Agenda_2Sept201519'15. ?O15
MIAMIBEACH
City Gommission Meeting
City Hall, Gommission Chambers, 3'o Floor,1700 Convention Genter Drive
September 2,2015
Mayor Philip Levine
Vice-Mayor Edward L. Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Comm issioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrslf us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity
with the Gity Commission, any City Board or Committee, or any personnel as defined in the
subject Code sections. Copies of the Gity Code sections on lobbyists laws are available in the
Office of the City Clerk. Questions regarding the provisions of the Code should be directed to
the Office of the City Attorney.
To request this material in alternate format, sign language interpreter (five-day notice required), information
on access for persons with disabilities, and/or any accommodation to review any document or participate in
any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6;
TTY users may call via 711 (Florida Relay Service).
ln order to ensure adequate public consideration, ffnecessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their
discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
Call to Order - 8:30 a.m.
lnspirational Message and Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
Recess for lunch at approximately 12:00 p.m.
1.
2.
3.
4.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
1
Commission Agenda, September 2, 2015
Presentation
PA1 Proclamation To Be Presented ln Honor Of Hispanic Heritage Month (September 15 - October
15,2015).
(Office of the City Manager)
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To lssue A Request For Qualifications (RFO) No. 2015-240-KB For
Architectural And Engineering Design Services For The Future Community Park (Former Par 3)
Project.
(ProcuremenUCapital lmprovement Projects)
G4 - Commission Gommittee Assignments
C4A Referral To The Planning Board - Proposed Ordinance Amending Chapter 130 Of The Land
Development Regulations Of The City Code Pertaining To Off-Street Loading Space
Requirements.
(Sponsored by Commissioner Deede Weithorn & Joy Malakoff)
(Legislative Tracking: Planning)
C4B Referral To The Planning Board - Proposed Ordinance Amending Chapter 142 O'f The Land
Development Regulations Of The City Code Pertaining To Mandatory Traffic Studies For DRB
And HPB Development Applications.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Planning)
C4C Referral To The Planning Board - Proposed Ordinances Amending Chapter 114 And Chapter 142
Of The Land Development Regulations Of The City Code, And Chapter 6 Of The City Code,
Pertai n i ng To Alcohol ic Beverage Reg ulations.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
C4D Referral To The Planning Board - Proposed Ordinance Amending Cn"pt", 130 Of The Land
Development Regulations Of The City Code Pertaining To Electric Vehicle Charging Stations.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Planning)
C4E Referral To The Planning Board - Proposed Ordinance Creating Chapter 133 ln The Land
Development Regulations Of The City Code Pertaining To Sustainability And Resiliency.
(Sponsored by Commissioners Micky Steinberg & Michael Grieco)
(Legislative Tracking: Planning)
2
2
Commission Agenda, September 2, 2015
C4F Referral To The
Celebration.
Neighborhood/Community Affairs Committee - Discussion Regarding July 4th
(Tourism, Culture & Economic Development)
C4G Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The
Convention Center Park And Veteran's Plaza.
(Office of the City Manager)
C4H Referral To The Sustainability And Resiliency Committee - Discussion To lmprove The Resiliency
Of Government Buildings And Operations To Reduce And Mitigate The lmpacts Of Greenhouse
Gas Emissions.
(Sponsored by Commissioner Micky Steinberg)
C6 - Gommission Commiftee Reports
COA Report Of The July 29,2015 Land Use And Development Committee Meeting: 1. Discussion On
Possible Amendments To Chapter 6 And Chapter 142 Ot The City Code. 2. Discussion On The
Collins Canal Project. 3. a) Annual Evaluation Of Parking lmpact Fee Structure. 3. b) Discussion
Regarding The Philosophy Behind Parking lmpact Fees. 4. Discussion Regarding Seawall
Conditions, Encroachments lnto Public Property For Private Use. 5. Discussion Regarding The
Provision Of Renewable Energy Sources ln New Construction Projects. 6. Sidewalk Caf6 Ocean
Drive Umbrellas - An Ordinance Amending Chapter 82, Entitled "Public Property," Article lV,
Entitled "Uses ln Public Rights-Of-Way," Division 5, Entitled "Sidewalk Cafes," Subdivision 2,
Entitled "Permit," By Creating Section 82-389, Entitled "Additional Minimum Standards, Criteria,
And Conditions For Operation Of Sidewalk Cafes On Ocean Drive Between 5th Street And 1Sth
Street" To Provide Minimum Standards For Umbrellas And Awnings, Require Regular
Maintenance Of Umbrellas, And Provide Prohibitions; And Providing For Repealer, Severability,
Codification, And An Effective Date. 7. Discussion Regarding Grade Elevations For New
Construction. 8. Discussion Regarding Traffic Studies. 9. Proposed Revisions To Chapter 126 Of
The Land Development Regulations Of The City Code, Pertaining To Landscaping And Minimum
Standards For The Landscaping Of Private Properties And Adding A Requirement For A Tree
Survey Prior To The lssuance Of A Demolition Permit. 10. Amendment To Chapter 130 Of The
Land Development Regulations To Modify Minimum Requirements For Off Street Loading
Spaces. 11. Discussion: Legal Opinion Concerning Whether A Vacancy On The Historic
Preservation Board Renders The Board lmproperly Constituted And Without Power To Act, And
To Discuss An Amendment To Sec. 2-22(21) To Require The Mayor And City Commission To Fill
Board Vacancies Within 90 Days. 12. Discussion Regarding Amending The City Charter And City
Code To Provide That lnstead Of The Board Of Adjustment The Chief Special Master Shall Hear
And Decide Appeals From, And Review, Any Order, Requirements, Decision Or Determination
Made By An Administrative Official Charged With The Enforcement Of The Zoning Ordinance Of
The City Of Miami Beach. 13. Discussion Regarding RFP For Electric Vehicle Charging Stations
For City Parking Facilities. 14. Discussion On A Proposed Ordinance Amendment To Modify The
Minimum Front And Side Setback, And Minimum Pervious Area Requirements For Single Family
Homes, As Well As Simplifying The Regulations Pertaining To The Calculation Of Unit Size And
Lot Coverage. 15. Discussion Pertaining To Main Use Parking Structure Height Limits On
Terminal lsland. 16. Discussion Regarding Additional Height ln The Alton Road Parking District
For Projects That Provide Structured Parking. 17. Discussion Regarding Withdrawing The
Proposed Ordinance Assigned File No(s).. 2233, 2234, And 2235 (All Related To Alcohol
Beverage Regulations) From The Planning Board's Jurisdiction.
3
3
Commission Agenda, September 2, 2015
COB Report Of The July 22,2015 Sustainability And Resiliency Committee: 1) Mayor's Blue Ribbon
On Flooding And Sea Level Rise Update. 2) Sustainability Committee Update. 3a) Discussion
Regarding The Provision Of Renewable Energy Sources ln New Construction Projects And
Green Building Practices ln New Construction Projects. 3b) Referral Regarding The lncorporation
Of Green Roofs ln Future Building Projects. 4) Referral Designating A Department Or Specific
Employees To Develop And Oversee Sound And Comprehensive Policy Regarding Climate
Change. 5) Discussion Regarding The lncorporation Of Green Alleys 6) Charging Stations For
Plug-ln Vehicles.
C6C Report Of The July 31 ,2015 Neighborhood/Community Affairs Committee (NCAC) Meeting: 1)
Report From Miami-Dade County Public Schools On The Status Of The Action Plan Related To
Nautilus Middle School And Progress Date. 2) Discussion Regarding The Status Of City Funds
Given To The Wolfsonian-FlU Museum. 3) Discussion Regarding Status Of Beach Chair Lock
Boxes For Valuables. 4) Discussion Regarding Bicycle Parking Locations And Adding Attractive
Bike Racks Throughout The City. 5) Discussion Regarding The Lack Of Availability Of Public
Parking At 46th Street And Collins Avenue; And Discussion Regarding A Competition Swimming
Pool. 6) Discussion Regarding Amending Chapter 74 Of The Code Of The City Of Miami Beach,
Entitled "Peddlers And Solicitors," By Amending Article lll, Entitled "Panhandling On Public
Property," To Provide Additional Areas Where Panhandling ls Prohibited; Providing For Repealer,
Severability, Codification, And An Effective Date. 7l Discussion And Update Regarding
Undergrounding Of FPL Lines ln The Venetian lslands And Citywide. 8) Discussion Regarding
Options For The Relocation Of The 21"1 Street Teen Center. 9) Monthly Crime Statistics Report.
C7 - Resolutions
CTA A Resolution Approving And Authorizing The City Manager, Or His Designee, To: 1) Collaborate
With Harvard University Graduate School Of Design On An Application To The National Science
Foundation For The lnfrastructure Management And Extreme Events Grant ln The Amount Of
$250,000; 2) Submit Applications To: A) Miami-Dade County For FY 2014115 Edward Byrne
Memorial Justice Assistance Grant Program Funds ln The Approximate Amount Of $10,000 And
B) The United States Conference Of Mayors For The 2015 Childhood Obesity Prevention Awards
Program ln The Amount $120,000; And 3) Retroactively Approve The Submittal Of The Following
Grant Applications: A) Christopher And Dana Reeve Foundation For Funding ln The Approximate
Amount Of $25,000 For Adaptive Exercise Equipment For The Allison Park Project And B) Florida
Department Of Environmental Protection, Florida Recreation Development Assistance Program
(FRDAP) For Funding ln The Approximate Amount Of $200,000 For The Allison Park Project;
And Further Authorizing The City Manager, Or His Designee, To Take All Necessary Steps And
To Execute Documents ln Connection With The Aforestated Grants And Funding Requests,
lncluding, Without Limitation, Applications, Grant And Funding Agreements, And Audits..
(Budget & Performance lmprovements)
4
Commission Agenda, September 2, 2015
C7B Reappointment Of Chief Special Master1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30-36 Of The Code Of The City Of Miami Beach, Concerning The Reappointment Of
Enrique Zamora, Esq., To Serve As Chief Special Master, For A Term Commencing On
October 24, 2015 And Ending On April 23, 2016; Provided Further That Chief Special
Master Zamora Shall Be Authorized To Hold Hearings And lmpose Fines, Liens And
Other Non-Criminal Penalties Against Violators Of The City And County Codes And
Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As
May Reasonably Be Required To Conduct The Subject Hearings; And Further
lncorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, lncluding,
Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation
And Duties Of The Chief Special Master.
(Office of the City Clerk)
2. A Resolution Approving And Reappointing, Pursuant To Section 102-356 Of The City
Code, Enrique Zamora, Esq. (Chief Special Master Reappointed Pursuant To Resolution
No.As The City Manager's "Designee" Under Section 102-356 Of The City
Code; Said Designation Commencing With Mr. Zamora's Term As Chief Special Master
On October 24,2015 And Ending On April 23,2016.
(Office of the City Clerk)
C7C A Resolution Authorizing The City Of Miami Beach To Accept A Donation Of A Deco Bike From
Decobike LLC., On Behalf Of The Miami Beach Police Department (MBPD), With An
Approximate Value Of $800, To Be Used ln Decoy Operations To ldentify And Apprehend Bicycle
Thieves.
(Police)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Qualifications No. 2015-144-YG (The RFQ), For Public
lnformation Outreach (PlO) Services On Right Of Way And Facilities Construction Projects;
Authorizing The Administration To Enter lnto Negotiations With HML Public Outreach, LLC.,
lnfinite Source Communications Group, LLC., Media Relations Group, LLC., And Quest
Corporation Of America, lnc., To Establish A Pool Of Consultants That Can Provide The
Required PIO Services On An As Needed Basis; And Further Authorizing The Mayor And City
Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The
Administration.
( Procu remenVCapital I m provement Projects/Publ ic Works)
CTE A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
To The Tyler Technologies, lnc., Agreement Between The City Of Miami Beach And Tyler
Technologies, lnc., Dated October 10,2014, Amending The ERP System 'Go-Live' Dates, To The
Contract With Tyler Technologies, lnc.
(ProcuremenUOffice of the City Manager)
(ltem to be Submitted in Supplemental)
5
Commission Agenda, September 2, 2015
C7F A Resolution Approving, Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole
Source Purchase Of Technical Service Support For Manual External Defibrillators And
Automated External Defibrillators From Physio-Control lnc., The Sole Source Provider; And
Approving And Authorizing The City Manager To Execute, ln Substantial Form, The Attached
Technical Service Support Agreement Between The City And Physio-Control lnc., For A Three (3)
Year Term, Commencing On October 1,2015 And Ending On September 30, 2018, For A Total
Cost Of $117,036.82, Subject To Review And Form Approval By The City Attorney's Office; And
Further Authorizing The Administration, ln lts Discretion, To Purchase Any Necessary
Accessories And Electrodes Pursuant To Said Agreement.
(ProcuremenUFire)
C7G A Resolution Approving And Authorizing The Acceptance Of Sponsorships Valued At $10,650
For The 2015 Annual Family Service Day, The 2015 Annual Veterans Day Parade, And For One
Monthly Food Truck And Music Festival, As Well As An ln-Kind Sponsorship Valued At $60,000,
Made To The City For A One Year Supply Of Dog Waste Bags.
(Tourism, Culture & Economic Development)
C7H A Resolution Approving An Award Of $3,350 For The City's Joint Tourism And Hospitality
Scholarship Program ln Partnership With Spectra Management Group And Centerplate, lnc.
(Tourism, Culture & Economic Development)
c7t Request To Amend The Awarded Contracts Pursuant To Invitation To Bid (lTB) 113-2013, For
Routine And Emergency Repairs For Water, Sanitary Sewer And Storm Water Pipe Break;
Cured-ln Place Lining For Sanitary Sewer Pipes And Storm Water Drainage Pipes; And
Rehabilitation Of Sanitary Sewer Manholes And Storm Water Manholes.
(ProcuremenUPublic Works)
End of Consent Aqenda
6
Commission Agenda, September 2, 201 5
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To lssue A Request For Proposals
Collection And Disposal Of Residential Solid Waste, Yard
Operation Of The City's Green Waste Facility.
( ProcuremenUPu blic Works)
(ltem to be Submitted in Supplemental)
R5 - Ordinances
R5A lncentives For Architecturally Significant Single Family Homes
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations,"
Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section 142-108,
"Provisions For The Demolition Of Single-Family Homes Located Outside Of Historic Districts;"
By Amending The Requirements And Procedures For The Retention Of Architecturally Significant
Single-Family Homes; Providing For Codification; Repealer; Severability; And An Effective Date.
10:00 a.m. Second Reading Public Hearins
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 8, 2015 - RsK)
RsB Demolition Procedures For Pre-1942 SF Homes
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations,"
Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section 142-108,
"Provisions For The Demolition Of Single-Family Homes Located Outside Of Historic Districts;"
By Amending The Requirements And Procedures For The lssuance Of A Demolition Permit Prior
To The lssuance Of A Full Building Permit For Architecturally Significant Pre-1942 Single Family
Homes; Providing For Codification; Repealer; Severability; And An Effective Date. 10:05 a.m.
Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 8, 2015 - RsL)
RsC Single Family Home Development Regulations For Lot Splits
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142,"Zoning Districts And Regulations,"Article ll, "District Regulations," Division 2, "RS-
1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Amending The Maximum Unit Size
And Lot Coverage For All Homes On Lots Resulting From A Lot Split; Providing For Repealer;
Codification; Severability; And An Effective Date. 10:10 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on JulY 8, 2015 - RsM)
(RFP) No. 2015-258-LR
Trash And Bulk Waste
For The
And The
7
Commission Agenda, September 2, 2015
RsD CD-3 Architectural District Parking Garage Heights
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District
Regulations," Division 6, "CD-3 Commercial High lntensity District," By Amending Section 142-
337, "Development Regulations And Area Requirements", To Clarify And Amend The Maximum
Height Requirements; Providing Codification; Repealer; Severability; And An Effective Date.
10:15 a.m. Second Reading Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 8,2015 - RsN)
RsE Washington Avenue Zoning lncentives
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations,"
Division 5, "CD-2 Commercial, Medium lntensity District," To Establish Section 13-309,
"Washington Avenue Development Regulations And Area Requirements," To Modify The
Development Regulations For Properties Fronting Washington Avenue Between 6th Street And
Lincoln Road; By Amending Chapter 130, "Off-Street Parking," Article ll, "Districts;
Requirements," To Establish Parking District 7 To Modify The Parking Requirements For The
Properties Fronting Washington Avenue Between 6th Street And Lincoln; Providing For
Codification; Repealer; Severability; And An Effective Date. 10:20 a.m. First Readinq Public
Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
RsF An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 66,
Entitled "Marine Structures, Facilities And Vehicles," By Amending Article ll, Entitled "Restricted
Wake Zones," By Amending Section 66-43, Entitled "Restricted Areas," By Amending Subsection
B Thereof Regarding The ldle Speed, No Wake Zones By Adding An ldle Speed, No Wake Zone
ln The Area Of The Miami Beach Marina And Amending The Appendices To Section 66-43,
Accordingly; Providing For Repealer, Severability, Codification, And An Effective Date.
f 0:25 a.m. Second Readinq Public Hearinq
(Sponsored by Mayor Philip Levine)
( Leg islative Tracki ng : Environ ment & Sustainabi I ity)
(First Reading on July 8, 2015 - RsO)
RsG An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," By Creating Article Vl, To Be Entitled "Expanded Polystyrene Sale And Use
Restrictions," To Provide Regulations For The Sale And Use Of Expanded Polystyrene Food
Service Articles, And To Provide For Enforcement, Penalties, And Waivers For Financial
Hardship; And Providing For Repealer, Severability, Codification, And An Effective Date.
10:30 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
( Leg islative Tracki ng : Environment & Sustai nability)
(First Reading on July 8,2015 - RsP)
8
R5H
Commission Agenda, September 2, 2015
R5t
An Ordinance Amending Chapter 18 Of The Miami Beach City Code, Entitled "Businesses," By
Amending Article Vlll, Entitled "Parking Lot," By Amending Division l, Entitled "Generally," By
Amending Section 18-310, Entitled, "Requirements For lssuance Of License," By Requiring A
Notarized Letter Before lssuance Of Valet Parking License; By Deleting Section 18-31 1, Entitled,
"Employers And Valet Operators Code Of Conduct," And Creating A New Section 18-311,
Entitled "Operation Of Service," By Removing Language That Allowed The Leasing Of Municipal
Spaces; By Removing Section 18-312, Entitled, "Operation Of Service;" By Deleting Section 18-
313, Entitled, "Special Event Permit;" By Deleting Section 18-314, Entitled, "Enforcement, Fine
Schedule, And Right Of Appeal;" By Deleting Section 18-315, Entitled, "Compliance Date;" By
Amending Division 2, Entitled, "Valet Parking Permits For Use Of Public Property," By Amending
Section 18-336, Entitled, "Separate Permit Required," Authorizing Consolidation Of Valet Parking
Ramps And ldentifying The Types Of Uses For Space Rental Valet Parking; By Amending
Section 18-337, Entitled, "Requirements," Which Establishes Submission Standards For A Valet
Parking Operational Plan; By Deleting Section 18-339, Entitled, "Cancellation And Revocation;"
And Creating A New Section 18-339, Entitled, "Private Storage Of Valet Vehicles," Which
Requires The Parking Director To Confirm Sufficient Rental Storage Capacity; By Creating A New
Section 18-340, Entitled, "Employees And Valet Operators Code Of Conduct" That Establishes
The Code Of Conduct Standards For Valet Operators And Their Employees; By Creating A New
Section 18-341, Entitled, "Operation Of Service," Which Requires The ldentification Of Rented
Spaces, Ramping, On-Call Valet Ramps, Storage And Valet Parking Street Furniture; By Creating
A New Section 18-342, Entitled, "Exceptions," That Permits Valet Service ln Residential Zoned
Areas; By Creating A New Section 18-343, Entitled, "Penalties And Enforcement, Fine Schedule,
Right Of Appeal," And Further Amending Division 3, Entitled, "Rentals," By Amending Section 18-
361, Entitled, "Rental And Operation Of Municipal Parking Spaces," Which Modifies The
Permissible Operations Of Public Spaces For Ramping; And The Deletion Of Section 18-362,
Entitled, "Rental Of Additional Parking For Storage Of Vehicles," Providing For Repealer,
Severability, Codification, And An Effective Date. 10:35 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Parking)
(First Reading on July 8, 2015 - RsQ)
An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article ll, Entitled "City Commission," By Amending Section 2-12,
Entitled "Meeting Agendas," By Amending The Requirements And Procedures Relating To City
Commission Meetings And Agenda; Providing For Repealer, Severability, Codification, And An
Effective Date. 10:40 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on July 8, 2015 - RsR)
MXE Setbacks
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, Chapter
142,"Zoning Districts And Regulations," Article ll, "District Regulations"', Division 13, "MXE Mixed
Use Entertainment District," At Section 142-547, "Setback Requirements," By Amending The
Setback Requirements To lnclude Separate, Reduced Setback Requirements For Commercial
Buildings That Do Not Contain Any Hotel Or Residential Units; Providing For Codification;
Repealer; Severability, And An Effective Date. First Readinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Planning)
(Deferred from July 8,2015 - RsJ)
R5J
9
Commission Agenda, September 2, 2015
R5K An Ordinance Amending Miami Beach City Code Chapter 82, Entitled "Public Property," By
Amending Article lV Thereof Entitled "Uses ln Public Right-Of-Way", By Amending Section 82-
383, Entitled "Permit Fee; Penalties For Late Payments; Review Of Fee," By Amending
Subsection (a) Thereof To Abate Sidewalk Caf6 Fees For Businesses North Of 63'd Street,
Through And lncluding September 30, 2017; Providing For Repealer, Codification, Severability,
And An Effective Date. First Readinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Public Works)
RsL Amend Penalties For Franchise And Permit Fees Not Paid To The City By Private Waste And
Specialty Contractors
An Ordinance Amending Chapter 90 Of The Code Of The City Of Miami Beach, Entitled "Solid
Waste," By Amending Article lV, Entitled "Private Waste Contractors," By Amending Division 3,
Entitled "Franchise," By Amending Section 90-225, Entitled "Failure To Pay Franchise Fee," To
Amend The Penalties For Failure To Pay Franchise Fees; And By Amending Division 4, Entitled
"Specialty Contractors," By Amending Section 90-278, Entitled "Fees And Requirements," To
Amend The Penalties For The Failure To Pay Permit Fees; Providing For Repealer; Severability;
Codification; And An Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Budget & Performance lmprovement)
RsM An Ordinance Amending Part l, Subpart B, Article lX, Related Special Acts, Of The Miami Beach
City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And
Fire Departments"; Amending The Pension System To Comply With Applicable Provisions Of The
lnternal Revenue Code And Regulations Thereunder; Amending Section 62, Entitled "Definitions";
Amending Section 63, Entitled "Source Of Monies For Fund; Computation Of Liability; Use And
lnvestment Of Fund"; Amending Section 66, Entitled "Service And Disability Benefits Generally";
Amending Section 70, Entitled "Return Of Contribution"; Amending Section 79, Entitled "Deferred
Retirement Option Plan"; Amending Section 82, Entitled "Military Service"; Amending Section 83,
Entitled "Limitations On Benefits;" Amending Section 84, Entitled "Distribution Limitation";
Amending Section 85, Entitled "Distribution To Retirement Plan"; Providing For Severability;
Repealing All Ordinances ln Conflict Therewith; And Providing An Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
RsN An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," By Amending Article lll, Entitled "Litter," By Amending Division 1, Entitled
"Generally," By Amending Section 46-92 To Amend The Enforcement And Penalty Provisions For
Violations Of Subsections (b), (c), (d), And (e), By lncreasing Penalties For Violations Of
Subsections (b), (c), (d), And (e), And lmposing Criminal Penalties For Violations Of Subsection
(b) On Beaches, Parks, Marinas, Piers, Docks, And Boat Ramps; To Amend Provisions ln
Subsections (l) And (m) Regarding Appeals From Violations; And To Amend The Provisions ln
Subsection (m) Regarding Liens For Unpaid Fines; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Grieco)
(Legislative Tracking: Environment & Sustainability)
(ltem to be Submitted in Supplemental)
10
10
Commission Agenda, September 2, 201 5
RsO An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled "Traffic And
Vehicles," By Amending Article ll, Entitled "Metered Parking," By Amending Division 1, Entitled
"Generally," By Amending Section 106-47, Entitled "Freight, Commercial, And Passenger Curb
Loading Zones; Hours, Deliveries"; By Deleting Subsection (c), (d) And (e); By Amending
Subsection (b) To Require Property Owners And Businesses To Confirm Compliance With
Subsection (g) For Commercial Motor Vehicles Deliveries And Services; By Prohibiting Deliveries
Or Services For Commercial Motor Vehicles That Fail To Comply With Subsections (f) Through
(n); By Creating A New Subsection (d) And (e), Which Limits The Authority Of The Special
Master; By Amending The Enforcement And Penalty Provisions For Violations Of Subsections
(b); Providing For Codification, Repealer, Severability, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
RsP An Ordinance Amending Chapter 142 O'f The Miami Beach City Code, Entitled "Zoning Districts
And Regulations," By Amending Article lV, Entitled "Supplementary District Regulations"; By
Amending Division 3, Entitled "supplementary Use Regulations"; By Amending Subsection (5),
To Require Transient Guest(s) Or Occupant(s) To Register At The Suite Hotel; Providing For
Codification, Repealer, Severability, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
RsQ An Ordinance Amending Chapter 90 Of The Code Of The City Of Miami Beach, Entitled "Solid
Waste," By Amending Article ll, Entitled "Administration," By Amending Section 90-39 Thereof,
Entitled "Fine Schedule For Violations lssued And Applied To Owners, Agents, Tenants,
Occupants, Operators Or Managers, Or Persons Responsible For The Violation," To Amend The
Fine Schedules Therein; And Providing For Repealer, Severability, Codification, And An Effective
Date. First Readinq
(Sponsored by Deede Weithorn)
(Legislative Tracking: Code Enforcement)
(ltem to be Submitted in Supplemental)
R7 - Resolutions
R7A A Resolution Approving, Following Second Reading/Public Hearing, A Development And Ground
Lease Agreement, As Authorized, Respectively, Under Section 118-4 Of The City Code,
Sections 163.3220 - 163.3243, Florida Statutes, And Section 82-37 Of The City Code, Between
The City And Portman Miami Beach, LLC ("Portman"), For The Development Of An 800-Room
Convention Headquarter Hotel And Related Facilities, lncluding Up To 95,000 Square Feet Of
Conference And Ballroom Facilities, And Up To 37,400 Square Feet Of Restaurant Facilities (The
"Hotel"), On An Approximately 2.65 Acre Site On The Northeast Corner Of 17th Street And
Convention Center Drive, Bounded Roughly By The Miami Beach Convention Center To The
North, 17th Street To The South, The Fillmore Miami Beach At The Jackie Gleason Theater To
The East, And Convention Center Drive To The West (The "Leased Property"); Delineating The
Conditions For The Design, Construction, Equipping And Operation Of The Hotel On The Leased
Property, With No City Funding Therefor; Providing For A 99-Year Term Of The Leased Property
Once Certain Conditions Are Satisfied; Prohibiting Gambling Establishments On The Leased
Property; And Providing For Annual Base Rent To The City, After The Hotel Opens, Of The
Greater Of Minimum Fixed Rent Or A Percentage Of The Gross Operating Revenues Of The
Hotel, Among Other Rent. 11:00 a.m. Second Readinq Public Hearinq
(Office of the City Manager/Office of the City Attorney)
(First Reading on July 31 , 2015 - R7A)
11
11
Commission Agenda, September 2, 2015
R7B A Resolution Calling For A November 3,2015 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Should
Lease 2.65-Acre Property At Northeast Corner Of 17th Street And Convention Center Drive To
Portman Miami Beach LLC For 99 Years, Requiring, Per Resolution 2015--,
Construction/Operation Of Privately-Funded 800 Room Hotel With 300 Foot Height Limit,
Connected To Convention Center Via Pedestrian Skybridge; No Gambling; And Rent To City
After Hotel Opens, lncluding Greater Of: Minimum Rent ($12,373,785 Over First Ten Years,
Adjusted Thereafter) Or Percentage Of Hotel's Revenues Annually.
(Office of the City Attorney/Office of the City Manager)
R7C A Resolution Calling For A November 3,2015 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida, A Question Asking Whether The Floor
Area Ratio (FAR) For The "Ocean Terrace Overlay District," With An Underlying Zoning
Designation Of "Commercial District-2" ("CD-2") And "Mixed Use Entertainment District" ("MXE"),
Be lncreased From A Maximum 2.0 FAR To A Maximum 3.0 Far For Residential And Hotel Uses
Only, And Allow No FAR lncrease For Commercial Uses; Which Ocean Terrace Overlay District
ls Located Between 73'd And 75th Streets, Collins Avenue, And Ocean Terrace?
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
R7D A Resolution Calling For A November 3, 2015 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Code
Section 2-459 Should Be Amended To Provide Further Exception Allowing Historic Preservation
And Design Review Board Members Who Are Architects Or Landscape Architects To Lobby City
Personnel And Agencies On Land Development Applications, Except For Applications Before The
Board On Which They Serve.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
(On July 8,2015, it was requested to bring this item to September 2,2015 - R7R)
R7E A Resolution Supporting "The Envelope Please" lnitiative, Which Asks Hotels To Place
Envelopes ln Hotel Rooms To Remind Guests To Express Their Gratitude By Leaving Tips For
Room Attendants, And Encouraging All Hotels ln The City Of Miami Beach To Participate ln The
lnitiative.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
R7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement
Agreement Between The City (Owner), PKY Lincoln Place, LLC (Tenant), And 16th Street
Partners, LLC (Master Subtenant), Relating To That Certain Agreement Of Lease (Ground
Lease), Dated September 1, 1999, ForThe Lincoln Place Garage, Located At 1601 Washington
Avenue.
(Office of the City AttorneylTourism, Culture & Economic Development)
(ltem to be Submitted in Supplemental)
12
12
Commission Agenda, September 2, 2015
R7G A Resolution Approving The Extension Of Hours For Certain Alcoholic Beverage Establishments
With A 5:00 a.m. Liquor License To 7:00 a.m., Under Certain Specified Conditions Pursuant To
Section 6 Of The City Code, For White Parly 2015 (November 27th And 28th, 2015), Winter Party
Festival 2016 (March 4th And 5th' 2016), And Miami Beach Gay Pride 2016 (April 8th And gth,
2016) As Recommended By The LGBT Advisory Committee, And Further Providing That The
Extension Of Alcoholic Beverage Service Be Applied Only To Events Held ln The City Of Miami
Beach On The Above-Stated Dates.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
R7H A Resolution Adopting The Sixth Amendment To The Capital Budget For Fiscal Year 2014115.
11:05 a.m. Public Hearinq
(Budget & Performance lmprovement)
(ltem to be Submitted in Supplemental)
R7t Approve Accessible Beach, Outdoor Recreation & Playground Facility And Wellness Center at
Allison Park
1.A Resolution Approving, ln Concept, An Accessible Beach And An Accessible Outdoor
Recreation And Playground Facility At Allison Park.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Capital lmprovement Projects)
A Resolution Approving, ln Concept, The Proposed Construction Of A New Wellness
Center At Allison Park; And Further Authorizing The City Manager And City Attorney's
Office To Negotiate The Material Business Terms Of A Proposed Ground Lease
Agreement Between The City, As Lessor, And The Sabrina Cohen Foundation, As
Lessee, For Approximately 10,000 Square Feet Of City-Owned Land, For Construction
And Development Of The Proposed New Wellness Center At Allison Park (At Lessee's
Sole Cost And Expense), Which Final Negotiated Lease Agreement Shall Be Subject To
Approval By The City Commission And By A Majority Of The Voters ln A City-Wide
Referendum, Pursuant To Section 1.03(b) Of The City's Charter; Provided Further That
The Final Negotiated Term Sheet Shall Be Brought Back To The City Commission For
Approval.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Capital lmprovement Projects)
R7J A Resolution Approving And Authorizing A Substantial Amendment To The City's Five-Year
Consolidated Plan To Allocate $271,000 Of Previously Unallocated Home lnvestment
Partnerships (HOME) Funds From Prior Years To The London House Apartments Affordable
Housing Project; Authorizing The City Manager To Recapture And Reallocate $48,343 Of HOME
Funds From The Meridian Place Apartments Affordable Housing Project To The London House
Apartments Project; lssue A Notice Of A Thirty (30) Day Public Comment Period On The
Proposed Substantial Amendments To The City's Five-Year Consolidated Plan; And Authorizing
The City Manager To Execute lnter-Departmental Agreements For Recipients Of The Funds.' (Housing & Community Services)
2.
'13
13
Commission Agenda, September 2, 2015
R7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement,
Substantially ln The Form Attached To This Resolution, Between The City And Skidata, lnc.,
Pursuant To lnvitation To Negotiate (lTN) 2014-170-SW, For A Gated Revenue Control System
For The City's Parking Garages, For An lnitial Term Of Ten (10) Years, With Two (2) Five (5)
Year Options, At The City's Sole Discretion.
(ProcuremenVParking)
(On July 8, 2015, it was requested to bring the agreement for approval on September 2,2015 - R7N)
(ltem to be Submitted in Supplemental)
R7L A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee To Relocate The Teen Club From lts Current Location At The 21't Street Recreation
Center, To The Scott Rakow Youth Center.
(Parks & Recreation)
R7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Proposals No.2015-146-YG (The RFP), For Parking
Attendants For City Parking Garages.
(ProcuremenVParking)
R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 2015-135-WG For Parking Meter
Collection Services.
(ProcuremenUParking)
R7O A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 5 To The Design-Build Agreement With Bergeron Land Development, lnc., Dated April 30,
2014 (The Agreement), Related To The Disposal Of Soils From The West Avenue Neighborhood
Project, Provide Rental Generators To Reduce Flooding And Establish Street Lighting Standards
For The City, Further lncreasing The Cost Of The Agreement By $2,000,000.
(Public Works)
R7P A Resolution Approving And Authorizing Amendment No. 1 To The Development Agreement
Between The City And Jameck Development, lnc. (Jameck Or Developer), Dated July 23,2014,
For The Design, Development, And Construction Of Certain Streetscape lmprovement ln The
City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane
South (The Project); Said Amendment lncreasing The Budgeted Cost Of The Project To A
Guaranteed Maximum Price (GMP) Of $786,200, Due To Construction Cost lncreases, But
Without Changing The City's Financial Contribution To The Project (ln The Original Approved
Amount Of $485,820); And Requiring The Developer To Pay For Any Project Costs Exceeding
The City's Contribution.
(Public Works)
14
14
Commission Agenda, September 2, 2015
R7Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
To The Existing Joint Participation Agreement (JPA) Between The City And Florida Department
Of Transportation (FDOT), Providing For Funding ln The Amount Of Additional $302,518, For
Patterned Pavement Crosswalks By FDOT Highway Contractor For The Construction Within The
Pro1ect Area, As Part Of The State Road 907/Alton Road Project, From Sth Street To Michigan
Avenue; Further Approving And Authorizing The Mayor And City Clerk To Execute As Well A
Correspond i ng Maintenance Memorand um Of Agreement.
(Public Works)
R7R A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Request
For Qualifications No. 2014-11s-SR, For Professional Engineering Consulting Services Relating
To The Design Of The New West Avenue Bridge Over The Collins Canal (The "RFQ"); To
Withdraw This Procurement Process And Amend The Existing Contract With Gannett Fleming,
lnc., Who Completed The Planning Development And Environmental Phase Of This Project;
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
(Public Works)
(ltem to be Submifted in Supplemental)
R7S A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee,
And Approving Amended And Restated Booking Policy Guidelines For The Miami Beach
Convention Center.
(Tourism, Culture & Economic Development)
R7T A Resolution Pursuant To Section 82-37(a)(2) Of The City Code, Setting A Public Hearing To
Consider Approving, On Second Reading, The Transfer, Via An Air Rights Easement Agreement,
To Betsy Ross Owner, LLC, The Property ldentified ln Exhibit "A," For The Construction Of
Bridge Over The Ocean Court Alley Between The Carlton And The Betsy Hotels; Containing
Appioximately 181 .66 Square Feet ln Total Area; Further Waiving, By 5/7th Vote, The Competitive
Bidding Requirements Of Section 82-39(b) Of The City Code, Finding That The Public lnterest
Would Be Served By Waiving Such Condition; Directing The ltem Be Sent To The Next Finance
And Citywide Projects Committee Meeting With A Copy Of The Updated Appraisal; And Directing
The City's Planning Department To Prepare A Planning Analysis Pursuant To Section 82-38 Of
The City Code.
(Public Works)
R7U A Resolution Approving The Washington Avenue Storm Water Pipe Replacement Project, From
20th Street To Collins Avenue (Project), Having An Estimated Construction Cost Of $2,500,000,
Plus A $250,000 Project Contingency, For A Grand Total Of $2,750,000 And Further Authorizing
The City Manager To Procure The Project Construction Services Utilizing The Competitively Bid
National Joint Powers Alliance (NJPA) Cooperative Contract For Construction Services With The
Gordian Group.
(Public Works)
15
15
Commission Agenda, September 2, 2015
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(Office of the City Clerk)
R9A1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Pro1ect.
(Office of the City Manager)
RgD Discussion On Proposed Modifications To The Flamingo Park Masterplan And The Actions Of
The Historic Preservation Board.
(Office of the City Manager)
RgE Discussion Regarding Negotiations Between The City Of Miami Beach And Xerox State And
Local Solutions, lnc., Pursuant To The Red-Light Camera Agreement, As Authorized By The
Mayor And City Commission Under Resolution No. 2015-29018.
(Police)
RgF Presentation On Beautification Of Alton Road Flyover Bridge At Eastern End Of l-395.
(Public Works)
RgG Discussion Regarding PSA Litter Advertising On Garage Gate Arms And Wrapping lnterior Of
Elevators ln Garages Near Beach.
(Sponsored by Commissioner Michael Grieco)
RgH Discussion Regarding Provisions For Attractive Window Wraps For Vacant Commercial
Properties.
