authority. ,within thirty (30) days
following receipt of the actUal' Aiiport Operating Expense Statement, the difference. In the
event the sum of such installments exceeds the amount of Airport Operating Expense Rent
actually due and owing, the differCnce ~hall be applied as a credit to future Airport Operating ,
Expense Rent payable by Bureau. If the Term has expired and Bureau has vacated the
Subleased Premises, when the final determination is made and if amounts are owed to
Authority. Bureau shall, within thirty (30) days after receipt of notice from Authority, pay
such excess to Authority and if Bureau has overpaid, Authority will, within thirty (30) days
after such determination, refund such excess to Bureau ,provided Bureau's vacation of the
Subleased Premises was not as a result of a Default. The provision:> of this paragraph shall
'surVive the expiration or earlier termination of the Term.
(d) Audit RiJdlts. In the event the Bureau disputes Authority's
determinations set forth in the Airport Operating Expense Statement and delivers written
notice of such dispute within thirty (30) days of receipt of the Airport Operating Expense
Statement, Bureau shall have the right, at its sole cost and expense, to conduct an audit by a
certified public accountant acceptable to Authority of Authority's records relating to the
Airport Operating Expense Statement disputed. Such audit shall be conducted at a time and
place acceptable to Authority and shall be limited in scope to the Expense Year referenced in
IS
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the Airport Operating Expense Statement disputed. All records shall remain in the possession
of Authority. Bureau may purchase copies of said records at such cost is reasonable to cover
the cost of said reproduction. In the event such audit has been perfonned by a certified public
accountant acceptable to the Authority and shows a discrepancy in the amounts charged to
Bureau under the Airport Operating Expense Statement, Bureau shall, in the event of
overpayment. receive a credit against the next installment(s) of Airport Operating Expense
Rent payable by Bureau to Authority. or in the event of underpayment. Bureau shall pay the
difference to, Authority, within thirty (30) days following receipt of the audit report.
Sectio~ 6.3 '"':' Security Deposits. In addition to the Rent as descn'bed in this Article.
on or before the "Possession Date. the Bureau shall deposit an amount equal to six months Base
Monthly Rent as a security deposit (the -Security Deposit"). The Security Deposit shall be
placed by the Authority in an interest bearing account with all interest earned thereon being ,
credited to Bureau. subject to a default by Bureau, with said interest earned rema;n;ng in said
escrow account until such time as the Security Deposit is returned to Bureau as outlined
below. The Security Deposit will be segregated in an interest bearing escrow account and not
commi11g\ed with the Authority's general funds.
The Security Deposit shall be considered as security for the payment of all of Bureau's
obligations, covenants and agreements under this Sublease. Within thirty (30) days after (1)
either this Sublease expires or upon the earlier termination of this Sublease (whichever
applies). and (2) Bureau has delivered to Authority possession of the entire Subleased Premises
'in the same condition or better than existed on the possession Date. ordinary wear and tear
excepted. Authority shall (provided that the Bureau is not in default under the terms of this
Sublease) return the Security Deposit to the Bureau less any portion that the Authority shall
have used to make good any default of Bureau. In the event of any such default by the
Bureau. Authority shall have the right, but shall not be obligated, to apply all or any portion of
the Security Deposit plus accrued interest to cure the default, in which event the Bureau shall
be obligated to deposit with the Authority the amount necessary to restore the Security Deposit
to the amount in effect prior to the deduction. The Security Deposit shall not be deemed
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liquidated damages and application of the Security Deposit to reduce Authority's damages,
shall not preclude Authority from recovering ,from Bureau all additional damages incurred by
Authority .
In the event of a sale or transfer of Authority's interest in the Subleased Premises,
Authority shall have the right to transfer the Security Deposit to such transferee and thereafter
Authority shall be released from allliabUity relating to the return of the Security Deposit plus
accl11ed interest, and Bureau shall look to such transferee for the return of the Security
Deposit. '
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Section 6.4 . AdditiOnal Rent. In addition to the Base Monthly Rent and Airport
Operating Expense Rent UDder Sections 6.1 and 6.2, and all other payments or charges
payable by Bureau, however de~ted, are called "Additional Rent". Unless this Sublease
provides otherwise, all AdditioDal' Rent 'shall be paid with the next installment of the Base
Monthly Rent.
Section 6.5 ,Interest on Late Payments. Any payment made by Bureau for any
rental, fee or charge as required to be paid under the provisions of this Sublease, which is not
received by Authority within ten (10) days after same shall become due, shall be subject to
in~rest at the Prime Interest Rate, or such other rate as specified as the general interest rate on
obligations in Florida by Chapter 687, Florida Statutes. whichever is hjgher, from the date
such payment is due until such time as the payment is actually received by the Authority.
Section 6.6 Place of Payment. Payment of the Base Monthly Rent, Airport
'Operating Expense Rent, Additional Rent and all other charges deemed to be Rent under this
Sublease shall be without prior notice, deduction. offset or demand. shall be in lawful money
of the United States of America and shall be made at the address set forth for Authority or
such other party or such other address as may be designated by Authority from time to time.
If Authority shall at any time or times accept Rent after it shall become due and payable. such
acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as
a waiver of any or all of Authority's rights hereunder.
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ARTICLE VII
HAZARDOUS MATERIALS
Section 7.1 Handlin2 of Hazardous Materials. Bureau shall, at its sole cost and
expense, at all times and in all respects comply with all federal, state and local laws, statutes,
.
ordinant'~S and regulations, rules, rulings, policies, orders and administrative actions and
orders ("Hazardous Materials Laws"), including, without limitation, anY''lIazardous Materials
Laws relating to industrial hygiene, environmental protection or the use, analysis, generation,
storage, disPOsal ~i' transportation of any fuel, oUs, flammable explosives, asbestos, urea
". formaldehyde, radioacUve materials or waste, infectious waste, or other hazardous, toxic,
contaminated or pollu~ materials, substances or wastes, including, without limitation, any
"Hazardous Substances"," "Hazardous Wastes" , "Hazardous Materials" or, "Toxic
Substances", under, any such laws, ordinant'.es or regulations (collectively "Hazardous
Materials"). Bureau,sball, at its sole cost and expense, procure, maintain in effect and comply
with all conditions, of any and all permits, licenses and other governmental and regulatory
approvals relating to the presence of Hazardous Materials within, on, under or about the
Subleased Premises required for Bureau's use of any Hazardous Materials in or about the
Subleased Premises in conformity with all applicable Hazardous Materials Laws and prudent
industry practices regarding management of such Hazardous Materials. Authority recognizes
and agrees that Bureau may use materials in normal quantities that are applicable to the use of
"the Subleased Premises for the purposes stated herein and that such use by Bureau shall not be
deemed a violation of this Section, so long as the levels ~ not in violation of any Hazardous
Materials Laws.
Bureau shall, at its sole cost and expense, be responsible for performing any removal,
remediation, cleanup or restoration required as a result of a release of Hazardous Materials in
or about the Subleased Premises, caused by the placement of Hazardous Materials in or about
the Subleased Premises, or used by Bureau or at Bureau's direction or by Bureau's failure to
comply with any Hazardous Materials Laws.
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Upon termination or expiration of the Sublease, Bureau shall, at its sole cost and
expense, cause all Hazardous Materials, including their storage devices. placed in or about the
Subleased Premises by Bureau or its employees. members. agents or guests or at Bureau's
direction to be removed from the Subleased Premises and transported for use, storage or
disposal in accordaQce and cogtpliancc with all applicable Hazardous Materials Laws.
Authority acknowledges that it is not the intent of this Article vn to prohibit, Bureau from
operating the Subleased Premises for the use described in Section 3.1. Bureau may operate
according to the custom of the industry so long as the use or presence of Hazardous Materials
is strictly anci\;ro~tiy monitored according to all applicable governmental requirements.
Section 7~2 Indemnification. Bureau shall indemnify, protect, defend and hold
City and Authority free and harm1~s from and against any and all claims, liabilities. penalties,
forfeitures, losses and expetJSeS (uicluding attorneys' fees) or death of or injury to any person
or damage to any property whatsoever, arising from or caused in whole or in part, directly or
indirectly, by the presence in or about the Subleased Premises of any aazardous Materials
,
placed in or about the Subleased Premises or used by Bureau or at Bureau's direction or by
Bureau's failure to comply with any Hazardous Materials Law or in connection with any
removal, remediation, cleanup, restoration and materials required hereunder to return the
Subleased Premises and any other property of whatever nature to their condition existing prior
to the appearance of the Hazardous Materials.
Section 7.3 Disclosure, Warninl!: and Notice Oblil!:ations. Bureau shall comply with
'all laws, ordinll"res and regulations in the State of Florida regarding the disclosure of the
presence or danger of Hazardous Materials. Bureau acknowledges and agrees that all
reporting and warning obligations required under the Hazardous Materials Laws are the sole
responsibility of Bureau, whether or not such Hazardous Materials Laws permit or require
Authority to provide such reporting or warning, and Bureau shall be solely responsible for
complying with Hazardous Materials Laws regarding the disclosure of, the presence or danger
of Hazardous Materials. Bureau shall immediately notify Authority, in writing, of any
complaints, notices, warning, reports or asserted violations of which Bureau becomes aware
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relating to Hazardous Materials on or about the Subleased Premises. Bureau shall also
immediately notify Authority if Bureau knows or has reason to believe a complaint, notice,
warning, report or asserted violation will be released on or about the Subleased Premises.
Scetion 7.4 Environmental Tests and Audits. Bureau shall not perform or cause to
be performed, any Hazardous Materials surveys, studies, reports or inspections, relating to the
Subleased Premises without obtaining Authority's advance written consent, which consent will
not be unreasonably denied. At any time during the Tetm, Authority sball bave the right to
enter upon the Sub,cased Premises in order to conduct appropriate tests to establish whether
the Sublcascd'Premi~ is in' compliance with all applicable Hazardous Materials Laws.
Section 7.S Survival of Bureau's Obliaations. The respective rights and obligations
of Authority and Bureau' under this Article vn shall survive the expiration or termination of
this SubleUc. .-
ARTICLE vm
LICENSES; COMPLIANCE WITH LAWS
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Section 8.1 Licenses and Permits. The Bureau shall, at Bureau's sole cost and
expense, obtain any and allliccnses and permits necessary and in connection with Bureau's use
and occupancy of the Subleased Premises and its maintenance of the Building and Site.
Section 8.2 ,Compliance with Laws. Bureau accepts this Sublease and hereby
acknowledges that Bureau's compliance with all Applicable Laws, ordinltnt''''S and codes of
,federal, state and local governments, as they may apply to this Sublease, including but not
limited to building codes and zoning restrictions, is a condition of this Sublease and Bureau
shall comply therewith as the same presently exist and as they may be amended hereafter.
ARTICLE IX
ALTERATION OF PREMISES
Section 9.1 Chan2c1Alterations. Except during the initial constrUCtion of the
Building which shall be handled in accordance with the terms and conditions of the Funding
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Agreement and for purposes of providing services and repairs U outlirlcd in Sections 4.1 and
4.2, the Bureau shall not make any alterations, additions, and changes, including, without
limitation, installing or causing to be installed any trade flXtures, exterior signs, exterior
machinery, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings
(collective.ly "Alterations") in and to the Subleased Premises or any part thereof expressly
required by this Sublease or any part thereof without the prior written consent of Authority,
which consent may be withheld in Authority's sole discretion. Any constnlction undertaken in
o.r to the Subl~ Premises shall be performed in accordance with this Article and the other
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obligations ohliis SUblease:
Section 9.2 Manner of ConstrUCtion. Authority may impose, U a
coD<:lition of its consent, 'to all Alte~tions or repairs on or about the Subleased Premises, such
reciuireJnents u Authority," in- its' sole discretion, may deem. desirable, including, but not '
limited to, the requirement that Bureau obtain bonds and Builder's Risk Insurance. ' Bureau
shall construct such Alterations or repairs in conformanccwith any ~ all applicable rules and
regulations of any Federal, State, County or municipal code or ordinance and pursuant to a
valid building permit, issued by the local jurisdiction in which the Subleased Premises is
located. In any event, a licensed contractor shall perform all mechanical, electrical, plumbing,
air conditioning, permanent partition and ceiling tile work, and such work shall be performed
at Bureau's sole cost. All work, with respect to any Alterations or repairs, must be done in a
good and workmanlike manner and diligently prosecuted to completion. Upon completion of
'any Alterations, Bureau agrees to deliver to Authority a copy of the IOU built" drawings of the
Alterations, if the Alterations would customarily generate "as builts" and record any necessary
notices to evidence completion as would be customary in the State where the Subleased
Premises is located. Any such Alterations shall be perfonned and done strictly in accordance
with the laws.and ordinances relating thereto. In performing the work of any such Alterations,
Bureau shall have the work perfonncd in such manner as not to obstruct the access to the
Common Areas and Air Transportation Facility or to any subtenant, invitee or licensee of the
Air Transportation Facility.