(Sponsored by Commissioner Michael Grieco)
Rgl Discussion Regarding Tour Buses Misusing And Blocking The Streets ln The Entertainment
District And South Of Fifth.
(Sponsored by Commissioner Michael Grieco)
RgJ Discussion Regarding The ECOMB Lease.
(Sponsored by Commissioner Michael Grieco)
16
16
Commission Agenda, September 2, 2015
RgK Discussion Regarding Unsolicited Proposal To Convert Collins Park Garage Project To A Ground
Lease And Cooperative Development.
(Sponsored by Commissioner Michael Grieco)
RgL Discussion Regarding Potential Air And Sea Show For Memorial Day Weekend 2O17Morld
OutGames.
(Sponsored by Commissioner Michael Grieco)
R9M Annual Report Regarding Tennis Management.
(Sponsored by Commissioner Michael Grieco)
RgN Discussion Regarding Extending Lanzo's Contract ln Sunset Harbor To lncorporate The Final
Phase 2.
(Sponsored by Commissioner Michael Grieco)
RgO Report On The City Of Miami Beach Action Plan For Special Needs Residents During A
Hurricane Or Other Emergency.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Emergency ManagemenVHousing & Community Services)
(Report requested on June 10,2015 - RgR)
RgP Discussion And Update Regarding Undergrounding Of FPL Lines ln The Venetian lslands And
Citywide.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Legislative Tracking: Public Works)
(ltem requested on July 8, 2015 - RgL)
RgQ Discussion Regarding Storm Water Pump Stations Policy.
(Public Works)
RgR Discussion Related To Making Sure Our City's Website ls Bilingual.
(Sponsored by Commissioner Micky Steinberg)
RgS Discussion Regarding A Potential Tennis Event ln North Beach And Other Areas Of Miami
Beach.
(Sponsored by Commissioner Micky Steinberg)
RgT Status Of Franchise Utilities Undergrounding - Sunset lslands 3 And 4.
(Capital lmprovement Projects)
17
17
Commission Agenda, September 2, 2015
R10 - Gitv Attornev Reports
R10A City Attorney's Status Report.
(Office of the City Attorney)
R10B Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, September 2, 2015, ln The City
Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
Reports and lnformational ltems
1. Reports and lnformational ltems (see LTC 334-2015).
2. List of Projects Covered by the Cone of Silence Ordinance - LTC No. 329-2015.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(Office of the City Clerk)
End of Regular Aqenda
18
18
Commission Agenda, September 2, 2015
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 2,2015
Chairperson of the Board Philip Levine
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Micky Steinberg
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro
Executive Director Jimmy L. Morales
Assistant Director Kathie G. Brooks
General Counsel RautJ. Aguila
Secretary Rafael E. Granado
AGENDA
Call to Order - 2:00 p.m.
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Accepting The Recommendations Of The Finance And Citywide Projects
Committee; Waiving The Competitive Bidding Requirement, Finding Such Waiver To Be
ln The Best lnterest Of The RDA; And Approving And Authorizing The Chairperson And
Secretary To Execute A Lease Agreement With Artconnection lnternational, lnc. (Tenant),
ln Connection With The Use Of Suite No. 6 At The Anchor Shops, Located At 100 16th
Street, Suite No. 6, Miami Beach, Florida (Premises); Said Lease Having An lnitial Term
Of Five (5) Years, Commencing On November 12,2015, With Two Renewal Options (At
Tenant's Option), Of Three (3) Years And One (1) Year And 364 Days, Respectively.
2:00 p.m. Public Hearinq
(Tourism, Culture & Economic Development)
19
19
20
21
2015 CITY COMMISSION/REDEVELOPMENT AGENCY (RDA)
MEETING DATES
Commission/RDA Meetings Alternate (Presentation) Meetings
(Start at 8:30 a.m.) (Start at 5:00 p.m.)
January 14 (Wednesday) January 27 (Tuesday)
February 11 (Wednesday) February 25 (Wednesday)
March 11 (Wednesday) March 18 (Wednesday)
April 15 (Wednesday) April 29 (Wednesday)
May 6 (Wednesday) May 20 (Wednesday)
June 10 (Wednesday) None
July 8 (Wednesday) July 29 (Wednesday)
August - City Commission/RDA in recess
September 2 (Wednesday)
September 10 (Thursday) 1st Budget Reading at 5:01 p.m.
September 30 (Wednesday) 2nd Budget Reading at 5:01 p.m.
October 14 (Wednesday) October 21 (Wednesday)
November 9* (Monday) November 23* (Monday)
December 9 (Wednesday) December 16 (Wednesday)
* Meeting(s) for election related items only.
Unless noticed otherwise, meetings are held in the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Dr. Stanley Sutnick Citizens' Forum will be held during the first Commission meeting each month.
The Forum will be split into two (2) sessions, 8:30 a.m. and 1:00 p.m. Approximately thirty (30)
minutes will be allocated per session for each of the subjects to be considered, with individuals being
limited to no more than three (3) minutes. No appointment or advance notification is needed in order
to speak to the Commission during this Forum.
22
1
CITY CLERK’S OFFICE LOBBYIST LIST
September 2, 2015City CommissionMeeting
Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed
C4C Amending Chapter 114/142 Of The Land Dev. Regulations & Chap 6. Pertaining To Alcohol.
Michael Larkin Myles Chefetz, Prime 112, LLC 3/24/15 $525
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh SOBE Hotel Miami Beach LLLP 3/16/15 $375 HR
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
R5A Incentives For Architecturally Significant Single Family Homes
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
David Custin Ocean Terrace Holdings, LLC 2/13/15 $8,000 monthly
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
R5B Demolition Procedures For Pre-1942 SF Homes
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
David Custin Ocean Terrace Holdings, LLC 2/13/15 $8,000 monthly
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
Ralph Choeff Ricardo Moraes 11/6/12 $150 HR
Ralph Choeff Nicolas Brocherie 9/3/13 $175 HR
Jorge Esteban Joseph Horn/Delaware 5025,LLC 10/3/14 $2,800
F:\CLER\COMMON\2015\09022015 CM\LOBBYISTS\Lobbyist List.Docx
23
2
Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed
R5C Single Family Home development Regulations For Lot Splits
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
David Custin Ocean Terrace Holdings, LLC 2/13/15 $8,000 monthly
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
R5D CD-3 Architectural District Parking Garage Heights
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
David Custin Ocean Terrace Holdings, LLC 2/13/15 $8,000 monthly
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
R5E Washington Avenue Zoning Incentives
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
David Custin Ocean Terrace Holdings, LLC 2/13/15 $8,000 monthly
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
Daniel Ciraldo Miami Design Preservation League 2/10/15 N/A
Monika Entin 1530 Washington Avenue, Ltd. 6/24/15 $375 HR
William Riley Jr. The Club Investment Group, LLC 2/10/15 $400 HR
R5J MXE Setbacks
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
David Custin Betsy Ross Owner, LLC 6/9/15 $4,000 Per Month
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
David Custin Ocean Terrace Holdings, LLC 2/13/15 $8,000 monthly
24
3
Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
R5P Amending Chp. 142 “Zoning Districts and Regulations”
Rafael Andrade CVS Pharmacy, Inc. 1/9/15 $50,000 Flat Rate
Raphael Levy Donna Feig 11/5/14 $175 HR
James Rauh Commerce Street Properties LLC 5/14/15 $350 HR
James Rauh Drunken Dragon, LLC 2/2/14 $150 HR
David Custin Ocean Terrace Holdings, LLC 2/13/15 $8,000 monthly
Andrew Saurez Guy Max Malul 6/26/15 $10,000 Per Month
R7A Development and Ground Lease Agreement between The City of Miami Beach and Portman Holdings. For
Convention Headquarter Hotel and related facilities
AmbrishBaisiwala Portman Holdings, LLC 4/23/15 Salaried Emp.
Margaret Benua Wendy E. Kallergis 4/16/15 0.00
Jeffery Bercow Jack Portman 5/7/15 $625.00 HR
Lucia Dougherty Greater Miami Convention & Visitors
Bureau
4/15/12 $300.00 HR
Lucia Dougherty Portman Holdings/CMC Group 4/5/12 $700.00 HR
Alfredo Gonzalez Portman Holding/CMC Group 4/5/12 $450.00 HR
Robert Goodman Art Basel US Corp 7/15/14 $120,000 Annually
Robert Goodman Jack Portman 5/8/215 0.00
Alexander Heckler Clark Construction Group LLC 7/25/14 Flat Rate
Michael Llorente Clark Construction Group LLC 7/25/14 Flat Rate
Diana Mendez Clark Construction Group LLC 7/25/14 Flat Rate
Walter Miller Portman Holdings LLC 5/6/2015 Salaried Employee
Kamin Neal Portman Holdings LLC 4/23/15 Salaried Employee
Timothy Plummer Portman Holding/CMC Group 7/17/13 Principal
John Portman III Portman Holdings LLC 4/23/15 Salaried Employee
John Portman IV Portman Holdings LLC 7/15/14 Salaried Employee
Scott Reid Portman Holdings LLC 5/6/15 Salaried Employee
Luis Revuelta Portman Holdings LLC 5/7/15 Salaried Employee
James Richardson Portman Holdings LLC 4/23/15 Salaried Employee
Daniel Vasini Portman Holdings LLC 5/7/15 Salaried Employee
Roger Zampell Portman Holdings LLC 4/23/15 Salaried Employee
R7M Resolution Accepting Recommendation for Parking Attendants for City Parking Garages
Rafael Andrade Laz Florida Parking, LLC 8/4/14 $500 HR
25
4
Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed
R7N Resolution Accepting Recommendation for Parking Meter Collection Services
Rafael Andrade Laz Florida Parking, LLC 8/4/14 $500 HR
R7U Resolution for the Construction of the Bridge Over the Ocean Court Alley
David Custin Betsy Ross Owner, LLC 6/9/15 $4000 Monthly
Alyssa Kriplen Betsy Ross Owner, LLC 2/11/15 $225 HR
Allan Shulman Betsy Ross Owner, LLC 4/16/14 $325 HR
F:\CLER\COMMON\2015\07312015 P&A\LOBBYISTS\Lobbyist List.docx
26
PA
PRESENTATIONS
AND
AWARDS
27
Presentation
PA1 Proclamation To Be Presented ln Honor Of Hispanic Heritage Month (September 15 -
October 15,2015).
(Office of the City Manager)
Agenda ltem PAIDate 1211:28
THIS PAGE INTENTIONALLY LEFT BLANK
29
c2
COMPETITIVE BID REPORTS
30
COMMISSION ITEM SUMMARY
Gondensed Title:
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALTFTCATTONS (RFQ) NO. 2015-
24O.KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE FUTURE
COMMUNITY PARK PAR 3) PROJECT
Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive
The City's Planning Department was tasked with developing a conceptual design for the newly designated
park project. Representatives from the Planning Department presented their conceptual design to the
Neighborhood/Community Affairs Committee (NCAC) at its regularly scheduled meeting. The key
components of the conceptual plan include the development of an appropriate range of spaces and
facilities for general and passive recreation, such as, open play areas, walking paths, lakes, landscape
areas, etc.; maintaining certain elements of the existing topography; and providing accessibility to the
neighboring community. Planning Department staff utilized examples of various park elements from
various well-known parks throughout the country and incorporated these elements into the conceptual
design. They also worked closely with representatives from the Police Department to ensure that the
design contemplated security elements that would ensure safety for park visitors and the neighboring
community. Proposed improvements will include a formal entrance(s), parking areas, tennis courts, central
plaza and gardens, open lawn, dog park, Vita Course loop, open sodded area, landscape and irrigation,
ADA children's play area and restroom facility.
The City of Miami Beach is seeking proposals from qualified Consultants for Architectural and Engineering
Design Services for the Future Community Park (Former PAR 3) Project ("the Project"). The Project is
located a|2795 Prairie Avenue, Miami Beach, FL. The qualified Proposer will be responsible for providing
architectural, structural engineering, mechanical, electrical and plumbing (MEP) engineering, civil
engineering, environmental engineering, Florida Department of Environmental Protection (FDEP)
permitting, landscape architecture, construction cost estimating, surveying and geotechnical services for
the Project. The work shall include, but not be limited to, conceptual drawing(s), surveying, geotechnical,
environmental services, design development, estimate(s) of probable construction cost, construction
documents, permitting, bidding I award, and construction administration services for the Project.
The City seeks Proposals from professional consulting architectural/engineering firms which have proven
experience in the preparation of construction contract documents for Parks with Facilities and Amenities.
The successful firm shall have the expertise to conduct the design, bid and award, and construction
administration services for the Future Community Park Project and prepare the associated construction
contract documents that allow the City of Miami Beach to advertise, bid and award a contract for the
construction services.
RECOMMENDATION
To seek proposals from interested parties, the Administration recommends that the Mayor and City
Commission of the City of Miami Beach, Florida authorize the issuance of RFQ No. 2015-240-KB for
Architectural and Enqineerinq Desiqn Services for the Future Community Park (Former PAR 3) Proiect.
Advisorv Board Recommendation:
Financial lnformation:
Financial lmpact Summary: The design phase portion of this project will not utilize grant
Alex Denis, David Martinez
- ISSUANCE SUMMARY.doc
caAAGENDA ITEM
c'ATEaIAMIBEACH ?-2-' 531
MIAMIBEACH
City of Miomi Beoch, ,l700 Conveniion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Jimmy L. Morates, city Manas - //i/ h
September zND,2o1s / t
REQUEST FOR APPROVAL TO rSSUE A REQUEST FOR QUALTFTCATTONS (RFO)
NO. 2015-24O.KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
FOR THE FUTURE COMMUNITY PARK (Former PAR 3) PROJECT
ADMI N ISTRATION RECOMM EN DATION
Authorize the issuance of the RFQ.
BACKGROUND
The City's Planning Department was tasked with developing a conceptual design for the newly
designated park project. Representatives from the Planning Department presented their conceptual
design to the Neighborhood/Community Affairs Committee (NCAC) at its regularly scheduled meeting.
The key components of the conceptual plan include the development of an appropriate range of
spaces and facilities for general and passive recreation, such as, open play areas, walking paths,
lakes, landscape areas, etc.; maintaining certain elements of the existing topography; and providing
accessibility to the neighboring community. Planning Department staff utilized examples of various
park elements from various well-known parks throughout the country and incorporated these elements
into the conceptual design. They also worked closely with representatives from the Police Department
to ensure that the design contemplated security elements that would ensure safety for park visitors
and the neighboring community. Proposed improvements will include a formal entrance(s), parking
areas, tennis courts, central plaza and gardens, open lawn, dog park, Vita Course loop, open sodded
area, landscape and irrigation, ADA children's play area and restroom facility.
The City of Miami Beach is seeking proposals from qualified Consultants for Architectural and
Engineering Design Services for the Future Community Park (Former PAR 3) Project ("the Project").
The Project is located al 2795 Prairie Avenue, Miami Beach, FL. The qualified Proposer will be
responsible for providing architectural, structural engineering, mechanical, electrical and plumbing
(MEP) engineering, civil engineering, environmental engineering, Florida Department of Environmental
Protection (FDEP) permitting, landscape architecture, construction cost estimating, surveying and
geotechnical services for the Project. The work shall include, but not be limited to, conceptual
drawing(s), surveying, geotechnical, environmental services, design development, estimate(s) of
probable construction cost, construction documents, permitting, bidding / award, and construction
administration services for the Project.
The City seeks Proposals from professional consulting architectural/engineering firms which have
proven experience in the preparation of construction contract documents for Parks with Facilities and
Amenities. The successful firm shall have the expertise to conduct the design, bid and award, and
construction administration services for the Future Community Park Project and prepare the
associated construction contract documents that allow the City of Miami Beach to advertise, bid and
award a contract for the construction services.
TO:
FROM:
DATE:
SUBJECT:
32
City Commissioner Memorandum - Architectural and Engineering Deslgn Services for the Future Community Park Project
September 2,2015
Page 2 of 2
.PleaseReference,AppendixC,RFQ2015-240-KBfor
Architectural and Engineering Design Services for the Future Community Park (Former PAR 3)
Project (attached).
o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFQ 2015-240-KB for
Architectural and Engineering Design Services for the Future Community Park (Former PAR 3)
Project (attached).
o CRITERIA FOR EVALUATION. Please Reference Section 0400, RFQ 2015-240-KB for
Architectural and Engineering Design Services for the Future Community Park (Former PAR 3)
Project (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ
for Architectural and Engineering Design Services for the Future Community Park (Former PAR 3)
Project is subject to funds availability approved through the City's budgeting process
ATTACHMENTS
Attachment A: RFQ 2015-240-KB for Architectural and Engineering Design Services for the Future
Community Park (Former PAR 3) Project.
JLM/MT/EC/AD/DM
T:\AGENDA\201S\SeptembeAPROCUREMENIRFQ 2015-240-KB A&E COMMUNITY PARK PROJECT - ISSUANCE MEMO.doc
33
REQUEST FOR QUALIFICATIONS (Rre)
For Architecturol ond Engineering
(former PAR 3) Proieci
RFa 201 5-240-KB
Design Services for the Future Community Pork
RFo rssUANcE DArE?senrEUilSR 4':, 2015.'
STATEMENTS OF AUALIFiCATI OilIS,i1iDU E : OCTO BER 22ND, 201 5
ISSUED BY: KRISW BADA
MIAMIBEACH
Kristy Bqdo
PROCU REMENT DEPARTMENT
1755 MERIDIAN AVENUE, 3RD FLOOR; MIAMI BEACH, FLORIDA 33.l39
3A5.673 .7 490 | kbodo@miomibeochfl.gov
www.miomibeochfl.gov
34
MIAAAIBEAC}--N
TABLE OF GONTENTS
SOLICITAT!ON SECTIONS :PAGE
0100 NoT uTtLtzED ......... .......... N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ..........3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............12
0400 EVALUATTON PROCESS ........... ...........:... ..........14
APPENDICES:PAGE
APPENDIX A RESPONSE CERTIFICATON, QUESTIONMIRE AND AFFIDAVITS ......... 16
rt-
APPENDIX B "NO BlD',FORM ...............jr) ....:...............23
AppENDrx c MTNTMUM REeuTREMENTS & spEClFtcATloNS .r*,........... ..............t:.....'...2s
APPENDTX D SPECTAL CONDTTTONS ........... .......... ...... .................29
.r]:_
APPENDIX E INSURANCE REQUIREMENTS, ...........;..... ...............32:: 'i',r..
APPENDIX F FUTURE COMMUNITY PARK CONCEPT P1AN.........'*..... ........34
APPENDIX G STANDARD FORM 330...........:.. .-x:... .....35
APPENDIX H SAMPLE CONTRA&T ...............36
RFA 201 5-240-KB
35
iY\i,^r\4i Bil,{Cl--i
SECTION O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL, This Requestfor Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this'RFQ results in an award.
The City utilizes PublicPurchase (www,publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than throg#,PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued,,,fu this=RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted.
The Purpose of this Request for Qualifications (RFQ) is to qualify a Proposer for Architectural and Engineering
Design Services for the Future Community Park Project ("the Pioject"). Additionally, the terms "FIRM',
"PROPOSER', "CONSULTANT,' 'PRIME PROPOSER" are used interchan$#ly and shall refer to the firm that will
contract with the City for the performance consultant seruices and work for the pioiect. The Project is located a12795
Prairie Avenue, Miami Beach, FL. The qualified Pioposer wifl be responsible for providing Architectural, Structural
Engineering, Mechanical, Electrical and Plumbing (MEP) Engineering, Civil Engineering, Environmental Engineering,
Florida Department of Environmental Protection (FDEP) Permitting, Landscape Architecture, Construction Cost
Estimating, Surveying and Geotechnlcal services for the Project. The work shall include, but not be limited to,
conceptual drawing(s), surveying, geote-ehnical, environmental services, design development, estimate(s) of
probable construction cosl construction documents, permitting, bidding / award, and construction administration
services for the Project.
The City's Planning Department ig tlrf;O *itf, deuetoping a conceptual design for the newly designated park
project. Representatives',from the Ptanning Department presented their conceptual design to the
Neighborhood/Community Affairs Committee (NCAC) at its regularly scheduled meeting. The key components of the
conceptual plan include the development oi an appropriate range of spaces and faciiities for general and passive
recreation, such as, open piay areas, vualking paths, lakes, landscape areas, etc.; maintaining cei'tain elements of
the existing topography; and providing accessibility to the neighboring community, Planning Department staff utilized
examples of various'park elements from various well-known parks throughout the country and incorporated these
elements into the conceptual design, They also worked closely with representatives from the Pollce Department to
ensure that the design Contemplated security elements that would ensure safety for park visitors and the neighboring
community. Proposed improvements will include a Formal Entrance(s), parking areas, Tennis Courts, Central Plaza
and Gardens, Open Lawn, Dog Park, Vita Course Loop, Open Sodded Area, Landscape and lrrigation, ADA
Children's Play Area and Restroom Facility.
Contract documents, as a result of this RFQ, will include details for the construction of the Concept plan for the
Futuie Community Park. Scope of Services is pursuant to Appendix C, Section C-2., ol this RFQ.
The City seeks Proposals from professional consulting architectural/engineering firms which have proven experience
in the preparation of construction contract documents for Parks with Facilities and Amenities. The successful firm
RFa 2015-240K8
36
MIAMIBEACH
must have the financial resources and technical expertise to provide the services requested in this RFQ and prepare
the associated construction contract documents that allow the City of Miami Beach to advertise, bid and award a
contract for the construction services.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Act (CCNA).
3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
4. PROCUREMENT CONTACT. Any questions or clarifimtions concerning thiseolicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to frq4 ity Clerk's Offie, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl,qov or facsimile: 786-394-41881' The Bid titlelnumber shall be referenced on all
correspondence. All questions Qf requests for clarificdion must be req,&Fd no later than ten (10) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. Ali responses to
questions/clarifications will& sent to alll@pective Proposers in the form of an addendum.
Procurement Contact:
Kristy Bada
Telephone:
r, 305-673-70oo ext. 6218
Email:
KristvBada@miamibeachfl .qov
Only if deemed necessary by the City, a pre-proposal meeting or
site visisel may be
- .:.:.;ll.,.,
A Pre-PROB$QAL conference wi[ be heldras scheduled in Anticipated RFQ Timetable section above at the
following addre*...,,, , A.-,-, . ...-,' '..,,,, CiS of Miami Beach
Frccurement Department Conference Room
1755 Meridian Avenue, 3no Floor" Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dial the TELEPH0NE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 5804578
Solicitation lssued SEPTEMBER 4TH, 2015
Pre-Proposal Meeting SEPTEMBER 22ND, &5 AT 11:00AM
Deadline for Receipt of Questions OCTOBER 12rH,n15AT 5:00 PM
Responses Due OCTOBER 2?m, 2015 lW3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBO
Tentative Commission Approval Authorizing
Negotiations
I-BD
Contract Negotiations Following Approval
Rt-Q 20 t5 240 Kts
37
MIAT,AiBEACH
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written
addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through
PublicPurchase, Any prospective proposer who has received this RFQ by any means other than through
PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this
RFQ. Failure to receive an addendum may result in disqualification of prg$Sal. Written questions should be
received no later than the date outlined in the Anticipated RFQ Timetable section.
.:
7. CONE 0F SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. PmBosers shall be solely
responsible for ensuring that all applicable provisions of the Citfs Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitatioryue to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov
8. SPECIAL NOTICES. You are hereb)r'advised that this solieitation is subject to the following
ordinances/resolutions, which may be found on the Ciry Of Miami Beach website:
http://web.miamibeachfl .eov/procurement/scroll.aspx?id:235 1 0
. CONE OF SILENCE.... ............;,.,.... CITYCODE SECTION 2486. pRoTEST PROCEDURES .......1.,,.... CTTYCODESECTTON 2-371
o DEBARMENT PR0CEEDINGS............:r:....,. t , CITY CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYISTREGISTMTIONANDDISCLO$U*E0FFEES..............;... CITYCODESECTIONS24SlTHROUGH2-406. cAMpAtGN CONTR|BUT|ONSBy VENDOR8I,..,,.,.,.,,......,.. CITY CODE SECT|ON 2487r CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES. .. . .. .., .. CITY CODE SECTION 2488r REQUIREMENT FOR CITY CONTM0TORS IO,FROVIDE EQUAT
..elTY eoDE sEeTtoN 2 373
EITY EODE SEETIONS 2 407 THROUGH 2 ,110
CITY EODE SEETION 2 372
D AND
SERVICE-
DISABLE&-IIETEMN BUSINESS ENTERPRISES......,....,.,...,.,...,.,... CITY CODE SECTION 2-374
o FALSECiI{I[&On0|NANCE............. CtTyCODESECT|ONT0-300
o ACCEPTANCE'OFGIFTS,FAVORS&SERVICES.,., .... CITYCODESECTION2449
9. PUBLIC ENTITY CRIS,F. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public enti$ criryres may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to
be or become familiar with, all City lobbyist laws, Proposers shall be solely responsible for ensuring that all City
lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including,
RFQ 201 5-240 KB
38
MIAMIBEACH
without limitation, disqualification of their responses, in the event of such non-compliance.
11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar
with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are
expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487
through 2490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of
the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their responses, in the event of such non-compliance,
13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution N0.2000-23879, the Proposer shall adopt a Code of
Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five
(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of
14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-67867490 to request material in accessible format; sign
language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities.
For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension
2984.
15. POSTPONEMENT OF DUE DATE FOR RECE#T OF PRqPOSALS. The Gity,teserves the right to postpone
the deadline for submittal of proposals and will maka a reasonablgreffort to girre at least three (3) calendar days
written notice of any such postponement to all prospeit$e Proposers tltrySh PublicPurchase.
16. PROTESTS. Proposers hat ar&@ selected may protest any rccommendation for selection of award in
accordance with eh proc@ngs establi$lld pursuant to the City's bid protest procedures, as codified in Sections 2-
370 and 2-371 of the'C'Y Code (the Gily's Bid Protest Ordinance). Protest not timely made pursuant to the
requirements of the City's Bid Prohst Ordinance shall be barred.
BUSINESS Pursuant to City Code Section2-374, the City shall give
a preferen4b a responsive and mqponsible Proposer which is a small business concern owned and controlled by a
veteran(s) or'@St is a service-dis$led veteran business enterprise, and which is within five percent (5%) of the
lowest respons@,responsible proposer, by providing such proposer an opportunity of providing said goods or
contractual services for the lowe$ responsive proposal amount (or in this RFQ, the highest proposal amount).
Whenever, as a result of ftp lq@oing preference, the adjusted prices of two (2) or more proposers which are a
small business concern and controlled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are
responsive, responsible and otherwise equalwith respect to quality and service, then the award shall be made to the
service-disabled veteran business enterprise.
19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend relection of all proposals, The City Manager's
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
RFQ 20 I5-240-K3
39
MIAMIBEACH
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference,
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also repct all Proposals.
20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the
selected Proposer. Notwithstanding the preceding, the City is in no way obligated to en&t into a contract with the
selected Proposer in the event the parties are unable to negotiate a contract, lt .b,also understood and
acknowledged by Proposers that no property, contract or legal rfuhts of any kind shall be &ated at any time until
and unless an Agreement has been agreed to; approved by the City; and executed by the parties.r,,,.,. ,-
21. PostponemenUGancellation/Acceptance/Reiection. The CiS may, at its sole and absolute discretion, reject
any and all, or parts of any and all, responses; re-advertise this RFQ;:$gltpone or cancel, at any time, this RFQ
process; or waive any irregularities in this RFQ, or in any responses reodved as a result of this RFQ. Reasonable
efforts will be made to either award the proposer he contract or relect all prryels within one-hundred twenty (120)
calendar days after proposal opening date. A proposer may withdraw its propsd after expiration of one hundred
twenty (120) calendar days from the date of proposal opening by delivering uritten notice of withdrawal to the
Department of Procurement Management prior to award of themn@f bryQg0ty Commission.
22. PROPOSER'S RESPON$IELIW. Before submitting a response, each Proposer shall be solely responsible for
making any and all investigations, evaludbns, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting tre full perfonnance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evduations, hyestigations, and examinations, will not relieve the Proposer from any
obligation to comply with every &-tq[and wih all provisions and requirements of the contract, and will not be
accepted as a basis fur any subs@! claim whatsoever for any monetary consideration on the part of the
Proposer.
involved with the preparation and submission of Proposals,
or any work pry&rmed in connectiorr , shall be the sole responsibility (and shall be at the sole cost and
expense) of the@ser, and shallmt be reimbursed by the City.
24. RELATIONSHIP ]€,IHE qtTY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer b aonsidered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
24. OCCUPATIONAL HEALTH AND SAFETY. ln compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must
be accompanied by a Material Safety Data Sheet (MSDS)which may be obtained from the manufacturer,
25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a propose/s history of citations
and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the
RFa 2015 240K8
40
MiAAAiBEACH
right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the
City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and
dispositions thereof, The non-submission of any such documentation shall be deemed to be an affirmation by the
Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation
or violation which proposer may receive after the proposal opening date and during the time of performance of any
contract awarded to it,
26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
28. PAYMENT. Payment will be made by the City after the goods or seMces have been.rcceived, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
29. COPYRIGHT. PATENTS & ROYALTTES. Proposer shall indemnify and save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, and/or agents, from liabilily of any nature or kind, including cost and
expenses for, or on account of, any copyrighted, patented, or unpatented,invention, process, or article manufactured
or used in the performance of the contract, inc[ding its use by the City S Miami Beach, Florida, lf the Proposer
uses any design, device or materials covered by lettens, patent, or copyright, it is mutually understood and agreed,
without exception, that the proposal prices shall include all royalties or cost arising from the use of such design,
device, or materials in any way involved in the work.
30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract
by the City Commission, or untimely wihdrawal of a response before such award is made and approved, may result
in a claim for damages by he City and may be grounds for removing the Proposer from the City's vendor list.
31. MANNER OF PERFORMAilEE to perform its duties and obligations in a professional manner
and in accordance with all applicahlQ , and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the PrupQrer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees hat the seryees provided shall be provided by employees that are educated, trained,
experiened, certified, and licen# in all areas.encompassed within their designated duties. Proposer agrees to
furnish to tre City any and all documentation, certification, authorization, license, permit, or registration currently
required by appllcable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits,t€ggstrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during thd term of this oontract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract,
..
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws, The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence,
RFQ 20 I5.240 Kts
41
MiAMIBEACH
33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin. ln accordance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause
hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of
the Hotel Project or any portion thereof,
34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an
award that is in the best interest of the City, including:
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in he business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of Frbnnance for a reasonghle period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can Stiffiryitorily perform the
services if awarded a contract under the terms and condi$ons of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a f-(W'equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence availdle regarding the financial, lechnical, and other qualifications and
abilities of a Proposer, including past performarrce (experience), in making& award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they &Ave been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of sr instances, the City may also require
material information from the s$rrce of supply regading the packaging, and characteristics of the
products to be supply to he City,
35. ASSIGNMENT. The su oful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of ibright,li& or interest therein, or his/her or its power to execute such contract, to
any person, compily or corporatiiii*ffiioutthepttgrtmitten consent of the City.
Proposer shall obtain and pay for all licenses, permits, and
comply with all applicable laws.
,.:,.|.':
37. OPTIONA4,,OQNTRACT USAGH; Wheri'the successful Proposer (s) is in agreement, other units of govemment
or non-profit ageffi may particip# in purchases pursuant to the award of this contract at the option of the unit of
government or non-@it agency.
It is the intent of the City to purchase the goods
and services specifically llsted in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
39. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
required to con$h the
RIQ 2U I5.24U.Kts
42
MIAAAIBEACF{
D. The Proposer's proposal in response to the solicitation.
40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where.applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incuned thereon. The Proposer
expressly understands and agrees that any insurance protection required by thb Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and say.e harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement,
41. CONTRACT EXTENSION. The City reserves the right to rcquire the Contractor tolxtend contract past the
stated termination date for a period of up to 120 days in thqevent that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
. Progpers are expected to be familiar with, and comply with, all Federal, State,
County, and City li@rordinances,'fodes, rules and regulations, and all orders and decrees of bodies or tribunals
42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified ttat all Bid including, without limitation, any
and all information and documentation submitteQfiep.with, are exempt ftom public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Ait. 1 of &e State Constitution untilsuch time as the City provides
notice of an intended decision or until thirty (30) days after Apellng of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliancewith Flofda Statute 119,0701 including, but not limited to,
agreement to (a) Keep and maintain public records thq! ordinarily and necessarily would be required by the public
agency in order to perform tlp servicm; (b) provide the public with access to public records on the same terms and
conditions that the publiq agelcy would prayide the records and at a cost that does not exceed the cost provided in
this chapter or as othenlvise.$rovided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records dis&ure reguirements are not disclosed except as authorized by law; (d) Meet all
requirements for rehining public records and.'fran&r;.at no cost, to the public agency all public records in
possession qf,,the.c6nh&tor upon termination of the contract and destroy any duplicate public records that are
exempt or,ponfidential and exempt from prblic records disclosure requirements. All records stored electronically
must be pibvided to the public agency in a format that is compatible with the information technology systems of the
public ageney.
having jurisdiction or a$ofity Which, in any manner, may affect the scope of services and/or prolect contemplated
by this RFQ (including, wiQout limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the
EEOC Uniform Guidelinesiand all EEO regulations and guidelines). lgnorance of the law(s) on the part of the
Proposer will in no way relieve it from responsibility for compliance.
44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director,
agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami
Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly,
an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates.
Rro 20 r 5 240 Kts 10
43
MIAAAIBTACF{
45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall
be included and clearly delineated, in writing, in the Proposal. The Gity, at fts sole and absolute discretion,
may accept or reject any or all exceptions and alternatives. !n cases in wtrich exceptions and alternatives
are rejected, the City shall require the Proposer to comply with the&rticula*term and/or condition of the
RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the
RFA).
48. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Prop& shall not offer any gratuities, favo6, or anything of
monetary value to any official, employee, or agent of the City, for the purp,qlp of influencing corr$deration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or entfiloyee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the dimharge of his official duties.
49. SUPPLEMENTAL INFORMATION. City reserues*trc right to request supplemental information from Proposers
at any time during the RFQ solicitation process,
Balance of Paqe lltentionallv Le,t_glank
t
RTQ 2U I5 24UKts il
44
A1'iAA4iBTACFI
SECTION ()3()() SUBMITTAL INSTRUCTIONS AND FORMAT
1, SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be relected.
2. LATE BIDS. Statements of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt d Statement of Qualifications will
be considered late and not be accepted or will be returned to proposer unoponed. The City does not accept
responsibility for any delays, natural or otherwise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maintain comparability, faQilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner.specified below,
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references.
Electronic copies should also be tabbed and contain a table of contents with page references,-statement of
Qualifications that do not include the required information will be deened non-responsive and will not be considered,
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The cover bfter must indicate Prime Proposer and Prime Proposer Primary
Contact for the purposes of this solicitation.
1.2 Response Certification, Questionnaire & Requircmenb Affidavit {Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requiremeu*& Submit verifiabb information documenting compliance with the minimum
qualifications requirementd$stablished in Aplbndix C, Minimum Requirements and Specifications, as required herein.
1.3.1 Request for Qualifrc*bn Qittti|tr Experience. For each project that complies with the minimum
requirements -o1y$pendix C, S6i$on CI, No, 3, submit project name, project contact information (phone and email)
& Qualifications
2.1 Stau&td Form 330. The propooing firm shallsubmit a completed Standard From 330 (attached), No proposal will
be consideredwithout this required fsm. ln addition to experience and qualifications considerations, the City may use
this information p consider the firm's previous and current workload.
2.2 Qualifications d Prime Propooer (Firm). Submit detailed information regarding the firm's history and relevant
experience and proveqlrack record of providing the scope of services as identified in this solicitation, including
experience in providing s6pe of *rvices to public sector agencies.
2.3 Qualifications of Prime Proposer's Team (Architects and Engineers). Provide an organizational chart of all
personnel and consultants to be used for this project if awarded, the role that each team member will play in providing
the services detailed herein and each team members' qualifications. A resume of each individual, including education,
experience, and any other pertinent information, shall be included for each respondent team member to be assigned to
this contract.
2.3.1 Prime Proposer's shall identify the Prolect Lead Designer that shall be in compliance with the minimum
requirements on Appendix C, Section C1,
shall arranqe for Dun & Bradstreet to submit a Suoolier Qualification
RFG 2015240K3 t2
45
MiAiVIIBEAC}I
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer, The Proposer shall request the SQR report from D&B at:
https://supolierportal.dnb.com/webapp/wcs/stores/servleUsupplierPortal?storeld=1 1696
Proposals are responsible for the accuracy of the information contained in its SQR. lt is highly recommended that each
proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at
800-424-2495.
and
3.1 Submit detailed information on the approach and methodology, how Proposer plans to accomplish the required
scope of services, including detailed information, as applicable, which addresses, hut need not be limited to:
implementation plan, project timeline, phasing options, strategies for assuring project is impbmented on time and within
budget.
3.2 Also, provide information on Proposer's current workload aq{ how the potential project(s) fill fit into Propose/s
workload, Describe available facilities, technological capabilities ard other available resources you oftr for the potential
project(s),
3.3 Submit evidence of Proposer's intent to utilize Disadvantaged Business Enterprise (DBE) Firms. Accepted DBE
certifications include the Small Business Administration (SBA), State of or Miami-Dade
Note: After proposal submittal, the City reserves tre right to require additional information from Proposer (or
proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capabi$ty (including, but not limited to, annual
reviewed/audited financial staternents witr the auditors notes for each of their last two complete fiscal years).
Rt-Q 20 t5-240-Kts r3
46
,ViIAMISEACH
SECTION ()4()O STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results
to make a recommendation to the City Commission
2. Step 1 Evaluation. Proposals will be categorized into the discipline ar.as notfo in section Ozl}.z(Groups
A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against
other proposers in that category. The first step will consist of the qualitative criteria listed below to be considered
by the Evaluation Committee. The second step will consist of quantitative criteria established hlow to be added to
the Evaluation Committee results by the PROCUREMENT DEPARTMENT. An Evaluation Committee, appointed by
the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with ttie qualifications
criteria established below for Step 1, Qualitative Criteria, In doing so, the Evaluation Committee may review and
score all proposals received, with or without conducting interview sessions.