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Section 9.3 Mechanics'Liens. The Bureau shall not knowingly suffer or pennit any
mechanics' liens to be f1led against the title to the Subleased Premises, the Building, the Site
or the Air Transportation Facility, nor against the Bureau's interest in the property, nor
against any Alteration by reason of work, labor, services or materials supplied to the Bureau
or anyone having a right to possession of the Subleased Premises, the Building, the Site or the
Air Transportation Facility as a result of an ~greement with or the consent of Bureau. Nothing
in this Sublease sball be construed as constituting the consent or request of the Authority,
expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or
materialman 'tot ~:' perforinant'.e of any labor or the furnishing of any materials for any
specific Alteration, or repair of or to the Subleased Premises, the Building or the Site nor as
giving the Bureau the right, power, or authority to contract for or permit the rendering of any
services of the furnishing of any materials that would give rise to the filing of any mechaniC$
liens against the Authority's interest in the Subleased Premises, the Building, the Site or the
Air Transportation Facility. If any mechanics' lien sball at any time be f1led against the '
Subleased Premises. the Building, the Site or the Air Transportation Facility, the Bureau sbal1
cause it to be discharged of record within thirty (30) days after the date the Bureau bas
knowledge of its filing. If the Bureau sball fail to discharge a mechanics' lien within that
period, then in addition to any other right or remedy, the Authority may, but sball not be
obligated to, discharge the lien either by paying the amount claimed to be due or by procuring
the discharge of the lien by deposit in court of bonding, or in the event the Authority sball be
entitled, if it so elects, to compel the prosecution of any action for the foreclosure of the
mechanics' lien by the lienor and to pay the amount of the judgment, if any, in favor of the
lienor with interest, costs and allowances with the understanding that all amounts paid by the
Authority shall constitute Additional Rent due and payable under this Sublease and shall be
repaid to the Authority by the Bureau immediately upon rendition of any invoice or bill by the
Authority. The BUreau shall not be required to payor discharge any mechanics I lien so long
as the Bureau shall in good faith proceed to contest the lien by appropriate proceedings and if
the Bureau shall have given notice in writing to the Authority of its intention to contest the
,
!
j
i
l
22
.-
validity of the lien and shall furnish and keep in effect a surety bond of a responsible and
substantial surety company reasonably acceptable to Authority or other security reasonably
satisfactory to Authority in an amount sufficient to pay one hundred ten percent of the amount
of the contested lien claim with all interest on it and costs and expei1scs, including reasonable
attorneys' fees to be inc\llTCd in connection with it.
Section 9.4 Chan2cs and Additions to Air TraDSPOrtation FacUity. Authority
reserves the right at any thnc and from time to time (a) to make or permit changes or revisioDS
in its plan f~r the. Air Transportation FacUity including additioDS to, subtractions from.
rcarrangcmcDta ; of, . :8tteratioDS of, modificatioDS of or supplcmcntsto the building areas,
walkways, parkiDg areas, driveways or other Common Areas, (b) to construct other bulldiDgs
or improvements in the, Air Transportation Facility and to make alterations thereof or additions
thereto and to build additional stones on any such building or buildings and to build adjoining
same, (c) to make or permit changes or revisions in the Air Transportation Facility, including,
additions thereto, and to convey all or portiODS of the Air Transportation FacUity to others for
the purpose of const1UCting thereon other buildings or improvements, including additions
thereto and alterations thereof and (d) to change location, size, content and design of any
signage for the Air Transportation FacUity and no such change shall entitle Bureau to any
abatement of Rent. Notwithstanding the rights of the Authority above, in the event the change
or addition is to the Subleased Premises or the Building, the Bureau shall first consent to such
change or addition, which consent sball not be unreasonably withheld. Bureau or Authority's
'costs of operation and maintenance of the Building, the Site or Airport Transportation Facility,
respectively, as such facUities may be modified pursuant to this Section (including, without
limitation, all charges for janitorial services, water, sewer, electricity, telephone and the repair
costs for the changes) shall be a part of the Site Operating Expenses or Airport Operating
Expenses, as appropriate.
23
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ARTICLE X
AUTHORITY'S INSPECTION AND RIGHT OF ENTRY
Section 10.1 InsDection by Authority. Authority shall have the authority to make
periodic reasonable inspections of all the Subleased Premises and improvements thereof,
during normal worldng hours to detel'Jl1ine: if such are being maintained in a neat and orderly
condition. Such periodic inspections may also be made at the Autl1erlty's discretion to
determine ,wbether:~urcau is operating in compliance with the terms and provisions of this
Sublease. . .
Section 10.2 Authority's RiJdlt of Entry. Bureau agrees to permit Authority to enter
upo~ the Subleased ~ at' ,all reasonable times, for any purpose Authority deems
neCessary to, incident to, 'or, coiuiccte4 with the performance of Authority's duties and
obligations hereunder or in the exercise of its rights and functions. Authority and its
authoriZed represe~tive shall have at all times access to the Subleased Premises. Authority
will mAintain ,a complete set of keys to the Subleasecf'Premises.
ARTICLE XI
INDEMNIFICATION AND INSURANCE
Section 11.1 Indemnification.
(a) Indemnification by Bureau. Bureau shall indemnify, protect, defend
.and hold harmless the Authority and the City, their officials and employees, from and against
any and all claims, suits, actions, dimages or causes of action of whatever naWIe arising out
of the use or operation of the Subleased Premises, whether such claim shall be made by an
employee or member of Bureau, an employee of the Authority, an employee of the City, C)r by
any third party, and whether it relates to injury to persons (including death) or damage to
property and whether it is alleged that the Authority or the City, or their employees or
officials were negligent. Bureau shall, at its own cost and expense, pay and satisfy all costs
related to any orders, judgments or decrees which may be entered thereon, and from and
.
24
,.
against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of
any such claims and the investigation thereof. Bureau shall further indemnify, defend, protect
and hold Authority and City bannless from and against any and all claims arising from any
breach or default in performance of any obligation of Bureau's part to be performed under the
terms of this Sublease, or uising from any act, neglect, fault or omission of Bureau, its
members, agents, contractors, employees and servants and from and against all costs,
attorneys' fees, expenses and liability incurred in connection with such claim or any action or
proceeding ti~ught, thereon. In case any action or proceeding shall be brought against
. ,-:. .~. .
Authority mJloi: City by reason of any claim, Bureau upon notice from. Authority or City shall
defend the same' at Bureau's expense by counsel approved in writing by Authority and City.
Authotity and City reserVe the ~ to defend themselves.
Bureau sball ,immediatelY nOtify Authority aDd City, in writing, of any claim or action
filed, of whatever nature" uising out of the use or operation of the Subleased Premises by
Bureau, its members, agents, contractors, employees or servants. Bureau shall also
immediately notifY Authority and City if Bureau knows or has reason to believe a claim or
action will be filed, of whatCvernature, arising out of the use or operation of the Subleased'
Premises by Bureau, its members, agents, contractors, employees or servants.
Section 11.2 Insurance. Bureau. at its sole cost and expense. shall obtain and
maintain in full force and effect at all times throughout the period of this Sublease and through,
any periods of extensions, the following insurance:
, ,<a> Commercial General Liability insurance on a comprehensive general liability
coverage form. or its equivalent. including contractual liability, products and completed
operations. personal injury, and premises and operations coverages against all claims, demllnd!;
or actions, bodily injury, personal injury, death or property damage occurring in, on or about
the Subleased Premises with such limits as may be reasonably requested by the Authority from
time to time but not less than $1,000,000 per occurrence combined single limit for bodily
injury and property damage. The Authority and City shall be named as Additional Insured on
the policy or policies of insuranCe.
2.5
'."
.
(b) .. All Risk" property insurance coverage against loss or damage by fR,
windstorm, flood with such endorsement for extended coverage, vandalism, malicious
mischief, water damage to contents, sprinkler leakage and special coverage, insuring one
hundred percent (100%) of the replacement cost of the Bureau's alterations, improvements,
fIXtures, equipment, furniture, personal property, trade fIXtures and floor coverings in and
about the Subleased Premises. The City, Authority and Bureau shall be named as Loss
Payees.
(c). Auto~obile liability insurance covering all owned, non-owned and hired
vehicles useci'iri co~~ori with operations covered by this agreement. The policy or policies
of insurance slWlcontain such limits ~ may be reasonably requested by the Authority from.
time to time but not, less than $300,000 for bodily injury and property damage. The
requirements of this provisitin may be waived upon submission of a written statement that no
automobiles are used to conduct business.
(d) Worker's Compensation in the form and amounts required by State law.
(f) The Authority reserves the right to ~end the insurance requirements by the
issuance of a notice in writing to Bureau. The Bureau shall provide any other insurance or
security reasonably required by the Authority.
(g) The policy or policies of insurance required shall be so written that the policy
or policies may not be canceled or materially changed without thirty (30) days advance written
notice to Authority. Said notice should be delivered to the address indicated herein for
'Authority or to such other address as may be designated by Authority from time to time.
(11) A current Evidence of Insurance and Policy of Insurance evidencing the
aforesaid required insurance coverage shall be supplied to the Authority on or before the
Possession Date and a new Evidence and Policy shall be supplied at least twenty (20) days
prior to the expiration of each such policy. Insurance policies required above shall be issued
by companies authorized to do business under the laws of the State of Florida, with the
following quaiifications as to management and fmancial strength: the company should be rated
.. A" as to management, and no less than class "X" as to financial strength, in accordance with
26
the latest edition of Best's Key Rating Guide, or the company holds a valid Florida Certificate
of Authority and is a member of the Florida Guarantee Fund. Receipt of any documentation
of insurance by the Authority or by any of its representatives which indicates less coverage
than req1lired does not constitute a waiver of the Bureau's obligation to fulfill the insurance
requirements herein.
In the event Buteau sball fail to procure and place such insurance, the Authority may,
but shall not be obligated to, procure and place same, in which event the amount of the
premium paid s~. be paid by Bureau to the Authority as Additional Rent upon demand and
shall in each':~ be collectible on the first day of the month or any subsequent month
following the date of payment by the Authority. Failure to, pay such amount within the time
~provided sball ~nstitute a ~faultof this Sublease as provided in Section 19.1 below.
Bureau's failure to procure'~ shall in no way release Bureau from its obligations and
responsibilities as provided herein.
Section 11.3 . Waiver of Subr02ation. Bureau waives all rights to recover against the
Authority and City, or their officers. employees, agents and representatives. for any damage
arising from any cause covered by any insurance required to be carried by Bureau, or any
insurance actually carried by Bureau. The Bureau sball cause its insurer(s) to issue
appropriate waiver of subrogation rights endorsements to all policies of insurance carried in
connection with the Subleased Premises.
Section 11.4 No Liability of Authority or City. Authority and City shall not be
,liable for injury or damage which may be sustained by a person. goods. wares. merchandise or
other property of Bureau. or Bureau's employees. invitees. officers. agents and customers. or
by any other person in or about the Subleased Premises caused by or resulting from any peril
which may affect the Subleased Premises. including, without limitation, fire. steam.
electricity. gas. water or rain. which may leak or flow from or into any part of the Subleased
Premises. or from the breakage. leakage, obstruction or other defects of the pipes. sprinklers.
wires. appliances, plumbing. air conditioning or lighting flXtures of the Subleased Premises
whether such damage or injury results from conditions arising upon the Subleased Premises,
27
or upon other portions of the Air Transportation Facility, or from other sources. Authority
and City shall not be liable for any damages arising from any act or neglect of: (a) any other
subtenant of the Air Transportation Facility; or (b) any officer, employee, agents,
representative, customer, visitor or invitee of any such subtenant.
.
ARTICLEm
DAMAGE AND DESTRUCTION
Section 12.1. Destruction of Subleased Premises. If during the Term or any extension
thereof, the Sti()I~ Preniises shall be damaged by tire or other casu8lty (the "Casualty-),
but the Subleased ~i!ll!s shall not be thereby rendered 'wholly or partially untenantable,
Au$o~ty shall promptly cause su~h damage to be repaired, subject to collection of sufficient
insUrance proceeds, and t:hete shall be no abatement of Rent. If, as the result of Casualty, the
Subleased Premises shall be rendered wholly or partially untenantable, then subject to the
provisions of Section 12.2, Authority shall cause such damage to ,be repaired and, provided
such damage is not caused by the negligence of Bureau, its members, agents, concessionaires.
officers, employees, contractors, licensees or invitees, all Rent (other than any Additional Rent "
due Authority by reason of Bureau's failure to perform any of its obligations hereunder) shall
be abated proportionately as to the portion of the Subleased Premises rendered untenantable ',.
during the period of such untenantability. All such repairs shall be made at the expense of the
Authority. to the extent insurance proceeds are available, subject to Bureau's responsibilities
'as set forth herein. Authority shall not be liable for interruption to Bureau's business or for
damage to or replacement or repair of Bureau's personal property (including, withOut
limitation, inventory, trade fixtures, floor coverings, fuminue and other property removable
by Bureau under the provisions of this Sublease) or to any improvements installed in the
Subleased Premises. all of which damage, replacement or repair shall be promptly undertalcen
and completed by Bureau.
Section 12.2 Authority's Option to Tenninate Lease. If the Subleased Premises is
(a) rendered wholly untenantable or (b) damaged as a result of any cause which is not covered
28
by Authority's insurance or (c) damaged or destroyed in whole or in part during the last three
(3) years of the Term, or (d) if the building which contains the Subleased Premises is damaged
to the extent of 50% or more of Building gross floor area is affected, or (e) if insurance
proceeds received are insuffIcient to complete the repairs, then, in any of such events,
Authority may elect to terminate this Sublease by giving to Bureau notice of such election
within ninety (90) days after the occurrence of such event. If such notice is, given, tho rights
and obligations of the parties shall cease as of the date of'such notice, and Rent (othertban any
Additional. Rent due. Authority by reason of Bureau's failure to ~rform any of its obligatioDS
hereunder) shin be' ;~justed' as of the date of such termination. Bureau waives any right to
cancel this Sublease as a result of damage to the Subleased ,Premises because of tire or other
catastr9Phe pursuant to ,any prese~ existing statute, any statute that may be enacted in the
future, or any other law. ' ", "
Section 12.3 Demolition of Buildin2. If the Building shall be so substantilllly
damaged that it is ,reasonably nec-essary in Authority's sole judgment to demolish such,
Building for the purpose of reconstruction, Authority may demolish the same in which event
the Rent shall be abated to the same ~tent as if the Subleased Premises were rendered
untenantable by a Casualty.