Experience and Qualifications
Approach and Methodology
3. Step 2 Evaluation..Following the resulb of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria poiqs to be dded by the Depaitment of Procurement to those points earned in Step
1, as follows.
I Veterans Preferenm :..1
,&- The volume of work previously awarded to each firm by the City
the last three (Q yeans from the due date for proposal. See
4 below.
Volume of Work Points: Points awarded to the proposer for volume of work awarded by the City in the last three (3) years
in accordance with the follqo{ng table:
Less than $250,000 5
$250,000.01 - $2,000,000 3
Greater than $2,000,000 0
RFQ 201 5-240-KB l4
47
MiAAAitsEACH
5. Determination of Fina! Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement. Step 1 and 2
scores will be converted to rankings in accordance with the example below:
Committee
Member 1
Step 1
Points 82 76 80
Step 2
troinfe 10 5 5
Total 92 81 85
Rank 1 3 2
Committee
Member 2
Step 1
Points 85 -r:85 72
Step 2
Points 10 5 5
Total 95 90 77
Rank 1 2 3
Commi*ee
Member 2
Step 1
Points 80 74 66
Step 2
Points r,110 5 5
Total 79 71
Rank 1 2 3
* Final Ranking is presented to,the City Manager for further due diligence and
recommendation to the City Commissbn. Final Ranking does not constitute
an award recommendation until$uch time as the City Manager has made his
recommendation to the City Comlnission, which may be different than final
ranking results.
. ,4..,,
RFa 201 5-240 KB t5
48
APPENDIX A
MIAMIBEACI{
Response Certificotion,
auestiohnoire &
Requir@ m en ts Affid ovit
.4,, ..
RFQ No .201 5-240-KB1 Architqpturol ond Engineering
r.r \'/
&esign'Services for the Future
Community Pork Project
PROCU REMENT DEPARTMENT
I255 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
49
Solicitation No:
RFQ 2015-240-KB
Solicitation Title:
Architectural and Engineering Design Services for the Future Community
Park Proiect
Procurement Contact:
Kristv Bada
Tel:
305-673-7000 Ext. 6218
Email:
KristvBadatOmiami beachfl .oov
STATEMENTS OF QUAL!FICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUTRED FORM that must be submitted fully completed and
executed.
1. General Proposer lnformation,
FIRM NAME:No. of€rmloyees:
No of Years in Business:iloryprs in Business Locally:
OTHER NAME(S) PROPOSER HAS OPEMTED UNDER lN THE LAST 10 YEARS:{
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:4,lt/ t UUE:
ELEPII(JNE NU.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
UI IY
STATE:,.ZIP UUUE:
&truuuN I ttEP I ELEPHUNrlzu.l
AOWE{T REP TOLL FREE NO.:
ACCOUNTBEP El\'lAlL:
FEUEHAL IAX{]EN{ II-IUA I IUN NUt:
.*.
the rioht to sae{ttdlditional information from or other sorrree(sl inclrrdino hrrt not limitcd tn' anv firmsource(s), including limited to: any firm or principal
information, applicable licensure, rssumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
The City reserves the right
Rt-Q 20 t 5:240K3 AppendixA-Poge 1
50
3.
4.
Veteran Owned Businesslqlpposer claiming a veteran owned business status?f--l vrs [--l ruo
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or
more in the Proposer entity or any of its affiliates.
.,.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officer, ttireqtor, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami @ach. Pi-roposals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%} percent or more in the Proposer entity or any of'l:
.. t.
References & Past Performance. Proposer shall submit at least three (3) references for whom the ppposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the blbwing intirn"tion is required: 1) FinfiName, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanftve on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been'debarred, suspended or other legal violation, or had
a conkact cancelled due to non-oerformance bv mv oublic sector aoencv?[--l vrs '[-l no
SUBMITTAL REQUIREMENT: lf answer to above is '-YES," P'tijias6f. shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign ContriMions. Boposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Secfions 2-487 hot€h 2-490 ol the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of tn-City's Campaigm Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therdih, i&udng disqualifcation of their Statementqf Qualifications, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: $bmit trcrnatl*s S.all individuals or entities (including your sub-consultants) with a conkolling
financidja@il S defined in soliciHion. For eaci individral or entity with a controlling financial interest indicate whether or not
each individual or eq$ty$as contribu@ to the campaign either directly or indirectly, of a candidate who has been elected to the
of[rce'of Mayor or City Commissioner forhe City of Miami Beach.
'.. ain6ot artiness Ethics. Pqntqnt to CityResolution N0.2000-23879, each person or entity that seeks to do business with the
City 3&all adopt a Code of Businsm Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within m {O days upon receiifof request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmenH rules and regulationo including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and:Smi Dade County.
rrra :
SUBMITTAL REQtXREilSl$T: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, proposer may subrnit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at ww,miamibeachfl .gov/procuremenU.
RFQ 20)5-24O-KB AppendixA-Poge2
51
7. eity eede, as same may be amended frem time te time, prepesers
heurly living wage rates listed
bel€uA. Currently; the heurly livrng wage rate is $11,^8/hr with health benefits ef at least $1,64 an heur, er a living wage ef net
The living wage rate and health eare bene$ts rate may; by Reselutien ef the City eemmissien be indercd annually fer inflatienusi CPl U) Miami/Ft, tauderdale' issuC by he U,S, Department ef taber's
nt (a.4, fne eit , UV
ld net be fiseally seund te implement
@
,,:,
furner subjeet prepeqer
tiving Wage requirc
ree Ad*ninirtr.t.r.t 305,673 7490, r ..:
SUBMITTAt REQUIREMENT: Ne additienal submittal is requlred, YJirtue ef exoerting this affidavit deeurnar* Prepeser agrees
@
mahtain 51 er mere full$ine empleyees en their payrells during 20 er mere
in-eenkaeters deing business
with the City ef Miami Beaeh; whe are awarded a grhaet pursuant te eempetitive prepesals, te previde "Equal Benefi-ts" te their
empleyees with demestie partners; as they previdete'erndeyees with sBeuses, Theerdinanee applies te all empleyees ef a
iami Beadtr Fll!*ia; and the efikaeter's empleyees leeated in the United
States; but eutside ef the City ef Miami Beaeh limits' whe are dircetly:'ilirfurming werk en the eenkaet within he eity ef Miami
Bea€h ,..rr.
8.
l_-l us
demestie partner; suqh as berear&rnent leave; ether benefits are previded direetly te the speuse er demestie
Firm+reviCesJer
Cmpteyees+*n
Seeuses
Firm+r€Yidos+r
Cmpteyees++tn
Dnm€s{i€+adn€{€
Firm dees net
PreviCeBenefit
HeS
Siek*eave
Fam+lY#edi€aF€ave
E€r€evement+eeve
lf Prepeser eannet effer a benefit te demestie partners beeause ef reasens eutsrde yeur eenkel, (e,9,, there are ne insuraneeprevi ures eemplianee, Te
eemply en this basis; yeu must agree te pay a eash eqivalent and submit a eempleted Reasenable Measures Applieatien
RFG 2015240K3 AppendixA-Poge3
52
9.Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been plad on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may relery one or more addendum to the solicitation
which may provide additional information to Proposer or alter solicitation requirenwtts. 1lC City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.ffin However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitatqn. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum rebased by the City purryrt to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification .,
lnitial to Confirm
Remini
lnitialto Confirm
Receiot
Initial to Conflrm
tleenint
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
10.
RI.Q 20 I5-24U-Kts AppendixA-Poge4
53
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its
best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or paffes submitting Statement of
Qualiflcations in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such furher details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the apBlicant including, without limitation, the
applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the C*.'$ its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. lt i$ile responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assu6nres as to the accuracy of any
information in this solicitation. .,:
Any reliance on these contents, or on any permitted communications with @ officials, shall be at the recipient's ownrffi, Ploposals should
rely exclusively on their own investigations, interpretations, and analyses. Tha solicitation is hing provided by the Cil$Slhtlut any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No uaranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirerrents will be selected for consideration, negotiation, or
approval.
The City shall have no obligation or liability with respect to tris solicitation, the selection and he award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully a*nowledges all the provisims of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by fie terms hereof. Any Statement of Qualifications submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of he party submitting such Statement of Qualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal fton he maket without notice. lnformation is for guidance
only, and does not constitute all or any parl Of qn agreement
The City and all Proposals will be bound only s, if and when a Statement of Qualifications, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the pslbs. Any respqrse to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability{6$te City. .,..:,
The City is governed by the Governmentin-fte-Sunshine gnd all Statement of Qualifications and supporting documents shall be
shall be submitted in sealed proposal form and shall remain
time selected for opening the responses. At that time, all
Propouls &:expected to make all @sures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications, tte,Froposer acknowledges ard agrees,that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or su@ment information contaned in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in sudt inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and com@h, to the best of iF knowledge, information, and belief.
Notwithstanding the foregoing u anythhg contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdic{ion which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shallbe limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
su bject to d isclosum.as rqut&$&y such llm'$ Statemenf'SfQlialifi cation s
confidential to tie extent peffiftfti$'Oy florida$Btutes, until the date and
documents received by the City shdlbecome publiumeords.
RFa 201 5-240-KB AppendixA-Poge5
54
I hereby certify that: l, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal;
Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this
solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure
and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the
solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to
comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal
with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges
that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public
Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications
Certification, Questionnaire and Affidavit are true and accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Autprized Represenblivg:
':a::,.,:.. ..
.:. iti
Signafu re of Proposer's Aufi orized Representative:Date:
State of On this _day of _, 20_, personally
appeared before me who
County of ) stated that (s)he is the
of , a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires:
RFQ 20 I 5.240-KB AppendixA-Poge6
55
APPENDIX B
MIAMIBEACH
"No
, ...,
Form
'. ,r:
RFQ No.N5-2.40-KB
Architecfurol ond, Engineering
Design Services for the Future
Community Pork Project
.. PROCUREMENT DEPARTMENT
' :r ]700 Convention Center Drive
""'j,,,. Miomi Beoch, Florido 3313g
56
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFIGATIONS AT
THIS TIME FOR REASON(S) CHECKED AND/OR TNDTCATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
-Unable
to meet insurance requirements
-Do
not offer this producVservice ' '
_OTHER. (Please specify)
We do _ do not _ uant to be retained on your mailing list for future proposals
of this_@;product andlor service.
Signature:
Title:
Legal Company Name:
:'Failure to , either by submitting a proposal or this completed form,
PLEASE RETUFH TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Kristy Bada
STATEMENTS OF QUALI FICATIONS #201 5-24O.KB
1755 Meridian Avenue, 3'd Floor
Miami Beach, Florida 33139
may result In your company being removed from our vendors list.
RFA 20 ) 5-240-KB AppendixB-Poge 1
57
APPENDIX C
MIAMIBEACH
inimum $equi?ements
& Specificotions
RFQ No .201 5-240-KB
ffchitecturol ond Engineering.: \''" Design Services for the Future
.. Community Pork Project
PROCUREMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
58
C1. MINIMUM REQUIREMENTS:
The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit
detailed verifiable information affirmatively documenting compliance with each minimum requirement.
Proposals that fail to comply with minimum requirements will be deemed non-responsive and will not be
considered, Determination of compliance with the minimum eligibility requirements is strictly at the sole
discretion of the City of Miami Beach.
PRIME PROPOSER:
1. The Prime Proposer (Architectural/Engineering Firm) shall be certified as -Landscape Architect or
Architect or Certificate of Authorization" by the State of Florida,'Division of Business and
Professional Regulations, as applicable.
LEAD DESIGNER:
2, The lead designer shall be a Landscape Architect licensed by the State of 'Fl6lida, Division of
Business and Professional Regulations.
REQUtREDSlMILAREXPERlENCE:.......;;..;......
3. The Prime Proposer shall have completed construction documents for no less than three (3) park
projects within the last ten (10) years. Listed park prote€.siall be no less than 10 acres with
comparable amenities and features as illustrated on Appendixl$ilQoncept Plan,
Submittal Requirement: For':rgagh qualifying project, submit project name, project
contact information (phone and emaillrand prime proposei'srio[! i!,nrolect.
C2. STATEMENT OF WORK REQUIRED.
..i. I.ii,],I],.11'...I
..
The City's Office of Capital lmprovement Projects is'seeking to:.,,h!re a Consultant to develop the
construction documents for this project located atr795 Prairie Aienue, Miami Beach, FL, Proposed
improvements will include a Forrnal Entrance(s),:parking areas, Tennis Courts, Central Plaza and
Gardens, Open LaM, Dog Park, Vita Course Loop, Open Sodded Area, Landscape and lrrigation, ADA
Children's Play Area and Restroom Facility,
The Consultant shall p.lfue ai.h'itaCtrrrt,,structural engineering, mechanical, electrical, plumbing
engineerin$; civil engineering1,Environmental Engineering, Florida Department of Environmental
Pffiction Coaslal|lP,:gf:mitting, Department of Environmental Resource Management Permitting,
,Hndscape architectuie, consiruction cost estimating, surveying and geotechnicil services for the
Prqjectr The work shall inqlUde, but notirbe limited to, surveying, geotechnical, design development with
deliUelables at 30%, 600/0 and 90% development stages, estimates of probable construction cost at
each sta$e oldevelopment(ihcluding 100%), construction documents, permitting, bidding / award, and
constructi'ondm in istration seivices for the Project.
...
Plans shall include: all ,'necessary drawings and technical specifications needed to construct the
improvements and $hall be defining documentation of what is authorized and approved.
Proposer shall:. Prepare utility coordination, permits and advise of all fees associated with all site, utility etc. work.
. Prepare an environmental remediation plan,
. Prepare presentation materials to illustrate the final design and participate in public outreach and
regulatory agency review meetings,
o Obtain all required building permits as well all necessary permits from other regulatory agencies as
RFQ 20)5-240K3 AppendixC-Poge 1
59
necessary for the construction of the Park Facilities and attend public meetings as required by the
City.
The Consultant shall be required to provide design and construction documents and cost estimates for
approved phases.
The Consultant shall be required to identify, at each stage of design, items that could be value
engineered, and reduce construction cost.
Task One (1)- Desiqn Services: The Consultant will be required to prepare construction and permit
documents for the design and construction documents of the Park Ebments as described in each
construction phase, as to be bid and award.
The selected firm shall be required to perform a variety of forensic tasks to verify'existing site and
environmental condition and the accuracy of any available as-built drawings, surveys'Ati$. maps to be
used for development of the contract drawings. The subject property was formerly used as a golf
course. As such, an Environmental Site Assessment (ESA) shall be completed to sample for, analyze,
and report the presence or absence of chemicals of concem associated with the property's past uses,
including its use as a golf course. The sampling plan associaled with the ESA shall be in accordance
with the requirements outlined in the Florida Administrative Code and shall be submitted to Miami-Dade
County Pollution Remediation Section for review and approval prior &iraplementation, Should the ESA
indicate high concentrations of any contaminants of concern abov$&lOanup target levels, a soil
management plan shall be developed for construction ard an engineering control with maintenance or
remediation plan shall also be developed for the property. ,.1i ;a,.,
The Consultant will be required to provide Statements of Probable Construction Cost as defined by the
American Association of Cost Engineers, and make recommendations on constructability and value
engineering.
The Consultant shall establish.ihd maifitain an in-house Quality Assurance / Quality Control (OA/OC)
program designed to verify d@;rsure the quality, clarity, completeness, and constructability of its
contract documents. ln.additiorii',{p,selected firm shall follow City standards for the preparation of
contract documents, inclusive of dr@gq specifications, front-end documents and cost estimates,
Prwntation formats for revbw submlffi shall be prepared for submittal to the City's Design Review
Boad during the Concepfual Phase (30%), and at 60% (Design Development Phase), 90%
(ConstrWion Documents Phase) completion stages, Contract documents shall be subject to
Constructabi&J.?nd Value Engineering reviews by City and/or others.
The selected firiffliiilt uork with the City to revise/adjust project scope as may be deemed necessary to
meet established budgets as design evolves through the design stages of completion.
The selected firm will attend periodic meetings as needed during design development (provide, keep
and distribute meeting minutes). ln addition, the selected firm shall attend and make a presentation of
the prolect in a Community Design Review Meeting and a pre-construction / kick off meeting with the
residents to review the design, prolect phasing and construction schedule. The selected firm shall
address comments generated from these meetings on the construction documents. To facilitate the
implementation of a Public lnformation Program, the selected flrm will provide electronic files of all
prolect documents, as directed by the City.
RFG 2015 240-<3 AppendixC-Poge2
60
The selected firm shall be responsible for securing all required regulatory approvals of its contract
documents from all applicable jurisdictional agencies and boards prior to finalization, and will be
responsible for initiating submittals and reviews in a timely manner.
Task Two (2)-Bid and Award Services: The selected flrm shall assist the City in the bidding and award
of the project. Such assistance shall include attending pre-bid conferences, assisting with the
preparation of necessary contract addenda, attending bid openings where applicable, and assisting
with bid evaluations. The selected firm shall provide "As-Bid" documents for use during construction.
Task Three (3)-Construction Administration Services: The selected firm s[gll perform a variety of tasks
associated with the administration of the construction contract and
project. These shall include attendance at the pre-construction at weekly
construction meetings (provide, keep and distribute meeting minutes), responding to contractor
Requests for lnformation (RFl), clarification, responding to and evaluating contrmtor requests for
change orders and/or contingency draws, contract arnendments, review and apprcve of shop
drawings, review and approve of record drawings,'review and recommendation of contractor
applications for payment, specialty site visits, projecteldseout reviews,'lgluding substantial cornpletion,
final punch list development and project certification of final completi$bnd acceptance, and warranty
administration.
Task Four (4)-Additional Services: No additiggglservices are envisioned at this time, However, if such
services are required during the performarx!$Xdfthe work, they will be requested by the City and
negotiated in accordance with the Contract requirenents,
.il;r.
Task Five (S)-Reimbursable Services: The City may reimburse'peapproved additional expenses, such
as, but not limited to, repfiSidisn costs, and permits cost(s), ,
RFG 2015-240K9 AppendixC-Poge3
61
APPENDIX D
MIAMIBTACE{
SpeciolConditions
RFQ No .201 5-240-KB
Architecturol ond Engineering
D&sign$ervices for the Future
Community Pork Project
PROCUREMENT DEPARTMENT,l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
62
1. TERM OF CONTRACT. Not Applicable.
2. OPTIONS TO RENEW. Not Applicable.
3. PRICES. Not Applicable,
4. EXAMINATION OF FACILITIES. Not Applicable.
5. INDEMNIFICATION. Provider shall indemnify and hold harmless the City and its o{icers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of'dny kind ol,nature arising out of,
relating to or resulting from the perfonnance of this Agreement by the Provider or its employees,
agents, servants, partners principals or subcontractors. Prqyider shall pay all claims and losses in
connection therewith and shall investigate and defend all @rims, suits or actions of any kind or nature
in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may issue theresl, Provider expressly understands ary{,agrees
that any insurance protection required by this Agreement or otherwise prcvided by Provider shall in no
way limit the responsibility to indemnify, keep and save harmle*and defend the City or its officers,
employees, agents and instrumentalities as herein provided. ":
6. PERFORMANCE BOND. Not Applicable.
7. REQUIRED CERTIFICATIONS. Not Applicabb.
9. DELIVERY RE$flREMENTS. hld Applicable.
I0.WARRANTYREOUt--lEillENT$.NotApplicable.
tr:.
1 1
I BACXGffiUilD CHECKS. Not Applicable.
$a COUpETIUE SWlCATlOltS. lt isthe goal of the City to maximize competition for the project
anp{q suppliers & confmtors. Consultant shall endeavor to prepare all documents, plans &
speci&qtions that are in accordance with this goal. Under no condition shall Consultant include means
& meth@or product specifuations that are considered "sole source" or restricted without prior written
approvalof frre City.
'l;
13. ADDITIONAL'TEA|I S OR CONDITIONS. This RFQ, including the attached Sample Contract,
contains all the terrqs and conditions applicable to any service being provided to the City resulting from
award of contract.Sy virtue of submitting a proposal, consultant agrees not to require additional terms
and conditions at the time services are requested, either through a separate agreement, work order,
letter of engagement or purchase order.
14. PRECLUSION. Successful Proposer and sub-consultants contracted to provide architectural and
engineering design services for a paffcular project are precluded from bidding/responding to the
competitive solicitation for the design construction of the project.
RFQ 2015-240K3 AppendixD-Poge 1
63
15. CHANGE OF PROJECT MANAGER. A change in the Consultant's project manager (as wellas any
replacement) shall be subject to the prior written approval of the City Manager or his designee (who in
this case shall be an Assistant City Manager), Replacement (including reassignment) of an approved
project manager or public information officer shall not be made without submitting a resume for the
replacement staff person and receiving prior written approval of the City Manager or his designee (i.e,
the City project manager).
16. SUB-CONSULTANTS. The Consultant shall not retain, add, or replace anysub-consultant without
the prior written approval of the City Manager, in response to a written request from the Consultant
stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City
Manager shall not in any way shift the responsibility for the quality and.acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City, Tte quality of services and
acceptability to the City of the services performed by sub-consultants shall be the,sole responsibility of
Consultant.
17. NEGOTIATIONS. Upon approval of selection by thd'City Commission, negotiations between the
City and the selected Proposer (s) will take place'b,.anive at a folually acceptable Agreement,
including final scope of services, deliverables and cost of services.
,.
RFQ 201 5 240-KB AppendixD-Poge2
64
APPENDIX E
MIAMIBEACH, I.
I nsuro nce Requirements
RFQ No .201 5-240-KB1. ,::
Architqcturol ond En gineering
;,,- Desigr Services for the Future, ,* Community Pork Project
..,4..
PROCUREMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33139
65
MIAM|&TACH
!NSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
The providershallfurnishto Departmentof Procurement, Cityof Miami Beach, 1755 MeridianAvenue,3'o Floor, MiamiBeach,
Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
A. Worke/s Compensation lnsurance for all employees of the vendor as reQuircd by F.lorida Statute 440,
'': . t,r:, :B. Commercial General Liability on a comprehensive basis in an amount not less ttian $1,000,000 combined
single limit per occurTence for bodily injury and property damage...lity of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability lnsurance covering all owned, non-owngd and hired vehicles used in .onr.iiiOn with the
work, in an amount not less than $1,000,000 combined sir@ limit per (trtrurence for bodily injury and
property damage.
D. Professional Liability lnsurance in an amount not less than $2,000,000 wffi,the deductible per claim, if any, not
to exceed 10% of the limit of liability,
A waiver of subrogation in favor of the City must be inchded for the polbies required above. The insurance coverage required
shall include those classifications, as listed in standard liaHity insurarce m nUals, wihh most nearly reflect the operations of
the vendor' :r: : ::. :.
.'
All insurance policies required Sove shall be issued by companies authorized to do business under the laws of the State of
Florida, with the following Quaffireations
The company must be rahd no less tqr "B+" as to man4ement, and no less than "Class V" as to financial
strength, by*le latest edition of Best's lnsunarrce Gukle, published by A.M. Best Company, Oldwick, New
.ter$, or its dtuivahnt, subjecfb trc approval of the City Risk Management Division.
"'l':t-: 0f
.Ilb company must hotd a,salid Flori& Certifrcate of Authority as shown in the latest "List of All lnsurance
Ce1panies Authorized or @oved to Do Business in Florida; issued by the State of Florida Department of
lnsufuQ&And are membersof ftre Florida Guaranty Fund.
, t.
Certificates will indiede no modificatioii or change in insurance shall be made without thirty (30) days in advance notice to the
certificate holder.&ERTIFICATE HOLDER MUST READ:'''.
..,,,$TTY OF MIAMI BEACH..1700
CONVENTION CENTER DRIVE
3d FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under
any other section of this agreement.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes,
RFG 20I5 24OKB AppendixE-Poge 1
66
APPENDIX F
MIAMIBEACH
Future Community Poik
Cond€pt Plon
t:,t :t:"
. _.t
':'::''' ;i-,, RF,Q No.20t5-240-KB
&cffitecturol ond Engineering Design,rii '::: \-
Services for the Future':'1 Community Pork Project
,;..
PROCUREMENT DEPARTMENT,l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33,l39
RFQ 2015-240-<g
67
68
69
(
w,J."
l',
_['. (-.
tsttk;*
;*,.rl(
70
71
-'ry
1
72
reffi
73
d#t'at ::
I
IItilj
k {; !3
Uqft--ffi*
I
*iIL?
74
I
,'l
I!,
:ffi
ai
r*qs%#:
75
E
c)
E.;
o
l-.cL
Sg qjggo'E o 3.otr'rog= e sEI-=O.g3..3 E. .i3
=EHE ;e gECL.-I=giEE E GE
=oor+o=
gEgE;€;aisaEeiE:Iis=HytiEf;s
E ! E g 1E E E E P E g HEEiE:Eig9&I=-ErEE;3i#Hn:E;ecLo=EEi-EE:E$t;
gg3:=f;EEEflE;E
T E 2l i il E; g l u } 3
TTEEEHiEI=i:3ggE6EE;6;EE&E
\Jo oorrrrrrrrrr
76
?
=3E L(E
g=o s B=[*!i p
= E
EE; E*EE:EEE Ei E E ;
IiiE ii E iiil i * E lli *l* i itl i;zo- oo. Jo z 6 0 -ro o o- (/) > o r- o >(5 uJ (L > N o o
{ts,
tr*: t-r.-
77
{-)
LO(5Ei<
= € rE
q o s B=Es8: I H= *
= E c =;<i:; ;* -E = ?i 'i SBS;z,.s=G :3 ,E= 3 g
I, iE i; I iI ii i * E E li il* E iil i;zo- o(L J6 z 6 0 -t@ o (L (, > o r -r =(5 ul (L > N o o
. :) .,--l .', :'') ..:i- i.'l
uC' $1 r"'{ .-"i -l " 4 -'r "'"-.)
.: r ' *,, :t, .:, ..-l
11 -'i ..1 r-i a.{ at., .1 rn i.{ r;/ Ur r*
iji-'.'*.-...-.,
*t s#3S&-r, ..LIi
I f,Jr# E+{tr,'q
{t-af
78
'#sr',rdI
a
i'ri
#
!$
$f\
/**t '.
79
.,\L
#\ td-t
80
*;Wffi,",i ffi
M',#,r
,#",i
'r f,, & \-.
i.
'' Mi; 4
il i,:il
,lr/
l:l
i,l}Wl*,*
*ww,\ryi,ff# ..@
.rk
too()
oo.oa
3 #t o3oPror$
o-lsfsf bogg e Giu-1,E=E
FL--Ero53rL3c)15: oolJ-+.iLE' C)?
5NE,31,I. or
I
P
E Sz E :
+|oSJ-t.a-LO);EsEg;s: =:iEotEs=fli Eo o o,F,F,ts + 9P = a tL
IEE;;;:3358E= = g I g b g ,g I o)
Eiqnqqq1flE$IrtslOsfslOOOtoOlO
::IIIITIIII
$,.
,u t
81
l, qq
\ *,T\
&@'
'W,
b\'t\. . ,))
r!',tl I r t
,t- "' fii,i \ ":t1
i . .,,;, .
gE gP .' yFi E= si :E- E J c ,: uoP\f, .A = = a G Jn sT
*EHgtIEifl FEEIbL$_,ts=uo= ziiE:[;;;q4qE8;
F= = U b b b u'E I N E
3c\c\c?qqc\qEEoElrJs{OstOrl={O(OOlOlt
IIIITTIIIII
82
ru;
83
'i.,'I'{
,,f
ds,,k4 aJEE*
{'r
:tt *B:*Uvtl,rd
rlri*
@'E;*w*qr* -,
84
t \."
$ r'l'E;1
*^ ''
G*i {: rlr
-tfLs?e:
85
#:::. '":"' f .t.:i. ,i,{
, ; ,, ..- .,1. .,.
",1-&1,,qr
-..*..,_._.,,_,._i.-
T
I tr:t\.cr ?-EE!
86
lr
a_
I
., I
l*
1r).l.'x
e. E*
{e I
&\
'*
#
LVt
d//i
$ilffi
F'lHuo*',IJ-,uj
f,,f W..a#&ek*",*
i"t.{''#
a*Wxsree*-"
87
,}
T.
I
I
ii;"r
i
l.e
{r -
ffiBU| 6 #=i
I''%mnmxu;tqr* ,o
88
"&*
,@
Y,
,&li.k
i't,,*'r,g{il
89
I
90
\,rrt? ,'
I,";T
rl '
$
'{7{=
f,t/ii,:
4
*,,rMd'@
91
i'{*. .ilr' i'
b
Ilr4l
- I .t'/'Jr{
a
,t tlr .ri
,r..tr
,1
v
i[tF]
ffiu
,l'@
ril
f*tQ
'q-.S .afti /.1 -J
92
:". , iE
:.ry.fi" .ne-in-'3 r
..iCd
",h{[
.'tr-m 'l ,{"'/GW
,, 6':
- $eil
'ry'
ffi
1
il .*&H;_
93
94
95
,-:,-_ _.-__f__":
h-y
i:r JJv r. v
4vM.-4
"rg$tlt
c ..,'.d
' q$#i
)
stft
ffi,,,1 ,ffi
^.e&
' ,|tt
,ffi
4
1
l;ry
rffi'u',
z, ]l
"*frEr'.-iint
r
96
97
&_*
h
%
$s
I tll
rifl
I
h
.\
\
I
)
fr
fl'T
.,,.,i
I
*i
"ti-it:;?*i'i{
ru
S
b
1."
t
98
a{,\E
thnr"-@\
M
99
\l
zK
ffiIEw k-.,g@tul*,ra
100
f -"qegi
k *,;%
[* iq
rfu
101
I'
rrt
try,{{e-wrfff,:
102
il
d-
4..**
103
.fb,.1-;
i .'- \rr fr
104
105
rL- ' ',,ra i:t t iGh. {.&
F -\-*';r!i ,q'ii L EF
\ sd\ or=,r
L q. -)lJ {E \ .. ?,,8
F,.,M#i&
-; mffiryqruH' r\w
H
106
ffi4E
107
108
iliYWTi"iX
.'
{_r
109
i;;^rir*,ri^i'
,ttttiiti;th,
l:/t',' t ti;t, :
i t", i ttii:it:ttt lilt:
110
APPENDIX G
MIAA/\IBEACH',
Stondord Forffr 330
: RFQ No .201 5-240-KB
., Arc hitecturol,o nd En gi n eerin g.' Desfgn Sqrvices for the Future-''',,..,- CommunitY Pork Project
&..," rrr!iffi:t'trX"','jt[T,=Jl
Miomi Beoch, Florido 33,l39
RFA 2015240K8
111
ARCHITEGT.ENGINEER QUALIFICATIONS OMB No.: 9000-0157
Expires: 1113012017
PAPERWORK REDUCTION ACT STATEI\4ENT: Public reporting burden for this collection of information is estimated to average 29 hours (25 hours for part 'l and 4 hours for
U.S. General Services Administration, Regulatory Secretariat (MVCByIC 9000-0157, Office of Governmentwide Acquisition Policy,1800 F Street, NW, Washington, DC 20405.
PURPOSE
Federal agencies use this form to obtain information from
architect-engineer (A-E) firms about their professional
qualiflcations. Federal agencies select firms for A-E contracts on
the basis of professional qualifications as required by a0 U.S.C.
chapter 11, Selection of Architects Engineers, and Part 36 of the
Federal Acquisition Regulation (FAR).
The Selection of Architects and Engineers statute requires the
public announcement of requirements for A-E services (with
some exceptions provided by other statutes), and the selection of
at least three of the most highly qualified flrms based on
demonstrated competence and professional qualifications
according to specific criteria published in the announcement. The
Act then requires the negotiation of a contract at a fair and
reasonable price starting first with the most highly qualified firm.
The information used to evaluate firms is from this form and other
sources, including performance evaluations, any additional data
requested by the agency, and interviews with the most highly
qualified firms and their references.
GENERAL INSTRUCTIONS
Part I presents the qualifications for a speciflc contract.
Part ll presents the general qualifications of a firm or a specific
branch office of a firm. Part ll has two uses:
1. An A-E firm may submit Part ll to the appropriate central,
regional or local office of each Federal agency to be kept on file.
A public announcement is not required for certain contracts, and
agencies may use Part ll as a basis for selecting at least three of
the rncst highly qualified firms for discussicns prior tc requesting
submission of Part l. Firms are encouraged to update Part ll on
flle with agency offices, as appropriate, according to FAR Part
36. lf a firm has branch offices, submit a separate Part ll for
each branch office seeking work.
2. Prepare a separate Part ll for each firm that will be part of
the team proposed for a specific contract and submitted with Part
l. lf a firm has branch offices, submit a separate Part ll for each
branch office that has a key role on the team.
INDIVIDUAL AGENCY INSTRUCTIONS
lndividual agencies may supplement these instructions. For
example, they may limit the number of projects or number of
pages submitted in Part I in response to a public announcement
for a particular project. Carefully comply with any agency
instructions when preparing and submitting this form. Be as
concise as possible and provide only the information requested
by the agency.
DEFINITIONS
Architect-Engineer Services: Defined in FAR 2.101.
Branch Office: A geographically distinct place of business or
subsidiary office of a firm that has a key role on the team.
Discipline: Primary technical capabilities of key personnel, as
evidenced by academic degree, professional registration,
certification, and/or extensive experience.
Firm: Defined in FAR 36.'102.
Key Personnel: lndividuals who will have major contract
responsibilities and/or provide unusual or unique expertise.
SPECIF!C INSTRUCTIONS
Part I - Contract-Specific Qualifications
Section A. Contract lnformation.
1. Title and Location. Enter the title and location of the
contract for which this form is being submitted, exactly as shown
in the public announcement or agency request.
2. Public Notice Date. Enter the posted date of the agency's
notice on the Federal Business Opportunity website
(FedBizOpps), other form of public announcement or agency
request for this contract.
3. Solicitation or Project Number. Enter the agency's
solicitation number and/or project number, if applicable,
exactly as shown in the public announcement or agency request
for this contract.
Section B. Architect-Engineer Point of Contact.
4-8. Name, Title, Name of Firm, Telephone Number, Fax
(Facsimile) Number and E-mail (Electronic Mail) Address.
Provide information for a representative of the prime contractor
or joint venture that the agency can contact for additional
information.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV.3/2013) PAGE I OF INSTRUCTIONS
Prescribed by GSA - FAR (48 CFR) 53.236-2(b)
112
Section C. Proposed Team.
9-1 1. Firm Name, Address, and Role in This Contract.
Provide the contractual relationship, name, full mailing address,
and a brief description of the role of each firm that will be
involved in performance of this contract. List the prime
contractor or joint venture partners first. lf a firm has branch
offices, indicate each individual branch office that will have a key
role on the team. The named subcontractors and outside
associates or consultants must be used, and any change must
be approved by the contracting officer. (See FAR Part 52 Clause
"Subcontractors and Outside Associates and Consultants
(Architect-Engineer Services)".) Attach an additional sheet in the
same format as Section C if needed.
Section D. Organizational Chart of Proposed Team.
As an attachment after Section C, present an organizational
chart of the proposed team showing the names and roles of all
key personnel listed in Section E and the firm they are
associated with as listed in Section C.
Section E. Resumes of Key Personnel Proposed for This
Contract.
Complete this section for each key person who will
participate in this contract. Group by firm, with personnel of the
prime contractor or joint venture partner firms first. The following
blocks must be completed for each resume:
12. Name. Self-explanatory.
'l 3. Role in This Contract. Self-explanatory.
14. Years Experience. Total years of relevant experience
(block 14a), and years of relevant experience with current firm,
but not necessarily the same branch office (block 14b).
'15. Firm Name and Location. Name, city and state of the flrm
where the person currently works, which must correspond with
one of the firms (or branch office of a firm, if appropriate) listed
in Section C,
'16. Education. Provide information on the highest relevant
academic degree(s) received. lndicate the area(s) of
specialization for each degree.
17. Current Professional Registration. Provide information on
current relevant professional registration(s) in a State or
possession of the United States, Puerto Rico, or the District of
Columbia according to FAR Part 36.
18. Other Professional Qualifications. Provide information on
any other professional qualifications relating to this contract,
such as education, professional registration, publications,
organizational memberships, certifications, training, awards, and
foreign language capabilities.
19. Relevant Projects. Provide information on up to five
projects in which the person had a significant role that
demonstrates the person's capability relevant to herihis proposed
role in this contract. These projects do not necessarily have to
be any of the projects presented in Section F for the project team
if the person was not involved in any of those projects or the
person worked on other projects that were more relevant than
the team projects in Section F. Use the check box provided to
indicate if the project was performed with any office of the current
firm. lf any of the professional services or construction projects
are not complete, leave Year Completed blank and indicate the
status in Brief Description and Specific Role (block (3)).
Section F. Example Projects Which Best lllustrate Proposed
Team's Qualifications for This Contract.
Select projects where multiple team members worked
together, if possible, that demonstrate the team's capability to
perform work similar to that required for this contract. Complete
one Section F for each project. Present ten projects, unless
otherwise specified by the agency. Complete the following
blocks for each project:
20. Example Project Key Number. Start with "1" for the first
project and number consecutively.
21. Title and Location. Title and location of project or
contract. For an indefinite delivery contract, the location is the
geographic scope of the contract.
22. Year Completed. Enter the year completed of the
professional services (such as planning, engineering study,
design, or surveying), and/or the year completed of
construction, if applicable. lf any of the professional services or
the construction projects are not complete, Ieave Year
Completed blank and indicate the status in Brief Description of
Project and Relevance to This Contract (block 24).
23a. Project Owner. Project owner or user, such as a
government agency or installation, an institution, a corporation or
private individual.
231-.. Point of Cnntact Name. Provide name of a pe!-son
associated with the project owner or the organization which
contracted for the professional services, who is very familiar with
the project and the firm's (or firms') performance.