Section 12.4 Insurance Proceeds. If Authority does not elect to terminate this
Sublease pursuant to Section 12.2, Authority shall disburse and apply any insurance proceeds
received by Authority to the restoration and rebuilding of the Air Transportation Facility in
.acco~ with Section 12.1 hereof. All insurance proceeds payable with respect to the Air
Transportation Facility (excluding proceeds payable to Bureau pursuant to Section 11.2) shall
belong to and shall be payable to Authority.
ARTICLE xm
BUILDING NAME
Section 13.1 Name of Buildin~. It is of material importance to Bureau due to its
reputation and standing in the community that the Building maintain a professional and
29
..
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reputable name. AB of the possession Date, the Building shall be known as "Greater Miami
Visitors and Aviation Center". In the event Authority desires to rename the Building,
Authority shall submit the proposed name to Bureau and Bureau shall have a period of fifteen
(IS) days from receipt of said proposed name to approve or reasonably disapprove the
proposed name.
.
ARTICLE XIV
EMINENT DOMAIN
"' '
Section 14.1 . Rminem Domain.
(a) PermAN!nt Talcing
.If the whole or 'portion of, the Air Transportation FacUity is taken under power of
eminent domain or sold, trailsferrcd or conveyed in lieu thereof, this Sublease shall terminate
as to the part so taken on the date Bureau is required to yield possession' thereof to the
condemning authority. Authority shall, subject to collection of "awards made to Authority,
, make such repairs and alterations as may be necessary in order to restore the part not taken to
useful condition and all Rent (other than Additional Rent due to Authority by reason of
Bureau's failure to perform any of its obligations hereunder) shall be reduced in the same
proportion as the floor area of the Subleased Premises so taken bears to the total floor area of
the Subleased Premises. If the aforementioned taking affects the primary purpose of this
Sublease as outlined in Section 3.1 hereof, either party may terminate this Sublease as of the
'date, when Bureau is required to yield possession by giving notice to that effect within thirty
(30) days after such date.
If twenty (20%) or more of the Air Transportation Facility is taken or sold, tranSferred
or conveyed in lieu thereof, and Authority does not, in the good faith opinion of Authority,
render it economically feasible to effect restoration thereof for its intended purpose, Authority
may terminate this Sublease as of the date on which possession thereof is required to be
yielded to the condemning authority, by giving notice of such election within thirty (30) days
after such date. If any such notice of termination is given pursuant to this Section, this
30
Sublease and the rights and obligations of the parties hereunder shall cease as of the date of
such notice and Rent (other than any Additional Rent due Authority by reason of Bureau's
failure to perform any of its obligations hereunder) shall be adjusted as of the date of such
termination.
(b) Ternoorarv TaIdng
In the event of teiDpOrary taking of all or any portion of the Subleased Premilll'!$ for a
period of thirty (30) days or less, then this Sublease shall not terminate but the Base Monthly
Rent and Airport Operating Expense Rent shall be abated for the period of such taking in
"..-:. . ~.
proportion to '.the litio of the floor area of the Subleased Premises so taken to that of the
ft!IIlllinillg f100r:area of the Subleased Premises. Authority shall be entitled to receive the
entire award made in colinection w~th any such temporary taking.
Section 14.2 Condeinnation Awards. ' All cOmpensation awarded for any taking of
the Subleased Premises or the Air Transportation Facility, or any interest in either shall belong , ,
to 'and be the property of City, except, however, BureaU shall receive the unamortized cost of
Bureau's Construction Contribution as provided for in the Funding Agreement. Bureau
hereby assigns to City and Authority all rights with respect thereto; provided, however,
nothing contained herein shall prevent Bureau from applying for reimbursement from the
condemni1'lg authority (if permitted by law) for moving expenses, or Bureau's loss of business,
or loss of Bureau's good will, or injury to Bureau's improvements, or on account of any cost
or loss Bureau may sustain in the removal of Bureau's trade fixtures, equipment and
'furnishings, or as a result of any alterations, modifications or repairs that may be reasonably
required by Bureau in order to place the remaining portion of the Subleased Premises not
taken in a suitable condition for the continuance of Bureau's occupancy, but if and only if
such action shall not reduce the amount of the award or other compensation otherwise
recoverable from the condemning authority by City and Authority or the owner of the fee
simple estate in the. Air Transportation Facility.
31
."
~.
.
ARTICLE XV
ASSIGNMENTS AND SUBLETI'lNG
Section 15.1 AssiRnment and SublettinR of Subleased Premises. Bureau shall not, at
any time during the Term of this Sublease, transfer, assign, sublet, mortgage, pledge or
otherwise encumber this Sublease, the term or estate hereby granted, or any interest
hereunder; nor enter into any license or concession agreements with respect thereto, nor
permit any third ~ or pames other than Bureau, its authorized agents, employees, invitees
...~. . . ..
and visitors to Oc:cupythe Subleased Premises or any portion thereof (hereinafter individually
and collectively' referred to as a "Transfer") without first procuring the written consent of the
AuthO{ity. Any such'ittempted !>r purported Transfer, without Authority's prior written
, '
consent, shall be void and of Do force or effect, shall not confer any interest or estate in the
purported transferee ("Transferee"), shall constitute a default under this Sublease and permit
Authority, at its election, to terminate this Sublease.
The provisions of Section 15.2 constitute,the sole means by which Authority's,consent
may be requested. The consent of Authority may be withheld for any or no reason
whatsoever, or conditioned, at its sole discretion.
It is agreed that all terms and conditions of this Sublease sball extend to and be binding
on all Transferees as may be approved by Authority. Bureau sball be liable for acts and
omissions by any Transferee affecting this Sublease. Authority reserves the right to directly
'terminate any Transferee for any cause for which Bureau may be terminated.
Bureau shall reimburse to Authority, as Additional Rent, all costs and expenses,
including attorneys' fees, which Authority incurs by reason of or in connection with Transfer,
and all negotiations and actions with respect thereto, such Additional Rent to be due and
payable within thirty (30) days of receipt of a statement of such costs and expenses from
Authority .
Section 15.2 Procedure for Transfer. Should Bureau desire to make a Transfer
hereunder, Bureau shall, in each instance, give written notice of its intention to do so to
32
Authority at least sixty (60) days prior to the commencement date of any such proposed
Transfer, specifying in such notice the nature of such proposed Transfer and the proposed date
thereof and specifically identifying the proposed Transferee. Such notice shall be
accompanied, in the !:ISC of a sub-sublease, license, concession or permit agreement, by a
copy of the proposed sub-sublease, license, concession or permit agreement and any other
documents or rmancial information (including without limitation, three years audited finaocial
statements of cenified finaocial statements) Authority may require in order to make a
determination as to,~' suitability of the Transferee. Authority shall, within thirty (30) days
." ".
after its receiPt 'of sfich notice of a proposed Transfer from Bureau, by mailing written notice
to Bureau of its ~intent to do so, either (i) withhold consent to the Transfer, or (ii) consent to
such Transfer upon ~ terms and subject to the conditions provided for in this Article.
Bureau acknowledges and agrees that the imposition of the conditions described in this Article
. XV as a condition of Authority's consent is reasonable.
Section 15.3 ,Acceptance of Rent from Transferee. The acceptance by Authority of '.'
the payment of Rent following any Transfer prohibited by this Article shall not be deemed to
be a consent by Authority to any such Transfer, nor shall the same be deemed to be a waiver
of any right or remedy of Authority hereunder.
Section 15.4 Adiusbnent to Rents as a Result of a Transfer. In the event that
Bureau shall make a permitted Transfer hereunder of all or any portion of the Subleased
Premises (the "Transfer Space"), then Bureau shall in consideration thereof pay the following
.to Al;1thority as Additional Rent:
(a) In the case of an assignment, Bureau will pay Authority as Additional
Rent an amount equal to all sums and other consideration paid to Bureau by or for the account
of the assignee, for or by reason of such assignment (including, but not limited to, sums paid
for the sale of Bureau's fixtures, leasehold improvements, equipment, furniture, furnishing or
other personal proPerty), less, in the case of a sale thereof, the amount of unamortized capital
provided by Bureau's Construction Contribution as provided in the Funding Agreement, less
33
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an amount equal to all direct, out of pocket expenses incurred by Bureau in entering into such
assignment; and
(b) In the case of sub-sublease, Bureau shall pay Authority monthly, as
Additional Rent, at the same time as the Base Monthly Rent installment required hereunder,
fifty percent (50%) of the "Fee" payable by the Transferee pursuant to the terms reserved in
the Transfer agreement, concession or license or ten percent (10%) of the gross revenues of
Transferee's operations, whichever is greater. For purposes of this Section 15.4 "Fee" sball
mean all use., fees1.. rent and other amounts paid or payable by the Transferee to Bureau
.. . ."
pursuant to the termS of the 'Transfer.
Section 15.5 No Release of Bureau. Any assignment, sub-sublease, pledge,
'encumbrance of this Sublease or Transfer in violation of this Sublease or without Authority's
prior written consent, sball"at the' option of Authority, constitute a default of this Sublease.
No Transfer permitted by this Article XV sball release Bureau or change Bureau's primary ,
liability to pay the Base Monthly Rent, Airport Operating Expense Rent, Additional Rent and
, to perform all other obligations of Bureau under this Sublease. ,Authority's acceptance of rent
from any other person is not a waiver of any provision of this Article XV. Consent to one
transfer is not a consent to any subsequent transfer. If Bureau's Transferee defaults under this
Sublease, Authority may proceed directly against Bureau without pursuing remedies against
the Transferee, or against the Transferee and then also proceed directly against the Bureau
under this Sublease. Any action by Authority against the Bureau shall not release the
. Transferee. Authority may consent to subsequent Transfers or modifications of this Sublease
by Bureau's Transferee, without notifying Bureau or obtaining its consent. Such action shall
not relieve Bureau's liability under this Sublease or the liability of the Transferee.
Section 15.6 Event of Banlcroptcy, If this Sublease is assigned to any person or
entity pursuant to the provision of the United States Bankruptcy Code, 11 U.S.C. SS 101 et
seq. (the "Ban1cruptcy Codc"), any and all monies or othcr consideration payable or otherwise
to be delivcred in connection with such assignment shall be paid or delivcred to Authority,
shall be and rCll1ain thecxclusive property of Authority, and shall not constitute the property
34
.'
of Bureau or of the estate of Bureau within the meaning of the Bankruptcy Code. Any and all
monies or other considerations constituting Authority's property under this Section not paid or
delivered to Authority shall be held in trust for the benefit of Authority and shall be prompdy
paid or delivered to Authority. Any person or entity to which this Sublease is assigped
pursuant to the provision of the Bankruptcy Code shall be deemed without further act or deed
to have assumed all of the obligations arising under this Sublease on and after the date of such
assignment.
ARTICLE XVI
OWNERSHIP OF IMPROVEMENTS
,Section 16.1 OWnershiP of Improvements. As of the Possession Date and throughout
the Term, title to the Air' TransPOrtation Facility, the Site, the Building, the Subleased
Premises, and all buildings and improvements thereon sba1I be vested in City. Furthermore,
title to all Alterations made in or to the Subleased Premises during the Term, whether or not,
by or at the expense of Bureau, shall, unless otherwise provided by written agreement.
immediately upon their completion become the property of City and shall remain and be
surrendered with the Subleased Premises.
Any furniture, furnishing, equipment or other articles of mo~able personal property
owned by Bureau and located in the Subleased Premises, shall be and shall remain the property
of Bureau and may be removed by it at any time during the term of this Sublease so long as
'Bureau is not in default of any of its obligations under this Sublease and the same have not
become a part of the freehold, and so long as such does not materially affect Bureau's ability
to use said premises and conduct its operations as provided herein. However, if any of the
Bureau's property is removed and such removal causes damage to the Subleased Premises,
. Bureau shall 'repair such damage at its sole cost and expense. Should Bureau fail to repair any
damage caused to the Subleased Premises within thirty (30) clays after receipt of written notice
from Authority directing the required repairs, Authority shall cause the Subleased Premises to
be repaired at the sole cost and expense of Bureau. Bureau shall pay Authority the full cost of
35
~.
such repairs within thirty (30) days of receipt of an invoice indicating the cost of such required
repairs. Failure to pay such invoice shall constitute a default of this Sublease as provided in
Section 19.1 below.
Any property belonging to Bureau and not removed by Bureau at the expiration or
earlier termination of the Sublease, shall, at the election of the Authority, be ~ to be
abandoned by Bureau, and the Authority may keep or dispose of such property and restore the
premises to good order within ten (10) days after billing therefore. At the exp~tion of the
term of this Sublease, ,Bureau shall deliver to the Authority the keys and combination to all
safes, cabine~, 'vauib. doo~ and other locks left by Bureau on the Subleased Premises.