23c. Point of Contact Telephone Number Self-explanatory.
24. Brief Description of Project and Relevance to This
Contract. lndicate scope, size, cost, principal elements and
special features of the project. Discuss the relevance of the
example project to this contract. Enter any other information
requested by the agency for each example project.
STANDARD FORM 330 (REV.3/20i3) PAGE 2 OF INSTRUCTIONS
113
25. Firms from Section C lnvolved with This Project.
lndicate which firms (or branch offices, if appropriate) on the
project team were involved in the example project, and their
roles. List in the same order as Section C.
Section G. Key Personnel Participation in Example Projects.
This matrix is intended to graphically depict which key
personnel identified in Section E worked on the example projects
listed in Section F. Complete the following blocks (see example
below).
26. and 27. Names of Key Personnel and Role in This
Contract. List the names of the key personnel and their proposed
roles in this contract in the same order as they appear in Section
E.
28. Example Projects Listed in Section F. ln the column
under each project key number (see block 29) and for each key
person, place an "X" under the project key number for
participation in the same or similar role.
29. Example Projects Key. List the key numbers and titles of
the example projects in the same order as they appear in Section
F.
Section H. Additional lnformation.
30. Use this section to provide additional information
specifically requested by the agency or to address selection
criteria that are not covered by the information provided in
Sections A-G.
Section l. Authorized Representative.
31. and 32. Signature of Authorized Representative and
Date. An authorized representative of a joint venture or the prime
contractor must sign and date the completed form. Signing
attests that the information provided is current and factual, and
that all firms on the proposed team agree to work on the
project. Joint ventures selected for negotiations must make
available a statement of participation by a principal of each
member of the joint venture.
33. Name and Title. Self-explanatory.
SAMPLE ENTRTES FOR SECTTON G (MATRIX)
26. NAMES OF KEY 27. ROLE IN THIS 28. EXAMPLE PROJECTS LISTED IN SECTION F
PERSONNEL
(From Section E,
Block 12)
CONTRACT
(From Section E,
Block 13)
(Fill in "Example Projects Key" section below first, before
completing table. Place "X" under project key number for
participation in same or similar role.)
1 2 3 4 tr 6 7 8 9 '10
Jane A. Smlth Chlef Architect x x
Joseph B. W:-Iliams Chief Mech. Englneer X x x x
Tara C. Donovan Chief Elec. Engineer x x x
29. EXAMPLE PROJECTS KEY
Justin J. Wilson Federal Building,
Baton Rouge, LA
TITLE OF EXAMPLE PROJECT ROM SECTION F
XYZ Corporation Headquarters, Boston/ MA
Founcter's Museum, Newport RI
TITLE OF EXAMPLE PROJECT (FROM SECTION
Federal Courthouse, Denver, CO
STANDARD FORM 330 (REV.3/2013) PAGE 3 OF INSTRUCTIONS
114
Part ll - General Qualifications
See the " General lnstructions " on page 1 for firms with branch
offices. Prepare Part ll for the specific branch office seeking
work if the firm has branch offices.
1. Solicitation Number. lf Part ll is submitted for a specific
contract, insert the agency's solicitation number and/or project
number, if applicable, exactly as shown in the public
announcement or agency request.
2a-2e. Firm (or Branch Office) Name and Address. Self-
explanatory.
3. Year Established. Enter the year the firm (or branch office,
if appropriate) was established under the current name.
4. DUNS Number. lnsert the Data Universal Numbering
System number issued by Dun and Bradstreet lnformation
Services. Firms must have a DUNS number. See FAR Part 4.6.
5. Ownership.
a. Type. Enter the type of ownership or legal structure of the
firm (sole proprietor, partnership, corporation, joint venture, etc.).
b. Small Business Status. Refer to
lndustry Classification System (NAICS)
American
the public
announcement, and indicate if the firm is a small business
according to the current size standard for that NAICS code (for
example, Engineering Services (part of NAICS 541330),
Architectural Services (NAICS 541310), Surveying and Mapping
Services (NAICS 541370)). The small business categories and
the internet website for the NAICS codes appear in FAR Part '19.
Contact the requesting agency for any questions. Contact your
local U.S. Small Business Administration office for any questions
regarding Business Status.
6a-6c. Point of Contact. Provide this information for a
representative of the firm that the agency can contact for
additional information. The representative must be empowered to
speak on contractual and policy matters.
7. Name of Firm. Enter the name of the firm if Part ll is
prepared for a branch office.
8a-8c. Former Firm Names. lndicate any other previous
names for the firm (or branch office) during the last six years.
lnsert the year that this corporate name change was
effective and the associated DUNS Number. This information is
used to review past performance on Federal contracts.
9. Employees by Discipline. Use the relevant disciplines and
associated function codes shown at the end of these instructions
and list in the same numerical order. After the listed disciplines,
write in any additional disciplines and leave the function code
blank. List no more than 20 disciplines. Group remaining
employees under "Other Employees" in column b. Each person
can be counted only once according to his/her primary function.
lf Part ll is prepared for a firm (including all branch offices), enter
the number of employees by disciplines ln column c(1). lf Part ll
is prepared for a branch office, enter the number of employees
by discipline in column c(2) and for the firm in column c(1).
10. Proflle of Firm's Experience and Annual Average
Revenue for Last 5 Years. Complete this block for the firm or
branch office for which this Part ll is prepared. Enter the
experience categories which most accurately reflect the firm's
technical capabilities and project experience. Use the relevant
experience categories and associated profile codes shown at the
end of these instructions, and list in the same numerical order.
After the listed experience categories, write in any unlisted
relevant project experience categories and leave the profile
codes blank. For each type of experience, enter the appropriate
revenue index number to reflect the professional services
revenues received annually (averaged over the last 5 years) by
the flrm or branch office for performing that type of work. A
particular project may be identified with one experience category
or it may be broken into components, as best reflects the
capabilities and types of work performed by the firm. However,
do not double count the revenues received on a particular
project.
11. Annual Average Professional Services Revenues of Firm
for Last 3 Years. Complete this block for the firm or branch office
for whrch this Part ll is prepared. Enter the appropriate revenue
index numbers to reflect the professional services revenues
received annually (averaged over the last 3 years) by the firm or
branch office. lndicate Federal work (performed directly for the
Federal Government, either as the prime contractor or
subcontractor), non-Federal work (all other domestic and foreign
work, including Federally-assisted projects), and the total. lf the
firm has been in existence for less than 3 years, see the
definition for "Annual Receipts" under FAR 19.101.
12. Authorized Representative. An authorized represent-
ative of the firm or branch office must sign and date the
completed form. Signing attests that the information provided is
current and factual. Provide the name and title of the authorized
representative who signed the form.
the North
code in
STANDARD FORM 330 (REV.3/2013) PAGE 4 OF INSTRUCTIONS
115
List of Disciplines (Function Codes)
Code
01
02
03
04
05
06
07
08
09
10
11
12
13
14
't5
16
17
'18
19
20
21
22
23
24
25
26
27
28
29
30
31
Description
Acoustical Engineer
Admlnlstrative
Aerial Photographer
Aeronautical Engineer
Archeologist
Architect
Biologist
CADD Technician
Cartographer
Chemical Engineer
Chemist
Civil Engineer
Communications Engineer
Computer Programmer
Construction lnspector
Construction Manager
Corrosion Engineer
Cost Engineer/Estimator
Ecologist
Economist
Electrical Engineer
Electronics Engineer
Environmental Engineer
Environmental Scientist
Fire Protection Engineer
Forensic Engineer
Foundation/Geotechnical Engineer
Geodetic Surveyor
Geographic lnformation System Specialist
Geologist
Health Facility Planner
Code
32
JJ
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
5'1
52
53
54
55
56
57
58
59
60
61
62
Description
Hydraulic Engineer
Hydrographic Surveyor
Hydrologist
lndustrial Engineer
lndustrial Hygienist
lnterior Designer
Land Surveyor
Landscape Architect
Materials Engineer
Materials Handling Engineer
Mechanical Engineer
Mining Engineer
Oceanographer
Photo lnterpreter
Photogrammetrist
Planner: Urban/Regional
Project Manager
Remote Sensing Specialist
Risk Assessor
Safety/Occupational Health Engineer
Sanitary Engineer
Scheduler
Security Specialist
Soils Engineer
Speciflcations Writer
Structural Engineer
Technician/Analyst
Toxicologist
Transportation Engineer
Value Engineer
Water Resources Engineer
STANDARD FORM 330 (REV.3/2013) PAGE 5 OF INSTRUCTIONS
116
List of Experience Categories (Profile Codes)
Code
A01
AO2
A03
404
405
406
A07
408
A09
A10
411
p.f2
Description
Acoustics, Noise Abatement
Aerial Photography; Airborne Data and lmagery
Collection and Analysis
Agricultural Development; Grain Storage; Farm Mechanization
Air Pollution Control
Airports; Navaids; Airport Lighting, Aircraft Fueling
Airports; Terminals and Hangars; Freight Handling
Arctic Facilities
Animal Facilities
Anti-Terrorism/Force P rotection
Asbestos Abatement
Auditoriums & Theaters
Automation; Controls; lnstrumentation
Barracks; Dormitories
Bridges
Cartography
Cemeteries (Planning & Relocation)
Charting: Nautical and Aeronautical
Chemical Processing & Storage
Child Care/Development Facilities
Churches; Chapels
Coastal Engineering
Codes; Standards; Ordinances
Cold Storage; Refrigeration and Fast Freeze
Commercial Building (low rise); Shopping Centers
Community Facilities
Communications Systems; TV; Microwave
Computer Facilities; Computer Service
Conservation and Resource Management
Construction Management
Construction Surveying
Corrosion Control; Cathodic Protection; Electrolysis
Cost Estimating; Cost Engineering and
Analysis; Parametric Costing; Forecasting
Cryogenic Facilities
Dams (Concrete; Arch)
Dams (Earth; Rock); Dikes; Levees
Desalinization (Process & Facilities)
Design-Build - Preparation of Requests for Proposals
Digital Elevation and Terrain Model Development
Digital Orthophotography
Dining Halls; Clubs, Restaurants
Dredging Studies and Design
Description
Ecological & Archeological lnvestigations
Educational Facilities; Classrooms
Electrical Studies and Design
Electronics
Elevators; Escalators; People-Movers
Embassies and Chanceries
Energy Conservation; New Energy Sources
Engineering Economics
Environmental lmpact Studies,
Assessments or Statements
Environmental and Natural Resource
Mapping
Environmental Planning
Environmental Remediation
Environmental Testing and Analysis
Fallout Shelters; Blast-Resistant Design
Field Houses; Gyms; Stadiums
Fire Protection
Fisheries; Fish ladders
Forensic Engineering
Forestry & Forest products
Garages; Vehicle Maintenance Facilities;
Parking Decks
Gas Systems (Propane; Natural, Etc.)
Geodetic Surveying: Ground and Air-borne
Geographic lnformation System Services:
Development, Analysis, and Data Collection
Geospatial Data Conversion: Scanning,
Digitizing, Compilation, Attributing, Scribing,
Drafting
Graphic Design
Harbors; Jetties; Piers, Ship Terminal
Facilities
Hazardous Materials Handling and Storage
Hazardous, Toxic, Radioactive Waste
Remediation
Heating; Ventilating; Air Conditioning
Health Systems Planning
Highrise; Air-Rights-Type Buildings
Highways; Streets; Airfield Paving; Parking
Lots
Historical Preservation
Hospital & Medical Facilities
Hotels; Motels
Housing (Residential, Multi-Family;
Apartments; Condom i n i ums)
Hydraulics & Pneumatics
Hydrographic Surveying
Code
E01
E02
E03
E04
E05
E06
EO7
E08
E09
E10
E11
E12
E13
F01
F02
F03
F04
F05
F06
G01
G02
G03
G04
G05
G06
H0't
H02
H03
H04
H05
H06
H07
H08
H09
H10
H'11
H12
H13
801
802
c01
c02
c03
c04
c05
c06
c07
c08
c09
c10
c11
c12
c13
c14
c15
c16
c17
c'18
c19
D01
D02
D03
D04
D05
D06
D07
D08
STANDARD FORM 330 (REV.3/2013) PAGE 6 OF INSTRUCTIONS
117
List of Experience Categories (Profile Codes)
Code Description Code Description
101 lndustrial Buildings; Manufacturing Plants P09 Product, Machine Equipment Design
102 lndustrial Processes; Quality Control PiO pneumatic Structures, Air-Support Buildings
103 lndustrial Waste Treatment p11 postal Facilities
104 lntelligent Transportation systems pe power Generation, Transmission, Distribution
105 lnterior Design; Space Planning ptg public Safety Facilities
106 lrrigation; Drainage
R01 Radar; Sonar; Radio & Radar Telescopes
J01 Judicial and courtroom Facilities Ro2 Radio Frequency systems & shierdings
L01 Laboratories; Medical Research Facilities R03 Railroad; Rapid Transit
L02 Land Surveying R04 Recreation Facilities (Parks, Marinas, Etc.)
L03 Landscape Architecture R05 Refrigeration Plants/Systems
L04 Libraries; Museums; Galleries R06 Rehabilitation (Buildings; Structures; Facilities)
L05 Lighting (lnterior; Display; Theater, Etc.) RO7 Remote Sensing
L06 Lighting (Exteriors; Streets; Memorials; Rgg Research Facilities
Athletic Fields' Etc ) Rog Resources Recovery; Recycring
M01 Mapping Location/Addressing Systems R1O Risk Analysis
M02 Materials Handling Systems; Conveyors; Sorters R11 Rivers; Canals; Watenrvays; Flood Control
M03 Metallurgy R12 Roofing
M04 Microclimatology;TropicalEngineering
MOs Miritary Design standards s01
3il:[rttn'^"erins;
Accident Studies; osHA
M06 Mining & Mineralogy so2 security systems; lntruder & Smoke Detection
M07 Missile Facilities (Silos; Fuels; Transport) SO3 Seismic Designs & Studies
M08 Modular Systems Design; Pre-Fabricated Structures or
components 'rrrs Lres sr ' rre-raer uateu o.uc(ures or
::: ::lj:::]"r",#:::T::::::;:'"t''
506 Solar Energy UtilizationN01 Naval Architecture; off-Shore Platforms so7 Sorid wastes; rncineration; Landfiil
N02 Navigation structures; Locks sog special Environments; clean Rooms, Etc.
N03 Nuclear Facilities; Nuclear Shielding SOg Structural Design; Special Structures
OOI Office Buildings; lndustrial Parks S10 Surveying; Platting; Mapping; Flood
oo2 oceanographic Engineering Plain studies
O03 Ordnance; Munitions; Special Weapons S11 Sustainable Design
512 Swimming Pools
P01 Petroleum Exploration; Refining S13 Storm Water Handling & Facilities
Po2 Petroleum and Fuel (Storage and Distribution) To1 Terephone systems (Rurar; Mobite; rntercom,P03 Photogrammetry Etc )
P04 Pipelines (Cross-Country - Liquid & Gas) T02 Testing & lnspection Services
POs Planning (Community, Regional, Areawide and State) T03 Traffic & Transportation Engineering
PO6 Planning (Site, lnstallation, and Prolect) r04 Topographic Surveying and Mapping
T05 Towers (Self-Supporting & Guyed Sysfems)P07 Plumbing & Piping Design T06 Tunnels & Subways
P08 Prisons & Correctional Facilities
STANDARD FORM 330 (REV.3/2013) PAGE 7 OF INSTRUCTIONS
118
List of Experience Categories (Profile Codes)
Code Description
U01 UnexplodedOrdnanceRemediation
U02 Urban Renewals; Community Development
U03 Utilities (Gas and Steam)
V01 Value Analysis; Life-Cycle Costing
W01 Warehouses & Depots
W02 Water Resources; Hydrology; Ground Water
W03 Water Supply; Treatment and Distribution
W04 \Mnd Tunnels; Research/Testing Facilities Design
201 Zoning, Land Use Studies
STANDARD FORM 330 (REV.3/2013) PAGE 8 OF INSTRUCTIONS
119
ARCHITECT . ENGINEER QUALIFICATIONS
PART I . CONTRACT.SPECIFIC QUAL!FICATIONS
A. CONTRACT INFORMATION
1. TITLE AND LOCATION (City and State)
2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER
B. ARCHITECT-ENG!NEER POINT OF CONTACT
4. NAME AND TITLE
5. NAME OF FIRM
C. PROPOSED TEAM
(Complete this section for the prime contractor and all key subcontractors.)
,10. ADDRESS
CHECK IF BRANCH OFFICE
CHECK IF BRANCH OFFICE
I ICliECT. IF BRAI.ICFI CFFICE
CHECK IF BRANCH OFFICE
11. ROLE IN THIS CONTMCT
D. ORGANIZATIONAL CHART OF PROPOSED TEAM J (Attached)
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV.3/2013) PAGE 1
120
E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
14. YEARS EXPERIENCE
. WTH CURRENT FIRM
15. FIRM NAME AND LOCATION (City and State)
16. EDUCATTON (DEGREE AND SPEC\AL\ZAT|ON)17, CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE)
18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
19. RELEVANT PROJECTS
(1) TITLE AND LOCATION (City and State)
(1) TITLE AND LOCATION (City and State)
(1) TITLE AND LOCATION (City and State)
(2) YEAR COMPLETED
(lt applicable)
(3) BRIEF DESCRIPTION (Bief scope, ske, cosf, efc.) ANO SPECIFIC ROLE
(3) BRIEF DESCRIPTION (Bief scope, size, cost, efc.) AND SPECIFIC ROLE
(3) BRIEF DESCRIPTION (Bief scope, she, cosl, etc.) AND SPECIFIC ROLE
f] Cnect if project performed with current firm
(2) YEAR COMPLETED
TRUCTION (lf applicable)
! Ctrect< if project performed with current firm
(2) YEAR COMPLETED
TRUCTION (lf applicable)
Check if project performed with current firm
d
(1) TITLE AND LOCATION (City and State)(2) YEAR COMPLETED
PROFESSIONAL SERVICES TRUCTION (lf applicable)
(3) BRIEF oESCRIPTION (Bief scope, size, cost, etc-) AND SPECIFIC ROLE Check if project perfr >rmed with current flrm
e.
(1) TITLE AND LOCATION (CiU and State)(2) YEAR
PRoFESSIoNAL SERVICES
COMPLETED
@
Check if project performed with current firm(3) BRIEF DESCRIPTION (Bief scope, slze, cost etc..) AND SPECIFIC ROLE
STANDARD FORM 330 (REV.3/20i3) PAGE 2
121
F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S
QUALIFICATIONS FOR THIS CONTRACT
(Present as many projecfs as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)
21. TITLE AND LOCATION (City and State)22. YEAR COMPLETED
CONSTRUCTION (tf applicable)PROFESSIONAL SERVICES
23. PROJECT OWNER'S INFORMATION
b. POINT OF CONTACT NAMEa. PROJECT OWNER POINT OF CONTACT TELEPHONE
24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (lnclude scope, size, and cost)
25. FIRMS FROM SECTION C INVOLVED WTH THIS PROJECT
a.
(1) FIRM NAME '2) FIRM t.OCATIAN (Citv and State)ROLE
b
(1) FIRM NAME '2) FIRM LOCATION (City and State)ROLE
c.
(1) FIRM NAME 2) FIRM LOCATION (City and State)3) ROLE
d
(1) FIRM NAME 12) FIRM LOCATION (City and State)3) ROLE
e.
(1) FIRM NAME ,2) FIRM LOCATION (City and State)ROLE
f.
(1) FIRM NAME '2) FIRM LOCATION (City and State)ROtE
STANDARD FORM 330 (REV.3/2013) PAGE 3
122
G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS
27. ROLE IN THIS
CONTRACT
(From Section E, Block'13)
26. NAMES OF KEY
PERSONNEL
(From Section E, Block 12)
28. EXAMPLE PROJECTS LISTED IN SECTION F
(Fill in "Example Projects Key" section below before completing table.
Place "X" under project key number for participation in same or similar role.)
29. EXAMPLE PROJECTS KEY
STANDARD FORM 330 (REV.3/20i3) PAGE 4
123
H. ADDITIONAL INFORMATION
30. PROVIDE ANY ADDITIONAL INFORMATION REOUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED
I. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.
33. NAME AND TITLE
STANDARD FORM 330 (REV.3/2013) PAGE 5
124
ARCH ITECT.ENG INEER QUALIFICATIONS
PART II . GENERAL QUALIFICATIONS
lf a firm has branch offices,for each branch office
2a. FIRM (OR BRANCH OFFICE) NAME
2b. STREET
2c. CITY
6a. POINT OF CONTACT NAME AND TITLE
6b. TELEPHONE NUMBER
9. EMPLOYEES BY DISCIPLINE
a. Function
Code
1. SOLICITATION NUMBER (/fany)
4. DUNS NUMBER
5. OWNERSHIP
. SMALL BUSINESS STATUS
. NAME OF FIRM (lf block 2a is a branch office)
8c. DUNS NUMBER
10. PROFILE OF FIRM'S EXPERIENCE
AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS
c. Revenue lndex
Number
PROFESSIONAL SERVICES REVENUE INDEX NUMBER
8a. FORMER FIRM NAME(S) (/f any)
Total
1 1. ANNUAL AVERAGE PROFESSIONAL
SERVICES REVENUES OF FIRM
FOR LAST 3 YEARS
(lnseft revenue index number shown at right)
a. Federal Work
b. Non-Federal Work
c. Total Work
1. Less than $100,0002. $100,00 to less than $250,0003. $250,000 to less than $500,0004. $500,000 to less than $1 million
5. $1 million to less than $2 million
12. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than $25 million
9. $25 million to less than $50 million
10. $50 million or greater
3. YEAR ESTABLISHED
8b. YR. ESTABLISHED
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330 (REV.3/2013) PAGE 6
125
APPENDIX H
MIAMIBEACH
Somple Coxrtr"oct
RFQ No .201 5-240-KB
Architectural ond Engineering
Des$n Services for the Future
^AComm u nify" Pork Project
PROCUREMENT DEPARTMENT.l755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33139
RFQ 2015-240-<3
126
AGREEMENT BETWEEN
GIry OF MIAMI BEACH
AND *
xxxxxxxxxxxxxxxxxrcOu)ux
FOR 'XXtt
PROFESSIONAL ARC H ITECTU RE AN D ENGINEERI NG SERVIG ES
FOR THE . .,,
xxxxxlfi xxxxxxxxxxxxxxxxxxxxxxxxx
Reeoli*on No.
't'it"'
: :lL
127
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINIT'OA'S
ARTICLE 2. BASIC SERVICES
ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5. ADDITIONAL SERVICES
ARTICLE 6. REIMBURSABTE EXPEAISES
PAGE
2
7
13
16
17
18
19
20
21
22
23
24
25
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15,
ARTICLEX&
LIMITATJON OF
NoTICE '':t'::' ''
LtABt$l'Y
'-:rt
CONSULTANT'S ACCOUNTING AND OTHER RECORDS
OWNERSHIP OF PROJECT DOCTJMENTS
TERMINATION OF AGREEMENT
INSURANCE
INDEMNIFICATION AND HOLD HARMLESS
ERRORS ANOOMISSIONS
26
26
MISCELLANEOUS PROVISIONS 27
128
SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCOPE OF SERVICES
CONSU LTANT COMPENSATION
HOURLY BILLING RATE
CONSTRUCTION COST BUDGET
PROJECT SCHEDULE
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
INSURANCE AND SWORN AFFIDAVITS
BEST VALUE AMENDMENT
33
34
35
36
37
38
39
40
129
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
XXXXXXXXXXW
FOR
PROFESS r ONAL ARCH TTECTU RE AN D E NG I NE ERt NeiA/E) S ERVTCES
FOR THE
This Agreement made and entered into this _ day of , 20XX, by and between the CITY OF
MIAMI BEACH, a municipal corporation axigting under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred toasCity),and,aFloridaXxxxxxXXXxxhavingitsprincipalofficeat(hereinafterreferredtoasConsultant).
'tt'
: ."
"'
::;: :'1i- wl T NE,ss E T H:
WHEREAS, the City intends to undertake a proiect within the City of Miami Beach, which is more
particularly described in the Scope of Services attached as Schedute "A" hereto, and wishes to engage
the Consultant to Fpyrde specifrc pofessionalseryices including, without limitation, A/E services, for the
, the Condultant desires to contract with the City for performance of the aforestated
professional services relative to tlre Project, as hereinafter set forth; and
NOW THEREFOR!$iIy and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows.
130
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
331 39.
1.2 Clry COMMISSION: "City Commission" shall mean the govemurg and legislative body of
the City.
:l; r'.111.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the
City. The City Manager shall be construed to inqlude any duly authorized representatives
designated in writing (including the Project Coordinator) with respect to any specific matter(s)
concerning the Services and/or this Agreement (exclusive of $9se authorizations neserved to the
City Commission or regulatory or administrative bodies having jurisdiction over any matter(s)
related to the Project, the Services, and/or this Agreement).
1.4 PROPOSAL DOGUMENTS: .propos4 Documenk&. shall mean
XXXXXXXXXXXXX No. ,.XXXXXXXXXXX,
"XXXXXX ry" issued by
contemplation of this" Agree.r,r-nent, together with all amendments thereto (if
Request for
entitled
the City in
any), and the
Consultant's proiosal in respo4se thereto (Proposal), which is incorporated by reference to this
.,.1.5. CONSULTAHT:
shall,mean the has entered into a contract with the City to provide the
itl.
Servicee described undertris Agreement. When the term "Consultant" is used in this Agreement
it shall alsoo& deemed to include any officers, employees, sub-consultants, agents, and any
other person or enlity acting under the supervision, direction, or control of Consultant. Any sub-
consultants retained by Consultant for the Project shall be subject to the prior written approval of
the City Manager. Consultant shall provide the Project Coordinator with copies of the contract
between Consultant and any sub-consultant's. Any such contracts shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this
Agreement shall create any contractual relationship between the City and sub-consultants. Any
approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the
quality and acceptability by the City of the services performed by the sub-consultant, from the
Agreement and made3,part,!ereof; provided, horrever, that in the event of an express conflict
between,lle Proposal Documents and&is {$feement, the Agreement shall prevail.
'ia
.'.
Th€ named entity on page 1 of this Agreement, the "Consultant"
131
Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and
shall not be cause for any increase in compensation to the Consultant for payment of the Basic
Services. The quality of services and acceptability to the City of the services performed by such
sub-consultants shall be the sole responsibility of Consultant.
The following sub-consultants are hereby approved by the City Manager for the Project:
;
'
1.6 PROJECT COORDINATOR: The "Project Coordinato/' shall,,gp.ean the individual
designated in writing by the City Manager who shall be the City's authori*d representative to
coordinate, direct, and review (on behalf of the Clty) all matters related to the PfOiect during the
design and construction of the Project (unless expressly provided otherwise in this Agreement or
the Contract Documents).
1.7 [ntentionallyOmitted]
,a..,1.8 BASIC SERVICES: "Basic Services" shafl includo'those services which Consultant shall
perform in accordanm with the terms of the Agreement (and as required to complete the Project),
as further described in Article 2and Schedule "A" hereto. ln addition any Services not specifically
addressed as Additional Servicos (as defined herein) shall be considered Basic Services.
1.9 PROJECT; The "Wct" shall mean that certain City capital project that has been
qpryoved by the City Co0nmissi@die described in Schedule "A" hereto.
tt'
1'.'g.1 Proiect Gget:The "Project Cost", shall mean the estimated total cost of the
projed;€S prepared and established by the City, including the estimated Construction Cost
and Softt&its. The Project Cost may, from time to time, be revised or adjusted by the City,
in its sole diseretion, to accommodate approved modifications or changes to the Project or
scope of work.
1.9.2 ProiectScope: The "Project Scope" shall mean the description of the
Project in Schedule "A" hereto.
1.10 CONSTRUCTION GOST: The "Construction Cost" shall mean the sum which is the
132
actual total cost to the City of the Work (as established in the Contract Documents, as they may be
amended from time to time), including a contingency allowance for unforeseen conditions, not to
exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) ot
the construction cost for rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for
such Work
l.l0.l GonstructionCostBudqet: The "Construction Cost Budget" shall mean the
amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1.10.2 Statement Of Probable Construc,tiot!,Cost: The "statement ,;,,,pf Probable
Construction Cost" shall mean the latest approved wriften estimate of Construction Cost
submitted by Consultant to the City, in a format approved by the Project Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction
Cost shall be the same as the Constsuction Cost.
1.11 FORCE MA.IEURE:,:,::,,:Force Majeure'shall mean any delay occasioned by superior or
irresistible force occasioned by',vlolence in nature without the interference of human agency such
as hurricanes, tornad@s, flood$, loss caused by,fire and other similar unavoidable casualties; or
by changes inF_,,gderal, $&616r l6call$Kgrdrnances, codes or regulations enacted after the date
of this Rgreenidirt ; or other €trses beyond the parties' control which have, or may be reasonably
gIFcteO to have, a material adverse effect on the Project, or on the rights and obligations of the
paiiieo,under this Agreer.ripnt and.*vhich, by the exercise of due diligence, such parties shall not
have been,able to avoid; provided, however, that inclement weather (except as noted above), the
acts or omissions of gtrb-consultants/sub-contractors, market conditions, labor conditions,
construction industry price trends, and similar matters which normally impact on the construction
process SHALL NOT be considered a Force Majeure.
lf the Consultant is delayed in performing any obligation under this Agreement due to a force
majeure, the Consultant shall request a time extension from the Project Coordinator within five (5)
business days of said force majeure. Any time extension shall be subject to mutual agreement and
shall not be cause for any claim by the Consultant for extra compensation, unless additional
services are required, and approved pursuant to Article 5 hereof.
133
1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company,
corporation, joint venture, or other entity contracting with City for performance of the Work covered
in the Contract Documents.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together
with all exhibits, addenda, and written amendments issued thereto), and the documents prepared
by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto
(that form the basis for which the City can receive bids for the Work included in the documents).
The Contract Documents shall also include, without limitatiorii(together with all exhibits, addenda,
and written amendments issued thereto), the invitation to bid (lTB), inStriptions to bidders, bid
form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions
of the Contract for Construction [General, Sup.plenrcntary, and other Conditions], p.ivisions 0-17,
Construction Documents, an approved Change Order(s), approved Construction Change
Directive(s), and/or approved written order(s) for a mino'fdrange in the Work.
1.14 CONTRACT FOR CONSTRUCTIOH: "Contract for Construction" shall mean the legally
binding agreement between City and with Contr8{ftor for performance of the Work covered in the
1.15 CONSTRUCflON DOGtlillENTS: "Construction Documents" shall mean the final plans,
technical documents, and diagrams prepared by the Consultant pursuant
to this Agreement, which show the locali,gnE,.characters, dimensions and details of the Work to be
done, and whiitr are part of the Contract Doiiments.
1.16'i]SONTRAGT AMENDMENT: .Contract Amendment" shall mean a written modification to the
Agreen^rqnt approved by tfi9 City (as specified below) and executed between City and Consultant,
covering cha6ges, additions, or reductions in the terms of this Agreement including, without
limitation, author[i,qg a change in the Project, or the method and manner of performance thereof,
or an adjustment iitne fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-five
thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars
($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of the
134
City Commission for approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
the Basic Services in this Agreement, which the Consultant shall perform, at the City's option,
and which have been duly authorized, in writing, by the City Manager or his authorized designee,
prior to commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance byjontractor of all duties and
obligations proposed by the Contract Documents. ,.,
1.19 SERVIGES: "Services" shall mean all services,
performed pursuant to or undertaken under this Agreement.
work, and actiohs by the Consultant
1.20 SOFT COSTS: "Soft Costs" shall mean coslq related to the Project other than
Construction Cost including, without limitation, Consultant's Basic Services, Additional Services,
surveys, testing, general consultant, financing, and permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant (and approved by the City) as being within the
Construction Csst Budget. "Base Bid' shall not include Additive Alternates or Deductive
Alternates.
1Z? SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic
S$.ryices, and any Additional Services (as approved by the City), all as described in Schedule "A"
herdo.
1.23 SQI*EDULES: "schedules" shall mean the various schedules attached to this
Agreement arid refer:red to as follows:
Schedule A - Scope of Services.
Schedule B - Consultant Compensation.
Schedule C - Consultant Hourly Billing Rate Schedule.
Schedule D - Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction
135
Schedule G - lnsurance Requirements and Sworn Affidavits
Schedule H - Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of tho,frst
shall be issued by the Project Coordinator and counter-signed by
Notices to Proceed shall also be issued by the Project Coordinator.
Notice to Proceed which
Gonsultant. Subsequent
A separate Notice to Proceed shall be required prior to commencement of each Task (as
same are set forth in Schedule "A" hereto).
2.3 As it relates to the Services ard the Project, Consultant warrants and represents to City
that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable
in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida
Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and
Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable
Laws"). As they relde to the gsvices and to the Project, the Consultant agrees to comply with all
such Applicable Laws,.ryltetf6em*U,effect or as may be amended or adopted from time to time,
and shall furthr take intd@runt 'pending changes to the foregoing of which it should
reasonably be aware.
::.'
Recognizing that the construction of other projects within the City may affect scheduling of the
constructibn for the Projd, the Consultant shall diligently coordinate performance of the Services
with the Crty {tnrough fire Project Coordinator) in order to provide for the safe, expeditious,
economical and efiicient completion of the Project, without negatively impacting concurrent work
by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as
other consultants, including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable pro.lects in South Florida. Consultant warrants and represents to the City
that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to
136
perform the Services. Consultant warrants and represents to City that it is responsible for the
technical accuracy of the Services (including, without limitation, the Design Documents
contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning,
design, bidding/award, construction administration, and Additional Services [as may be
approvedl), all as further described in Schedule "A" hereto; and shall also include any and all of
Consultant's responsibilities and obligations with respect to the Project, as set forth in the General
Conditions of the Contract for Construction (attached as Schedule "F" hereto).
2.5.1 Planning Services:
Consultant shall provide
Documents and as set
Services").
t.
planning services for the Project, as requliiiid by the Contract
forth in Task 1 of Schedule "A" hereto (entitled "Planning
2.5.2 Desiqn Services:
Consultant shall prepare Design Documents for the Pn$6ct, as required by the Contract
Documents and as set forth in Task 2 of S@p{ule "A" herdo (entitled "Design Services")
2.5.3 Biddinq And Aurard Services:
Consultant shall govide biddi$ and award services for the Project, as required by the Contract
Documents and as se@rt1 in Task 3 of Schedule "A" hereto (entitled "Bidding and Award
Servhes").
2.5.4
Consultant shall;,,pqgvide q$nstruction administration services for the Project, as required
$,the Contract Dtrcuments and as set forth in Task 4 of Schedule "A" hereto (entitled
"Cong,tluction Administration Services").
"'.,:,r.,'r..
2.5.5
lf required (and so approved) by the City, Consultant shall provide Additional Services, as set
forth in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBIL!ry FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals
issued by the City shall not constitute nor be deemed a release of the responsibility and liability of
the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for
137
the accuracy and competency of its/their designs, working drawings, plans, technical
specifications, or other technical documents, nor shall such approval and/or decisions be deemed
to be an assumption of such responsibility by the City for a defect, error or omission in designs,
working drawings, plans, technical specifications, or other technical documents; provided,
however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of
written decisions and approvals furnished by the City pursuant to this Agreement.
2.7 TIME: lt is understood that time is of the essence in the coqpletion of the Project and, in
this respect, the parties agree as follows: i
:it2.7.1 Term: The term of this Agreement shall commence upon execution by the parties
(subject to approval of the Agreement by the Mayor and City Commission) (the Effective
Date), and shall be in effect until all Services are completed or until the work and/or services
under the Notices to Proceed in force at the end.gf the stated period of time have been
completed and the Services accesed, whichever may be later.
2.7.2
the standard of professional skill and
progress of the Work.
care
The Consultant shall perform the Services as expeditiously as is consistent with
require{ly this Agreement, and the orderly
2.7.3 The Ser$ices shall be performed in a manner that shall conform with the
apprqved Project'schedule, attachgd to'as Schedule "E" hereto. The Consultant may
submit requq$ for an adjustment to the Project Schedule, if made necessary because of
i. undue delays esulting frory untimely review taken by the City (or other governmental
arthorities having jurisdiction over the Project) to approve the Consultant's submissions, or
iny olher portion of the Services requiring approval by the City (or other governmental,.
authori$Q$ having jut{sdiction over the Project). Consultant shall immediately provide the
Project Coordinator with written notice stating the reason for the particular delay; the
requested ad1'ustment (i.e. extension) to the Project Schedule; and a revised anticipated
schedule of completion. Upon receipt and review of Consultant's request (and such other
documentation as the Project Coordinator may require), the Project Coordinator may grant a
reasonable extension of time for completion of the particular work involved, and authorize
that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's
approval (if granted) shall be in writing.
138
2.7 4 Nothing in this Section 2.7 shall prevent the City from exercising its rights
to terminate the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative
working relationship with the Project Coordinator, Contractor, and any and all other individuals
and/or firms that have been contracted, or othenruise retained, to perform work on the Project.
2.g The Consultant shall perform its duties under this Agreement in a competent, timely and
...:.'professional manner, and shall be responsible to the City for ry$pfa;lure in its performance, except
to the extent that acts or omissions by the City make such performan@ impossible.
The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all work required under the Agreement (including the work
performed by sub-consultants), within the speo@,lime period and specified cost. The
Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily
possessed and used by a proficient consulting with respect to the disciplines required for the
performance of the work in the State of Florida. The Consultant is responsible for, and shall
represent to City that the work conforms to City's reguirements, as set forth in the Agreement.
The Consultant shall b9
3_nO
remain liabldto the City for all damages to the City caused by the
Consultant's negligent actq€f .errors or omissions in the performance of the work. ln addition to
all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-
perform all or any portion of the Services to porrect any deficiencies which result from the
Consultant's failure to perforrn in aicordance with the above standards. The Consultant shall also
be liable for &e replacernent .,or repair of any defective materials and equipment and re-
pdormance of anf non-conforming construction services resulting from such deficient Consultant
ser$l$&s for a period frcxtr the Effee{ive Date of this Agreement, until twelve (12) months following
final acceptance of the Work, and for the period of design liability required by applicable law. The
Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve
the method and timirg of the corrections. Neither the City's inspection, review, approval or
acceptance of, norpayment for, any of the work required under the Agreement shall be construed
to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the
Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any
cause of action arising out of the performance of the Agreement. The Consultant and its sub-
consultants shall be and remain liable to the City in accordance with Applicable Laws for all
damages to City caused by any failure of the Consultant or its sub-consultants to comply with the
terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct,
139
unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With
respect to the performance of work by sub-consultants, the Consultant shall, in approving and
accepting such work, ensure the professional quality, completeness, and coordination of the sub-
consultant's work.
2.9.1 The Consultant shall be responsible for deficient, defective services and any
resulting deficient, defective construction services re-performed within twelve (12) months
following final acceptance and shall be subject to further re-performance, repair and
replacement for twelve (12) months from the date of initial rc-performance, not to exceed
twenty-four months (24) trom final acceptance.
2.9.2 Gonsultant Performance EvalB$on: The Consultant is advised that a
performance evaluation of the work ren__$@d througl"Uryt this Agreement will be completed
by the City and kept in the City's files f6i evaluation of$ltrye solicitations.
2.10 The City shall have the right, Stany time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by tfie City at its expense) any or all parts of the Services
and the Consultant shall fully cooperate in sucfr review(s) \A/henever others are required to
verify, review, or consider any work performed by Consultant (including, without limitation,
contractors, other des(;n professionals, and/or other consuhants retained by the City), the intent
of such requir-ement is to enable the Consultant to receive input from others' professional
expertise to ide& any discrepancies, errors or omissions that are inconsistent with industry
standards for design'ror constn&n of comparable projects; or which are inconsistent with
Applimble La-ue; or which with standards, decisions or approvals provided by the
Qs under this
'66nsistent with
AEreement. '&6nsultant will use reasonable care and skill, in accordance and
customary professional standards, in responding to items identified by other
in writing;r*icluding,
this subsection. Consultant shall receive comments from reviewers,
limitation (and where applicable), via a set of marked-up drawings
and specificdions. Corcultant shall address comments forwarded to it in a timely manner. The
term "timely" shall be defined to mean as soon as possible under the circumstances, taking into
account the timelines of the Project Schedule.
2.11 flntentionallyOmittedl
2.12 Consultant agrees that when any portion of the Services relates to a professional service
which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified
140
duly licensed certified personnelto provide same.
2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of
the first Notice to Proceed, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Manage/'). The Project Manager shall be authorized and
responsible to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of the Services. Consultant's Project Manager (as well as any
replacement) shall be subject to the prior written approval of the $ity Manager or his designee
(who in this case shall be the Project Coordinator). Replacement {grcluding reassignment) of an
approved Project Manager shall not be made without the prior written approval of the City
Manager or his designee (i.e. the Project Coordinator).
2.13.1 Consultant agrees, within fourteen ('14) calendar days of receipt of written notice
from the City Manager or his designee (which notice shall state the cause therefore), to
promptly remove and replace a Project Manager, or any other personnel employed or
otherwise retained by ConsultantJor the Project ( including, without limitation, any sub-
consultants).
, "''if'
2.14 Consultant agrees not to divulge, furnish or maks available to any third party(ies), any
non-public informationconceming the Servies or the Project, without the prior written consent of
the City Managdirr his desig*ee (who shall be the Project Coordinator), unless such disclosure
is incident to the proper perfgqn.ance of the Services; or the disclosure is required pursuant to
Florida Pqblic Records laws; or, in the qlursaof judicial proceedings, where such information has
been properly sr|$$oenaed. Consultant shall also require its employees and sub-consultants to
q9{!Ply with this subsec*ion ,.
2.15 ''Tlte City and Consultant acknowledge that the Services do not delineate every detail and
minor work lask requiredlto be performed by Consultant to complete the Project. lf, during the
course of periorminqd the Services, Consultant determines that work should be performed to
complete the Proffi which is, in the Consultant's reasonable opinion, outside the level of effort
originally anticipated in the Scope of Services, Consultant shall promptly notify the Project
Coordinator, in writing, and shall obtain the Project Coordinator's written consent before
proceeding with such work. lf Consultant proceeds with any such additional work without
obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be
within the original Scope of Services, and deemed included as a Basic Service (whether or not
specifically addressed in the Scope of Services). Mere notice by Consultant to the Project
141
Coordinator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work by Consultant without the prior written consent of the Project
Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and
all such documents and/or records. ln addition, Consultant shall provide electronic document files
to the City upon completion of the Project.
:.:::::
2.17 The City's participation in the design and construction of the !1,9ect shall in no way be
deemed to relieve the Consultant of its professional duties and respon.Wrry; under the Contract
Documents or under Applicable Laws. '
,:::
218 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and
Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable
Leadership in Energy and Environmental Design (LEED) compliance requirements.
2,19 SUB.GONSULTANTS:All services provided by sub-consultants shall be
consistent with those comrnltments made by the Consultant in its Proposal and during the
competitive solicitation
performed pursuant to
process and interview. Such services shall be undertaken and
written agrements between the Consultant and the sub-
consultants, which 1giors !!{:rpreserve and protect the rights of the City under
th is,Agrcement.'" Nothi ined in thi&rAgreement shall create any contractual relationship
hqlween the Cityi@ll1q sub Itants.
The.Consultant shall f$t retain,,''add, or replace any sub-consultant without the prior written
approval Ef the City Manager, in response to a written request from the Consultant stating the
reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager
shall not in any way shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City. The quality of services
and acceptability to the City of the services performed by sub-consultants shall be the sole
responsibility of Consultant. The Consultant shall cause the names of sub-consultants
responsible for significant portions of the Services to be inserted on the plans and specifications.
ARTICLE 3. THE C/TY'S RESPONSIBILITIES
142
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement
and the Project during the design and construction of same (except unless othenruise expressly
provided in this Agreement or the Contract Documents). The Project Coordinator shall be
authorized (without limitation) to transmit instructions, receive information, and interpret and
define City policies and decisions with respect to the Services and the Project. However, the
Project Coordinator is not authorized to issue any verbal or wriften orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant is obligated to commence and complete the Services;
or1
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all informatior'i that the City has in its
possession pertinent to the Project. Consultant fereby agrees and acknowledges that, in making
any such information ayallable to Consult&irt, the City makes no express or implied certification,
warranty, and/or repres*itrrtion as to the aecuracy or completeness of such information. The
Consultant un@rstands, and hereby agrees and acknowledges, that it is obligated to verify to the
extent it deems necessary all lnformation furnisligllby the City, and that it is solely responsible for
the accuracy and applicability fi'an such in&dtion used by Consultant. Such verification shall
: a:-
include, without limitation, visual examination of existing conditions in all locations encompassed
,gy'tne Project, where such examination can be made without using destructive measures (i.e.
' e}6.i-qlon or demolition). Surveylinformation shall be spot checked to the extent that Consultant
has s d itself as to the reliability of the information.
..,i,
3.3 [ntentiondly@mitted]
'i:::l:lr"::-
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project (including, without limitation, auditing services to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its sub-consultants or vendors).
3.5 lf the City observes or otherwise becomes aware of any fault or defect in the Project, or
143
non-conformance with the Contract Documents, the City, through the Project Coordinator, shall
give prompt written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity,
shall render any administrative approvals and decisions required under this Agreement, in writing,
as reasonably expeditious for the orderly progress of the Services and of the Work. No City
administrative (proprietary) approvals and/or decisions required under this Agreement shall be
unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times
have the right to approve or reject any such requests for any reasonable basis..
:,..:,.
a..,.,.
.3.7 The City Commission shall be the final authority to do or to app@e the following actions
or conduct, by passage of an enabling resolution or amendment to this Agreqglgqt:
3.7.1 Except where othenryise expressly noted in the Agreement
-fr:"ine
Contract
Documents, the City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve
any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer
shall be detngd to also include sale of the majority of the stock of a corporate
consultant.
3.7.3 Upon m$gn; stlfrom Consultant, the City Commission shall hear appeals
isions of'the City Manager or the Project Coordinator. ln such
's decision shall be final and binding upon all parties.
3.7.4 The Cit$€ommission shall approve or consider all Contract Amendments that
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specifi€d by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where othenrise expressly noted in this Agreement, the City Manager shall serve
as the City's primary representative to whom administrative (proprietary) requests for decisions
and approvals required hereunder by the City shall be made. Except where othenrise expressly
noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and
authorizations which may include, without limitation, proprietary review, approval, or comment
upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the
City by Consultant.
144
3.8.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary)
decisions on matters arising pursuant to this Agreement which are not otherwise
expressly provided for in this Agreement. ln his/her discretion, the City Manager may
also consult with the City Commission on such matters.t'
:3.8.3 At the request of Consultant, the City Manager shall be authorized, but not
required, to reallocate monies already budgeted toward payment of the Consultant;
provided, however, that the Consultant's compensation (or other budgets established
without the prior approval of the City
all) shall be in its sole and reasonable
by this Agreement) may not be inei,ei!.d
Commission, which approval (if grantd&
discretion.
3.8.4 fintentionally Omitted]
3.8.5 The- City Manager .rnay approve Contract Amendments which do not
exceed the.sum iiftwenty five thousand dollars ($25,000.00) (or other such amount as
mayJie specified py tn" City of Mifii Beach Purchasing Ordinance, as amended);
provided that no such amendments increase any of the budgets established by this
Agreement.
3.8.6 '.: The Slinager may, in his/her sole discretion, form a committee or
::1.;,t;2 committees, or inquire Of, or consult with, persons for the purpose of receiving advice
'':i: and recommendations relating to the exercise of the City's powers, duties, and
reaponsibilitie$ under this Agreement or the Contract Documents.
,r'
3.8.7 Ttd City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s) under
this Agreement, and, should such default remain uncured, in terminating the
Agreement (pursuant to and in accordance with Article 10 hereof).
r:-
City
145
ARTICLE 4. RESPONSIBILITY FOR GONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in
Schedule "D", attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared
by Consultant. :!
,t4.3 Consultant shall warrant and represent to the City that iti review and evaluation of the
Construction Cost Budget, Statement of Probable Construction' Cost, and any other cost
estimates prepared (or othenrvise provided) by Consultant for the Projed, represent Consultant's
best judgment as an experienced design professional familiar with the construction industry;
provided, however, that Consultant cannot (and does not) guarantee that bid{gr negotiated
prices will not vary from any estimates of Constructieryl Cost or other cost evaluation(s) prepared
(or otherwise provided) by Consultant.
4.4 The Construction Cost Budget{as.'&tablished in Schedule "D" hereto) shall not be
exceeded without fully justifiable, extraordinary, Ard wrforeseen circumstances (such as Force
Majeure) which are beyond the control of the parties. Any ex$enditure above this amount shall be
subject to prior Ciff Commission approval which, if granted at all, shall be at the sole and
reasonable discretion of the City Commission. The City Commission shall have no obligation to
approve an increasell tn3 Construction Cost Budget and, if such budget is exceeded, the City
Commisslos,,{nay, at itsriote and reasonable discretion, terminate this Agreement (and the
rellaining Servicq) without any further liability to the City.
.t
4'if" Jf the lowest and best bas.4 bid exceeds the Construction Cost Budget by more than five,percenffi%), the City'Commission may, at its sole option and discretion, elect any of the
following optigns: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and
(at its option) qutllg{ize rebidding of the Project; (3) abandon the Project and terminate the
remaining Services without any further liability to the City; (4) select as many Deductive
Alternative, ", ,"y be necessary to bring the lowest and best bid within the Construction Cost
Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule,
sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost
Budget. ln the event the City elects to reduce the Project Scope, the Consultant shall provide any
required revisions to the Contract Documents (including, without limitation, the Construction
Documents), and provide re-bidding services, as many times as reasonably requested by the
146
City, at no additional cost to the City, in order to bring any resulting, responsive and
responsible bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Coordinator (which authorization must be obtained prior to
commencement of any such additional work by Consultan$. The written authorization shall
contain a description of the Additional Services required; an hourly fee (in accordance with the
rates in Schedule "C" hereto), with a "Not to Exceed' amount; Reimbul$?ible Expenses (if any)
with a "Not to Exceed" amount; the amended ColStruction Cost Budget (if applicable); the time
required to complete the Additional Services; and an amended Project Schedule,(if applicable).
"Not to Exceed" shall mean the maximum cumulati@lpurly fees allowable (or, in the case of
Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant
shall not exceed without further written authorization of the Pr:oject Coordinator. The "Not to
Exceed" amount is not a guaranteed maximum.eost for the additioii'al work requested (or, in the
case of Reimbursables, for the expenses), and atrl coets applicable to same shall be verifiable
through time sheets (and, fsr Reimbursables, expense reviews).
5.2 nOditionalS&fvices nray include, but not be limited to, the following:
5.2.1 Prorii&rg additional work relative to the Project which arises from subsequent
circumstances and causes M do not currently exist, or which are not contemplated
by the Bry at the time of execution of this Agreement (excluding circumstances and
causes resultftg from error, omission, inadvertence, or negligence of Consultant).
l:..;,'
'6.2.2 Seiling as an expert witness in connection with any public hearing,:
arbitation proceeding, or legal proceeding, unless the subject matter at issue has
arisen:[om the error omission, inadvertence, or negligence of Consultant.
Intentionally Omitted]
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts
(except for Contract Document revisions and re-bidding services required under
Section 4.5 hereof, which shall be provided at no additional cost to City).
5.2.3
147
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses
allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City.
Any money not directed to be used by City for Reimbursable Expenses shall remain with the City
(i.e. unused portions will not be paid to Consultant).
Notwithstanding the above, any Reimbursable Expenses in ercesS of $500 must be authorized,
in advance, in writing, by the Project Coordinator. lnvoices or vouchers for Reimbursable
Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and
other back-up material requested by the Project Coordinator). Consultant shall certify as to each
such invoice and/or voucher that the amounts,d'n*ritems claimed as reimbursable are "true and
correct and in accordance with the Agreement.' lfi:
Reimbursable Expenses may include, but not be limited to, the following:
6.2.1 Cost of reproduction, @urier, and pstage and handling of drawings, plans,
6.2
specifications-,
of the
betwdFrn the Con
other Project&ocuments (excluding reproductions for the office use
$nd its sub-consultants, and courier, postage and handling costs
and its sub-censultants).
Costs forlgprocfuc-tion and preparation of graphics for community workshops.
fees rquired by City of Miami Beach regulatory bodies having
* jurisdiction olrer the Proiect (i.e. City permit fees).
,'
ARTTCLE 7. COMPEN$ATTOI(| FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be XXXXXXXX, with a
Reimbursable Expenses allowance of XXXXXXXX.
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and
approval of an acceptable invoice by the Project Coordinator. Payments shall be made in
proportion to the Services satisfactorily performed, so that the payments for Services never
6.2.2..
6.2.3
148
exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted
with each invoice). No mark-up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedul€ "C," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not). l
7.4 Approved Reimbursable Expenses shall be paid in acgrdance with Article 6 hereto, up to
the "Not to Exceed" Reimbursable allowance amount in Schedule *B" hereto. Any request for
payment of Reimbursable Expenses shall also be included with Consultant's payment request.
No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESGALATION: During the Term of this Agreexnent, the.,rCity may, by firitten directive
approved and executed by the City Manager, adjust the &es included in the Hourly Billing Rate
Schedule in Schedule "C" hereto, to pJlect the change in the Consumer Price lndex (CPl) on a
cumulg$y€ change of the CPI for the
Miami urban area, provided that in no event shall,any the annual increase exceed three percent
(3Yo).
,.:7.6 No retainagre shall bei,made from the Consultant's compensation on account of sums
withheld by the Citi gr payments to Contractor.
7.7 METHOD OF BILLIN&AND PAYIUiENT. Consultant shall invoice the Project Coordinator
in€ timely manner,ibut no more than once on a monthly basis. lnvoices shall identify the nature
diid.,extent of the work qerformed the total hours of work performed by employee category; and
the respective hourly Oiitrpg rate associated therewith. ln the event sub-consultant work is used,
the percentage of complgtion shall be identified. lnvoices shall also itemize and summ arize any
Additional Servlses andlor Reimbursable Expenses. A copy of the written approval of the Project
Coordinator for th6'requested Additional Service(s) or Reimbursable Expense(s) shall accompany
the invoice.
7.7.1 lf requested, Consultant shall provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for Reimbursable
Expenses (by category).
149
7.7 .2 The City shall pay Consultant within forty-five (45) calendar days from
receipt and approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written
approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or othenruise), correspondence, technical documents,
and any other records or documents related to the Seruices and/or Proiect will be available for
examination and audit by the City Manager, or his/her authbrized representatives, at Consultant's
office (atthe address designated in Article 15 ["l,lotices"]), during customary''business hours. All
such records shall be kept at least for a period of thhe (3) years after Consultant's completion of
the Services. lncomplete or incorrect entries in such r€eords and accounts relating personnel
services and expenses may be grounds for City's disallowance of any fees or expenses based
upon such entries. Consultant shalt alsg bind its sub-consuttants to the requirements of this
Article and ensure compliance therewith . .-
.i..{.
ARTICLE 9. OWNERSHIP OF PROJ&CT DOCUMENTS
9.1 All notes, corcspondeirce, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
*! "ny other documents (whether completed or partially completed) and copyrights thereto for
Sendces performed or poduced in the performance of this Agreement, or related to the Project,
wheiher,in paper or other hard copy medium or in electronic medium, except with respect to
copyrighted standard details and designs owned by the Consultant or owned by a third party and
licensed to the.lons,qltant for use and reproduction, shall become the property of the City.
Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of
completion of t#'services (or within thirty (30) days of expiration or earlier termination of this
Agreement as the case may be). However, the City may grant an exclusive license of the
copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof
as authorized by the City Manager in advance and in writing, ln addition, the Consultant shall not
disclose, release, or make available any document to any third party without prior written approval
from the City Manager. The Consultant shall warrant to the City that it has been granted a
license to use and reproduce any standard details and designs owned by a third party and used
150
or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 1 19, Florida Statutes.
s)
g) 9.2 The Consultant is permitted to reproduce copyrighted material described above
subject to prior written approval of the City Manager.
s)
g) 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to
adapt copyrighted material for additional or other work for the City; houever, payment to the
Consultant for such adaptations will be limited to an amount n(f,greater than 5Oo/o of the original
fee earned to adapt the original copyrighted material to a new site.
s)
g) 9.4 The City shall have the right to modify the Project or any components thereof
without permission from the Consultant or without any additional compensation to the Consultant.
The Consultant shall be released from any liability resuEing from such modification.
s)
9.5 The Consultant shall nind atfiub-consultants to the Agreement requirements for re-use of
plans and specifications.
MENT
10.1 TERMINATION FOR qgK OF FUND$ The City is a governmental entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of
its,performance i&q&!0ordan th the terms and conditions of this Agreement. ln the event there
is,....a ]ack of adequdb''funding either for the Services or the Project (or both), the City may
tenffi&te this Agreementwithout further liability to the City.
10.2 TERMINATION FOR GAUSE: The City, through the City Manager, may terminate this
,i- -,"'Agreement for e6t gq' upon written notice to Consultant, in the event that the Consultant (1)
violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays
the performance of the Services or any portion thereof; or (3) does not perform the Services or
any portion thereof in a timely and satisfactory manner. ln the case of termination for cause by
the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon
receipt of the initial written notice of default from the City).
10.2.1 ln the event this Agreement is terminated for cause by the City, the City, at
151
10.2.2
its sole option and discretion, may take over the remaining Services and complete them
by contracting with another consultant(s), or otherwise. The Consultant shall be liable to
the City for any additional cost(s) incurred by the City due to such termination.
"Additional Cost" is defined as the difference between the actual cost of completion of
the Services, and the cost of completion of such Services had the Agreement not been
terminated.
ln the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such date is set forth in, or can be calculated from, the City's initial
written default notice). Upon payment of any amount which mry$, due to Consultant
pursuant to this subsection 10.2.2, the City shall have no further liaffi to Consultant.
10.2.g As a condition precedent to release of any payment which may be due to
Consultant under subsection 10.2.2, the Consti$B!.t shall promptly assemble and deliver
to the Project Coordinator any and all Project documents prepared (or caused to be
prepared) by Consultant(including, without limitation, thoqe referenced in subsection 9.1
hereof). The City shall not be responsibte for any cost incurred by Consultant for
assembly, copy, and/or delivery of Project documents:pursuant to this subsection.
10.3 TERMINATTON FOR COIIENIENGE: ln addition to the City's right to terminate for cause,
the City through the City Marryer, may also terminate this Agreement, upon fourteen (14) days
prior written notice to Coaqgllaiit;for'Convenience, without cause, and without penalty, when (in
its sde discretion) it deems.'@[ termination to be in the best interest of the City. ln the event the
City terminates the Agreemenf'f?il:.eonvenience, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice),t'iind for Consulta-nt's costs in assembly and delivery to the Project Coordinator of the
Project doexrrrents (refercnced in subsection 10.2.3 above). Upon payment of any amount which
may be due to eonsultant pursuant this subsection 10.3, the City shall have no further liability to
Consultant ..
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement
for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully
violates any provisions of this Agreement or unreasonably delays payment of the Services or any
portion thereof. ln the event of a termination for cause by Consultant, the City shall pay
Consultant for any Services satisfactorily performed and accepted up to the date of termination;
152
provided, however, that the City shall first be granted a thirty (30) day cure period (commencing
upon receipt of Consultant's initialwritten notice).
10.4.1The Consultant shall have no right to terminate this Agreement for convenience.
10.5 !MPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause
orforconvenience), the Consultant shall immediately, upon receipt of lhe City's written notice of
termination: (1) stopthe performance of Services; (2) place nofurther orders or issue any other
subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontracts; afid {4) promptly assemble all
Project documents (for delivery to the Project Coordinator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following
required insurance coverage in full force and effect. The Consultant shall not commence any
work until satisfactory proof of all required insurance coverage has been furnished to the Project
Coordinator:
(a) Professional Ltability lnsurance, in the amount of one million dollars
($1,000, 0), per o@irrence, with a maximum deductible of $150,000 per occurrence,
$450,000 aggr4,qte. C{lyltant shall notify the Project Coordinator, in writing, within thirty
(30) daylr,of any c$!,ms filed or macle against its Professional Liability lnsurance policy.
'.:, ri::t
(b).,Liability lnsurance, in the amount of one million dollars
it Bodily lnjury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on
this policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. All
certificates and endorsements shall contain this requirement.
153
11.3 The insurance must be furnished by an insurance company rated B+:Vl or better, or its
equivalent, according to Bests'Guide Rating Book, and by insurance companies duly authorized
to do business in the State of Florida, and countersigned by the company's Florida resident
agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all
required insurance policies. The City reserves the right to require a certified copy of such policies,
upon written request to Consultant. il
ARTIGLE 12. !NDEMNIFICATION AND HOLD HARMLESS.
12.1 Pursuant to Section 725.08, Florida Statutes, thqConsultant shall'indemnify and
hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities,
damages, losses, and costs, includi@ but not limited to, reasonable attorneys'fees, to the extent
caused by the negligence, recklessness, or intentionally wrongfUl'eonduct of the Consultant and
other persons employed or utilized by the Consultaht in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or a@ns of any kind or nature in the name of the City, where applicable,
including appellatdlf,qceedingei, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. Consultant expressly ,glderstands and agrees that any insurance protection
required by this {greement or othenryise provided by Consultant shall in no way limit its
rgpponsibility to indemnify, keep, and save harmless and defend the City or its officers,
erq$gyees, agents, a hd,irl,stru m e@lities as herei n provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or
responsible for aay$aims which may result from any negligent, reckless, or intentionally wrongful
actions, errors or'-6missions of the Consultant in which the City participated either through review
or concurrence of the Consultant's actions. ln reviewing, approving or rejecting any submissions
by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or
any registered professionals (architects and/or engineers) under this Agreement).
154
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS:It is specifically agreed that any construction
changes categorized by the City as caused by an error, an omission, or any combination thereof
in the Contract Documents that were prepared by the Consultant will constitute an additional cost
to the City that would not have been incurred without the error. The damages to the City for
errors, omissions or any combinations thereof shall be calculated as the total cost of any
damages or incremental costs to the City resulting out of the errors or omissions by the
Consultant.
.:l::,
Damages shall include delay damages caused by the effor, omission, o.'any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors,
omissions, or any combination thereof, the Consuttant may appeal this determination, in writing,
to the City's Capital lmprovement Projects Director (the . The Director's decision on all
claims, questions and disputes shall be final,nd binding upon the parties hereto
unless such determination is clearly'.ffifiary or unreasonable. ln the event that the Consultant
does not agree with the decision of the Director, the Consultant sl1qtl present any such objections,
in writing, to the City Manager. The Diredor and the Consultant shall abide by the decision of the
City Manager. This paragraph does not constifute a waiver of any party's right to proceed in a
court of competent jurisdic'tion after the above administrative remedies have been exhausted.
ARTTCLE 14. LTMTTATTON OqLIABTLTTY
. -ia
,,1&8 CitV desires to..enter into this Agreement only if in so doing the City can place a limit on its
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreery1.ry{, so that its liability for any such breach never exceeds the "not to exceed" amount of
the fee &A to Consultant under this Agreement, less any amount(s) actually paid to Consultant
.l
hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with
Consultant's recoyery from the City for any damages for action for breach of contract to be limited
to Consultant's "iiot to exceed" fee under this Agreement, less any amount(s) actually paid by the
City to the Consultant hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to Consultant for money damages due to an
alleged breach by the City of this Agreement, in an amount in excess of the "not to exceed
155
amount" of Consultant's fees under this Agreement, which amount shall be reduced by any
amount(s) actually paid by the City to Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to
be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida
Statutes.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139 ...,
Attn: XXXXXXXXXXXXX :''': ':':
"
with a copy to: ..1, t,
Capital I m provemenlProjects Office
City of Miami ryry
1700 Convention Center Drive r
Miami Beach, Florida 33139 ,..
Attn: ffi
Allutr@n notices givento.the Consultant from the City shall be addressed to:
ffi
xxxxxxxxxrcOo0v(
W
M
Attn: XXXXXXXXXXX
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
156
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without regard to principles
of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVEry$ TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNTTY EMPLOHIENT GOALS: Consultant agrees that it will
not discriminate against any employee or applicant for employment for wod< under this
Agreement because of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure
that applicants are employed and emptOyees are treated during employment without regard to
race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or
familial status, or age.
.,r,.il.,..
16.3 PUBLIC EHTITY CRIilES AGT: ln accordance with the Public Entity Crimes Act (Section
287.133, Florida Stiatutes), a person or affiliate wh*is a consultant, who has been placed on the
convicted vendor list followiqg a csnviction for a public entity crime may not submit a bid on a
contract to prps{g,.any goqdqlcr services to the City, may not submit a bid on a contract with the
Ciff for the construction or repair of a public building or public work, may not bid on leases of real
.,f@perty to the City, rnay not be awaded or perform work as a contractor, supplier, subcontractor,
or subdansultant under a contract with the City, and may not transact business with the City in
excess otthe threshold amount provided in Section 287.017, Florida Statutes, for Category Two,
for a period of 36 monthS'from the date of being placed on the convicted vendor list. For violation
of this subsection by Consultant, City shall have the right to terminate the Agreement without any
liability to City, and pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
157
award or making of this Agreement. For the breach or violation of this subsection, City shall have
the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the
contract price (or othenruise recover) the full amount of such fee, commission, percentage, gift, or
consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal,
State, Miami-Dade County, and City laws, ordinances, and codes which may have a
bearing on the Services involved in the Project. , f;,
,,f-,r.r.
16.5.2ProiectDocuments. ln accordance with Section 119.07 (3) (""),1fui0, Statutes,
entitled "lnspection, Examination, and Duplication of Records;
plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final
formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection
and copying of public records), and s. 24(a), Article I of the State Constitution.
lnformation made exempt by thia paragraph, with prior written approval from the City
Manager, may be disclosed to another erfiity to perform its duties and responsibilities; to a
licensed architect, engineer, or contractor who is performing work on or related to the
Project; or upon a sh@llrg of good cause before a court of competent jurisdiction. The
entities or peq6gls
information. 'ta
. .:iri.:r.tr .
ng such information shall maintain the exempt status of the
'.r..i1..::i, ..,: .::.
16.e?.& ln ,&dition to the requirements in this subsection 16.5.2, the
Consult& agrees{o abide by all applicable Federal, State, and City procedures,
as may be.amended from time to time, by which the documents are handled,
copied, arid distributed which may include, but is not limited to, each employee of
Consultant and sub-consultants that will be involved in the Project being required
to sign an agreement stating that they will not copy, duplicate, or distribute the
documents unless authorized by the City Manager, in writing.
16.5.2.2 The Consultant and its sub-consultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
158
16.6
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the documents.
CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare,
without added compensation, all necessary supplemental documents to correct errors, omissions,
and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including
documents prepared by its sub-consultants. Compliance with this subsection shall not be
construed to relieve the Consultant from any liability resulting from any sUch errors, omissions,
and/or ambiguities in the Contract Documents and other documents or SeMqg$related thereto.
16.7 WARRANTY: The Consultant wanants that. the Services furnished to the City
under this Agreement shall conform to the quality expected of and usually provided by the
profession in the State of Florida applicable to the deegn and construction of public and
'a)t::.:.
commercial facilities' - :,:i.
't1,,'
16.8 NON-EXCLUSIVIW: Noh^,ithgtandin$ any provision of this non-exclusive
Agreement, the City is not precluded from retaining or utilizing any other architect, engineer,
design professional or other consultant to perform any incidental Basic Services, Additional
Services, or other profiessional.lggrvices within the contract limits defined in the Agreement. The
Consultant shall have iie6a!im againe! the City as a result of the City electing to retain or utilize
such other arctritecf, engineer, design professional, or other consultant to perform any such
irrcidental Services.
g) 1,6,9
Agreemerit&,,3n, other person, firm, association or corporation, in whole or in part, without the
prior written tbnsent of the City Commission, which consent, if given at all, shall be at the
Commission's sole option and discretion. However, the Consultant will be permitted to cause
portions of the Services to be performed by sub-consultants, subject to the prior written approval
of the City Manager.
s)
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the
Agreement and to the partners, successors, legal representatives, and assigns of such party in
respect to all covenants of this Agreement. The Consultant shall afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
A$SIGNMENT: The Consultant shall not assign, transfer or convey this
159
changes in the ownership structure and composition of the Consultant. Failure to do so
constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVIGES: ln the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
necessary to complete said Services.
16.12 INTENT OF AGREEMENT:
g) 16.12.1 The intent of the Agreement is for the Consuttant to provide design
services, and to include all necessary items fsr the proper completion of,Su-
,
r"rvices for a
fully functional Project which, when constructed in accordance with the desig$will be able to
be used by the City for its intended purpose. The Consultant shall perform, ad Basic Services,
such incidental work which may not be specifically referenced, as necessary to complete the
Project.
g) 16.12.2 This Agreement is for the benefit of the parties only and it does not grant
rights to a third party lqneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a strit for personal injuries, professional liability, or property damage
pursuant to the terms or prd\lisions of the Agreement.
1G.,12.3No , ordei; paynlent, or certificate of or by the City, or its employees or
agents, stlall either City from asserting any rights or operate as a waiver of any
.4,
provisions heretf or of or right herein reserved to the City or of any rights to
damages herein provided.
16.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained
herein; and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements whether oral
or written. lt is further agreed that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless memorialized in written
document approval and executed with the same formality and of equal dignity herewith.
160
F:\atIo\AGUR\AGREEMENT FORMS\A & E AGREEMENTS\A & E Agreement - NEW BOILER PLATE (Clean Version 8-2-10).doc
lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF M]AMI BEACH:
CITY CLERK 14 YqF
' ,:ll.:.:::.:. :
:.,ti:lr'.
ffi
Attest
Signature/Secretary
:.::r, :l::::'
Print Name
.,....::: ..:.
Signature/President
Print Name
161
162
SGHEDULE A
SCOPE OF SERVICES
163
SCHEDULE B
CONSULTANT COMPENSATION
Planning Services *
Design Services*
Bidding and Award Services
Construction Administration **
Reimbursable Allowance***
Schedule of Payments
,..,,$. 0.00
$x)tr)fixxx
$xxxxxrcu
t $xxxxxxxx
,''' $xxxxxxxx
$ o.ooHistoric Preservation Board / Design Review Board (if required)
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individualtasks"
Note**: Gonstructlol flf,ministration will be paid on a monthly basis upon commencement of
construction.
ln the event that, through no fautt of,'trte Consultant, Construction Administration services are
required to be which extension shall be subject to prior Gity approval, and what shal!
be at the City's solii thq,Gonsultant agrees to extend said services for $XXXXXX, per
to @lpplete the Project.month, fgr the duration required
,,Reimbursable Allowance belongs to the City and must be approved in writing, in
the Project Gogfrdinator. Unused portions will not be paid to the Consultant.
t:.'a
.:,a .
advance, by
164
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
165
SCHEDULE D
COSTRUCTION COST BUDGET
166
PROJECT SCHEDULE
SGHEDULE E
167
SGHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
168
SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS.
169
SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance lnformation
Procurement System and submit the weekly reports.
170
c4
COMMISSION COMMITTEE
ASSIGNMENTS
171
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
CO SSION MEMORANDUM
ADMINISTRATION RECOMMEN DATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On June 10,2015, at the request of Commissioner Deede Weithorn, the City Commission referred
this item to the Land Use and Development Committee (ltem C4J). On June 17, 2015, the Land
Use Committee discussed the item and directed the Administration to prepare a draft Ordinance for
the July 29,2015 Land Use Committee meeting.
On July 29, 2015, the Land Use Committee discussed the item and recommended that the
attached Ordinance Amendment be referred to the Planning Board. Commissioner Joy Malakoff
agreed to sponsor the proposed Ordinance.
ANALYSIS
The proposed Ordinance would modify the current regulations pertaining to off-street loading
requirements, as provided for under Chapter 130, Article lV of the Land Development Regulations
of the City Code. These requirements are designed to provide adequate facilities for loading and
unloading as it relates to multi-family and commercial properties. The current regulations establish
specific loading space requirements based upon use, as well as design standards.
Since these standards were adopted, staff has taken note of certain functional and practical
problems associated with both the wording of the code, as well as the ability to provide off-street
loading spaces. In this regard, the following is noted:
. The current language does not provide any latitude for changes in use within existing
buildings, which may not be physically capable of providing a code compliant off-street
loading space(s). These would include historic buildings.
. The current regulations do not create a separate standard for new construction that can
Aoenda ltem C./A
Date--TTtS
TO:
FROM:
Mayor Philip Levine and Members the City mission
Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: REFERRAL TO THE
AMENDING CHAPTER
OF THE CITY CODE
REQUIREMENTS
BOARD PROPOSED ORDINANCE
{30 OF THE LAND DEVELOPMENT REGULATIONS
PERTAINING TO OFF-STREET LOADING SPACE
172
Commission Memorandum
Referral to Planning Board - Off Street Loading Spaces Ordinance
September 2, 201 5 Page 2 of 2
more easily accommodate loading spaces within a parking garage. Such a minimum
requirement has been suggested as a part of this larger discussion.
ln order to address the pressing issue of existing buildings and changes in use, the following
modifications are proposed to Sec 130-131 :
1. Clarify that minimum off-street loading requirements are applicable to new construction
including any physical expansion of a structure or use.
2. For multi-family and commercial buildings utilizing enclosed structures for the storage
and/or parking of vehicles, all required loading spaces must be provided internally.
3. For a change of use in an existing building, required loading must either be provided in
accordance with the existing off-street loading schedule or a detailed plan delineating on-
street loading shall be approved by the parking department.
4. For properties located within a locally designated historic district, or historic site, the historic
preservation board may waive the requirements for off-street loading spaces for properties
containing a contributing structure, provided that a detailed plan delineating on-street
loading is approved by the parking department.
The Administration believes that the modifications proposed herein are consistent with the direction
of the Commission as it pertains to improving loading areas in the City. The proposed changes
also clean-up the existing code language pertaining to existing buildings.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.\fr
JLM/TRM
T:\AGENDA\2O1s\September\PlANNING\Referral to Planning Board - Chapter 130 Off-Street Loading MEMO.docx
173
Required Off Street Loading Spaces
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130 "OFF STREET
PARKING", ARTICLE IV, "OFF.STREET LOADING", BY MODIFYING THE
REQUIREMENTS FOR CALCULATING AND PROVIDING REQUIRED
LOADING SPACES FOR EXISTING BUILDINGS, CHANGES IN USE AND
NEW CONSTRUCTION, INCLUDING ENCLOSED STRUCTURES USED FOR
THE STORAGE AND PARKING OF VEHICLES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 130 of the City Code, entitled "Off Street Parking," includes a
separate Article pertaining to Off-Street Loading Spaces; and
WHEREAS, Chapter 130 is proposed to be amended to modify loading space
requirements for existing buildings and new, enclosed structures used for the parking and
storage of vehicles; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 130, "Off-Street Parking," Article lV, "Off-Street Loading," is
amended, as follows:
Sec. 130-101. - Space requirements and location.
A. When any new building or structure is erected stnrctrrrallv a in--use= or
an existinq buildino is increased in FAR, accessory off-street loading spaces shall be
provided for the new building, lew structure, or aCditienai increase in floor area omew-use
in accordance with the following schedule:
(1) For each retail store, department store, restaurant, wholesale house, warehouse, repair,
general service, manufacturing or industrial establishment, or similar use, which has an
aggregate floor area in square feet of:a. Over 2,000 but not over 10,000: 1 space.b. Over 10,000 but not over 20,000: 2 spaces.c. Over 20,000 but not over 40,000: 3 spaces.d. Over 40,000 but not over 60,000: 4 spaces.e. For each additional 50,000 over 60,000: 1 space.