ARTICLE xvn
SIGNAGE
Section 17.1~. Subject to Authority's prior written approval, in its sole
discretion, and provided all signs are in keeping with the quality, design and style of the Air
Transportation Facility, BiU'eau, at its sole cost and expense, may install identification signage
anywhere in the Offices including in the elevator lobby of the Offices, provided that such signs
are not visible from the exterior of the building. Bureau must further obtain approval from all
governmental authorities having jurisdiction, and must comply with all Applicable Laws and
requirements including those requirements set forth in the City of Miami Code and Zoning
Ordina~. Upon the expiration or earlier termination of this Sublease, for any reason,
'BureaU shall, at its sole cost and expense, remove and dispose of all signs located on the
Offices. Signage for the Visitors' Center and Air Museum and exterior signage for Bureau
shall be included in the scope of work during construction of the Building. Bureau, at its sole
cost and expense, shall be permitted to install signage on Watson Island, subject to approval
of the City Manager as to design, location, size and materials, directional and/or informational
signs pertaining to the Subleased Premises throughout Watson Island in accordance with an
adopted, uniform directional signage program established by the City for Watson Island.
"
..
36
ARTICLE xvm
RIGHT TO TERMINATE
Section 18.1 RiJtht to Terminate. Either Party has the unconditional right to cancel
this Sublease upon occurrence of any of the following events:
a) If the projected Base Monthly Rent, Subleased Premises Operating Expense,
Airport Operating Expenses and any Additional Rent (hereinafter CUmulative
Annual Expenses") for the first Sublease Year effective as of the Possession Date
,sball cll~lJlatively exceed five hundred and forty-six thousand dollars ($546,000);
r.. .
or': .
b) If the preliminary construction cost estimated of the Building, as prepared by the
City's Co~tant after the Schematic Design Phase, is in excess of six million
dollars ($6,000,000); or
c) If the ,preliminary construction cost estimate of the Building, as prepared by the
City's Co~tant after th~ Design Development Phase, is in excess of six million
dollars ($6,000,000); or
d) If the actual construction cost as determined by the receipt of competitive bids,
based upon the City's Consultant's Construction Documents, Drawings and
Specifications, is in excess of six million dollars ($6,000,000).
Section 18.2 Notice to Terminate Sublease. If either Party elects to cancel this
Sublease in accordance with the provisions of Section 18.1, the Party canceling the Sublease
,shall notify the non-canceling Party of its intent to terminate in writing within ten (10)
Business Days of its receipt of the projected Cumulative Annual Expenses, preliminary
construction costs estimates and/or construction cost as determined by the bids, respectively.
37
ARTICLE XIX
DEFAULT PROVISIONS
Section 19.1 Events of Default - Bureau.
(a) Events of Bureau's Default. Each of following events is defmed as an
Event of Bureau's Default:
(i) The failure of the Bureau to pay any installment of Rent or
Additional. Rent, wJ:1en due and the continuance of the failure for a period of ten (10) days after
00 .-.
notice in wriiitig froin the Authority to Bureau;
(U) The failure of the Bureau to provide any of the services outlined
in Sec~on 4.1 herein and the conti~ll1l1C'..e of the failure for a period of twenty-four (24) hours
after notice in writing (which notice shall specify the respects in which the Authority contends
that the Bureau has failed to perform such services) from the Authority to the Bureau; unless
with respect to any default which cannot be cured within twenty-four (24) hours, the Bureau,
or any person holding by, through or under the ~u, in good faith, .promptly after receipt
of written notice, shall have commenced and continued diligently to reasonably prosecute all
actions necessary to cure the default;
(ill) The failure of the Bureau to perform any of the other covenants,
conditions and agreements of this Sublease on the part of the Bureau to be performed; and the
continuance of the failure for a period of thirty (30) days after notice in writing (which notice
, .
.shall,specify the respects in which the Authority contends that the Bureau has failed to perform
any of the covenants, conditions and agreements) from the Authority to the Bureau, unless
with respect to any default which cannot be cured within thirty (30) days, the Bureau, or any
person holding by, through or under the Bureau, in good faith, promptly after receipt of
written notice, shall have commenced and continued diligently to reasonably prosecute aU
action necessary to cure the default;
(iv) The filing of an application by the Bureau: (i) for a consent to the
appointment of a receiver, trustee or liquidator of itself or all its assets; (ii) of a voluntarY
38
petition in bankruptcy or the filing of a pleading in any court of record admitting in writing its
inability to pay its debts as they come due; (Ui) of a general assignment for the benefit of
crediton; (iv) of an answer admitting the material allegations of, or its consenting to, or
defaulting in answering, a petition (tIed against it in any ban1auptcy proceeding; or
(v) The entry of an order, judgment or decree by any court of
competent jurisdiction, adjudicating the Bureau as ban1aupt, or appointing a receiver, trustee
or liquidator of it or of its assets, and this order, judgment or decree continuing unstayed and
in effect for any peri~of sixty (60) consecutive days, or if this Sublease is taken under a writ
of execution. <': '.,
In the event this Sublease is assumed by or assigned to a trustee punuant
to the provisions ()f the, Bankruptcy, Reform Act of 1978 (referred to as Bankruptcy Code) (11
USC 1 et seq.), and the t:rtisteC shan cure any default under this Sublease and shall provide
adequate assurances of future performance of this Sublease as are required by the Bankruptcy
Code (including, but not limited to, the requirement of Section 36S(b)(I)) (referred to as
,Adequate Assurances), and iftb.e trustee does not cure such default and provide such Adequate
Assurances under the Bankruptcy Code within the applicable time periods provided by the
Banlauptcy Code, then this Sublease shall be deemed rejected automatically and the Authority
shall have the right immediately to possession of the Subleased Premises and shall be ,entitled
to all remedies provided by the Bankruptcy Code for damages for breach or termination of this
Sublease.
(b) Remedies in Event of Bureau's Default. The Authority may treat any
one or more of the Event(s) of Bureau's Default as a breach of this Sublease, and thereupon at
its option, without further notice or demand of any kind to Bureau or any other person, the
Authority shall have, in addition to every other right or remedy existing at law or equity, do
anyone or more of the following:
(i) Notwithstanding the Bureau's Construction Contribution and
Additional Construction Contribution, if applicable, and any credit of same against fair market
rent, Authority may bring an action in court to terminate Bureau's right of possession under
39
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..
.
this . Sublease and to collect any other sum of money and damages due under thC terms of this
Sublease. In such event, Bureau shall not be entitled to reimbursement for the unamortized
portion of Bureau.s Constnlction Contribution or any amounts of the Additional Constnlction
Contribution which have not been reimbursed. Notwithstanding the fOregoing, the Parties
agree that the Bureau shall have the right to cure any Event of Bureau's Default with respect to
the payment of Rent, provided that Bureau pays to the Authority, in addition to the full amount
of Rent due, interest at the rate of eighteen percent (18%) on such amount due for the period
commenCing, on ~ date of the Event of Default through the date of such payment, and all
reasonable cOili-t CO~b and attorney's fees.
(ii) Perform, on behalf of and ,at the expense of Bureau, any
obligation of Bureau under this Su~lease which Bureau has failed to perform the cost of which
performllt\C'..e by Authority, tOgether with interest thereon at the rate of eighteen percent (18%)
from the date of such expenditure, shall be deemed Additional Rent and shall be payable by ,
Bureau to Authority upon demand. Bureau agrees that Authority shall not be liable to Bureau. - ::
for any damage resulting to Bureau as a result of such action.
(c) Waivers and Surrenders to Be in Wrilin2. The receipt of Rent by the
Authority, with knowledge of any breach of this Sublease by the Bureau or of any default on
the part of the Bureau in the observance or performance of any of the conditions, agreements
or covenants of this Sublease, shall not be deemed to be a waiver of any provision of this
Sublease. Notwithstanding the foregoing, Authority must advise Bureau forthwith in writing
'of any breach of this Sublease which Authority has knowledge of. No failure on the part of
the Authority to enforce any covenant or provision contained in this Sublease, or any waiver
of any right under it by the Authority, unless in writing, shall discharge or invalidate such
covenant or provision or affect the right of the Authority to enforce it in the event of any
subsequent breach or default. No covenant or condition of this Sublease shall be deemed to
have been waived by the Authority unless the waiver be in writing. Consent of the Authority
to any actor matter must be in writing and shall apply only with respect to the particular act
or matter to which the consent is given and shall not relieve the Bureau from the obligation,
40
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wherever required under this Sublease, to obtain the consent of the Authority to any other act
or matter. The receipt by the Authority of any Rent or any other sum of money or any other
consideration paid by the Bureau after the entry of a judgment granting possession of the
Subleased Premises to the Authority, shall not reinstate or continue the Term demised unless
so agreed to in writing.
(d) Repeated Defaults. If more than twice during any twelve (12) month
period during the term of this Sublease, Bureau fails to satisfy or comply with the same or
substantially the ~requirements or provisions under this Sublease, including the non-
payment whCri due df Rent of any kind or nature, then at Authority's election, Bureau shaD not
have any right to cure such repeated failure to, satisfy or comply, the terms aDd COnditiODS of
the section of this Sublease entitled, "EVENTS OF DEFAULT - BUREAU", notwithstanding,
unless such repeated default 'arises' from acts of God or results from causes or COnditiODS not
attributable, directly or indirectly, to Bureau, its members, employees, agents or others within
Bureau's control. In, the event of Authority's election not to allow a cure of a repeated failure ..
to satisfy or comply, Authority shall have all of the rights for an uncured Default provided for
in the section of this Sublease entitled "EVENTS OF DEFAULT - BUREAU".
Section 19.2 Events of Default - Authority.
(a) Events of Authority's Default: The failure of the Authority to perform
any of the CQvenants, conditioDS and agreements of this Sublease which are to be performed by
the Authority and the contmllllllce of such failure for a period of thirty (30) days after notice
thereof in writing from Bureau to the Authority (which notice shall specify the respects in
. . . ,
which Bureau contends that the Authority has failed to perform any of such covenants,
conditions and agreements), and unless such default be one which cannot be cured within
thirty (30) days and the Authority within such thirty (30) day period shall have commenced
and thereafter shall continue diligently to prosecute all actions necessary to cure such defaults,
such failure shall constitute an "Event of the Authority's Default".
(b) Bureau's Remedies in Event of Authority's Default. If an Event of the
Authority's Default shall occur, Bureau, may treat anyone or more of the Event(s) of
41
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..
Authority's Default as a breach of this Sublease, and thereupon at its option, by serving
written notice on the Authority, the Bureau shall have, in addition to every other right or
remedy existing at law or equity (but subject to compliance with all Applicable Laws, the
grace periods and cure periods set forth within this Lease, and the requirements pertaining to
arbitration as set forth in Article XX of this Sublease), one or more of the following
remedies:
(i) the right to a writ of mlllvtat1\US, specific performance~ injunction or other
similar relief, available 'to it under applicable law against the Authority (including any or all of
..j ,'::" I '
the members "of its' goveniing body, and its officers, agents or representatives) provided,
however, that iiI DO event shall any member of suCh governing body or any of its ofticers,
, agents or reprcsentativ~ be personally liable for any of the A~thority's obligations to Bureau
, '
bereuDder;
(ii) the right to obtain damages resulting from such default.
Section 19.3 ,Mitistation. Authority and Bureau' hereby expressly aclcnowledge and
a~ that each shall have an affirmative obligation to mitigate their respective damages as a
consequence of a default by the other.
ARTICLE XX
ARBITRATION
Section 20.1 Arbitration. A panel of arbitrators ("Arbitration Panel") sball be
. established to resolve any controversy, dispute or breach, arising out of or relating to this
Sublease. (excluding any controversy, dispute, breach or Event of Bureau's Default with
respect to the payment of Base Monthly Rent and Airport Operating Expense Rent), including
but not limited to:
a) Non-monetary disputes including alleged defaults of Authority or Bureau.
b) Whenever the term "reasonable" applies to Authority or Bureau's actions either to
be taken or taken.
.
42
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c) Wherever under the Sublease an approval is required which "shall not be
unreasonably withheld or delayed" .
d) Monetary disputes other than the payment of Base Monthly Rent and Airport
Operating Expense Rent.
.
e) Disputes concerning: (i) whether or not a default as described in Section 19.1 bas
occurred; (ii) whether or not a default as described in Section 19.1 can or cannot be
cured within the time period set forth in said Section, and/or (in) whether or not the
. Bureau ~r any person holding by, through or under the Bureau, (in the event of a
defatJIt whiCh caD not be cured within the time frame required in Section 19.1) ~
in good faith and promptly commenced a:nd continued to diligently and reasonably
prosecute all" action ~sary to cure the default.
The Parties agree that .in the event that Authority has commenced an action in court
with respect to an Event of Bureau's Default pertaining to the payment of Base Monthly Rent
and Airport Operating Expense Rent, notwithstanding anything herein to the contrary, the
Bureau may counterclaim and/or litigate any matter in court which is related to or arising out
of Authority's action.
Section 20.2 Procedures. These procedures will govern any arbitration according to
this Sublease.
a) Arbitration will be commenced by: (i) a written demand made by the Executive
Director on behalf of the Authority or a written demand made by the Bureau containing a
',state~nt of the question to be arbitrated and the name and address of its arbitrator; (ii) a
written demand made by the Executive Director on behalf of the Authority at any time after an
alleged Event of Bureau's Default (as described in Section 19.1) specifying the default and the
name and address of its arbitrator or a written demand made by the Bureau specifying the
default and the name and address of 'its arbitrator at any time after an alleged Event of
Authority's Default (as described in Section 19.2).
b) Within ten (10) days after its receipt of the written demand, the other Party will
give the demandant written notice of the name and address of its arbitrator. Within ten (10)
43
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:-
days after the appointment of the two arbitrators, the two arbitrators shall meet and appoint a
third arbitrator which shall consti\Ute the Arbitration Panel.
c) Every member of the Arbitration Panel must be a member of the American
Arbitration Association (hereina~r referred to as a "Member"). In addition to the 'foregoing
criterion, each Member shall satisfy the following conditions: (i) no Member shall be a person
who is or has been an employee of either the Authority or Bureau during the five (S) year
period immediately preceding his or her appointment; (U) each Member shall be neutral and
independent of the. Parties to this Sublease; (ill) no Member shall be affiliated with either
...... .-.
Parties' auditorS; ana (iv) nO Member shall have a conflict of interest with (including, without
limitation, any bias towards or against) a Party ~.
,d) If either party' shall fail to designate a Member within ten (10) days after receipt of
, ,
the written demand, then such other party may request the President of the Florida Chapter of '
the American Arbitration Association to designate a Member, who, when so designated, shall
act in the same mllnn!!f as if he had been the Member designated by the party so failing to
designate an arbitrator.
e) If the two Members appointed by the Parties are unable to agree upon the third
Member within ten (10) days frOm the last date of designation, then upon the request of either
of the two (2) Members, or either Party, such third Member shall be designated by the
President of the Florida Chapter of the American Arbitration Association, who shall appoint
such third Member within ten (10) days of the request.
, f) A hearing shall be commenced within thirty (30) days following the selection of the
Arbitration Panel. The Parties shall each make a good faith effort to cooperate with each other
in all respects in connection with the exchange of documents relevant to the subject dispute. A
court reporter shall make a transcript of the hearing. The Parties and the Arbitration Panel
shall use their best efforts to conclude the hearing within ten (10) days. The Parties shall be
entitled to such pre-trial discovery as they may agree, or as determined by the Arbitration
Panel. The Arbitration Panel shall have the right to question witnesses at the hearing, but not
to call witnesses. The Arbitration -Panel may grant continuances only by the agreement of both
44
~
Parties. The Arbitration Panel may render a decision at the close of the hearing, or may
request briefs on any or all issues. Any and all such briefs, including reply briefs, shall be
filed with the terms and on the schedule set by the Arbitration Panel, but in any event no later
forty-five (45) days following the commencetnent of the hearing. The Arbitration Panel sball
render a deterInjnation within thirty (30) days from the conclusion of the hearing, and ~ the
event briefs are submitted, within thirty (30) days after receipt of said briefs. If no
determination is rendered within such time, unless the parties agree otherwise, a new
Arbitration Panel $ball be selected as described above, but the new Arbitration Panel shall
render a deU;rimnad~n solely upon review of the record of the hearing without a further
hearing.
,g) All actions" hearings ~ decisions of the Arbitration Panel shall be conducted,
based upon and in accordanc.C With the Coinmercial Arbitration Rules of the American
Arbitration Association. In determining any matter before them, the Arbitration Panel shall
apply the terms of this Sublease Agreement, and shall not have the power to vary "modify or
reform any terms or provisions of the Sublease Agreement in any tespect. No Arbitrator is
authorized to make an award of punitive or exemplary damages. The Arbitration Panel shall
afford a hearing to the Authority and to the Bureau who shall each have the right to be
represented by counsel at such hearing and to call witnesses, and the right to submit evidence
with the privilege of cross-e:rllminlltion on the question at issue. All arbitration hearings shall
be held at a place designated by the Arbitration Panel in Dade County, Florida.
h) The Arbitration Panel selected hereunder shall agree to observe the Code of Ethics
for Arbitrators in Commercial Disputes promulgated by the American Arbitration Association
and the American Bar Association, or any successor code. The decision of a majority with
respect to any matter referred to it under this Sublease shall be fmal, binding and conclusive
on the Authority and Bureau and enforceable in any court of competent jurisdiction. Together
with the determination, the Arbitration Panel shall provide a written explanation of the basis
for the determination. Each party shall pay the fees and expenses of the Member of the
Arbitration Panel designated by such party, such party's counsel and witness fees, and one-half
4S
:-
(Ih) of all expenses of the third Member of the Arbitration Panel. The decision of the
Arbitration Panel will be fmal and non-appealable, and may be enforced according to the laws
of the State of Florida and judgment upon the award rendered by the Arbitration Panel shall be
entered in any CoUrt having jurisdiction thereof.
ARTICLE XXI
NOTICES
Sectio~ 21.~ Notice; All notices or o~ c;ommunicatioDS which shall or may be
.," ... .
given pursuan{fu ~ Sublease shall be in writing and shall be delivered by personal service or
by certified mail-addressed to the parties at their respective addresses indicated below or as the
same maybe changed in'writing ~m time to time. Such notice shall be deemed given on the
day on which personally scrVed, or if by certified mail, on the ,fifth day after being posted or
the date of actual receipt, whichever is earlier.
NOTICE TO AUTHORITY:
Executive Director
Miami Sports & Exhibition Authority
444 SW 2 AvemlC, 9* Floor
Miami, FL 33130
NOTICE TO BUREAU:
President and CEO
Greater Miami Convention &
Visitors Bureau
701 Brickell Avenue, Suite 2700
Miami, FL 33131
WITH COPY TO:
WITH COpy TO:
City Manager
City of Miami
444 SW 2 Avenue, 10* Floor
Miami, FL 33130
Greenberg, Traurig. ct al
1221 Brickell Avenue, 23111 floor
Miami, FL 33131
ARTICLE XXII
QUIET ENJOYMENT
Section 22.1. Quiet Enioyment. The Authority represents, warrants and covenants
that the Bureau. upon paying the Rent and all other charges. and performing all the covenants
.
and conditions of this Sublease, shall lawfully and quietly hold, occupy and enjoy the
<If
!"'
Subleased Premises during the Term without hindrance or molestation by Authority or any
Penons claiming under the Authority.
ARTICLE xxm
ESTOPPEL CERTIFICATES
Section 23.1. Estoppel Certificates. The Authority and the Bureau each agree at any
.
time and from time to time, so long as this Sublease shall remain in effect, upon not less than
ten (10) daysprionvritten rCquest by the other Party, ,to execute, acknowledge and deliver to
the other ~'.a siltement'in writing certifying that this Sublease is unmodified and in full
force and effect. (or if there have been modifications, that it is in full force and effect as
modified, stating the modificatio~) and the dates to which the Rent and other charges have
been paid in advance, if any; and Stating'whet1ier any default under the terms of this Sublease
is known by, or any notice of default has been served by, the Party giving the certificate.
ARTICLE XXIV
REMEDIES CUMULATIVE
Section 24.1. Remedies Cumulative. No remedy conferred upon or reserved to the
Authority or the Bureau shall be considered exclusive of any other remedy, but shall be
cumulative and shall be in addition to every other remedy given under this Sublease
Agreement or existing at law or in equity or by statute; and every power and remedy given by
,thiS ,Sublease Agreement to the Authority or the Bureau may be exercised from time to time
and as often as occasion may arise, or as may be deemed expedient by the Authority or the
Bureau. No delay or omission of Authority or Bureau to exercise any right or power arising
from any default shall impair any right or power. nor shall it be construed to bea waiver of
any default or any acquiescence in it. The rights of the Authority under this Sublease shall be
cumulative and the failure on the part of the Authority to exercise properly any rights given
hereunder shall not operate to forfeit any of the said rights.
47
!"
Section 24.2. Waiver of Remedies Not To Be Inferred. No waiver of any breach of
any of the covenants or conditions of this Sublease Agreement shall be construed to be a
waiver of any other breach or to be a waiver of, acquiescence in, or consent to any further or
succeeding breach of the same or similar covenant or condition.
ARTICLE XXV
SURRENDER AND BOLDING OVER
Section 25.1.. Surrender at End of Term. On the last day of the Term the Bureau shall
peaceably mid' "quidiy leave, surrender and deliver the entire Subleased Premises to the
Authority, together with any and all alterations, changes, additions and other improvemeuts
made upon the Subl~ ~, and together with any and all improvements, furniture,
trade fixtures, machinery,' e<iuiPment or other personal property of any kind or nab1re, which
the Bureau may have installed or affixed to the Subleased Premises for use in connection with
the operation and maintenance of the Subleased Premises (whether or not the property is
,deeJ:Ded to be fixtures), in the~ "as is" condition, free and clear of any and all subleasehold '
, .
mortgages, liens, encumbrances and claims. If the Subleased Premises are not so surrendered,
the Bureau shall repay the Authority for all expenses which the Authority shall incur by reason
of it, and in addition the Bureau shall indemnify, defend and hold harmless the Authority from
and against all claims made by any succeeding Bureau against the Authority, founded upon
delay occasioned by the failure of the Bureau to surrender the Subleased Premises.
Section 25.2. Ri~hts Upon Holdin~ Over. At the termination of this Sublease
Agreement by lapse of time or otherwise, the Bureau shall yield up immediate possession of
the Subleased Premises to the Authority and, failing so to do, agrees, at the option of the
Authority, to pay to the Authority for the whole time such possession is withheld a sum per
day equal to two hundred (200) percent times 1/365th of the aggregate of the Rent paid or
payable to Authority for the prior Sublease Year as set forth in Article VI.
The provisions of this Article shall not be held to be a waiver by the Authority of any
right of entry or reentry asset forth in this Sublease Agreement, nor shall the receipt of a sum,
48
:-
or -any other act in apparent affirmance of the tenancy, operate as a waiver of the right to
tenninate this Sublease Agreement and the term granted for the period still unexpired for any
breach of the Bureau under this Sublease Agreement.
ARTICLE XXVI
MISCELLANEOUS PROVISIONS
Section 26.1 lIw'ess and ElUCSS. Subject to rules and regulations, statutes and
ordinances. and terms of this Subl~ governing the use of the facUity, Bureau, its agents,
.",:. . ~.
representativeS;members, visitors and invitees shall have ingress and egress to and from the
Subleased PfP.m;~,
Section 26.2 Successors and AssistDS. This Sublease shall be binding upon the
parties .herein, their heirs, executorS,. legal representatives, successors and assigns.
Section 26.3 AssiJtJ)abilitv and Bindin2 Effects. Subject to all provisions respecting
the rights of assignment or subleasing, this Sublease Agreement shall be binding upon and
inure to the benefit of.U1e respective successors and as~igns of the parties hereto.
Section 26.4 Amendments. Authority and Bureau by mutual agreement, shall have
the right but not the obligation to amend this Sublease. Such amendments shall be effective
only when signed by Authority and Bureau and shall be incorporated as a part of this Sublease.
Section 26.5 Award of AlUCCment. Bureau warrants that it has not employed or
retained any person employed by Authority to solicit or secure this Sublease and that it has
.not. offered to pay, paid, or agreed to pay any person employed by Authority any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from
the award of this Sublease.
Section 26.6 Construction of AstI'eement. This Sublease shall be construed and
enforced according to the laws of the State of Florida.
Section 26.7 Attorney's Fees and Expenses. In the event of any litigation between the
parties, all expenses, including reasonable attorneys fees and court costs, at both the trial and
appellate levels incurred the prevailing party, shall be paid by the non prevailing party.
49
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Section 26.8 Waiver of Jury Trial. The Parties hereby knowingly, irrevocable,
voluntarily and intentionally waive any right either may have to a trial by jury in respect of
any action, proceeding or counterclaim based on this Sublease, or arising out of, under or in
connection with this Sublease or any amendment or modification of this Sublease, or any other
agreement executed by and between the parties in connection with this Sublease, or any course
of conduct, course of dealing, statements (whether verbal or written) or actions of any Party
hereto. This waiver of jury trial provision is a material inducement for the Authority and
Bureau entering ~ the subject transaction.
Sectiori 26.9:" Severability. If any provision of the Sublease, or any paragraph,
sentence, clausC; phrase, or word, or the application thereof, is held invalid, the l'f!J1t.Rinder of
the Sublease shall be !:Onstrued ~ if such invalid part were never included herein and the
SubleaSe shall be and remain valid imd enforceable to the fullest extent permitted by law.
Section 26.10 Time of Essence as to Covenants of Sublease. Subject to any
extensions expressly provided with respect thereto, time is of the essence as to the
perfOflnllnce of the provisions of this Sublease by the Bureau and Authority.
Section 26.11 Captions. The captions contained in this Sublease are inserted only as
a matter of convenience and for reference and in no way define, limit or prescn'be the scope of
this Sublease or the intent of any provisions thereof.
Section 26.12 Conditions and Covenants. All the provisions of this Sublease
Agreement shall be deemed and construed to be conditions as well as covenants, as though the
"words specifically expressing or importing covenants and conditions were used in each
sepante provision.
Section 26.13 Bureau Obli2ations Survive Termination. All obligations of Bureau
hereunder not fully performed as of the expiration or earlier termination of the Term of this
Sublease shall survive the expiration or earlier termination of the Term hereof, including,
without limitation~ all payment obligations and all obligations concerning the condition of the
Subleased Premises.
.
50
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Section 26.14 Radon. Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of Radon that exceed Federal and State guidelines have
been found in buildings in Florida. Additional information regarding Radon and Radon testing
may be obtained from your county p1,1blic health unit.
Section 26.15 RecordinR, Documentary Stamps. The parties hereto shall, . at the
request of either party, execute a short-form lease and have it properly acknowledged for the
purpose of record~ in the Public Records of Dade County, Florida. Such short-form lease
shall have inCiuded- therein $UCh of the provisions hereof as may be requested by either of the
parties. The cost of any such recordation, cost of any State of Florida documentary stamps
whi~h _legally must be _ ~ttached to ~y or all-of said papers, and the cost of the applicable Dade
CoUntY and State transfer taX sball be paid in full by Bureau.
Section 26.16 Duplicate 0ri2inalS. This Sublease may be executed in any number of
copies, each of which shall constitute an original of this Sublease.