(2) For each office building, hospital or similar institutions, places of public assembly, or
similar use, which has an aggregate floor area in square feet of:a. Over 5,000 but not over 10,000: 1 space.b. Over 10,000 but not over 100,000: 2 spaces.c. Over 100,000 but not over 200,000: 3 spaces.d. For each additional 100,000 over 200,000: 1 space.
(3) For any residential building or hotel building:a. Over 36 units but not more than 50 units: 1 space.b. Over 50 units but not more than 100 units: 2 spaces.
174
B.
D.
C.
c. Over 100 units but not more than 200 units: 3 spaces.d. For each additional 100 units or fraction thereof over 200 units: 1 space.
For multi-familv and commercial buildinos utilizinq enclosed structures for the storaqe and/or
parkinq of vehicles, all required loadinq spaces shall be located internallv.
For a chanqe of use in an existino buildinq, required loadino shall either be provided in
accordance with the off-street loadinq schedule above, or a detailed plan delineatinq on-
street loadinq shall be approved bv the parkino department.
For properties located within a locallv desiqnated historic district, or historic site. the historic
preservation board mav waive the requirements for off-street loadino spaces for properties
containinq a contributinq structure, provided that a detailed plan delineatinq on-street
loadinq is approved bv the parkino department.
Sec. 130-102. - Spaces not to be included as required parking spaces.
Required off-street loading spaces are not to be included as off-street parking spaces in the
computation of required off-street parking spaces.
Sec. 130-103. - Design standards.
Off-street loading design standards shall be as follows:
(1) Size and location. For the purpose of these regulations a loading space is a space
within the main building or on the same lot, logically and conveniently located for bulk
pick-ups and deliveries, scaled to delivery vehicles expected to be used but not less than
ten feet by 20 feet, and accessible to such vehicles when required off-street parking
spaces are filled.
(2) Drainage and maintenance. Off-street loading facilities shall be drained to prevent
damage to abutting property and/or public streets and alleys and surfaced with erosion-
resistant material in accordance with applicable city specifications. Off-street loading
areas shall be maintained in a clean, orderly and dust-free condition at the expense of
the owner or lessee and shall not be used for the sale, repair, dismantling, or servicing of
any vehicles, equipment, materials, or supplies.
(3) Entrances and exits. The location and design of entrances and exits shall be in
accordance with applicable traffic regulations and standards as designed for truck
loading and unloading, such entrance or exit shall be designed to provide at least one
off-street loading space. However, no such loading space shall be located in the
required front yard setback.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
175
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: December 9,2015
Second Reading: January _,2016
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+*ke+nreugh denotes removed language
T:\AGENDAV01S\September\PlANNING\Referral to Planning Board - Chapter 130 Off-Street Loading ORD.docx
176
THIS PAGE INTENTIONALLY LEFT BLANK
177
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: REFERRAL TO THE PLANNING BOARD PROPOSED ORDINANGE
AMENDING CHAPTER 142 OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY CODE PERTAINING TO MANDATORY TRAFFIC STUDIES FOR
DRB AND HPB DEVELOPMENT APPLICATIONS
ADMI NISTRATION RECOMMENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On June 10,2015, at the request of Commissioner Micky Steinberg, the City Commission referred
this item to the Land Use and Development Committee and the Neighborhoods Committee (ltem
C4H). On June 17, 2015, the Land Use Committee directed the Administration to draft an
Ordinance establishing broader requirements for the submission of traffic studies, and continued
the matter to July 29,2015.
On July 29, 2015, the Administration presented an update. Specifically, Planning staff identified
the sections of the Land Development Regulations that would be best suited for DRB and HPB
required traffic studies. However, the Transportation Department needed more time to fine{une the
specific thresholds for mandating the submission of a traffic study for these particular boards. The
Land Use Committee discussed the item further and took the following action:
1. Continued the item to a date certain of September 9,2015, in order to fully review specific
thresholds for mandating the submission of a traffic study for the DRB and HPB.
2. Recommended that the City Commission refer an Ordinance Amendment to the Planning
on September 2, 2015, in anticipation of the proposed traffic study thresholds being
reviewed by the Land Use Committee on September g, 2015.
ANALYSIS
As part of the planning process for approval of private development projects, the City Code
requires that, under certain conditions, an applicant prepare a traffic impact study for approval by
the City. ln this regard, section 1 18-6 provides specific regulations for the submission and review of
such studies. Under the current process for Planning Board applications, the applicant retains a
traffic engineering consultant who attends the pre-application meeting with City staff in order to
discuss the methodology of the traffic study, prior to submittal. The City has a peer reviewer under
Agenda ftem C4 B
Date q-e- lY178
Commission Memorandum
Referral to Planning Board - DRB & HPB Traffic Studies Ordinance
September 2, 2015 Page 2 of 2
contract to provide review of all traffic studies related to Planning Board Conditional Use
applications.
At the pre-application meeting, the traffic study methodology is discussed and developed.
Subsequent to the pre-application meeting, the applicant's traffic engineering consultant will submit
to the City the written study methodology for approval prior to initiating the production of the study.
Once a traffic study is submitted to the City as part of the Planning Board application, a copy is
sent to the peer reviewer for review and comments. Within seven (7) days after receiving the traffic
studies, city Transportation staff submits comments to the applicant. These comments are also
coordinated with the peer reviewer.
The goal is to address all traffic/transportation issues related to a development project at least 20
days prior to the Planning Board meeting. After all the traffic related issues have been addressed,
the Transportation Department submits a memorandum with recommendations to the Planning
Department. The Planning Department takes the transportation considerations into account in
making a recommendation to the Planning Board, including adding specific conditions of approval
if needed.
ln many instances development projects are required to obtain both Conditional Use approval
(from the Planning Board), as well as either Design Review Board or Historic Preservation Board
approval. ln these instances traffic impacts are addresses as part of the Planning Board application
review.
However, unlike Planning Board applications, Historic Preservation Board (HPB) and Design
Review Board (DRB) applications follow a different review process. ln general, the traffic impact
resulting from a private development project is not a consideration in HPB and DRB applications.
Thus, projects approved by the HPB and DRB are currently not required to conduct a traffic impact
study as part of the initial Board review. As part of the Building Permit review process, the City can
require that a traffic impact study be submitted. However at this point the permit plans have been
fully developed and modifications to the plans can come at great expense to the applicant.
The proposed Ordinance would modify the application requirements for both the Historic
Preservation and Design Review Boards, in order to establish certain thresholds under which
applications to these Boards would be required to submit a traffic impact study. While the level of
review would not be as intense as the current process required as part of a Planning Board
application, it would provide a sufficient level of assessment by the Transportation and Planning
Departments in order to identify any major concerns or issues with an application, which could be
addressed early in the Design Review process.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board. The threshold criteria for determining
whether a traffic study will be required is still in the process of being finalized by the Transportation
Department. The Administration expects the threshold data to be ready for the September 9, 2015
Land Use and Development Committee meeting. lf the threshold data becomes available prior to
il;1ffit
2,2015, the Administration will distribute it to the Commission as an addendum.
T:\AGENDA\2O1S\SeptembeAPLANNlNG\Referral to Planning Board - HPB & DRB Traffic Studies MEMO.docx
179
TRAFFIC STUDY REQUIREMENTS
ORDINANCE NO.
AN ORDINANCE of the Mayor and City Commission of the City of Miami Beach, Florida,
amending the Land Development Regulations of the City Code, by amending Chapter
118, "Administration and Review Procedures," Article Vl, "Design Review Procedures,"
at Section 118-253, by including application requirements for Design Review Board
applications, to include threshold requirements for the submission of traffic studies, and
by amending Chapter llS, "Administration and Review Procedures," Article X, "Historic
Preservation," Division 3, "lssuance of Certificate of Appropriateness to Dig / Certificateof Appropriateness for Demolition," at Section 118-562, by including threshold
requirements for the submission of traffic studies for Historic Preservation Board
applications; providing for Codification; Repealer; Severability; and an Effective Date.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, the City currently has in place policies and procedures as part of the
planning process for review of traffic impacts from private development projects; and
WHEREAS, although the Planning Board as part of the Conditional Use process reviews
and evaluates traffic impacts from development, currently the Design Review Board and Historic
Preservation do not generally consider the traffic impact resulting from a private development
project; and
WHEREAS, it is in the best interest of the City to consider and evaluate traffic impacts
and mitigation measures from development projects even when a Conditional Use review and
approvalfrom the Planning Board is not required; and
WHEREAS, the City desires to establish certain threshold requirements for the
submission of traffic impact studies for Design Review Board and Historic Preservation Board
applications; and
WHEREAS, the Planning Board, at its meeting dated by a vote of
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND C!ry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
follows:
That Section 118-253, "Application for design review", is hereby amended as
180
Sec. 118-253. - Application for design review.
(a) The applicant shall obtain a design review application from the planning department, which
shall be responsible for the overall coordination and administration of the design review
process. When the application is complete, the planning department shall place the
application on the agenda and prepare a recommendation to the design review board. The
planning department shall determine the date on which the application will be heard by the
board; however, the board shall consider the application and planning department
recommendation at the next available meeting date after the submission of a completed
application to the planning department.
(d) All applications involvinq demolition, new buildinq construction. alteration, rehabilitation,
renovation, restoration or anv other phvsical modification of anv buildinq, structure.
improvement. landscape feature, public interior or site in accordance with section Section
118-252 of the Miami Beach Code shall be on a form provided bv the planninq department
and shall include such information and attached exhibits as the board and the plannino
department determine are needed to allow for complete evaluation of the proposed
demolition. construction and other phvsical improvements, alterations or modifications
includinq. but not limited to. the followinq:
(1) Completed board application, affidavits & disclosures of lnterest.
(2) Written description of proposed action with details of application request.
(3) Survev (oriqinal siqned & sealed) dated less than 6 months old at the time of
application (lot area shall be provided bv survevor). identifvinq orade (lf no sidewalk.
provide a letter from Public Works, establishinq qrade), spot elevations and Elevation
Certificate.
(4) All applicable zoninq information.
(5) Complete site plan.
(6) Materials containinq detailed data as to architectural elevations and plans showino
proposed chanqes and existinq conditions to be preserved.
(7) Preliminarv plans showinq new construction in cases of demolition.
(8) All available data and historic documentation reqardinq the buildinq, site or feature. if
required.
(9) A traffic circulation analvsis and plan that details the impact of proiected traffic on the
immediate neiohborhood and how this impact is to be mitiqated shall be required in the
followinq instances:
2
a.
181
SECTION 2.That Section 1 18-562, "Application", is hereby amended as follows:
Sec. f 18-562. -Application.
(b) All applications involving demolition, new building construction, alteration, rehabilitation,
renovation, restoration or any other physical modification of any building, structure,
improvement, landscape feature, public interior or site individually designated in
accordance with sections 118-591 ,118-592 and 118-593, or located within an historic
district shall be on a form provided by the planning department and shall include such
information and attached exhibits as the board and the planning department determine
are needed to allow for complete evaluation of the proposed demolition, construction
and other physical improvements, alterations or modifications including, but not limited
to, the following:
(1) Written description of proposed action.
(2)
(3)
(4)
(5)
(6)
(7)
Survey.
Complete site plan.
Materials containing detailed data as to architectural elevations and plans
showing proposed changes and existing conditions to be preserved.
Preliminary plans showing new construction in cases of demolition.
An historic resources report, containing all available data and historic
documentation regarding the building, site or feature.
Any application which involves substantial structural alterations to or the
substantial or full demolition of any building, structure, improvement, significant
landscape feature, public interior or site individually designated in accordance
with sections '118-591 , 118-592 and 118-593, or located within an historic
district, with the exception of non substantial exterior structural repairs,
alterations and improvements (as may be more specifically defined by the
board in its by-laws and application procedures), shall be required to include a
structural evaluation and corrective action report prepared by a professional
(structural) engineer, licensed in the state as a part of the application at time of
submission. A financial analysis or feasibility study addressing the demolition
proposed shall not be required by the historic preservation board in their
evaluation. For nonsubstantial exterior structural repairs, alterations and
improvements (as may be more specifically defined by the board in its by-laws
and application procedures), a signed and sealed engineering drawing shall be
required. The structural evaluation and corrective action report shall include,
but not be limited to, the following.
The historic preservation board, for applications involving the full demolition of
any contributing building, structure or site individually designated in
accordance with sections 118-59'1 ,118-592 and 118-593, or located within an
historic district, may request the city to retain a licensed independent structural
engineer, with expertise in historic structures, to perform an independent
evaluation of the structure proposed to be demolished. The city commission, in
(8)
182
its sole discretion, may review the request and appropriate funds to cover the
costs associated with the retention of such engineer. The planning department
shall select the independent structural engineer from a qualified list it
maintains. lf it is determined by the independent structural engineer that the
building, structure or site can be retained, preserved or restored, and a
certificate of appropriateness is issued based upon such determination, then
the property owner shall reimburse the city for all costs it paid to such
engineer, and the property may be liened to assure payment. lf it is determined
by the independent structural engineer that the building, structure or site
cannot be retained, preserved or restored, then the city shall bear the
responsibility of all costs incurred by such independent structural engineer.
(9) A traffic circulation analvsis and plan that details the impact of proiected traffic on
the immediate neiqhborhood and how this impact is to be mitioated shall be
required in the followinq instances:
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
a.
4
183
ATTEST:
MAYOR
CITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+i*et++eugh denotes deleted lan g uage
M:\$CMB\CCUPDATES\Land Use and Development Committee\2o1 5\September 9, 201s\Traffic Study Req - DRAFT ORD Sept 201 5 LUDC.docx
184
THIS PAGE INTENTIONALLY LEFT BLANK
185
MIAMIBEACH
July 23,2014
October 1, 2014
December 10, 2014
January 14,2014
City of Miomi Beoch, I700 Convention Center Drive. Miomi Beoch, Florido 33 ,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members offthe City
FROM: Jimmy L. Morales, City Manager
DATE:
SUBJECT:
September 2,2015
REFERRAL TO THE PLANNINq BOARD PROPOSED ORDINANCES
AMENDING CHAPTER 114 AND CHAPTER 142 OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, AND CHAPTER 6 OF
THE CITY CODE, PERTAINING TO ALCOHOLIC BEVERAGE REGULATIONS
ADMI NISTRATION RECOMM EN DATION
Refer the proposed Ordinance Amendments to the Planning Board for consideration and
recommendation.
BACKGROUND
July 9,2014 The Land Use and Development Committee (LUDC) proposed amendments
to the City Code pertaining to allowable Accessory Uses and Neighborhood
lmpact Establishments as part of a discussion of the following items:
1. Alcoholic Beverage Establishments (Chapter 6);
2. Requirements for determining the size and square footage of
"Accessory Uses" in relation to the main permitted use; and
3. The clarification of threshold standards for Neighborhood lmpact
Establishments.
The Mayor and the City Commission referred to the LUDC (ltem C4K) for
further discussion proposed amendments to the City Code pertaining to the
items listed above.
The LUDC discussed the proposed amendments and continued the item in
order for staff to further refine the legislation.
The LUDC recommended that the Mayor and City Commission refer the
subject Ordinance Amendments to the Planning Board.
The Mayor and the City Commission referred to the Planning Board (ltem
C4H) the proposed amendments to the City Code.
Agenda ltem C?C
Oate ?-2-tf186
Commission Memorandum
Referral to Planning Board - Alcohol Regulation Ordinances
September 2, 2015 Page 2 of 4
February 24, 2014 The Planning Board heard the proposed ordinances and continued the items
to the March 24th meeting.
March 24, 2014 The subject Ordinances were updated to reflect the changes recommended
by the Planning Board at the February 24, 2015 Planning Board meeting.
The Planning Board continued the items to the May 26th meeting.
May 26, 2014 The Planning Board continued the items to the July 28, 2015' meeting.
July 8, 2015 At the request of the Mayor and the City Commission, the subject ordinances
were removed from the Planning Board agenda and re-referred to the Land
Use and Development Committee for discussion.
The current sponsor of the proposed Ordinances is Commissioner Joy Malakoff.
On July 29, 2015, the Land Use Committee discussed the item and considered two (2) revised
versions:
"Option A": Clarifies and adds definitions in Chapter 114, consolidates the code language
pertaining to alcoholic beverage establishments into Chapter 6, clarifies language used in
Chapters 6 and 142 in regards to accessory uses and Neighborhood lmpact Establishment
thresholds, updates the code to align it with current State statues and adds new
neighborhood com patibility requirements.
"Option B': New language pertaining to hours of operation for alcoholic beverage
establishment South of Fifth Street.
After discussing the item, the Land Use Committee recommended that Option "B" be removed from
consideration and that Option "A", as slightly modified, be referred to the Planning Board.
ANALYSIS
Below is a summary of the proposed changes within the attached Ordinances separated by
Chapters:
Chapter 6, Alcoholic Beverages.
1. Consolidating all alcoholic beverage regulations into one chapter, instead of having
alcoholic beverage regulations scattered throughout the zoning code;
2. Updating language so that it coordinates with current State Statute and does not contradict
current state statutes regarding alcoholic beverage regulations, minimum distance
separations from schools, minimum hotel rooms, and language changes such as the term
Business Tax Receipt instead of occupational license;
3. Regulating the hours of sales of alcohol for off-premises package sales and consumption
for restaurants to the same hours as other retail package sales establishments;
4. Adding neighborhood compatibility requirements for all alcoholic beverage establishments,
instead of only having extra requirements for projects that go before a land use board;
5. Defining terms used in Chapter 6 that help interpreting existing and proposed provisions of
the code; and
6. Allowing supermarkets to have wine tastings without restricting the age to 21 years old for
the entire premises.
187
Commission Memorandum
Referral to Planning Board - Alcohol Regulation Qrdinances
September 2, 201 5 Page 3 of 4
Chapter 1 1 4, Definitions.
1. Adding an "interpretation of terms or words section";
2. Clarifying the definition of apartment-hotels that are allowable in some residential zoning
districts;
3. Defining terms used in the existing code and the changes proposed in Chapter 6 and
Chapter 142 above;
Removing dated terminology not used in the code any longer;
Defining types of uses that are frequently used during the Certificate of Use (CU) process
when an establishment is receiving a Business Tax Receipt (BTR) and aligning the terms
used in the process with the terms used in the code, such as retail, hall for hire, personal
service uses, food service establishments, offices, and medical offices, etc;
Defining words that are often used in final orders when an establishment is receiving a
CUP, but that are not otherurise used in the code, to give direction to staff when enforcing
the provisions of the final orders;
Clarifying that disc jockey (DJ) falls under the definition of entertainment; and
Defining hall for hire, place of assembly, and supper club.
Chapter 142, Zoning Districts and Regulations.
1. Adding when applicable alcoholic beverage establishment uses into the use sections for the
individual zoning districts, instead of having a list in a separate section in Article V
Specialized Use Regulations, Division 4, Alcoholic Beverages;
Making off-premises package sales a prohibited use in residential zoning districts that allow
retail accessory uses (RM-2 an RM-3 zoning districts);
Using the term "entertainment establishment" whenever the term "dance hall" is used,
because in practice there cannot be a dance hall without entertainment. The reasoning
behind retaining dance hall is because the term entertainment was added at a later date
and there are past variances that would be effected. lt appears to be an oversight that the
term entertainment establishment was not added to the code in every place that mentioned
dance hall previously, such as the CD-3 zoning district on Lincoln Road;
Removing references to hours, location and size restrictions for alcoholic beverage
establishments from the zoning districts, as they were added in Chapter 6.
Adding a defined threshold for accessory uses based on a percentage of the floor area of
the main use, instead of having a more subjective determination left to the discretion of the
Planning Director. This largely impacts residential districts that allow hotels, but do not
allow stand-alone restaurant and bars, by setting definable standards that regulate the size
of accessory restaurant and bar uses;
6. Making outdoor, unenclosed or uncovered accessory uses a Conditional Use in RM-2
zoning districts;
Defining the type of accessory uses allowed in hotels and residential buildings in residential
districts, instead of having the determination of what is "customary" left to the discretion of
the Planning Director;
Changing the thresholds for neighborhood impact establishments to a clear and definable
square footage threshold established on the objective standard of overall size of the
establishment, instead of the occupant content. The current use of occupant contents as a
threshold can easily be manipulated by removing furniture, mislabeling areas on floor plans,
or excluding outdoor areas. The use of a square footage value will also cut down on last
minute struggles to fill space with planters and large furniture, when the occupant content
issued by the Fire Department is over what the original projections of the design
professional's drawings that were provided to the Planning Department;
Clarifying the criteria to be used when there are multiple neighborhood impact
establishments, alcoholic beverage establishments and/or entertainment establishments on
6.
4.
5.
7.
8.
2.
3.
4.
5.
7.
8.
9.
188
Commission Memorandum
Referral to Planning Board - Alcohol Regulation Ordinances
September 2, 2015 Page 4 of 4
one property or building site;
10. Creating a waiver for NIE's in the Convention Center zoning district (CCC) to mirror the
language in Government Use (GU) districts;
11.Adding language that gives clear direction as to when an NlE, outdoor entertainment
establishment, open air entertainment, and after-hours dance hall have lost their non-
conforming status.
A draft of the proposed changes and new definitions for Chapter 6, Chapter 114, and Chapter 142
are attached. ln each Ordinance, a modified applicability provision is also recommended.
Specifically, these Ordinances would not apply to an application filed for Land Use Board Approval
with the Planning Department on or before September 30,2015, or that date in which the Planning
Board transmits the Ordinances to the City Commission.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
ffi.ffi#
rdinance Amendments to the Plannins Board.
T:\AGENDA\201S\SeptembeAPLANNlNG\Refenal to Planning Board - Alcohol Regulations MEMO.docx
189
CHAPTER 114 _ DEFINITIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART B. LAND DEVELOPMENT
REGULATIONS, CHAPTER 114 "GENERAL PROVISIONS" , AMENDING
SEGTION 114.1, DEFINITIONS, BY MOD!FYING AND ADDING DEFINITIONS
TO CLARIFY ALCOHOLIG BEVERAGE AND USE REQUIREMENTS OF THE
CODE OF THE CITY OF MIAMI BEACH, PROVIDING FOR REPEALER;
SEVERABILITY; CODIFIGATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 114 of the City Code, entitled "General Provisions," provides
definitions; and
WHEREAS, to ensure that the all the definitions are clear and concise and are located in
one area of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. Chapter 114, entitled "General Provisions" is amended, as follows:
Sec. { 14-1. Definitions.(a). lnterpretation of terms or words.
For the purpose of this chapter, certain terms or words used in this chapter shall be interpreted
as follows:
i. The word "shall" is alwavs mandatorv and the word "mav" is permissive.
ii. The words "used" or "occupied" include the words intended, desioned or
arranoed to be used or occupied.
iii. The sinqular number includes the plural and the plural the sinqular, unless the
context clearlv indicates the contrarv"
iv. Words and terms not defined herein shall be interpreted in accord with their
normal dictionarv meanino and customarv usaqe.
QL The following words, terms and phrases when used in this Subpart B or Chapter 6 of
Subpart A, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning: * * *
Apartment hotel means a building containing both apartment units and hotel units, with
at least 25% beinq apartment units, @isien; and having an inner lobby
through which all tenants must pass to gain access. Apartment Hotel uses mav contain suite
hotel units.
190
Barmeansanalcoholicbeverageestablishmentwhichi#
derives a minimum of 5'1 percent of qross
revenue from the sale alcoholic beveraqes.
Boffle c/ub means a commercial establishment, operated for a profit, whether or not a
profit is actuallv made, wherein patrons consume alcoholic beveraqes brouqht onto the
premises and not sold or supplied to the patrons bv the establishment. whether the patrons
brinq in and maintain custodv of their own alcoholic beveraqes or surrender custodv to the
establishment for dispensino on the premises.
Busrness tax means the fees charoed and the method bv which the Citv qrants the
privileqe of enqaoinq in or manaqinq anv business, profession, or occupation within the Citv's
iurisdiction (formerlv known as an occupational license).
Certificateofuse(CU)meansadocumentissuedbythe
eeAe-eemplianee City allowing the use of a building and certifying that the use is in compliance
with all applicable City codes, regulations and ordinances.
Disc Jockey /abbreviafed D.J., DJ or deeiay) means a person who plavs recorded music
for an audience.
reeerded, amplified er nenamplified perbrmanee; (exeepting televisien; radie and/er reeerded
i
heurs between the heurs el5:00 a,m, and 10:00 a,m,; exeept as Brevided fer under subseetien
c+€'xu),
Enferfainmenf esfab/ishmenf means a commercial establishment includino, but not
limited to. restaurants, bars, halls for hire, bottle clubs, supper clubs. and alcoholic beveraqe
establishments that include live entertainment, disc iockev, patron dancino, and/or recorded
entertainment. Entertainment does not include television, radio and/or recorded background
music, plaved at a volume that does not interfere with normal conversation, and indoor movie
theater operations. Enterlainment establishments mav not operate between the hours of 5:00
a.m. and 10:00 a.m.. except as provided for under subsection 6-3(3)(b).
Food seryrce esfab/rshment includes but is not limited to anv restaurant, bakerv, bar.
bistro, caf6. coffee shop, cafeteria, delicatessen, ice cream parlor, lounqe, niohtclub, pub.
tavern, private, public, or nonprofit orqanization or institution routinelv servinq food. catering
kitchen, commissarv or similar place in which food or drink is prepared for sale or for service on
the premises or elsewhere, and anv other eating or drinkinq establishment or operation where
food is served or provided for the public with or without charqe.
191
Full cookinq facilities. residential and suite hotels shall mean having burners. ovens and
refriqeration units. Cookino facilities in units of less than 550 square feet shall be limited to one
microwave oven and one five-cubic-foot refrioerator except historic district suites hotels or
apartments may have full cookinq facilities in units with a minimum of 400 square feet.
Ful/ krtchen facflffies. commercral shall mean havino commercial orade burners, ovens
and refriqeration units of sufficient size and quantitv to accommodate the occupancv content of
the establishment. Full kitchens must contain orease trao interceptors. and meet all applicable
Citv. countv and state codes.
Hal/ for hire means an establishment which rents space. and mav provide tables, chairs,
caterinq, decor, sound svstems, or other services in order to hold or host a private event.
Live enferfarnmenf shall mean and include all shows, live music, qames of sport and
performances of anv kind but shall not include adult entertainment.
Loadlno, off-sfreef means a loadinq space located on private propertv outside of anv
street right-of-wav or easement and desiqned to accommodate the temporarv parkinq of
vehicles used for bulk pickups and deliveries.
OeesBaflenal roense me
pursuant te ehapte
Orfice, buslness or professional means an establishment offerinq services or knowledqe
to the business communitv or to individuals, but excludinq a medical office. Such activities
would include but are not limited to accountino. brokeraqe, insurance, advertisinq, emplovment
services, real estate services, lawver and architect.
Office, medical means a licensed establishment offerinq medical services and
knowledqe to the communitv or individuals. Such activities mav include but shall not be limited
to phvsician, dentist, psvchologist, chiropractor, mental health therapist and phvsical therapists.
Operafor means the person who conducts, manaqes, maintains or controls, either
directlv or indirectlv, anv business or commercial establishment.
Pafron dancrno shall mean dancino bv patrons or ouests of an establishment or
business.
Personal servrce use means an establishment that provides services such as
barbershops, beautv salons, tailor, shoe repair shops, drv cleaninq. banks and financial service
institutions.
P/ace of Assemb/y means an establishment that mav have fixed seatinq, that is not used
for retail sales and service, restaurant, office or hotel, and mav include a "hall for hire" use
whether for a private event or a public event.
192
Recorded enferfarnmenf means recorded music or recorded vocal entertainment or both,
amplified or non-amplified, but shall not include adult entertainment.
ere++nepremrses-
Resfauranf, Cafeferia means a food service establishment characterized tvpicallv bv the
selection of prepared food items bv customers as thev move in a line in front of the individual
food items or selected from an open self-serve area. An individual menu is not normallv
provided and food items are tvpicallv placed on the customer's plate or packaqed bv restaurant
emplovees or the customer. The food items are transported to adioininq tables bv the
customer.
Resfauranf, sfandard means a food service establishment whose principal business is
the sale of foods and beveraqes to the customer in a readv-to-consume state. and where
customers are normallv orovided with an individual menu, are served their food or beveraqes on
nondisposable service ware bv a restaurant emplovee at a table or counter for consumption.
Resfauranf, fake-ouf means a food service establishment whose principal business is
the sale of foods and beveraoes to the customer in a readv-to-consume state for carrv-out with
consumption off the premises, and which has all of the followinq characteristics:
(a) Food items are served primarilv in paper, plastic or other disposable containers.
(b) The restaurant provides rapid customer service bv preparinq the menu items in
advance of the customer's order or bv havino the items in a readv-to-assemble condition.
Refa/ estab/ishmenf means anv store, merchant or organization sellinq merchandise to
the qeneral public.
Schoo/ means a facilitv providinq a curriculum of elementarv and secondary academic
instruction. includinq kinderqartens. elementarv schools. iunior hioh schools, hiqh schools and
comparable private schools.
issiv+
Supoer c/ub means a standard restaurant havinq a minimum enclosed
dininq/entertainment area of 4,000 square feet and providino entertainment. but not adult
entertainment. The dinino/entertainment area shall be composed of restaurant tables and
seatino and an entertainment staqe area and/or dance floor. The dinino area must occupv a
minimum of fiftv (50) percent of the oross floor area of the establishment. A supper club must
provide full and continual food service throuqhout the periods of its operation. No more than
twentv (20) percent of the seatinq area, mav be removed to accommodate special
performances.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
193
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before September 30, 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:_,2015
Second Reading:_, 2016
Verified by
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rike$+eugh denotes removed language
T:\AGENDAVOl S\SeptembeAPLANNINc\Referral to Planning Board - Alcohol Regulations Ch 1 14 ORD.docx
194
CHAPTER 142_ ZONING DISTRICTS AND ALCOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZON'NG DISTRICTS
AND REGULATIONS;" ARTICLE ll, "DISTRICT REGULATIONS", DIVISION 3,..RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "CD.l
COMMERCIAL, LOW INTENSITY DISTRICT'' DIVISION 5, "CD-2
coMMERCIAL, MEDIUM tNTENS|W DISTRICT" DtVtStON 6, "cD-3
GOMMERCIAL, HIGH INTENSITY DISTRICT'' DIVISION 7, "CCC CIVIG AND
CONVENTION CENTER DISTRICT" DIVISION 8, "GC GOLF COURSE
DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10,
"HD HOSPTTAL D|STRIGT" DIV|SION 11, "t-1 LIGHT INDUSTRIAL DISTRICT"
DIVISION 12, "MR MARINE RECREATION DISTRICT;" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRIGT;" DIVISION 16, "WD-1
WATERWAY DISTRICT" DIVISION 17, "WD.2 WATERWAY DISTRICT"
DIVISION 18, "PS PERFORMANCE STANDARD DISTRIGT" DIVISION 20,..TC NORTH BEACH TOWN CENTER DISTRIGTS" TO MODIFY, CLARIFY
AND EXPAND MAIN PERMITTED, CONDITIONAL,AND PROHIBITED USES
RELATED TO ALCOHOLIC BEVERAGES; BY AMENDING ARTICLE V,..SPECIALIZED USE REGULATIONS" BY DELETING DIVISION 4,.,ALCOHOLIG BEVERAGES," BY AMENDING DIVISION 6,.,ENTERTAINMENT ESTABLISHMENTS" TO MODIFY AND CLARIFY
REGULATIONS RELATING TO ALCOHOL BEVERAGES; BY AMENDING
THE NEIGHBORHOOD IMPACT ESTABLISHMENT THRESHOLD
REQUIREMENTS AND CREATING NEW DEFINITIONS; PROVIDING FOR
REPEALER; SEVERABILITY; GODIFIGATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 6 of the City Code entitled "Alcoholic Beverages", which regulates
the hours of operation of and size of such establishments; and
WHEREAS, Chapter 142 shall be amended to ensure that each districts lists whether
alcoholic beverage establishments are permitted, not permitted or conditional uses; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear,
concise and in one location of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION f . That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 3. . RESIDENTIAL MULTIFAMILY DISTRICTS
1
195
Subdivision lV. - RM-2 Residential Multifamily, Medium lntensity
Sec.142-212. - Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-
family detached dwellings; townhomes; apartments; apartment-hotels; hotels; except that in the
"West Avenue Corridor", defined in this Subdivision as that area bordered by Collins Canal to
the north, Alton Road to the east, Biscayne Bay to the West and 6th Street to the south,
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational
license prior to May 28, 2013, or are approved by the Design Review Board pursuant to a
complete application filed and pending prior to May 28, 2013, in which event they shall be
considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in
this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and
modifications to, permitted, conditional and /or accessory uses permitted in the zoning category
as of May 28, 2013, and apply for building permits to add, improve and/or expand existing
structures, or construct new structures for permitted, conditional and/or accessory uses
permitted in the zoning category, if FAR remains available, and offices that are incidental and
customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1,200
feet from the RM-3 hotel property. For purposes of this section, the distance between the RM-3
hotel property and the RM-2 office property shall be measured by following a straight line
between the properties' boundaries; further that office property shall be governed by a restrictive
covenant approved as to form by the City Attorney, recorded in the public records, stipulating
that the office use may only remain as long as the hotel use continues.
Sec.142-214. - Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article lV, division 2 of this chapter and u€es-+ha+-se#e alcoholic beverages-eglab[ghmenls
Pursuant to the
requlations set forth in Chapter 6. RM-2 properties within the Palm View, or West Avenue
corridors may not have accessory outdoor entertainment establishments. Notwithstanding the
foregoing, a property that had a legal conforming use as of May 28,2013, shall have the right to
apply for and receive special event permits that contain entertainment uses.
Sec.142-215. - Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory
outdoor entertainment establishment, accessory open air entertainment establishment, as set
forth in article V, division 6 of this chapter; off-premise packaoe sales of alcoholic beveraqes,
and accessory outdoor bar counter; and for properties located within the Palm View, and West
Avenue corridors, hotels and apartment-hotels, except to the extent preempted by F.S. $
509.032(7), and unless they are a legal conforming use. Properties that voluntarily cease to
196
operate as a hotel for a consecutive three-year period shall not be permitted to later resume
such hotel operation. Without limitation, (a) involuntary hotel closures due to casualty, or (b)
cessation of hotel use of individual units of a eenCe-hotel, shall not be deemed to be ceasing
hotel operations pursuant to the preceding sentence.
***
Subdivision V. - RM-3 Residentia! Multifamily, High lntensity
$ec. 142-242. - Main permitted uses.
The main permitted uses in the RM-3 residential multifamily, high intensity district are single-
family detached dwelling; townhomes; apartments; apartment-hotels; and hotels, except that in
the "West Avenue Corridor," defined in this Subdivision as that area bordered by Collins Canal
to the north, Alton Road to the east, Biscayne Bay to the West and 6th Street to the south,
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational
license prior to May 28, 2013, or are approved by the Design Review Board pursuant to a
complete application filed and pending prior to May 28, 2013, in which event they shall be
considered a "Legal Conforming Use." A property that has a "Legal Conforming Use" as used in
this Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and
modifications to, permitted, conditional and accessory uses permitted in the zoning category as
of May 28, 2013, and apply for building permits to add, improve and/or expand existing
structures, or construct new structures for permitted, conditional and/or accessory uses
permitted in the zoning category, if FAR remains available.
$ec.142-244. - Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
(2) t+ses+ha++ewea Alcoholic beverages establishments rs
pursuant to the requlations set forth in Chapter 6.
(3) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. pr€vided
that the aeeessery eutdeer bar eeunter is net eperated er utilized between midnight and 8:00a+;+eweve++er @ a property with an
p,m=-anA+S0+"+
(+
let width (59 feet minimum) frem any preperty line adjaeent te a preperty with an apartment unit
197
IO RM-3 properties within the "West Avenue Corridor" may not have accessory outdoor
entertainment establishments. Notwithstanding the foregoing, a property that had a Legal
Conforming Use as of May 28,2013, shall have the right to apply for and receive special event
permits that contain entertainment uses.
Sec.142-245. - Prohibited uses.
The prohibited uses in the RM-3 residential multifamily, high intensity district is are off-premise
packaqe sales of alcoholic beveraoes and accessory outdoor bar counterg, except as provided
in Section 142-244.# -and{Eor properties located within the West Avenue Corridor, hotels
and apartment-hotels, except to the extent preempted by Florida._S,latutes S 509.032(7), and
unless a legal conforming use. Properties that voluntarily cease to operate as a hotel for a
consecutive three-year period shall not be permitted to later resume such hotel operation.
Without limitation, (a) involuntary hotel closures due to casualty, or (b) cessation of hotel use of
individual units of a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to
the preceding sentence.
DIVISION 4, . CD.l COMMERCIAL, LOW INTENSITY DISTRICT
Sec. 142-272, - Main permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to s$ection 142-1401); religious institutions with an
occupancy of 199 persons or less, and uses{ha*-serye alcoholic beverages establishments as
listed in artiele V, divisien I ef this ehapter' pertaining te aleehelie beverage+ .'ursuant to the
requlations set forth in Chapter 6.
DIVISION 5. CD.2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
Sec. 142-302. - Main permitted uses.
The main permitted uses in 'the CD-2 commercial, medium intensity district are commercial
uses; apartments; apartmenVhotels; hotels; religious institutions with an occupancy of 199
persons or less and uses-tha$sen*e alcoholic beverages establishments @
divisien I ef this ehapter; pertaining te aleehelie beverages (aleehelie beverages) pursuant to
the requlations set forth in Chapter 6.
Sec. 142-303. - Conditional uses.
(a) The conditional uses in the CD-2 commercial, medium intensity district include the following:
(1) Adult congregate living facilities;
(2) Funeral homes;
(3) Nursing homes;
(4) Religious institutions;
(5) Pawnshops;
(6) Video game arcades;
(7) Public and private institutions;
(8) Schools;
(9) Any use selling gasoline;
(10) New construction of structures 50,000 square feet and over (even when divided by a
district boundary line), which review shall be the first step in the process before the
review by any of the other land development boards;
(1 1) Outdoor entertainment establishments;
198
(1 2) Neighborhood impact establishments;
(13) Open air entertainment establishments;
(14) Storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See Section 142-1103.
(b) Sunsef Harbour Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial, medium intensity district in the Sunset Harbour neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard shall also
include the following:
(1) Main use parking garages;
(2) Restaurants with alcoholic beverage licenses ( Aleehelie beverage establishments) with
more than 100 seats or an occupancy content (as determined by the Fire Marshall) in
excess of 125, but less than 199 persons and a floor area in excess of 3,500 square
feet.
(c) North Beach Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial, medium intensity district in the North Beach neighborhood (located
north of 65th Street), shall also include the following.
(1) Alcoholic beverage establishments (not also operating as a full restaurant with a full
kitchen, serving full meals);
(2) Dance halls;
(3) Entertainment establishments.
Sec. 142-304. -Accessory uses.
The accessory uses in the CD-2 commercial, medium intensity district are as required in article
lV, division 2 of this chapter; and accessory outdoor bar counters, pursuant to the requlations
set forth in Chapter 6. previded that the aeeessery eutdeer bar eeunter is net eperated er
utilized between midnight and 8:00 a,m,; hewever; fer ^ ^'^^^*" an aeeessery eutdeer bar
eeunter whieh is adjaeent te a preperty with an apartment unit; ; the aeeessery eutdeer bar
eeunter may net be eperated er utilized between 8,00 p,rn' and 8:00 a'm,
Sec. 142-305. - Prohibited uses.
The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor
bar counters, except as provided in this divisien Article lV. Division 2 of this chapter and in
Chapter 6. Except as otheruvise provided in these land development regulations, prohibited
uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include
alcoholic beveraqe establishments (not also operatinq as a full restaurant with a full kitchen.
servino full meals): dance halls. entertainment establishments: outdoor entertainment
establishment; neighborhood impact establishment; and open air entertainment establishment.
199
DIVISION 6. - CD.3 COMMERCIAL, HIGH INTENSITY DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartmenVhotels; hotels, alcoholic beveraoe establishments pursuant to the
requlations set forth in Chapter 6, and religious institutions with occupancy of 199 persons or
less. Oceanfront properties in the architectural district shall not be permitted to have new retail
and/or office areas totaling more than 250 square feet unless the building is rehabilitated
according to the South Florida Building Code, the city property maintenance standards, and fire
prevention and safety codes and if it is a historic structure the U.S. Secretary of the lnterior
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. Offices are
prohibited on the ground floor on that portion of Lincoln Road which is closed to tratfic, unless
the office area is located in a mezzanine, or at least 75 feet back from the storefront; also
apartments, apartment/hotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls and entertainment establishments (as defined in section 114-
1 of this Code) not also operating as restaurants with full kitchens and serving full meals and
licensed as alcoholic beverage establishments are prohibited on properties having a lot line
adjoining Lincoln Road, from the Atlantic Ocean to Biscayne Bay, unless the dance hall and
entertainment establishment is located within a hotel with a minimum of 100 hotel units.
Sec. 142-334. - Accessory uses.
The accessory uses in the CD-3 commercial, high intensity district are as follows:
(1) Those uses permitted in Article lV, Division 2 of this chapter.
(2) Accessory outdoor bar counters, pursuant to the requlations set forth in Chapter 6. previCed
that the aeeessery eutdeer bar eeunter i+net eperated er utilized between midnight and 8:00
@
Sec. 142-335. - Prohibited uses.
The prohibited uses in the CD-3 commercial, high intensity district are pawnshops; secondhand
dealers of precious metals/precious metals dealers; and accessory outdoor bar counter, except
as provided in this divisien Article lV, Division 2 of this chapter and in Chapter 6.
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT
Sec. {42-362. - Main permitted uses.
The main permitted uses in the CCC civic and convention center district are parking lots,
garages, performing arts and cultural facilities; hotel; alcoholic beveraqe establishments
6
200
pursuant to the requlations set forth in Chapter 6. merchandise mart; commercial or office
development; landscape open space; parks. Any use not listed above shall only be approved
after the City Commission holds a public hearing. See section 142-367 for public notice
requirements.
Sec. 142-363. - Conditional uses.
Conditional use approval for a neiohborhood impact establishment mav be waived bv the Citv
Commission, othenrvise Tthere are no conditional uses in the CCC, Civic and Convention Center
District
DIVISION 8. . GC GOLF COURSE DISTRIGT
Sec. 142-394. -Accessory uses.
The accessory uses in the GC golf course district are as required in article lV, division 2 of this
chapter and the sale or distribution of alcoholic beveraqes pursuant to the requlations set forth
in Chapter 6.
DIVISION 9. . GU GOVERNMENT USE DISTRICT
$ec.142-422. - Main permitted uses.
The main permitted uses in the GU-Government Use District, are government buildings and
uses, including but not limited to parking lots and garages; parks and associated parking;
schools; performing arts and cultural facilities; alcoholic beveraqe establishments pursuant to
the requlations set forth in Chapter 6, monuments and memorials. Any use not listed above
shall only be approved after the city commission holds a public hearing. See subsection 142-
425(e) for public notice requirements.
DIVISION 10.. HD HOSPITAL DISTRICT
Sec.142-452. - Permitted uses.
ln the HD, Hospital District, no land, water or structure may be used, in whole or in part, exceptforoneormoreofthefollowingpermitteduses.ise
iens
feund in artiele V; divisien I ef this ehapter The sale of alcohol within the HD shall be requlated
pursuant to the requirements of Chapter 6.
DIVISION 11.1.1 LIGHT INDUSTRIAL DISTRICT
Sec.142-482. - Main permitted uses.
The main permitted uses in the l-1, Urban Light lndustrial District. are those uses that are
consistent with the district purpose including the following.
13) Commercial uses that provide support services to the light industrial uses and to
the adjacent RM-3 residents, including but not limited to retail sales, photocopying,
coffee shop, s+and€+d restaurant, alcoholic beveraoe establishments pursuant to the
reoulations set fo(h in Chapter 6 , video rental, bank;
201
DIVISION 12. - MR MARINE RECREATION DISTRICT
Sec. 142-514. -Accessory uses.
The accessory uses in the MR, Marine Recreation District are as required in article lV, division
2 of this chapter. Accessory uses in this district shall be any use that is customarily associated
with a main permitted use; includinq but not limited to-and alcoholic beveraqe establishments
pursuant to the reoulations set forth in Chapter 6.
DIVISION 13. - MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142-543. - Accessory uses.
The accessory uses in the MXE. Mixed Use Entertainment District, are as follows.
fl) Those uses permitted in Article lV, Division 2 of this chapter.
@
(!) Uses that serve alcoholic beverages are also subject to the regulations e+a*ie+e+;-divisien
(Q Accessory outdoor bar counters, pursuant to the reoulations set forth in Chapter 6.
previded that the aeeessery eutdeer bar eeunter is net eperated er utilized between midnight
is
(3) Oeeanfrent hetels with at least 100 hetel units may eperate and utilize an aeeessery eutdeer
ef this seetien; previded the aeeessery eutdeer bar eeunter is leeated in the rear yard and set
Sec. 142-546. - Additional restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Collins Avenue.
ln the MXE* Mixed Use Entertainment District. permitted uses in existing buildings at the time of
adoption of this section with two stories or less fronting on Ocean Drive or Ocean Terrace and
any building fronting on Collins Avenue from Sixth Street to 16th Street shall comply with the
following:
(2) Su€h-Ihe_buildings may contain offices ,
retail,
establishments and residential uses or any combination thereof. Medical and dental
office shall be prohibited uses in the MXE districts. Commercial uses located above
the ground floor shall only have access from the interior of the building; no exterior
access shall be permitted, unless a variance from this requirement is granted.
DIVISION ,I6. - WD-l WATERWAY DISTRICT
8
202
Sec. 142-634. - Accessory uses.
The accessory uses in the WD-1, Watenruay District are as required by Article lV, Division 2 of
this Chapter and as delineated i
DIVISION 17. . WD.zWATERWAY DISTRICT
Sec. 142-664. -Accessory uses.
The accessory uses in the WD-2. Watenrvay District, are as required in Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
Sec. 142-593. Permitted uses.
(a) The following uses are permitted in the performance standard districts:
I Use
ategory
ngle-family;
partment;
partmenVhotel
utdoor bar counters
re permitted in
least 100 hotel units
n the R-PS4 district"
9
203
#h+€his-ad1a€en{
.^ ^ ^,^^^,+., ...i+L
ln-apa#men+
rn+ffi
r€€essofy
rutdeer-loa+
;eun+e++ay-n+
ae+pera+eg€r
rtifizeC-be+ween
+gg+,m,and
*€O-a-m=
Jutdoor
:ntertainment
:stablishments
and open air
:ntertainment
:stablishments
!
\eighborhood
mpact
:stablishments
!!
lowever, in the R-PS4
listrict, this use is
rermitted, as an
rccessory use in
rceanfront hotels with
250 or more hotel
rnits, as a conditional
rse. Access to the
lstablishment shall be
>nly from the interior
obby of the hotel and
rot from the street.
\ccessory )*)*)*
The following uses are permitted in the performance standard district:
P-Main permitted use C-Conditional use N-Not permitted
* - Accessory use only
Floor area in the RM-PS1 district refers to total floor area in project. Commercial
uses in RM-PS1 are limited to stores and restaurants.
(i) Notwithstanding the uses permitted in (a) and (d) above, in all districts except GU,
government use district, no alcoholic beverage establishment, or restaurant, may be
licensed or operated as a main permitted, conditional, or accessory use in any open
area above the ground floor (any area that is not included in the FAR calculations)
located south of 5th Street. Except that:
10
204
(1) Outdoor restaurant seating, not exceeding 40 seats, associated with indoor venues
may be permitted in the areas described in this subsection (i) before 8:00 p.m. with
no background music (amplified or nonamplified).
(2)
No commercial activity may be permitted on areas as described in this subsection (i)
between the hours of 8:00 p.m. and 10:00 a.m.
(3)
Nothing herein shall prohibit residents of a multifamily (apartment or condominium)
building, or hotel guests and their invitees to use these areas as described in this
subsection (i), which may include a pool or other recreational amenities, for their
individual, personal use.
Variances from this subsection (i) shall not be permitted. Special events shall not be
permitted in the areas described in this subsection (i).
() ln districts that allow commercial and hotel uses above. alcoholic beveraoe establishments
are permitted pursuant to the requlations set forth in Chapter 6, but not in contravention of
section (i) herein.
DIVISION 20. - TC NORTH BEACH TOWN CENTER DISTRICTS
Sec. 142-736. - Main permitted uses, conditional uses, accessory uses, and prohibited
uses.(a) Land uses in the TC-1, Town Center Core District shall be regulated as follows:
(1) The main permitted uses in the TC-1 District are commercial uses; alcoholic
beveraqe establishments pursuant to requirements in Chapter 6; apartments;
apartments/hotels; hotels. The ground story frontage along 71st Street and Collins
Avenue shall be governed by subsection 142-737(c). The previsiens ef subseetien ^
(3) The accessory uses in the TC-1 District are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraqe establishments and accessorv outdoor
bar counters pursuant to the requlations set forth in Chapter 6: @
W
(4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic
beverage establishments located in any open area above the ground floor (any area
that is not included in the FAR calculations), except as provided in this Division.
venues may be permitted in any epen area abeve the greund fleer until 8:00 p,m, with
11
205
(c) Land uses in the TC-3 Town Center Residential Office District shall be regulated as
follows:
The Conditional Uses in the TC-3 District are hotel, adult congregate living facility;
day care facility; nursing home; religious institutions; private and public institutions;
schools; and commercial or noncommercial parking lots and garages (with
accessory commercial uses) in accord with subsection 130-68(9).
a. ln areas designated TC-3(c) on the zoning map, the following uses may be
permitted as Conditional Uses in addition to the uses in paragraph (2) above:
neighborhood-oriented retail and services uses, limited to 2,500 square feet or
less per establishment, located on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; arllcraft galleries; artist studios; bakery or specialty food stores; barber
shops and beauty salons; coffee shop or juice bar; dry cleaner or laundry with
off-site processing (dry cleaning receiving station); newspapers, magazines
and books; photo studio; shoe repair; tailor or dressmaker; and food service
establishments with 30 seats or less (including outdoor cafe seating) pursuant
to the requlations set forth in Chapter 6. with aleehel limited te beer and wine
@lnaddition,fullservicerestaurantsservingalcoholic
beverages pursuant to the requlations set forth in Chapter 6 er anglwith 30
seats or more may be permitted only on waterfront properties with a publicly
accessible waterfront walkway in the area located south of 71st Street.
The accessory uses in the TC-3 district are those uses customarily associated with
the district purpose, as set forth in article lV, Division 2 of this Chapter, except that
hotels may have accessory uses based upon the criteria below:
b. Hotels in the TC-3(c) district may include accessory restaurants or4ars
alcoholic beveraqe establishments pursuant to the reoulations set forth in
Chapter 6 when approved as part of the Conditional Use. Such accessory
restaurants or bars that serve alcohol shall be limited to a maximum of 1.25
seats per hotel or apartment unit for the entire site. The patron occupant load,
as determined by the planning director or designee, for all accessory
restaurants and bars that serve aleehel alcoholic beverage establishments on
the entire site shall not exceed 1.5 persons. per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
may have a maximum of 40 seats in the aggregate on the site. The number ofunitsshallbethosethatresultafteranyrenovation.@
premises and shall be limited te elesingF ne later than 12 midnight subjeet te
limitatiens established in the Cenditienal Use preeese,
DIVISION 2. - ACCESSORY USES
Sec. 142-901. - General provisions.
(2)
tgl
12
206
Accessory uses shall comply with the following general provisions:
(1) Accessory uses shall be located on the same lot as the main permitted use, except for
required parking which may be located within 1,200 feet of the property. The distance
separation shall be measured by following a straight line from the lot on which the main
permitted use is located to the lot where the parking lot or garage is located.
(2) Accessory uses shall be incidental to and customarily associated with the main
permitted use-.,in accordance w @ieq
the planning and zening direeter may require the applieant te previde evidenee that sueh
(3) Accessorv uses in residential districts shall comply with the followinq. whether covered
or uncovered:
ln the RM-1 zonino district. the floor area of individual accessorv uses. or the total
aqqreqate floor area of multiple accessorv uses. shall not occupv more than twentv
(20) percent of the floor area of the main permitted use.
ln the RM-2 zonino district, the floor area of individual accessorv uses. or the total
aqqreqate floor area of multiple accessorv uses, shall not occupv more than thirtv
(30) percent of the floor area of the main permitted use. The Plannino Board mav
allow up to thirtv-five (35) percent throuqh the conditional use process.
ln the RM-3 zoninq. the floor area of individual accessorv uses, or the total
aqqreoate floor area of multiole accessory uses, shall not occupv more than fortv
(40) percent of the floor area of the main permitted use. The Plannino Board mav
allow up to fortv-nine (49) percent throuqh the conditional use process.
Anv outdoor, unenclosed or uncovered accessory use servinq alcohol and located
in an RM-2 district shall reouire Conditional Use approval.
The percentaoes contained in this section 142-901 (3) do not include required
parkino.
(4) Off-street parking and loading spaces shall be considered as accessory uses in all
districts.
(5) A use ether than these listed in this divisien may be eensidered as an aeeessery use if it
is eustemarily asseeiated with ene ef the main permitted uses and if the planning andzeni ia,
ien-
a.
b.
c.
d.
e.
13
207
e, That the neeessary safeguards will be previded fer the preteetien ef surreunding
preperty; persens and neigl"berheed values,
@
(6) nn+eeupa+iena++ieense A business tax receipt or building permit, whichever is being
requested, shall only be approved for an accessory use if the building complies with all
of the following mandatory requirements.
a. All structures shall conform to the S€u+h Florida Building Code, the property
maintenance standards and the fire prevention and life safety code.
b. The existing building and the proposed improvements shall be built in a manner that
is substantially consistent with the design recommendations in a neighborhood plan
for the area if one exists, and if the building is a historic structure, then the U.S.
Secretary of the lnterior Standards for Rehabilitation of Historic Buildings as
amended shall be used.
c. The minimum and average floor area requirements for the units as set forth in article
ll, division 13 of this chapter shall be met.
(7) Appeal of the Planning end+entng Qirector's decision pertaining to any finding shall be
to the Board of Adjustment as provided in chapter 118, article lX, and shall be
considered as an appeal of an administrative decision.
Sec. 142-902. - Permitted accessory uses.
The following are permitted accessory uses:
(1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any
accessorv restaurants. drinkinq establishments. outdoor and sidewalk caf6s, hotel
manaqement offices. and retail uses use in accordance with the requlations herein, as
well as accessory uses customarilv associated with the operation of an apartment
buildinq, as specified in subsection 142-902(2).
in+
b. Hotels located in the RM-2 district are permitted to have any accessory
restaurants, use in accordance with the reoulations
herein. ing,
exeepf--fer--dQance halls, entertainment establishments, neighborhood impact
establishments, outdoor entertainment establishments or open air entertainment
establishments shall be prohibited in an RM-2 district.
14
208
c. Where permitted, hotels located in the RM-1 district may have accessory uses
based upon the below criteria:
1. A dining room operated solely for registered hotel visitors and their
guests, located inside the building and not visible from the street, with no exterior
signs, entrances or exits except as required by the South Florida Building Code.
2. Other accessory uses customarily associated with the operation of an
apartment building, as referenced in subsection 142-902(2), for the use of
registered hotel visitors and their guests only.
(2) Apartment buildings may have accessory uses based upon the below criteria:
e. Buildings in the RM-3 and R-PS4 districts may have.
1. Commercial, office, eating or drinking uses with access from the main
lobby or from the street if they are either located on the ground floor,
subterranean level or on the highest floor of a building.
2. A retail store and / or a caf6 with less than 30 seats mav occuov space on
the amenitv level of an apartment buildino located within a RM-3 district that is
onlv open to residents and their ouests.
3. Office space, when originally constructed on the second level of an
existing building may be retained or re-introduced. When located on the ground
floor, office space shall be at least 50 feet from the front property line.
ARTICLE V. . SPECIALIZED USE REGULATIONS
DMSIEN 4- AICEHEtIE BEVERAGES
Venders may be pennitted te sell er distribute aleehelie beverages, either fer
(1) RM 2 multiple family' medium intensity,
(4) CD 2 eemmereial' medium intensity,
ffiffi
'15
209
(1 l) R PS3 residentialmedium high density,
(16) C PS1 eemmereial limited mixed use,(17) C PSZ eemmereial general mixed use,(18) C PS3 eernmereial inteneive mixed use,(19) C PS4 eemmereial intensive phased bayside,
tee
Venders shall be permitted te sell aleehelie beverages within the zening distriets listed in '^^+i^^
t+Z tA01 if sueh dl
'ngr
(#mi$ed-rnain-ases,
upen the fellewing; when beer and wine are served a minimum ef 30 seats
@
@+ses.e, Outdeer eafes; when net visible frern er en a publie street; alley; er vrray; shall
ie
lSeSrd, Gelf elubheuse; when leeated en e gelf eeurse; the sale ef aleehelie
tSeS-
ing
have a minimum ef l0 seats shall be permitted te sell aleehelie beverages fer
ises'
pr€mises-
e, eutdeer eafes when net visible frem a publie street; alley; er way; shall have
ne minimum seating requirement and shall be permitted te sell aleehelie
ises-
16
210
d, Gelf elubheuse; when leeated en a gelf eeurse; the sale ef aleehelie
tSeS=
(3) {4eeessery gses kvhr'6h se// a/eehelio 6everages,/ Aeeessery uses whieh sell
@ien
(a) Netwithstanding any ether previsien ef this divisien; the sale ef beer fer eff premises
regulatien ef the state shall be exempt frem the regulatiens in '^^+r^^ ^ ; and seetiens
t ta tA0l and 1 12 130
than beer and ef beer fer en premises eensumptien shall be eendueted in aeeerdanee
with the previsiens ef seGtiens 1 ^ 12^1 and 1 ^ 12^^
(b) Nething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie
DIVISION 6. ENTERTAINMENT ESTABLISHMENTS AND NEIGHBORHOOD IMPACT
ESTABLISHMENTS
***
Sec. 142-1 361. Definitions.
rnterfatnn?enf means an
nenamplified' played at a velume that dees net interfere with nermal eenversatien,
Enferfarnmenf esfab/ishmenf means a commercial establishment includinq. but not limited to,
restaurants, bars, and alcoholic beveraqe establishments that include live enterlainment, disc
iockev, patron dancing, and/or recorded entedainment. Entefiainment does not include
television, radio and/or recorded backqround music. plaved at a volume that does not interfere
with normal conversation, and indoor movie theater operations.
Hours of operation of enteftainment establishments. Enteriainment establishments mav not
operate between the hours of 5:00 a.m. and 10:00 a.m.
Liye enferfarnmenf shall mean and include all shows, live music, qames of sport and
performances of anv kind but shall not include adult entertainment.
N eigh borh ood impact e stablish menf means:
(1) An alcoholic beverage establishment, place of assembly or
restaurant, not also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with an eeeupant eentent ef 300 er mere persens as
17
211
6,000 square feet or more of oross floor area
inclusive of outdoor areas associated with food and beveraqe services; or
(2) An alcoholic beverage establishment, place of assembly or
restaurant, which is also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with
3,500 square feet or more of qross floor area
inclusive of outdoor areas associated with food and beveraoe services.
(3) For purposes of this section. an alcoholic beveraqe establishment shall include
multiple establishments in one buildinq site unless both criteria (a) and (b) below are
met:
a. The alcoholic beverage establishments have separate Business Tax
Receipts.
b. The alcoholic beveraqe establishments are completelv self-contained
and do not share anv inqress or eqress points.
Pafron dancrnq shall mean dancino bv patrons or quests of an establishment or business.
Recorded enferfarnmenf means recorded music or recorded vocal entertainment or both,
amplified or non-amplified, but shall not include adult entertainment.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before September 30, 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
18
212
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:_, 2015
Second Reading:_, 2016
Verified by:
Thomas R. Mooney, AICP Planning Director
Underscore denotes new language
S+ri*e+n+eugh denotes removed language
T:\AGENDA\201S\September\PLANNING\Referral to Planning Board -Alcohol Regulations Ch 142 ORD.docx
19
213
CHAPTER 6 - ALGOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A . GENERAL
ORDINANCES, CHAPTER 6 "ALCOHOLIC BEVERAGES" OF THE CODE OF
THE CITY OF MIAMI BEACH, AMENDING SUBPART B . LAND
DEVELOPMENT REGULATIONS CHAPTER 142 ARTICLE II. . DISTRICT
REGULATIONS, DIVISION 20. . TC NORTH BEACH TOWN CENTER
DISTRICTS, ARTICLE V. . ARTICLE V. . SPECIALIZED USE REGULATIONS
DIVISION 4. ALCOHOLIC BEVERAGES TO ENSURE THAT ALL
REGULATIONS RELATING TO ALCOHOL REGULATION ARE IN ONE
LOCATION; REMOVING ALL REGULATION OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS FROM CHAPTER 142 AND PLACING THOSE
PROVISIONS lN CHAPTER 6; PROVIDING FOR DEFINITIONS; HOURS OF
OPERATION; DISTANCE SEPARATION; MINIMUM SEATS AND HOTEL
ROOMS; PROVIDING FOR NEIGHBORHOOD COMPATIBILITY CRITERIA;
PROVIDING FOR ENHANCED SEGURITY PROVISIONS FOR CERTAIN
DISTRICTS WITH ALCOHOL ESTABLISHMENT USES; PROVIDING FOR
REPEALER; SEVERABILIW; CODIFIGATION; AND AN EFFECTIVE DATE.
WHEREAS, Alcoholic Beverages are addressed in Chapters 6, entitled "Alcoholic
Beverages," and in Chapter 142 entitled "Zoning District Regulations"; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear
and concise and in one location of the code that is logical and convenient to user; and,
WHEREAS, the amendment set forth below is necessary to accomplish the
objectives identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION 1. Chapter 6, "Alcoholic Beverages" is amended, as follows:
Section 6-1. Purpose.
To achieve the purposes of this Chapter and to provide for the general welfare and safety of the
public, it is necessary that regulations be established relating to the location, size and hours of
operation, and patron age of uses that permit the sale and consumption of alcoholic beverages.
Section 6-2. Licenses.
(a) No vendor shall sell or distribute any alcoholic beverages without securing a license from
the Florida Division Of Alcoholic Beverages And Tobacco Of The Department Of Business
And Professional Regulation-ef-the+*ate ("State License"). A service charge as specified in
Appendix A shall be paid by an applicant requesting the review of an application to the state
for an el€€h€+i€+eve+age State llicense. The purpose of this charge is to defray the cost to
the City for the verifieatien ef a eerreet
preximity te plaees ef wership and/er seheels review of the requlations enumerated in herein
214
Chapter 6, ieR and any other zoning inspection
and/or review that may be applicable to the review of such an application.
(bI Gensideratien ef a request fer a private elub Cenditienal Use permit; ineluding the heurs ef
eperatien, shall be pursuant te the Cenditienal Use Preeedures and Review Guidelines as
Sec. 6-3. Hours of Sale/Violations.
(a) The hours of sale of alcoholic beverages. whether as a permitted main or accessory use,
shall require a State License, and shall be according to the following schedule, except as
may be otherwise provided pursuant to subsection (7) ($-):
(1) Retail stores for package sales only - off premises consum
. Vendors
aleehelie beverages and tebaeee fer the sale ef liquer and ether aleehelie beverages fer
eensumptien eff th in mav
make sales of alcohol onlv for off premises consumption between the hours of 8:00 a.m.
andmidnight@
(2) Retail stores, including grocery, --anC-convenience stores, and gasoline
service/filling stations, hich primarily otfer
for sale products other than alcoholic beverages may make sales of beer and wine onlv
for off oremises consumption +eaied-eentainers-between the hours of 8:00 a.m. and
midnight@.
(3) All alcoholic beveraqe establishments with state licensure lieensed-as-alooHie
-on premise consumption only, either
shall enly effer fer sale the en premises
mav make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m. en any day ef the week,
a. Restaurants with full kitchen facilities, serving full meals, Iicensed as
alcoholicbeverageestablishmentS@,butnotoperatingas
dance halls or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m.
b. Restaurants with full kitchen facilities, serving full meals, Iicensed as
alcoholicbeverageestablishments@,andalsooperatingas
dance halls, or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m., and dancing and
entertainmentshall not be conducted between the hours of 5:00 a.m. and 10:00
a.m.
c.otheralcoholicbeverageestablishments@,not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and_keep
remain closed al{€urepy No patron or other
persons, other than those employed by the vendor 4gyt-{e-remain on the
premises therei+between the hours of 5:00 a.m. and 8:00 a.m.
215
Nete: Fer purpeses ef this seetien, full kitehen faeilities shall mean having eemmereial
ies
must eentain grease trap intereepters; and meet all applieable City; eeunty and
s*ate-eede+
(4) Off-premises package sales associated with alcoholic beveraqe establishments
other than retail stores shall be permitted between the hours of 8:00 a.m. and 1-{+€g
p,m- midniqht. fer all establishments lieensed as aleehelie beverage establishments,
(5) Consideration of a request for a private club Conditional Use permit, includinq the
hours of operation. shall be pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191 et seq. tt+
er aeeessery use; shall be eensidered pursuant te subseetien 6 2(a), Hours of operation
and the consumption of alcoholic beverages will be considered between the hours of
8:00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is made only to
members and guests of members as provided under the +u+suant{e Florida Statutes.
However, any private club permitted to remain open after 2:00 a.m. shall purehese+n
extra heurs lieense and must provide for security in its premises by hiring private
security guards or off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m.
each day. Private clubs securing a State Llicense frem the state Divisien ef aleehelie
@bycomplyingwiththerequirementsofFlorida-Statute's561.20
for racquetball, tennis or golf course facilities may admit members at any time for use of
such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unless
suchprivateclubistheholderofanextra-hoursand
complies with the above requirements.
(6) Upen a finding by the speeial master that a vielatien ef this seetien has eeeurred;
the City may initiate preeeedings te reveke the Certifieate ef Use; eeeupatienal lieense er
eertifieate ef OeeuBaney ef the vielater, ln additien; this seetien may be enfereed and
vielatiens may be punished as seeend degree misdemeaners; as previded in F,S' $S
7a5.082 and775,883,
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages (i) until 7:00 a.m. on January 1 (New
Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is
observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m.
during certain major event days or weekends as may be designated by the City
Commission or as may be designated by the City Manager following approval by the City
Commission, under the following conditions.
a. The police department and the code compliance Division of the City must
be notified by a letter, received no laterthan 15 business days priorto either (a)
January 1 or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for
on-premises consumption until 7:00 a.m.;b. lf deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic beverage
establishment until 7:00 a.m.;
216
c. There are no pending City Code violations against the alcoholic beverage
establishment;d. No delinquent or past due monies are owed to the City;e. Outdoor entertainment or open-air entertainment is not allowed;f. No violation of the City's noise ordinance shall be permitted;
g. No violation of the approved fire code occupancy load shall be permitted;
h. All required City permits and licenses are current;i. The State ef Flerida aleehelie beverage lLicense is current; andj. Any other conditions required by the City Manager in order to protect the
public health, safety, or welfare.
g) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first day of
daylight savings time in the spring.
(8) Alcoholic beveraoe establishments located in the North Beach Town Center and
shall not otfer for sale the on-premises consumption of alcoholic beveraqes within the
areas and durinq the hours listed hereinafter unless a Conditional Use is obtained
pursuant to the section 1 18-191 , et seq.:
a. ln the TC-1 district, anv accessorv outdoor bar counters shall not be
operated or utilized between midnioht and 8:00 a.m.: however, accessorv
outdoor bar counters located on a propertv within 100 feet of a propertv with a
residential unit mav not be operated or utilized between 8:00 p.m. and 8:00 a.m.
However. outdoor restaurant seatino, not exceedino 40 seats. associated with
indoor venues mav be permitted in anv open area above the oround floor until
8:00 p.m. with no backoround music (amplified or nonamplified).
b. ln the TC-3 (c) district. anv alcoholic beveraoe establishment shall be
limited to beer and wine and close no later than {2 midnioht. subiect to limitations
established in the Conditional Use Process.
(9) The Citv Manaoer mav suspend the provisions of subsection (6) at anv time to
protect the public health. safetv. or welfare.
(b) ViolafionVSpecral Masfer. Upon a findino bv the special master that a violation of this
section has occurred, the Citv mav initiate proceedinos to revoke the Certificate of Use,
Business Tax Receiot. or Certificate of Occupancy of the violator. ln addition. this section
mav be enforced and violations mav be punished as second deoree misdemeanors, as
provided in Florida Statutes SS 775.082 and 775.083.
Section 6-4. Location and use restrictions.(a) Generally. The following location and use restrictions are applicable for facilities selling or
offeri ng alcohol ic beverages for consu m ption :
(1) Educational facilities. No alcoholic beverage
eensumptien establishment, includinq bottle clubs. shall be located in€-€epf,pner€ial{sq
within 3Og 500 feet of any property used as a public or private school-eperated-fer+he
217
ina'
provided. however, for the followinq exceptions:
a. Civic and Convention Center (CCC) district:
b. Hospital (HD) district, and
c. Within 300 feet of a marina.
(2) Places of worship. No alcoholic beverage shall be sold or offered for
consumption in a--eeramerei
pr€mises, in a alcoholic beveraoe establishment. includino bottle clubs. within 300 feet of
any property used as a place of worship, except in restaur
kitchens and servino full meals for consumption on the premises.
(5) Filling station. No liquor as defined bv Florida Statute $ 568.01 shall be sold or
offered for consumption on or off the premises of any filling station.
(8) Eeftle e/gbs, There shall be ne bettle elubs within 300 feet ef any preperty used
rp
(b) Determination of minimum distance separation.
(1) For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the main entrance or exit in which the
use associated with alcoholic beverages occurs to the nearest point of the property used
for a public or private school. ln cases where a minimum distance is required between
two uses associated with the alcoholic beverages for consumption on or off the premises
other than a public or private school, the minimum requirement shall be determined by
measuring a straight line between the principal means of entrance of each use.
(2) When a distance separation is required, a scaled survey drawn by a registered
land surveyor shall be submitted attesting to the separation of the uses in question. This
requirement may be waived upon the written certification by the planning ang-zen+ng
director that the minimum distance separation has been met.
(c) Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 118-351, et seq.
Sec. 6-5. Patron age restrictions.
It shall be unlaMul for persons under the age of 21 to patronize, visit, loiter, be
admitted or allowed access, in any alcoholic beverage establishment, as defined in
section 114-1 of this Code, except as hereinafter provided. This restriction shall not
apply to:
(1) Persons employed by or at the alcoholic beverage establishments;
(a)
218
(2) Persons accompanied by either of their parents (natural, adoptive, or
stepparent) or legal guardian (appointed by a court);
(3) Alcoholic beverage establishments also licensed and operating as restaurants,
containing a full kitchen of appropriate size to serve the occupancy load of the
establishment, serving full meals at all times. ln the case of hotels, supermarkets, and
other similar multiuse establishments, this restriction applies only to those areas of the
establishment operating primarily as an alcoholic beverage establishment, and not
also operating as a restaurant as.deseribed-abeve; and
(4) Alcoholic beverage establishments also licensed and operating as motion
picture theaters, subject to compliance with subsection 6-4(a)(4).
(5) Supermarkets conductino wine tastinqs upon a premises authorized to sell
beer and wine bv packaoe or for consumption on premises. provided that the conduct
of the wine tastinq shall be limited to and directed toward the qeneral public of the aoe
of leqal consumption.
Section 6-6. Minimum seats and hotel room requirements:
Vendors shall be permitted to sell alcoholic beveraqes within zonino districts if such district
permits as a permitted main use or accessory use one of the followinq: Restaurant, bar.
alcoholic beveraoe establishment. outdoor cafe. private club. hall for hire or qolf clubhouse
pursuant to the followinq standards:
(Q Permitted main uses:
a. Restaurants, alcoholic beveraoe establishments, and private clubs shall
be permitted to sell alcoholic beveraoes for consumption on the premises based
upon the followino: when beer and wine are served a minimum of 30 seats shall
be provided: and when. beer. wine and liquor are served, a minimum of 60 seats
shall be provided.
b. Outdoor cafes. when visible from or facinq a public street and associated
with (a) above. shall have a minimum of 20 seats in order to be permitted to sell
alcoholic beveraqes for consumption on the premises.
c. Outdoor cafes. when not visible from or on a public street. allev. or wav.
and associated with (a) above. shall have no minimum seatino requirement and
shall be permitted to sell alcoholic beveraoes onlv for consumption on the
premises.
d. Golf clubhouse located on a oolf course shall be permitted to sell
alcoholic beveraoes onlv for consumption on the premises.
tA Accessory uses. Hotels. apartment-hotels, or apartments. when permitted under
Chapter 142. shall be permitted to have accessorv uses on site. which sell alcoholic
beveraoes pursuant to the followino minimum standards:
219
a. Restaurants, alcoholic beveraoe establishments. and private clubs shall
be permitted to sell alcoholic beveraoes for consumption on the premises based
upon the followino: when beer and wine are served a minimum of 30 seats shall
be provided: and when. beer. wine and liquor are served. a minimum of 40 seats
shall be provided.
b. Outdoor cafes when visible from a public street which have a minimum of
20 seats are oermitted to sell alcoholic beveraqes for consumption onlv on the
premises.
c. Outdoor cafes when not visible from a public street. allev. or wav. shall
have no minimum seatino requirement and shall be permitted to sell alcoholic
beveraqes onlv for consumption on the premises.
d. Golf clubhouse: when located on a oolf course. the sale of alcoholic
beveraoes is permitted onlv for consumption on the premises.
e. Hotels, when requestino a "S" Class State License shall be required to
demonstrate that thev complv with all applicable Florida Statutes.
IO Variance requests from subsections (1) and (2) above shall not be permitted to
exceed 30% of the required number of seats.
Section 6-7. Exemptions.(a) Notwithstandinq anv other provision of this Chapter. the sale of beer for off-premises
consumption bv a vendor licensed bv the State shall be exempt from the reoulations in Section
6-4. and Section 6-6. However. the sale bv such vendor of alcoholic beveraoes other than beer
and of beer for on-premises consumption shall be conducted in accordance with the provisions
of Section 6-6.
(b) Nothino herein shall be construed to restrict sales of alcoholic beveraoes in the Civic and
Convention Center District or Government Use Districts.
Section 6-8. Neiqhborhood Compatibilitv Requirements.
Under the provisions of this Chapter, a new Certificate of Use and/or Business Tax Receipt shall
not be issued for anv alcoholic beveraqe establishment, without submittino evidence of
comolvino with the followino requirements:
(1) All alcoholic beveraoe establishments shall have a litter abatement prooram.
certified bv the Division of Sanitation. Such prooram shall include the followinq items:
a. All trash receptacles. excludinq dumpsters. shall be located inside of a
structure and shall be placed in the public riqht-of-wav on pick-up davs onlv:
b. All oarbaqe pickups and service deliveries shall not take place between 5
p.m. and 8 a.m.:
c. All litter shall be cleared from the site, the adiacent public rioht-of-wav and
anv accessory oarkino lot on a dailv basis:
220
d. The establishment shall sweep the public riqhGof-wav adiacent to the
petitioned site and anv accessory parkino lot dailv and shall clean such public
rioht-of-wav with a pressure washino hose a minimum of once per week.
(2) The establishment shall screen anv dumpster used in coniunction with site. which
is visible from the public riqht-of-wav or parkino area with a six-foot opaque fence with
oates. No dumpster is permitted to be placed within the public riqht-of-wav.
(3) Equipment and supplies shall not be stored in areas visible from adiacent streets,
allevs or nearbv buildinos.
(4) lf installinq a kitchen, the establishment shall install an exhaust svstem. as
required bv Code. that will substantiallv reduce orease and smoke that would otherwise
escape to the surroundinq area. This mav include the installation of a fan in connection
with the kitchen exhaust svstem within the interior of the buildinq in order to reduce noise
levels.