Section 26.17 Third Party Beneficiaries. The City .is a third party beneficiary of this
Sublease and has the right to sue to enforce performance of any of the Bureau's obligations under
this Sublease.
ARTICLE XXVII
AFFIRMATIVE ACTION
Section 27.1 Aff'rrmative Action. Bureau shall have in place an Aff'mnative
ActionlEqual Employment Opportunity Policy and shall institute a plan for its achievement
which will require that action be taken to provide equal opportunity in hiring and promoting
for women, minorities, individuals with disabilities. and veterans. Such plan will include a set
of positive measures which will be taken to insure nondiscrimination in the work place as it
relates to hiring, frring, training and promotion. In lieu of such a policy/plan, Bureau shall
submit a Statement of Assurance indicating that their business is in compliance with all
relevant Civil Rights laws and regulations.
.5\
Section 27.2 Nondiscrimination. Bureau agrees that there will be no discrimination
against any person based upon race, religion, color, sex, ancestry, age, national origin, mental
or physical handicap, in the use of the Premises and improvements thereof. It is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination
~ occurred, Authority shall have the right to terminate this Sublease.
ARTICLE xxvm
ENTIRE AGREEMENT
." ....40 .
Section 28.1 ; - Entire" A~nt. This Sublease, represents the total agreement
between the parties. All other prior agreements between the parties, either verbal or written,
are ~ by this $u~lease ~are therefore no longer valid.
IN WITNESS WHEREOt:;" the parties bereto have individually, through their proper
officials, executed this Sublease the day and year first herein above written.
APPROVED AS TO F
AND CO
By:
.....
.
'2
~
MIAMI. CONVENTION
U
WITN,SESyA ( ~
1) ~~r:~~
Alvin West
Print Name
2) ~~._,&~.q~
Caro yn Brownat.in
Print Name .
~<.. . ::.
.' .
--
53
EXHIBIT A
FUNDING AGREEMENT
The City of Miami ("City''), the Miami Sports and Exhibition Authority ("Authority")
and the Greater Miami Convention and Visitors Bureau ("Bureau") (collectively the
"Parties'') as of this .3,,/ day ~. of 1997, are executing this Funding Agreement
(hereinafter "Funding Agreement" or " Agreementj.
This Fundj.ng Agreement describes the Bureau Improvements (as hereinafter defined below)
which City. shall be ol?ligated to construct or install on the Property in connection with the
- -
development ci-fthe .Project, and establishes the amount of ~e Bureau's financial contribution to
the development ~d construction of the Project.
RECITALS
I) TheCitj and Authority ha~e_.entered into that certain Interlocal Agreement dated as of the 14th
day of August 1997 (the "Interlocal Agreement") whereby, inter alia, the City has leased to
Authority a portion of Watson Island referred to in the Interlocal Agreement as the "Air
Transportation Facility" (the" Air Transportation Facility"); and
2) The City-bas entered into a joint participation agreement (JP A) with the Florida Department of
Transportation (FOOl) for the development of the Watson Island Air Transportation Facility
a copy of which is attached to the Interlocal Agreement as Exhibit "If'; and
3) The Interlocal Agreement provides that a portion of the Air Transportation Facility may be
used for a regional visitors center and offices related thereto, including supporting offices of
. Bureau; and
4) The Interlocal Agreement is contingent upon Authority and Bureau entering into a mutually
acceptable Sublease Agreement and Funding Agreement; and
5) The City has entered into a Professional Services Agreement with the finn of Spillis, Candela
& Partners (Consultants) on , to provide certain aviation planning and
operations, archj.tectural, and engineering services on behalf of the City a copy of which is
attached hereto as Exhibit A and incorporated herein by reference; and
6) Authority desires to sublease to Bureau, and Bureau desires to sublease from Authority, the
Regional Visitors Center, (the "Premises") and offices related thereto (the "Offices"), to be
developed as part of the "Project" (the "Project") as described in the Interloca1 Agreement; and
7) On September 23, 1997, the City of- Miami approved the Sublease Agreement, in a form
acceptable to the City Attorney, between the Authority and Bureau; and
8) As determin~ by FOOT, the Bureau's financial contribution to the Project shall be fifty-three
(53%) of the cost of building the non-public areas and fifty percent (50%) of the cost of
building the public areas of the Building, Site and supporting infrastructure; and
9) The Bureau has agreed to provide funds for design and construction in an amount not to
exceed three mUlionone hundred and eighty thousand dollars (53,180,000.00) (the "Bureau's
Construcd~1i Co~butionj; and
10) In accordance with the provisions of the Interloca1 Agreement, upon execution by the parties, a
~py of this Funding Agreement .shall be attac~ to the Interloca1 Agreement as Exhibit "0".
H).The Bureau retains the right to.contribute additional funds to the Project.which .shall. be.
reimbursed in accordance with Section 3.5 herein.
In consi<:{eration of the foregoing and the mutual covenants herein after contained to
be observed and performed, the parties hereto do hereby covenant and a~ as follows:
SEcnON 1
RECITALS AND DEFINITIONS
Section 1. 1 Recitals
The foregoing recitals to this Agreement are hereby adopted by reference thereto and
incorporated herein as if fully set forth herein.
Section 1.2 Defined Terms, Sin~ar, Plural And Gender.
(a) Any word contained in the text of this Funding Agreement shall be read as the
singular or the plural, and as the masculine, feminine or neuter gender as may be applicable in the
particular context. Terms which have initial capital letters and are not otherwise defmed in this
Funding Agreement shall have the meaning set forth in the Sublease and the Interloca1 AgreemenL
.
2
SECfION 2
BUREAU'S ARCmTECfURAL AND ENGINEERING EXPENSES
Section 2.1 Architectural and EnRineerinR Fees Pre-development Expenses
The Bureau agrees to fund and pay for a portion of the costs incurred by the City in
connection with the pre-development phases shall include Program Development and Planning
and Schematic Design, as defined in the Professional Services Agreement attached hereto as
,
Exhibit "A". The portion of the costs which the Bureau herein agrees to fund consists offccs for
architectural and engineering design professional services for an approximate forty-five thousand
(45,000) squate: foot. Building, which will include a Visitor's Center of lq)proximately four
I
thousand (4,000>: square feet, and Offices of approximately thirty thousand (30,000) square feet
which sha1lbe used .ex~Il1Sively by the Bureau as previously defined in the Sublease Agreement,
and for the necessary infrastructure arid related appurtenances for the Site, as previously defined in
the Sublease Agreement, as follows:
(i) . For the Program Development Planning Phase, the Bureau shall pay an
amount not to excce4 thirty eight thousand two hundred and ninety-three dollars ($38,293.00).
(ii) : For the Schematic Design Phase, the Bureau shall pay an amount not to
exceed forty-three thousand seven hundred and fifty-six dollars ($43,756.00).
The portion of the Bureau's Construction Contribution which the Bureau agrees to
fund in connection with the Pre-Development Phases shall not exceed eighty-two thousand forty-
nine dollars ($82,049.00).
Section 2.2 Bureau's DesiRll Expenses
The Bureau agrees to fund a portion of the costs incurred by the City in connection
with the design phases which shall consist of the Design Development and Construction
Document phases as defined in the Professional Services Agreement attached hereto as Exhibit A,
as follows:
(i) For the Design Development Phase, the Bureau shall pay an amount not to
exceed fifty-eight thousand three hundred and forty-two dollars ($58,342.00).
(ii) For the Construction Documents phase the Bureau shall pay an amount not
to exceed eighty-four thousand two hundred and twenty-five dollars ($84,225.00).
3
The portion of the Bureau's Construction Contribution which the Bureau agrees to
fund in connection with Design. Phase shaH not exceed one hundred forty-two thousand five
hundred and sixty-seven dollars (SI42,567.00).
Section 2.3 Bureau's ArchitecjUra1 and EnRineering Construction Expenses
The Bureau agrees to fund a portion of the costs incurred by the City in connection
with the construction phases which shall consist of Construction Bidding and Construction
Administration Phases as defined in the Professional Services Agreement attached hereto as
Exhibit A, as follows: .
.. .
<{i) . ::. For the Construction Bidding Phase, ~e Bureau shall pay an amount not to
exceed eight tho~d seven hundred and tifty-one dollars (S 8..751.00).
(ii) F~r the Construction Administration Phase, the Bureau shall pay an amount
not to exceed fifty-eight thousand three hundred and forty-two dollars ($58,342.00).
The portion of the Bureau's Construction Contribution which the Bureau agrees to..
r
fund in connection with the Construction Phase shall not exceed sixty-seven thousand and ninety-
three dollars (S67,09~.00)..
Section 2.4 Bureau's Contribution Towards Reimbursable Expenses and Additional ..
Services
Bureau's total contribution towards additional services and reimbursable expenses
attributed to the Architectural and Engineering Services shall not exceed twenty-one thousand
eight hundred and forty dollars (S21,840.oo).
Section 2.5 Total Bureau Architectural and EngineerinR Expenses
The total amount of the Bureau's contribution to the architectural and engineering services
required for the development of the Building shall not exceed three hundred thirteen thousand five
hundred and forty-nine dollars ($313,549.00):
Section 2.6 Method of Payment for Architectural and EnRineerinR Expenses
The Bureau shall remit payment to the City for payment of the City's Consultants on a
monthly basis upon submission of invoice by the City.
4
SECI10N 3
BUREAU'S CONSTRUCTION CONTRIBUTION
Section 3.1 The Bureau agrees to fund a portion of the construction of the Building,
necessary infrastructure and related appurtenances for the Site in an amount not to exceed. two
million eight hundred sixty-six thousand four hundred and fifty-one dollars ($2,866,451). Bureau's
payment for construction shall be paid in monthly installments consistent with the construction
draw schedule as provided to the City by the general contractor. In no instance shall the Bureau
make any payment without the issuance of the Notice to Proceed by the City.
Sectiori 3.2 : The Bureau's monthly installment shall be based upon the submission of
Certificate for Payment (AlA document # ) or its equivalent by thegenera1 contractor.
This document shall p,'Ovide for b~ not be limited to the following: total project cost, the
schedule of values contain. witbJo the construction budget, change orders to date, the amount of
the payment request, and project balance.
Section 3.3 Prior to submission to the Bureau, the monthly. payment request will have
been reviewed and approved by the Consultants.
Section 3.4 Bureau's Construction Contribution shall be limited to the construction. of
the Building and the Site improvements and related infrastructure. The City's monthly payment
request to the Bureau shall be an amount equal to 53% of the general contractor's request for
payment in connection with construction work for non-public areas and 50010 of the general
contractor's request for payment in connection with construction work for public areas, or a
.weighted average of the requested amount as mutually agreed to by the City and Bureau.
Section 3.5 If, after review and inspection during design and construction of the
Building and Site, the Bureau, together with the City and Authority, determine that additional
funds in excess of three million one hundred eighty thousand dollars ($3,180,000) are required to
complete the project ("Additional Construction Contribution"), the Bureau at its sole discretion
may agree to make an Additional Construction Contribution and Bureau shall be reimbursed
annually by receiving thirty-five percent (35%) of the Net Operating Income, as hereinafter
defined, from the Air Transportation Facility fund until the Bureau has been reimbursed in full for
any Additional Construction Contribution it makes to the project. The time value of money shall
s
not be computed on any Additional Construction Contribution made by the Bureau in excess of
three million one hundred eighty thousand dollars ($3,180,000) and reimbursed from the Air
Transportation Facility fund. The Net Operating Income shall be the resulting number that is
derived as folloWs as provided for in the Air Transportation Facility's annual audit and expense
report:
Air Transportation Fund Revenues for the Expense Year
Less AUport Operating Expenses
Equals Net Operating Income
." ..,
If Net Operating Income for any given Expense Year is zero or less, the Bureau shall not be
entitled to reimbursement in that particular year as it relates to its Additional Construction
Contribution. . ".
SECI10N 4
FLORIDA .DEPARTMENT OF TRANSPORTATION PARTICIPATION
Section 4.1 . The participation of the Florida Department of Transportation shall be in
keeping with the Joint Participation Agreement, ~ June 4, 1993, and all subsequent
amendments executed by the City of Miami.
SECfION 5
BASE RENT
Section 5.1 .From and after the Possession Date, Bureau shall pay to Authority, in
advance, on the first day of each and every calendar month during the Term, the Base Monthly
Rent for the Offices. The Base Monthly Rent as determined by the Consultants and consistent
with the fair market value as determined by an independent MAl appraiser is hereby established at
one dollar and 25/100 ($1.25) per square foot. The Base Monthly Rent shall remain fixed over ~e
entire Term of the Sublease.
.
6
.
.SECTION 6
OPERATING AND MAINTENANCE EXPENSES
Section 6.1 The Bureau shall pay the Site Operating Expenses attributed to the Building
and Site as described in Sections 4.1 and 4.2 of the Sublease Agreement. The Bureau shall
provide the operating and maintenance services to all subtenants of the Building. The Authority
shall insure that all sublease agreements entered into for the use of any portion of the Building
shall provide for th,e reimbursement to the Bureau of the Site Operating Expenses incurred as a
result of such .SUbtebimts in .a manner consistent with provisions of Section 4.3 of the Sublease.
Bureau shall remain liable for providing and paying for. its proportionate share of the Site
Operating Expenses an4.other services required for its use of the Subleased Premises.
J
SECTION 7
AIRPORT OPERATING EXPENSE RENT
Section 7.1 In addition to the payment of Base Monthly Rent, Bureau shall also pay to
Authority, Bureau's pro rata share of the annual Airport Operating Expenses ("Airport Operating
Expense Rentj as determined by the City's Consultant. The manner of payment and annual
adjustment of Airport Operating Expense Rent shall be made pursuant to Section 6.2 of the
Sublease.
Section 7.2 The Airport Operating Expense for the Subleased Premises for the first year
. after Possession Date is hereby established at four dollars and 26/100 ($4.26) per square foot.
SECTION 8
BUILDING AND SITE REQUIREMENTS
Section 8.1 Space Plan and Program
The Bureau shall provide to the City's Consultants, within thirty (30) days of execution of
the Sublease Agreement, a preliminary space plan and program for the Building and Site. The
space plan and program shall consist of a schedule of space standards for persoMel and ancillary
uses allotments and design criteria (the "Space Plan and Program"). The Consultants shall review
7
and determine the adequacy of the Bureau's Space Plan and Program. Upon this review the
Con.sultants shall provide the Bureau with. a final Space Plan and Program and cost estimate for
the Building and Site. This Space Plan and Program shall be the basis for the Schematic Design
and subsequent Construction and Bidding Documents and Specifications for the Building and
Site.
Section 8.2 Bureau Approval
The Space Plan and ProgJ1UJ1, Schematic Design, Design Development and Construction
Documents ("the DQcuments") shall be subject to the approval of Bureau which approval shall not
be unreasonably withheld or delayed. Bureau shall respond in writing to the City within ten (16)
Business days of receipt of any of the Documents specifying its request, if any, of reasonable
changes to the plans su~mitted. Failure of Bureau to respond within the lo-day period shall be
deemed to constitute Bureau's approval of the Documents so submitted. After Bureau's approval,
no significant changes, modifications or alterations may be made without the prior written consent.
of both City and B~u; provided. however, if any changes are required (i) by any government
agency with jurisdiction over the Building and Site, (ii) as a result of field conditions; or (iii) ~
substitute reasonably equivalent materials to avoid unanticipated delays, strikes or sh()rtages,. then
City shall be authorized to make such changes. The costs of any such changes required under
subsections (i), (ii) and (Hi) above are to be included in the total costs for construction of the
Building and necessary infrastructure and related appurtenances for the Site, and Bureau shall be
required to pay its proportionate share of such costs.
Section 8.3 Bureau Improvements
After approval of the Construction Documents, the City's contractor shall use its diligent
effort to Substantially Complete (as defined below) the Bureau's improvements on or before
January I, 2000. All improvements for the Building and Site to be constructed by the City before
Authority delivers possession of the Building and Site to Bureau, in substantial conformance with
the Documents, shall constitute "Bureau Improvements". The Bureau Improvements are and shall
remain at all times the City's property and the Bureau shall surrender possession thereof upon
expiration or earlier termination of the Sublease Agreement in accordance with the provisions of
the Sublease Agreement.
a
Section 8.4 BuildinR and Office FumishinRs
It is expressly understood that. City's obligation to construct tenant improvements in the
Building and Offices is limited to construction' of the Bureau improvements specifically set forth
in the Construction Docwnents. Bureau shall be solely responsible for the expense of the design
layout, provision, delivery and insta1lation of any furniture, furnishings, equipment and any other
personal property Bureau will use at the Building and Offices. In arranging for the pCnonnance of
any of the work referred to in the preceding sentence, Bureau shall be permitted to enter the
Building and shall. adopt a schedule for the insta1lation or placement of such items of personal
.' .-
property in oonformlince with the construction schedule of the City's contractor and conduct its
work in such a manner as to maintain harmonious labor relations so as not to interfere
unreasonably with or d~lay the work of City's.
SECI10N 9
CONSTRUcrION OF THE BUREAU'S IMPROVEMENTS
Section 9.1 . Completion of Bureau's Improvements
City shall be responsible for the construction of the Bureau Improvements in accordance
with the approved Construction Documents. City, or its designee, in consultation with the Bureau,
shall be authorized to use its sole discretion and judgment in selecting and entering into a
construction contract with the contractor to construct the Bureau Improvements authorized
hereunder. Upon Substantial Completion (as dermed below) of the Bureau Improvements, City
. and Bureau, with the assistance of the City's Consultants, shall provide a "punchlist" identifying
the corrective work of the type commonly found on an architectural punchlist with respect to the
Bureau Improvements, which list shall be in City's reasonable discretion based on whether such
items were required by the approved Construction Documents. Within ten (10) days after delivery
\
of the punchlist, City shall cause the contractor to commence correction of punchlist items and
diligently pursue such work to completion. The punchlist procedure to be followed by City and
Bureau shall in no way limit Bureau's obligation to occupy the Subleased Premises under the
Sublease, unless such punchlist items reasonably precludes Bureau from occupying the Subleased
Premises, as reasonably determined by City and Bureau.
9
Section 9.2 Substantial Completion
"Substantial Completion" or "Substantially Completed" as used herein shall mean the
City's delivery of written notice to Bureau of the completion of construction of the Bureau
Improvements i.ri the Subleased Premises pursuant to the approved Construction Documents with
the exception of minor details of construction installation, decoration, or mechanical adjustments
and punchlist items as certified to by City. Substantial Completion shall be deemed to have
occurred, notwithstanding the requirement to complete "p)JIlchlist" items or similar corrective
work. Bureau agrees that if City shall be delayed in causing such work to be Substantially
Completed as':', res-irlt of any of the events as defined below (referred 10 herein as a "Bureau
Delay"), then such delay shall be the responsibility of Bureau, and will result in the Possession
Da~ under the Sublease: being the earlier of: (i) Substantial Completion or (iii) the. date when
.Substantial Completion would lulve Occurred if there had been no Bureau Delay,. provided ' that
City shall not be required to work on an overtime basis in order to bring the Subleased Premises
to Substantial Compl~tion. For the purposes of this Funding Agreement, a Bureau Delay shall
mean a delay which results frolIly (a) any changes in the Space Plan and Program requested b!
Bureau after City and Bureau's final approval of the Construction Documents, (b). lJureau's
failure to furnish any documents required herein or timely approve any item OJ any cost estimates
as required herein, or (c) Bureau's failure to timely perfonn any act or obligation imposed on
Bureau under the Sublease Agreement or this Funding Agreement.
.
SECI10N 10
BUREAU'S INTERIOR FINISHED WORK
Section 10.1 Finish Work
All interior finished work and decoration and other work desired by Bureau and not
included within the Bureau Improvements as set forth in the approved Construction Documents,
including specifically, without limitation, all computer systems, telephone systems,
telecommunications systems and other items (the "Bureau Work") shall be furnished and installed
by Bureau at Bureau's sole cost and expense.
Section 10.2 Consent of Authority
10
Prior to Substantial Completion, Bureau shall not commence the construction or
installation of any Bureau Work, without 'City's prior written approval which approval shall not
be unreasonably withheld. Upon consent, Bureau shall provide City with (i) name of Bureau's
contractor, (ii) detailed plans and specifications for the Bureau Work, and (iii) a certificate(s) of
insurance accurately showing that Bureau's contractor maintains insurance coverage in amounts,
types, form and with companies reasonably acceptable to City such certificates or policies shall be
endorsed to show Authority and City as additional insured and insurance shall be maintained by
Bureau or Bureau's ~ntractor at all times during the performance of the. Bureau Work.
.' ..
Sectiolf to.3 . ; . City 's 'Obligation
Neither the Authority nor City is under any obligation to construct or supervise
construction of any of ~e Bureau :Work and any inspection by Authority or City shall not be
construed as a representationtbat the Bureau Work is in compliance with the final plans. and
, .
specifications therefor or that the construction will be free from faulty material or workmlm~hip or. y
that the Bureau Work is in conformance with any building codes or other applicable regulations...
All of the Bureau Work shall be undertaken and perfonned in strict accordance with the provisions
of the Sublease Agreement and this Funding Agreement.
\
SECI'ION 11
CHANGE ORDERS BY BUREAU
Section 11.1 Bureau may authorize changes in the work during construction, only by
.written instructions to City, or its designated representative, on a form approved by City. Such
changes will be subject to City's prior written approval, which shall be approved or disapproved
by City, in its sole discretion, within five (5) Business Days of receipt. Prior to commencing any
change in the work as may be requested by the Bureau, City will prepare and deliver to Bureau,
for Bureau's approval, a change order (the "Change Order") setting forth the total costs of such
change which will include associated architectural, engineering and construction contractor'S fees.
If Bureau fails to approve such Change Order, the City will not proceed to perfonn the requested
change. Failure of the Bureau to submit such approval to the City within five (5) Business Days
shall constitute disapproval of the Change Order. Upon City's receipt of Bureau's approval. City
11
.
shall cause City's contractor to proceed to perfonn the change. Notwithstanding anything herein or
in any other agreement to the contrary, Bureau hereby agrees to reimburse the City, less any
amounts which are to be reimbursed by the Florida Department of Transportation, for any costs
incurred by the City in connection with such Change Order which amount may be in excess of
three million one hundred eighty thousand dollars ($3,180,000).
SECI'ION 12
,RESPO~SmILITY FOR BUREAU'S INTERIOR IMPROVEMENTS
. "
r .
Section'i2.1 . At all times during the Tenn, Bureau will be responsible for the
maintenance of all Bureau Improvements and Bureau Work .whether or not. approved by City or
installed by City at .~ureau's ~uest. City's preparation and/or approval of any design or
coDstruction documents win-' nQt cODstitute any representation or warranty as to the adequacy, . ..
efficiency, performance or desirability of the Bureau Improvements or Bureau Work in the . .
Subleased Premises.
SECflON 13
CITY, BUREAU AND AUTHORITY OBLIGATIONS
Section 13.1 Access and Entry
Notwithstanding anything to contrary in the Interloca1 Agreement or the Sublease
Agreement, the Authority hereby grants to the City, and its contractors, licensees and consultants,
.a cOntinuing right to enter upon the Air Transportation Facility at all times during the development
and construction of the Project for purposes of performing City's obligations under this Funding
Agreement and the Interloca1 Agreement.
Within ten (10) Business days prior to the estimated date for Substantial Completion of the
Building and Site, the Bureau shall have reasonable access as described herein to the Building and
Site to Bureau and its agents, for the purposes ofinstalling Bureau's ftxtures, and furniture, so long
as such access does not interfere with the conduct of City's construction activities or affect City's
ability to diligently bring the Building and Site to Substantial Completion. If City, in its
reasonable discretion, detennines that the providing of such access may affect its ability to bring
12
the Building and Site to Substantial Completion on the estimated Possession Date, the City shall.
have the right to deny such access to Bureau and its agents until Substantial Completion of the
Bureau Improvements. The tenns of such access may require that Bureau and Bureau's agents
perform work at times and in the manner designated by City, including nights, weekends, and
holidays. Also, Bureau and its agents may be required to utilize only certain access areas at
certain times, designated by Authority.
Section 13.2 ' Risk of Loss
All materials, work, iristallations and decorations of any nature brought upon or installed in
rOO. ...
the Building arid Site before the Possession Date shall be at the risk of the party who brought such
materials or items on the Building and Site. Ncither Authority.or City nor any party acting. on City
or Authority's behalf shall bereSIJC:lnsible for any O-!lmage or loss or destruction of such items
bro~ght to or installed in the BuUdirig' and Site by Bureau prior to such date, except in the event of
City or Authority's,gross negligence or willful misconduct. As a condition to such early entry,
City and/or Authority may require Bureau to cxecute a Hold Harmless Agreement, in a form
acceptable to City and Authority.
Section 13.3 Conformance with Laws
All Bureau Work shall be done in conformity with applicable codes ,and regulations of
governmental authorities having jurisdiction over the Project and the Building and Site and valid
building permits and other necessary authorizations from appropriate governmental agencies when
required, shall be obtained by Bureau for the Bureau Work at Bureau's expense. Any Bureau
'Work not acceptable to the applicable governmental authority or not reasonably satisfactory to
City in accordance with the standard listed above (unless previously approved by City), shall be
promptly corrected, replaced, or brought into compliance with such applicable codes and
regulations at Bureau's expense. Notwithstanding any. failure by City to object to any such
Bureau Work, City shall have no responsibility therefore.
Section 13.4 ~
Bureau shall keep the Building and Site free from any mechanics', materialmen's or other
liens arising out of any work .perfonned upbn or materials or furniture, fixtures or improvements
delivered to the Building and Sitc including but not limited to any Bureau Improvement work
13
::
performed, materials furnished or obligations incurred by or for Bureau or any person or entity
claiming by, through or under Bureau. Authority and City shall have the right at all times to post
and keep posted on the Building and Site any notices which it deems necessary for its protection
from such liens. If any such liens are filed and are not released of record by payment or posting of
a proper bond within ten (10) days after such filing, City, may, without waiving its rights and
remedies based on such breach by Bureau and without releasing Bureau from any obligations
hereunder or under the Sublease, cause such liens to be released by any means it shall deem
proper, including pa,yment of the claim giving rise to such lien in which event all amounts paid by
City shall im'iri~at~iy be due and payable by Bureau.
SECI10N 14
'E1'fVIRONMENTAL ASSESSMENT
Section 14.1 Within ninety (90) days of the execution of this Funding Agreement, the .
City, at its sole cost and expense, shall conduct a Phase I environmental inspection of the Site and
if warranted, a Phase n environmental inspection (collectively the "Audit"). If the Audit reveals:
(1) any violations of any applicable laws with respect to any hazardous materials present or any
environmental activity conducted or permitted at the Project; (ii) any-liability whicn may attach to
an owner or operator of the project in connection with any Hazardous Materials existing at the Site
or violation of Hazardous Materials Laws occurring at the Site; or (iii) any significant risk to the
health or safety of the occupants of the Project arising from any Hazardous Materials present at the
'Site .(any of the conditions described (i), (ii), or (iii) above being referred to herein as an
"Environmental Conditionj, City shall deliver to Bureau and Authority a notice ( the "Audit
Notice") including (1) a copy of the Audit; (2) a detailed description of any Environmental
Condition discovered thereby; and (3) the estimated cost and time period of remediating such
Environmental Condition.
Section 14:2 In the event remediation is required, the City, Authority and Bureau shall
have Twenty (20) Business Days from the Audit Notice date to negotiate a remediation protocol
which shall allocate the financial responsibilities of the parties with respect to such remediation.
Unless an extension of said twenty (20) day period is agreed to in writing by the parties, this
14
:
Funding Agreement and Sublease Agreement shall be automatically canceled and terminated. The
Bureau shall have no further right or interest under the Sublease Agreement, provided however
that Bureau shall remain liable for payment of its proportionate share of expenses for all work
performed as of the date of termination.
SECI'ION 15
BUREAU'S REPRESENTATIVE
Section IS.1. Bureau has designated the Bureau's President and CEO as its sole'
representativc\vith ~pect to the matters set forth in this Funding Agreement, who shall have full
authority and responsibility to act on behalf of Bureau as required in this Funding Agreement.
B1,l1'C&u may changeJts ~resentative under this Funding Agreement at any time by providing five
(5) days prior written notice ~ AUthority and City. All inquiries, requests, instructions,
authorizations and other communications with respect to matters covered by this Funding
Agreement from Au,thority will be made to Bmeau's Representative and City's Representative,
respectively. To the extent reasonably practicable and so long as same in not in violation of the
, .
professional services agreement with Consultants, Bureau's Representative may make reasonable
inquiry to Consultants. Bureau's Representative may further provid~ infonnation directly to
Consultants when such information is requested, however, Bureau shall remit a copy of same to
Authority and City's Representatives at the same time. Except as provided above, Bureau will
communicate solely with Authority's Representative and City's Representative and will not make
. any inquiries of or requests to, and will not give any instructions or authorizations to, any other
employee or agent of Authority or City, including City's Consultant's, and contractors or any of
their agents or employees, with regard to matters covered by this Funding Agreement.
SECfION 16
AUTHORITY'S REPRESENTATIVE
Section 16.1 Authority has designated the Executive Director of the Authority as its sole
representative with respect to the matters set forth in this Funding Agreement, who shall have full
authority and responsibility to act on behalf of Authority as required in this Funding Agreement to
IS
..
.
.
the extent permitted by law. Authority may change its representative under this Funding
Agreement at any time by providing five. (5) days prior written notice to Bureau and City. All
inquiries, requests, instructions, authorizations and other communications with respect to the
matters covered by this Funding Agreement from Authority will be made to Bureau's
Representative and City's Representative, respectively.
SECI'ION 17
. ' CITY'S REPRESENTATIVE
Sectiortl7.i ':' City has designated as its sole representative with
respect to the matters set forth in this Funding Agreement,. who shall have full authority and
responsibility to act o~.: behalf of. City. as required in this, Funding Agreement to the. extent
permitted by law. City maychangc its representative under this Funding Agreement at any time .
by PI?viding five (5) days prior written notice to Bureau and Authority. All inquiries, requests,
instructions, autho~tio.ns and other communications with respect to the matters covered by this
Funding Agreem~t from City will be made to Bureau's Representative and Authority's
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Representative, respectively.
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SECTION 18
RIGHT TO TERMINATE
Section 18.1 Either the City, the Authority or the Bureau shall have the unconditional
. right. to cancel this Funding Agreement.
as provided for below:
a) If the projected Base Monthly Rent, Subleased Premises Operating Expense, Airport
Operating Expenses and any Additional Rent (hereinafter Cumulative Annual
Expenses") for the flI'St Sublease Year effective as of the Possession Date shall
cumulatively exceed five hundred and forty-six thousand dollars ($546,000); or
b) If the preliminary construction cost estimated of the Building, Site and supporting
infrastructure, as prepared by the City's Consultant after the Schematic Design
Phase, is in excess of six million dollars ($6,000,000); or
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c) If the preliminary construction cost estimate of the BuUding, Site and supporting
infrastructure as prepared by the City's Consultant after the Design Development
Phase, is in excess of six million dollars ($6,000,000); or
d) If the actual construction cost as determined by the receipt of competitive bids, based
upon the City's Consultant's Construction Documents, Drawings and Specifications,
is in excess of six million dollars ($6,000,000).
Section 18.2 Notice to Terminate FundiU A2lCCD1eDt. If_either the City, the
Authority or ~ureau, elects to cancel this Func:liTlg Agreement in accordance with the provisions
of Section laj, ~ Party' canceling the Funding Agreement shall notify the non-canceling
Parties of its intent to terminate in writing within ten (10).Busincss Days of its receipt of the
proj~ Cumulative. AnDua1 ~nses, preliminary. construction costs estimlltes audlor
construction cost as detel'II1iiled by the bids, respectively.' Notwithstanding the parties right'to "
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cancel, the Bureau shall remain liable for payment of its proportionate share of expenses for all"
work performed as of the date of termination.
SEcrION 19
DEFAULT PROVISIONS
Section 19.1 Events of Default - Bureau.
In the event the Bureau defaults in the timely perfonnance of any of its obligations
under this Funding Agreement, the City shall provide notice to Bureau specifically describing the
. defa':'lt. Bureau shall have a period of five (5) Business days after receipt of the notice of default
to cure such default, provided, however, that with respect to any non-monetary default which
cannot be cured within five (5) Business days, the Bureau shall in good faith, promptly commence
and continue diligently to reasonably prosecute all actions necessary to cure the default. Failure
of Bureau to (i) cure a monetary default within such five business day period or (ii) cure or
commence to cure a non-monetary default within such five business day period shall constitute an
Event of Default.
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Section 19.2 City and Authority's Remedies in Event of Default
Notwithstanding anything to the contrary in the Sublease with respect to Bureau
defaults, notice provisions or cure periods, the City or Authority may treat an Event of Default as
a breach of this Funding Agreement and the Authority may treat such Event of Default as a
breach of the Sublease. Thereupon at its option, without ,further notice or demand of any kind
to Bureau or any other person, the City or Authority shall have, in addition to every other right
or remedy existing at law or equity, do anyone or more of the following:
(i) City or Authority may terminate this Funding Agreement.
(ii) Authority may terminate the Sublease Agreement
(iii) City or Authority may perform, on behalf of and at the expense of
Bureau, any obligation of Bureau under this Funding Agreement which Bureau has failed to
perform the cost of which performance by City or Authority, together with interest thereon at
the rate of eighteen percent (18%) from the date of such expenditure and shall be payable by
Bureau to City or Authority upon demand. Bureau agrees that neither City nor Authority shall
be liable to Bureau for any damage resulting to Bureau as a result of such action.
Bureau understands and agrees that termination of this Funding Agreement and/or
the Sublease under this section shall not release Bureau from any obligation ~ccruing prior to the
effective date of such termination, nor shall it obligate the City or the Authority to refund to the
Bureau any monies paid to the City or the Authority including any monies paid in connection with
Bureau's Construction Contribution, Additional Construction Contribution, Change Orders, Base
Rent, or Airport Operating Expense Rent and Bureau hereby expressly waives any claim to such
funds in the Event of Default which results in a termination of the Funding Agreement and/or
Sublease Agreement.
SECTION 20
MISCELLANEOUS
Section 20.1 Sole Obligations
Except as herein expressly set forth with respect to the Bureau Improvements and subject
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to the City's receipt of funding in accordance with the JP A, Authority and City have no agreement
with Bureau, and have no obligation to fund or perform any work with respect to the B1lilding and
Site. Any other work in the Building and Site which may be permitted by Authority pursuant to
the terms and conditions of the Sublease Agreement, including any alterations or improvements as
contemplated in the Sublease Agreement, shall be done at Bureau's sole cost and expense and in
accordance with the terms and conditions of the Sublease Agreement.
Section 20.2 Applicability
This Fun~ Agreement shall not be deemed applicable to: (a) any additional space added
to the origin8i 'Building and Site at any time during the Term, whether by the exetclse of any
options under the Sublease Agreement or otherwise, or (b) any portion of the original Building and
Site, or any additions ~ereto in the .event of a renewal or extension of ~e Term, whether by the
exercise of any options under." the Sublease or any amendment or supplement thereto. The
construction of any additions or improvements to the Building and Site not contemplated by this
Funding Agreement $hall be undertaken pursuant to a separate work letter agreement, in the form
then being used by Authority and specifically addressed to the allocation of costs relating to such
construction.
Section 20.3 Authority; Counterpart
Any person signing this Funding Agreement on behalf of Bureau warrants and represents
that such person has authority to do so. This Funding Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together constitute one
, instrument.
Section 20.4 Binding on Successors
Subject to the limitations on assignment and subletting contained in the Sublease
Agreement, this Funding Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
Section 20.5 City's Approval Rillhts
City may withhold its approval of the Space Plan, including any revisions requested by
Bureau, Bureau's Construction documents, Change Orders or other work requested by Bureau
which required work (i) exceeds or affects the structural integrity of the Project, or any part of the
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heating, ventilating, air conditioning, plumbing, mechanical, electrical; communication or other
systems of the Building and Site; (ii) is not approved by the holder of any mortgage or deed of
trust encumbering the Building and Site at the time the work is proposed; (iii) would not be
approved by a prudent owner of property similar to the Building and Site; (iv) viol"tes any
agreement which affects the Building and Site or binds Authority or City; (v) City reasonably
believes will increase the cost of operation or maintenance of any of the systems of the Building
and Site; (vi) City believes will reduce the market value of the Building and Site at the end of the
Sublease Term; (vii) does not conform to. applicable building code or is not approved by any
governmental' authority with jurisdiction over the Building and Site; (~) in City's determination
detrimentally affects the uniform exterior appearance of the Building and Site; or (ix) is reasonably
disapproved by City fo~. any other reason not set forth herein.
Section 20.6 Time of the ESsence
Time is of the essence as to each and every term and provision of this Funding Agreement.
In all instances wh~ Bureau is required to approve an item, if no written notice of disapproval- is
given within the stllted time period at the end of said period the item shall automatically be
deemed approved and the next succeeding time period shall commence. Except as otherwise
provided, all references herein to a "number of days" shall mean and refer to calendar days.
Section 20.7 Attorneys' Fees
In any action to enforce or interpret the terms of this Funding Agreement, the party
prevailing in that action shall be entitled to recover its reasonable attorneys' fees and costs of suit,
,both at trial and on appeal.
Section 20.8 Incorporation
This Funding Agreement is hereby incorporated by reference in the Sublease Agreement
and the lnterlocal Agreement. Any default by Bureau hereunder also constitutes a default under
the Sublease Agreement.
Section 20.9 Notice
All notices or other communications which shall or may be given pursuant to this
Funding Agreement shall be in writing and shall be delivered by personal service or by certified
mail addressed to the parties at their respective addresses indicated below or as the same may be
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changed in writing from time to time. Such notice shall be deemed given on the day on which
personally served, or if by certified mail, 'on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
".
NOTICE TO BUREAU:
President and CEO
Greater Miami Convention &:
Visitors Bureau
701 Brickell Avenue, Suite 2700
Miami, FL 33131
NOTICE TO AUTIlORITY:
Executive Director
Miami Sports &: Exhibition Authority
444 SW 2 Avenue, 9'" Floor
Miami, FL 33130
NOTICE.TO CITY:
,City Manager ,....
City of Miami ,
444 SW 2 Avenue', Ilf Floor
Miami, FL 33130
Section 20.10 Amendments
City, Authority and Bureau by mutual agreement, shall have the right but not the
obligation to amend this F11Tvt-ing Agreement. Such amendments shall be effective only when
signed by the City Manager, Executive Director of the Authority and Bureau and shall be
incorporated as a part of this Sublease.
. Section 20.11 Construction of ARIeCment
This Funding Agreement shall be construed and enforced according to the laws of the
State of Florida.
Section 20.12 Waiver of Jury Trial
The Parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action. proceeding or counterclaim based on
this Funding Agreement, or arising out of, under or in connection with this Funding Agreement
or any amendment or modification of this Funding Agreement, or any other agreement executed
by and between the parties in connection with this Funding Agreement, or any course of
:onduct. course of dealing, statements (whether verbal or written) or actions of any Party
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hereto. This waiver of jury trial provision is a material inducement for the City, Authority and
Bureau entering into the subject transaction.
Section 20.13 Severability. If any provision of the Funding Agreement, or any
paragraph, sentence, clause, phrase, or word, or the application thereof, is held invalid, the
remainder of, the Funding Agreement shall be construed as if such invaJid part were never
included herein and the Funding Agreement shall be and remain valid and enforceable to the
fullest extent permitted by law.
Section 20.~4 Captions. The captions contained in this Funding Agreement are
inserted onl{:as a '~ttcr Of convenience and for reference and in no way define, limit or
prescribe the scope of this Pl,yYIil'lg Agreement or the. intent of any provisions thereof.
,'.
'IN WITNESS Whereof,.this FUnding Agreement has been made and executed as of the
date set forth below.
ATl'EST:
.J;~./U .:z&.
l Foem · city CIorli
APPROVED AS TO FORM
AND CORRECTNESS
By: '
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~ON
Merrett Stierheim.
President and CEO
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