(5) Anv outdoor or rooftop areas permitted to be utilized as part of an alcoholic
beveraoe establishment shall complv with the followinq operational and noise
attenuation requirements and limitations not in contravention of district- specific
provisions of the Land Development Reoulations:
a. Outdoor bar counters which are within 100 feet of a propertv with a
residential use shall require Conditional Use approval.
b. Outdoor bar counters. where permitted. shall not be operated or utilized
between midnioht and 8:00 a.m.: however, for a propertv with an accessorv
outdoor bar counter that is within 100 feet of a propertv with a residential use. the
accessorv outdoor bar counter mav not be operated or utilized between 8:00
p.m. and 8:00 a.m.
c. Oceanfront hotels with at least 100 hotel units mav operate and utilize an
accessorv outdoor bar counter. notwithstandino the above restriction on the
hours of operation. provided the accessorv outdoor bar counter is (i) located in
the rear vard, and (ii) set back 20 percent of the lot width (50 feet minimum) from
anv propertv line adiacent to a propertv with an apartment unit thereon.
d. No exterior loudspeakers are permitted except those necessarv for fire
and life safetv purposes, unless approved pursuant to the Conditional Use
Procedures and Review Guidelines as listed in section 1 18-191 . et seq.:
e. All entertainment is orohibited in the exterior spaces of the oropertv
unless approved pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 1 18-191 , et seo.,
L Rooftop accessorv bar counters shall require either Desion Review or
Historic Preservation Board approval. as applicable:
g;= ln residential districts, rooftop food and beveraoe services shall cease no
later than 11:00 p.m., unless hours of operation are extended pursuant to the
221
Conditional Use Procedures and Review Guidelines as listed in section 118-191.
et seq.;
h. For all alcoholic beveraoe establishments located in residential districts,
except the RM-3 zoninq district. onlv tables and chairs shall be permitted at the
oround level or first floor. Anv other type of furniture, includinq, but not limited to.
sofas, love seats. benches and picnic tables, shall require the review and
aporoval of the Desiqn Review Board. Historic Preservation Board. or Planninq
Board, as applicable.
(6) The principle means of inqress and eqress shall be from a public street or public
sidewalk. A public or private allev wav. a private road or a public park shall not be
permitted as a means of inoress. This shall not be applicable to Lincoln Lane North,
Lincoln Lane South. Collins Court, Washinqton Avenue or within the Mixed-Use
Entertainment (MXE) zonino district.
ARTICLE II. CONDUCT
Section. 6-36. Definitions.
The following words, terms and phrases, when used in this a#iele Chapter, shall have the
meanings ascribed to them in this section or if not defined in this Chapter. the meanino ascribed
to them in Chapters 1'14 and 142, except where the context clearly indicates a different
meaning:
A/coholic beyeraqe sa/es-On premises means the sale of beveraqes in open containers for
consumption on the premises onlv.
A/coholic beyeraqe sa/es-Packaqe means the sale of beveraqes in sealed containers for
consumption off the premises.
Ful/ krtchen faclrfies means havinq commercial qrade burners. ovens and refrioeration units of
sufficient size and quantitv to accommodate the occupancv content of the establishment. Full
kitchen facilities must contain qrease trap interceptors, and meet all applicable Citv, countv and
state codes.
PdmanTy means that more than fiftv (50) percent of the floor area of a retail establishment shall
be dedicated to the sale of alcoholic beveraqes. And in the instance of a restaurant, at least
fiftv-one (5'1) percent of the qross income of the restaurant must be derived from the sale of
prepared food and non-alcoholic beverages.
Schoo/ means a facilitv providinq a curriculum of elementarv and secondarv academic
instruction, includino kinderoartens, elementarv schools. iunior hioh schools, hioh schools and
comparable private schools.
Section 6-37. Violations and penalties.
Upon a finding by the appropriate administrative official or agency that a violation of this article
has occurred, the City shall initiate proceedings to revoke the Business Tax Receipt, Certificate
222
of Use, e€€upatr€na++i€e+se or Certificate of Occupancy, whichever is appropriate. Additionally,
this article may be enforced and violations may be punished as follows:
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SEGTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before September 30, 2015, inclusive of hours of operation
specified in the Land Use Board's final order.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2016.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
10
City Attorney Date
223
First Reading:_, 2015
Second Reading:_, 2016
Verified by.
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S++Xe$reugh denotes removed language
T:\AGENDA\201S\September\PlANNINc\Referral to Planning Board - Alcohol Regulations Ch 6 ORD.docx
11
224
THIS PAGE INTENTIONALLY LEFT BLANK
225
MIAMIBEACH
City of Miqmi Beqch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
C ISSION MEMORANDUM
ommission
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
TO:
SUBJECT: REFERRAL TO THE
AMENDING CHAPTER
OF THE CITY CODE
STATIONS
BOARD: PROPOSED ORDINANCE
LAND DEVELOPMENT REGULATIONS
TO ELECTRIC VEHICLE GHARGING
130 OF THE
PERTAINING
ADMINISTRATION RECOMMENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On January 14, 2015, at the request of Commissioner Micky Steinberg, the City Commission
referred the item for discussion to the Land Use and Development Committee (ltem C4l). On
March 3, 2015 the Land Use and Development Committee recommended that the City
Commission refer an Ordinance to the Planning Board to amend the City Code to establish electric
vehicle parking requirements for new development.
On July 8,2015, while discussing an item to approve a Request for Proposals extending the City's
Electric Vehicle Charging Station Network (ltem C2B), at the request of Commissioner Micky
Steinberg, the City Commission referred the attached Ordinance to the Sustainability and
Resiliency Committee and the Land Use and Development Committee.
On July 22,2015, the Sustainability and Resiliency Committee discussed the item and continued it
to the September 9,2015 meeting.
On July 29, 2015, the Land Use and Development Committee recommended that the City
Commission refer the attached Ordinance Amendment to the Planning Board, with a modification
to establish a minimum applicability requirement.
ANALYSIS
The availability of strategically placed charging stations throughout the City promotes electric
vehicles by making their use more convenient. Benefits to the City from increase electric vehicle
(EV) use include improved air quality, quieter and more livable streets, and decreased dependency
on fossil fuels. However, one of the inherent challenges for this technology to gain mainstream
acceptance is analogous to the "chicken or the egg" conundrum. lf EV charging stations are not
readily available, the driving public is hesitant to invest in an EV due to "range anxiety" resulting in
trips that are in close proximity to only known EV charging stations points. The expansion of EV
Agenda ltem c ?D
Date ?-J-l{226
Commission Memorandum
Referral to Planning Board - Electic Vehicle Charging Sfafions
September 2, 201 5
charging stations is necessary in order to establish a network of stations that will allow this
technology to flourish.
The City Commission asked staff to provide research for the discussion regarding EV stations in
future development projects for residential and commercial properties. The Lnalysis below
describes programs that include incentivizing existing commercial and residential properties to add
EV stations, and requiring new developments to provide EV stations.
Electric Vehicle Proqram
New Developments
Per the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED)
rating system, projects are eligible to earn a LEED credit for incorporating EV charging stations into
their design. This credit is awarded when projects install EV supply equipment in 2o/o- of all parking
spaces used by the project. These parking spots would be clearly identified and reserved for the
sole use of plug-in electric vehicles. lt is suggested that the City use the LEED credit requisites asa baseline for requiring new development to provide EV parking spaces. To implement this
requirement, the City must amend the off-street parking section of the Land Development
Regulations to include these provisions.
The proposed Ordinance requires new non-single family development to provide 2o/o of the
required parking, with a minimum of one space for EV parking. However, since small business and
residential buildings may have difficulties in providing sufficient parking for customers and
residents, the proposed Ordinance only requires that those spaces be set aside for the exclusive
use of electric vehicles when ten or more parking spaces are required pursuant to the Land
Development Regulations.
When a development is not providing parking as a result of participation in the "fee in lieu of
providing required parking program", an additional $2,000 will be charged for those spaces that
were required to provide EV charging stations. This fee is based on the average cost of an EV
charging station. The revenue is proposed to be deposited into the "sustainabiliiy and Resiliency
Fund" that is being established in a separate Ordinance amendment.
ln 2014, the Town of Surfside passed an ordinance that requires all new multifamily or hotel
development with 20 or more units shall provide access to 220 volt capability throughout the
garage to offer charging opportunities to residents and guests. Their ordinance does not require
the installation of stations only the installation of the required electrical infrastructure throughout the
entire garage, which will allow properties to connect EV charging in the future. The proposed
ordinance includes similar requirements. This will allow for electric vehicle charging stations to be
installed throughout the parking area as the demand increases.
Existinq Commercial and Residential Properties
There are a number of existing properties in Miami Beach that provide EV stations for their
customers such as the Fontainebleau Hotel, Miami Beach Marina, and Whole Foods Market.
These properties benefit from attracting individuals with EVs and generating a small amount of
revenue associated with EV station use. The City could further incentivize existing commercial and
residential properties to add EV parking by reducing their off-street parking requirements. To move
fonruard, the City must amend the off-street parking section of the Land Development Regulations
to reflect this change. Should the City Commission which to consider such incentives, a separate
referral would be required.
227
Commission Memorandum
Referral to Planning Board - Electric Vehicle Charging Stafions
September 2, 2015 Paqe 3 ot 3
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.
,',^?$LM/ESWFCT
T:\AGENDA\201 s\SeptembeAPtANNlNG\Referral to Planning Board - Chapter 130 EV Parking MEMO.docx
228
Electric Vehicle Parking
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF
MIAMI BEACH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 130, "OFF.
STREET PARKING," ARTICLE ll, "DISTRICTS; REQUIREMENTS",
ESTABLISHING SECTION 130.39, "ELECTRIC VEHICLE PARKING," IN
ORDER TO PROVIDE MINIMUM REQUIREMENTS FOR ELECTRIC VEHICLE
PARKING SPACES; BY AMENDING CHAPTER 130, "OFF-STREET
PARKING," ARTICLE V, "FEE lN LIEU OF PARKING PROGRAM," SECTION
130.132, "FEE CALCULATION," TO ESTABLISH AN ELEGTRIC VEHICLE
CHARGING STATION SURPLUS FEE AS PART OF THE FEE IN LIEU OF
PROVIDING REQUIRED PARKING PROGRAM, AND SECTION 130.134,
'DEPOSIT OF FUNDS; ACCOUNT," TO AUTHORIZE THE PLACEMENT OF
FUNDS COLLECTED FROM THE ELECTRIC VEHICLE CHARGING STATION
SURPLUS FEE INTO AN ACCOUNT TO BE UTILIZED FOR THE PURPOSES
STATED HEREIN; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Chapter 130, "Off-Street Parking," Article ll, "Districts; Requirements,"
describes the minimum requirements for off-street parking spaces; and
WHEREAS, Chapter 130, "Off-Street Parking," Article V, "Fee in Lieu of Parking
Program," provides for a fee when new development or uses are not able to provide required
parking; and
WHEREAS, greenhouse gas emissions are a contributor to sea level rise which is a
threat to health, safety, and welfare of residents, visitors, and businesses of Miami Beach; and
WHEREAS, electric vehicles generate reduce greenhouse gas emissions as compared
to gasoline and diesel powered vehicles; and
WHEREAS, it is desirable to encourage electric vehicle use in order to reduce
greenhouse gas emissions; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SEGTION 1. The City of Miami Beach Land Development Regulations, at Chapter 130, "Off-
Street Parking," Article ll, "Districts; Requirements," is hereby amended as follows:
Section 130-39. - Electric vehicle parkinq.
(ll Definitions.
(a) Charqmq /evels means standardized indicators of electrical force, or voltaqe, at
which an electric vehicle's batterv is recharqed. The Societv of Automotive Enqineers
229
refers to charoinq levels as Alternatinq Current (AC) Level 1, Alternating Current
(AC) Level 2 and Direct Current (DC) Fast Charoe (hioh-current charoinq). For this
ordinance the Citv of Miami Beach shall consider onlv AC Level 2 and DC charqino
levels.
(b) AC Level 7 charq,nq means a level of charqinq that transfers 120 volts (1.4-1.9 kW)
of electricitv from the electrical qrid to vehicle batteries. equivalent to the electricitv
provided bv a common wall receptacle.
(c) AC Level 2 charq,nq means a level of charqinq that transfers 240 volts (up to 19.2
kW) of electricitv from the electrical orid to vehicle batteries (recharqino vehicles
faster than AC Level 1).
(d) DC fasf charqmo means specialized charqers that use DC voltaoe to charqe a pluo-
in vehicle at faster rates than AC Level 2. This level of charqins transfers a hioh
voltaqe (tvpicallv 400-500 volts or 32-100 kW. dependinq on the electrical current) of
direct current to vehicle batteries.
(e) E/ecfrh vehrcle means any motor vehicle reoistered to operate on Florida public
roadwavs and operates either partiallv or exclusivelv on electrical enerqv from the
orid. or an off-board source, that is stored on-board for motive purpose. Electric
vehicle includes: (1) a batterv electric vehicle, (2) a pluo-in hvbrid electric vehicle: (3)
an electric motorcvcle; (4) a fuel cell vehicle.
(fl E/ecfric yehicle parkrno space means anv posted parkinq space that provides an
electric vehicle charqinq station, includinq appropriate signaqe. and mav include
other features, such as pavement markinqs, bollards, and wheel stops, amonost
others.
(g) E/ecfrlc vehicle charorno sfafion means a public or private parkino space that is
served bv batterv charqino station equipment that has as its primarv purpose the
transfer of electric enerqv (bv conductive or inductive means) to a batterv or other
enerqv storaqe device in a pluq-in electric vehicle. The electric vehicle charqinq
station shall include the followinq: (a) voltaoe and amperaoe levels: (b) usaoe fees, if
anv: (c) safetv information: and (d) contact information to report issues relatino to the
operation of the equipment.
(!) Except in sinqle-familv residential districts, where off-street parkinq is required pursuant to
the land development reoulations. a minimum of two percent (2%) of the required off-street
parkino spaces, with a minimum of one (1) parkino space, shall contain electric vehicle
parkinq spaces and provide an electric vehicle charqinq station, subiect to the followinq
standards:
a. Where ten (10) or more off-street parkino spaces are required pursuant to the land
development reoulations, the electric vehicle parkinq spaces shall contain an electric
vehicle charqinq station and shall be reserved for the exclusive use of electric vehicles.
Such spaces shall be marked with oreen paint.
b. The electric vehicle charqino station shall have a minimum charqinq level of AC Level 2.
230
c. All components of the electric vehicle charqino station shall be completelv concealed
from view from the public riqht of wav.
d. All electrical components shall be located above the minimum flood elevation and the
Citv of Miami Beach freeboard.
e. The electric vehicle charqinq station shall contain a retraction device. coiled cord. or a
place to hano cords and connectors above the qround surface.
L A siqn shall be posted at the electric vehicle charqinq station statinq "Electric Vehicle
Charoinq Station." Siqns shall be no qreater than 24 inches wide bv 18 inches hiqh.
Color and letter size specifications shall meet the Manual on Uniform Traffic Control
Devices (MUTCD) requirements for siqn desiqnation (Electric Vehicle charqinq).
5; For residential uses, electric vehicle charqinq stations shall be limited to the use of
buildinq residents and their invited quests.
(Q All new multifamilv or hotel development with 20 or more units shall provide access to 240
volt capabilitv throuqhout the qaraqe to offer charoinq opportunities to residents and ouests
as needed.
SECTION 2. The City of Miami Beach Land Development Regulations, at Chapter 130, "Off-
Street Parking," Article V, "Fee in Lieu of Parking Program," is hereby amended as follows:
Sec. 130-132. - Fee calculation.
(a) New construction. The fee in lieu of providing parking for new construction shall be satisfied
by a onetime payment at the time of issuance of a building permit of $40,000.00 per
required non-electric vehicle parking space. An electric vehicle charqinq station surplus fee
of $2,000 shall be charqed per required electric vehicle parkinq space not provided. The
amount of such fee may be changed in accordance with subsection (d) of this section.
(b) Annual evaluation. The amount determined to be the city's total average cost for land
acquisition and construction of one parking space. and the purchase and installation of an
electric vehicle parkinq station shall be evaluated yearly each May by the planning director
based upon the most recent available cost information and the Consumer Price lndex (CPl).
lf determined appropriate, the city commission may amend the fee structure in this section
by resolution.
Sec. 130-134. - Deposit of funds; account.
(a) Funds generated by the fee-in-lieu program pursuant to subsections 130-132(a) and (b)
above, collected prior to March 20, 2010, shall be deposited in a city account (divided into
three districts, for north, middle and south) specifically established to provide parking and
related improvements in the vicinity (within the north, middle or south district, as applicable)
of the subject property. Funds generated bv the electric vehicle charqinq station surplus fee
shall be deposited into the Sustainabilitv and Resiliencv Fund established in Chapter 133 of
231
the Land Development Requlations. Expenditures from these funds shall require city
commission approval.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 4, REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
CITY CLERK
City Attorney Date
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+nt<e+nreugh denotes deleted language
T:\AGENDA\20'1S\September\PLANNING\Referral to Planning Board - Chapter 130 EV Parking ORD.docx
232
THIS PAGE INTENTIONALLY LEFT BLANK
233
MIAMIBEACH
City of Miomi Beoch, ,I700 Convention Cenier Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
f the City
CREATING CHAPTER 133 IN THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE PERTAINING TO SUSTAINABILITY AND RESILIENCY
ADMI NISTRATION RECOMM EN DATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On April 15,2015, at the request of Commissioner Micky Steinberg, the City Commission referred
an item to the Sustainability and Resiliency Committee, regarding the provision of renewable
energy sources in new construction projects (ltem C4G). On May 6, 2015, at the request of
Commissioner Micky Steinberg, the City Commission referred the item to the Land Use and
Development Committee (ltem C4H).
On June 24,2015, the Sustainability and Resiliency Committee discussed the item and continued
it to the July 22,2015 meeting. On July 22, 2015, the Sustainability and Resiliency Committee
discussed the item and recommended in favor of the item with a modification that LEED
requirements apply to large scale single-family residences, as well as commercial new
construction. Staff was also directed to research the average square footage of a single-family
residence to determine the appropriate threshold.
On June 17, 2015, the Land Use and Development Committee continued the item to the July 29,
2015 meeting. On July 29,2015, the Land Use and Development Committee recommended that
the City Commission refer the attached Ordinance Amendment to the Planning Board, with a
modification that the applicable square footage be reduced to 7,000 square feet. The Land Use
Committee also requested that focus groups be convened for additional input, prior to the matter
being considered by the Planning Board.
ANALYSIS
According to the U.S. Environmental Protection Agency (EPA), existing buildings are one of the
biggest contributors to environmental pollution in the U.S., accounting for 40 percent of total energy
use,72 percent electricity consumption, 39 percent of the carbon dioxide emissions, and 13
percent of total water consumption.
The U.S. Green Building Council (USGBC) has developed Leadership in Energy and
Agenda ltem C VE =Date a-d- /{-234
Commission Memorandum
Refenal to Planning Board - Sustainability and Resiliency Ordinance
September 2, 201 5 Page 2 ol 3
Environmental Design (LEED) green building rating system to address design and construction
activities to improve energy efficiency and sustainability of residential and commercial buildings.
LEED certified buildings save money and resources and have a positive impact on the health of
occupants, while promoting renewable, clean energy.
Required LEED Certification
Staff has developed a draft ordinance, establishing regulations and procedures that will help the
city become more resilient. This ordinance creates environmental standards for new development
by requiring that all new construction be LEED Gold certified or better. LEED certification
promotes efficient design, construction, operation, maintenance and deconstruction of buildings
and site development. The green building provisions are designed to achieve the following
objectives:o lncrease energy efficiency in buildings;o Encourage water and resource conservation;o Reduce waste generated by construction projects;o Reduce long{erm building operating and maintenance costs;. lmprove indoor air quality and occupant health;. Contribute to meeting the state and local commitments to reduce greenhouse gas
production and emissions.
There were concerns regarding the impact of this program on single-family residential properties.
An analysis of the Single Family homes that have been approved by the Design Review Board or
have an approved building permit over the last sixth months indicates that the average size of new
homes is expected to be 6,452 square feet; the median size is 5,165 square feet; and the average
size of the top 25o/o of homes is 7,186 square feet. lt is suggested that larger homes which will
have the greatest environmental impact could be built to LEED standards in order to mitigate their
impact.
The proposed ordinance proposes that the following types of development at a minimum be
certified as LEED Gold by the USGBC:
1. All new construction over 7,000 square feet;
2. Additions over 10,000 square feet; and
3. Rehabilitations of buildings larger than 10,000 square feet that exceed 50 percent of
the building value.
Sustainability Fee Prooram
ln lieu of achieving LEED Gold certification, properties can elect to pay a sustainability fee. This
fee is set as a percentage of the cost of construction. The proposed ordinance sets the
percentage based on the level of LEED Gold certification, as follows:
Level of LEED
Certification Ach ieved
Fee in Lieu of LEED Gold
Certification
(Percentage of Construction Cost)
No Certification 5.0%
LEED Certified or Equivalent 2.5o/o
LEED Silver Certified or Equivalent 1.70/o
LEED Gold Certified or Equivalent 0.0%
235
Commission Memorandum
Referral to Planning Board - Sustainability and Resiliency Qrdinance
September2,2015 Page 3 ot 3
The fees collected as part of this program will be used to establish a sustainability and resiliency
fund. These funds will be used to include improvements that increase the resiliency of the City
such as:
1. Environmental restoration projects,
2. Environmental remediation projects,
3. Environmental monitoring,
4. Green infrastructure,
5. Enhanced storm water quality and quantity improvements,6. Sustainabilityplanning efforts.
The Sustainability and Resiliency Fund will also be used to fund new resiliency projects such as:
living shorelines, water quality monitoring, soil remediation and establishing alternative forms of
energy sources, such as solar. lt could also be used to supplement resiliency elements of existing
capital improvement projects including incorporating bioswales and urban trees into existing street
scape projects, water conservation irrigation systems, and enhanced water quality elements into
future storm water and greywater projects.
The proposed ordinance would require that within fifteen months of the effective date of the
Ordinance a progress report be submitted to the City Commission to review the success on the
regulations. Such review at minimum shall address the following:
1. Whether the sustainability requirements sufficiently respond to the climate of Miami
Beach; and
2. The effectiveness of the Sustainability Fee; and3. The effectiveness of the review procedures.
CONCLUSION
ln accordance with the July 29, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.
flt
J LM/T R'|[47BAM/E SW/M KWFT
T:\AGENDA\201S\SeptembeAPLANNlNc\Referral to Planning Board - Chapter 133 Sustainability MEMO.docx
236
SUSTAINABILITY AND RESILIENCY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE C!ry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATTONS (LDR'S) OF THE CtTy GODE, By ESTABLISHTNG CHAPTER133, "SUSTAINABILITY AND RES!LlENCy," By ESTABLTSHTNG
REQUIREMENTS FOR LEED GOLD CERTIFICATION, ESTABLISHING A
SUSTAINABIL!ry FEE PROGRAM FOR PROJECTS THAT DO NOT ACHIEVETHE REQUIRED LEED CERTIFICATION, ESTABLISHING A
SUSTAINABIL!ry AND RESILIENCY FUND FOR THE DEPOSIT OF FUNDS
GENERATED THROUGH THE SUSTAINABILITY FEE PROGRAM, AND
PROVIDING THE USES FOR WHICH THE REVENUE DEPOSITED IN THE
SUSTAINABILITY AND RESILIENCY FUND CAN BE USED; PROVIDING FOR
REVIEW, APPLICABILITY, CODIFICATION, REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, greenhouse gas emissions are a contributor to sea level rise which is a
threat to public health, safety, and general welfare of the citizens of Miami Beach; and
WHEREAS, it is in the best interest of the City to promote the economic and
environmental health in the city, through sustainable and environmentally friendly design and
construction which reduce demand for energy and greenhouse gas emissions; and
WHEREAS, the Leadership in Energy & Environmental Design (LEED), is a green
building certification program that recognizes best-in-class building strategies and practices; and
WHEREAS, LEED certified buildings save money and resources and have a positive
impact on the health of occupants, while promoting renewable, clean energy; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSTON OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter l33, "Sustainability and Resiliency," is hereby established in the
Land Development Regulations of the Code of the City of Miami Beach, FL as follows:
Ghapter 133 - SUSTAINABILITY AND RESILIENCY
ARTICLE I. - IN GENERAL
Sec. {33-i - Definitions.
237
The followinq words. terms and phrases, when used in this article. shall have the
meanino ascribed to them in this section. except where the context clearlv indicates a different
meanino. or as may be amended from time to time.
EutTdrno means anv structure havinq a roof supported by columns or walls for the shelter
or enclosure of persons or property and includes the word structure and includes anv part
thereof.
Cify means City of Miami Beach.
Consfrucfion means any proiect associated with the creation. development. or erectionof anv bullding elioible for lhe orooram. Enhanced storm water quality and quantity
mprovemenfs means proiects that auqment water quality and quantity bv: reducinq polluted
runoff: advancinq oroundwater recharoe. soil infiltration and erosion control: and restorinq
habitat.
EnvtTonmenfal monrtonnq means periodic or continuous surveillance or testino to
determine the level of compliance with statutorv requirements and/or pollutant levels in various
media (air. soil. water) or biota. as well as to derive knowledoe from this process. Examples of
environmental monitorino include. but are not limited to: water quality samplinq and monitorinq.
qroundwater testing and monitorinq. habitat monitorinq. etc.
Envffonmenfal remedrafibn means clean-up of, or mitioation for, air. soil or water
contamination from the Citv's solid waste manaqement system and those facilities for which the
City is leqally responsible for environmental clean-up or mitioation.
Envrronmenfal resforafion means the return of an ecosystem to a close approximation of
its condition prior to disturbance.
Escrow means an interest bearino bank account manaqed by the Citv, for the purpose of
ensurinq that Sustainability Fees are satisfied by development that does not meet sustainability
requirements, where the interest qenerated bv the account shall be kept by the Citv in order to
offset the costs of administering said account.
Green rnfrasfrucfure means both the natural environment and enoineered systems to
provide clean water. conserve ecosvstem values and functions, and provide a wide arrav of
benefits to people and wildlife. Green infrastructure uses veqetation. soils, and natural
processes to manaoe natural resources and create healthier urban environments. Examples of
qreen infrastructure practices include. but are not limited to: riqht-of-wav bioswales, qreen roofs,
blue roofs, rain qardens. permeable pavements. infiltration planters. trees and tree
boxes. rainwater harvestino svstems.
LEED means Leadership in Eneroy and Environmental Desiqn (LEED) Green Buildino
Ratinq System for Buildinq Desiqn and Construction. which is applicable to New Construction
and Major Renovations. or other recoqnized oreen buildino ratino system approved bv
resolution of the City Commission.
LEED Scorecard means a quide to assist in determininq the total project score and
achievable credits at the inception of a LEED Project. or equivalent document as part of another
buildinq proqram approved bv resolution of the citv commission.
238
USGBC means the United States Green Buildino Council, or other recoqnized oreen
buildinq proqram approved by resolution of the city commission.
Sec. 133-2. - Purpose.
The purpose of this chapter is to establish requlations and procedures that will help the
city become a more sustainable and resilient communitv by encouraqinq sustainable
development. This chapter shall define and establish new environmental goals and standards
for a LEED certification-based oreen buildinq prosram. This will promote economic and
environmental health of the city. throuoh sustainable and environmentally friendly desion and
construction. This ordinance shall define and establish new environmental ooals and standards
for a LEED certification-based qreen buildinq proqram throuqh efficient desion. construction,
operation. maintenance and deconstruction of buildinqs and site development bv incorporatinq
qreen buildinq practices and materials. The qreen building provisions are desioned to achieve
the followinq objectives:
1. lncrease eneroy efficiencv in buildinqs: and
2. Encouraqe water and resource conservation: and
3. Reduce waste qenerated by construction projects: and
4. Reduce lono-term buildino operatinq and maintenance costs: and
5. lmprove indoor air quality and occupant health: and
6. Contribute to meetinq state and local commitments to reduce oreenhouse oas production
and emissions.
ARTIGLE II. - GREEN BUILD!NG REQUIREMENTS
Sec. 133-31. - Sustainabilitv Requirements.
1. The followinq types of development, shall at a minimum be certified as Gold by the USGBC
LEED standards:
a. All new construction over 7.000 square feet. or
b. Additions over 10.000 square feet to existinq buildinqs. or
c. Rehabilitation of buildinqs larqer than 10.000 square feet. which exceeds 50 percent of
the buildinq value.
Sec. 133-32 - Review Procedures.
239
1. At the time of Buildino Permit application, the owner shall submit:
a. Proof of reoistration with the USGBC:
L A siqned and sealed affidavit from a LEED Accredited Professional. or applicable
desiqnation professional. statinq that the proposed buildinq is desiqned to achieve
the required certification: or
ii. lf the proposed buildino is not anticipated to achieve the minimum level of
certification required in section 133-31, then participation in the Sustainability Fee
Prooram. pursuant to Chapter 133. Article lll. is required.
b. A LEED Scorecard identifyinq anticipated credits to be achieved.
c. The applicant shall post a bond or make a deposit to be held in escrow. in the amount
equivalent to the fee for "No Certification" as described in section 133-52 (1).
2. Within one vear from the receipt of a Certificate of Occupancy. the owner shall submit proof
of LEED certification by the Green Buildinq Certification lnstitute.
a. lf the proposed buildino does not achieve the required level of LEED certification within
the allotted timeframe. then the bond or funds held in escrow shall be utilized for
participation in the Sustainability Fee Prooram. pursuant to Chapter 133. Article lll.
b. The Planninq Director mav approve a one-time 6-month extension for qood cause upon
the request of the applicant.
ARTICLE III. - SUSTAINABILITY FEE PROGRAM
Sec. 133-51. - Generallv.
A Sustainabilitv Fee may be paid to the City in lieu of achievino the level of LEED
certification required in Section 133-31 from the bond or funds in escrow that are required at the
time of Buildinq Permit application.
Sec. 133-52. - SustainabiliW Fee Calculation.
1. The fee is set as a percentaoe of the cost of construction as approved bv the Buildinq
Official or their desiqnee. The percentaqe to be paid is based on the level of LEED
certification required in Sec. 133-31. based on the followinq schedule:
Level of LEED
Certification Achieved
Fee in Lieu of LEED Gold Certification
(Percentaqe of Construction Cost)
No Certification 5.Oo/o
LEED Certified or Equivalent 2.5o/o
LEED Silver Certified or Eouivalent 1.70/o
LEED Gold Certified or Equivalent O.Oo/o
240
2. The Sustainabilitv Fee shall be evaluated and assessed (if necessary) upon the applicant's
submittal of proof of LEED certification by the Green Buildinq Certification lnstitute pursuant
to Section 133-32 (2).
a. lf the level of LEED certification required bv Section 133-31 is achieved within the
allottedtimeframe, the bond orthefunds in escrowdescribed in Section 133-32 (1) shall
be returned in full to the applicant.
b. lf a level of LEED certification lower than that which is required by Section 133-31 is
achieved within the allotted timeframe. then only such portion of the bond or funds in
escrow described in Section 133-32 (1) necessarv to satisfy the Sustainabilitv Fee for
the level of certification achieved shall be forfeited to the Citv. with the remainder beinq
returned to the applicant.
c. lf proof of final LEED certification is not provided to the City within the allotted timeframe.
then the entire bond orfunds in escrow described in Section 133-32 (1) shall be forfeited
to the City.
Sec. 133-54 - Deposit of funds: account.
1. The City shall establish a Sustainability and Resiliencv Fund. The revenue oenerated
throuqh the Sustainabilitv Fee Proqram shall be deposited in the Sustainabilitv and
Resiliency Fund.
a. The Sustainabilitv and Resiliency Fund shall be established as interest-bearino accounts
in a bank authorized to receive deposits of city funds. lnterest earned bv account shall
be credited to that account and shall be used solely for the purposes specified for funds
of such account.
2. Revenue in the Sustainabilitv and Resiliency Fund shall be utilized to provide improvements
that increase the environmental sustainabilitv and resiliency of the City. Expenditures from
these funds shall require citv commission approval. upon the recommendation of the
Environment and Sustainability Division.
3. Such improvements that increase the resiliency of the City mav include:
a. Environmental restoration proiects
b. Environmental remediation proiects
c. Environmental monitorino
d. Green infrastructure
e. Enhanced storm water quality and quantitv improvements
f. Sustainabilityplanninqefforts
SECTION 2. REVIEW.
241
A progress report shall be presented to the City Commission within fifteen (15) months
of the effective date of this Ordinance in order to review the success of the regulations
contained within. The review shall at a minimum address the following:
1. lf the sustainability requirements sufficiently respond to the climate of Miami Beach.
2. The effectiveness of the Sustainability Fee at encouraging sustainable development.
3. The effectiveness of review procedures.
SEGTION 3. APPLICABILIry.
This Ordinance shall not apply to developments that have an active land use board
approval or that have been issued a building permit process number prior to the effective date of
this Ordinance.
SEGTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SEGTION 5. CODIFIGATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or reentered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 7. EFFECTIVE DATE.
This Ordinance shalltake effect ten (10) days following adoption.
PASSED and ADOPTED this day of
ATTEST:
GIry CLERK
First Reading:
Second Reading:
2015.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
2015
2015
City Attorney Date
242
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ril<*nreugh denotes deleted language
M:\$CMB\CCUPDATES\Land Use and Development Committee\201S\July 29, 201S\Sustainabitity and Resitiency
Ordinance Draft.docx
243
g MIAMIBEACH
Ciiy of Miomi Beoch, ,l700 Conveniion Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
the City
DATE: September 2,2015
SUBJECT: A REFERRAL TO THE HOODS AND COMMUNITY AFFAIRS
COMMITTEE A DISCUSSION R NG THE JULY 4TH CELEBRATION.
BACKGROUND
ln 1991 , the City of Miami Beach launched the first'An American Celebration" as a means to
attract more residents and visitors to this area during the 4th of July. This celebration, due to
its great success, has been carried on year after year as a vehicle to continue to bring more
residents and visitors to the city. ln order to generate interest in all areas of the city, the
event's location used to alternates between the North Beach community (72nd Street beach
front) and the South Beach Community (Ocean Drive Beach Front) areas. Last year the
event returned to the North Beach location and the fireworks were launched from a secured
area of the beach at 76th Street. Prior to 2014, the event was held in South Beach for 5
consecutive years.
Each year the event was held in North Beach, including last year, the Ocean Drive
Association funded the cost of fireworks in South Beach to ensure the residents and visitors
in the South Beach area also had a festive July 4th. This year, the City contributed $1O,OOO
toward the cost of the South Beach fireworks.
CONCLUSION
The Administration is seeking direction from the Mayor and City Commission regarding the
location of future July 4th events and whether or not the City should continue to fund
fireworks in an alternate location each year.
JLM/KGB/Iffi$L
IV
T:\AGENDA\20YS\September\TCEDUuly 4th 201 5 Discussion.doc
Agenda ltem c c/ F
Date a2:!_{_244
THIS PAGE INTENTIONALLY LEFT BLANK
245
C4 - Commission Gommittee Assignments
C4G Referral To The Neighborhood/Community Affairs Committee A Discussion Regarding
The Convention Center Park And Veteran's Plaza.
(Office of the City Manager)
Agenda ttem CV GDate-frJT246
THIS PAGE INTENTIONALLY LEFT BLANK
247
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: August 25,2015
SUBJECT: Referral to the Sustainability and Resiliency Committee a discussion to
improve the resiliency of government buildings and operations to reduce and mitigate the
impacts of greenhouse gas emissions.
Please place the above on the September 2,2015 City Commission agenda.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
MIAMlIffiffi&Gffi
Aide to Commissioner Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I F ax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excetlent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commttted to providing excellent public senice ond sofety to oll who live, 'work, ond picy in our vibront, tropicol, hisforic communify.
Aoenda ltem C YH
Date__7-T7T248
THIS PAGE INTENTIONALLY LEFT BLANK
249
G6
COMMISSION GOMMITTEE REPORTS
250
MIAMI BEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phllip Levine and Members 0f the City
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: LAND USE AND DEVELOPMENT COMMITTEE MEETING OF JULY 29,2015
A Land Use and Development Committee meeting was held on July 29,2015. Land Use
Committee Members in attendance were Commissioners Joy Malakoff and Ed Tobin.
Commissioners Micky Steinberg and Michael Grieco were also in attendance. Members
from the Administration, including, Jimmy Morales, Thomas Mooney, RaulAguila, Margarita
Wells, Eve Boutsis, Eric Carpenter, Saul Frances, Michael Belush, and Rogelio Madan, as
well as members of public, were also in attendance. Please see the attached sign-in sheet.
The meeting was called to order at 11:02 AM.
1. DISGUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND GHAPTER 142
OF THE CITY CODE.
(coNTtNUED FROM THE JUNE 17,2015 LUDC MEETTNG
SPONSORED BY GOMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 20{4 CITY COMMISSION MEETING, ITEM C4O)
VERBAL REPORT
MOTION: The item was removed from the agenda by Acclamation.
2. DISCUSSION ON THE COLLINS CANAL PROJECT.
(RETURNTNG FROM THE MAY 27,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
SEPTEMBER 10. 2014 CITY COMMTSSTON MEETING, ITEM RgG)
VERBAL REPORT
AFTER.ACT!ON:
Eric Carpenter provided a brief presentation on the interim project.
MOTION: Continued to the November 18,2015 meeting by Acclamation.
3. a) ANNUAL EVALUATION OF PARKING IMPACT FEE STRUCTURE.
(RETURNING FROM THE MAy 27,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
Agenda ltem C GA
Date /-J-/-F251
Repoft of the Land Use & Development Committee Meeting of July 29, 2015
Page 2 of 2
SEPTEMBER 17. 2014 CITY COMMISSION MEETING, ITEM R7E)
VERBAL REPORT
MOTION: Continued to the September 9,2015 meeting by Acclamation.
b) DtscusstoN REGARDTNG THE PHTLOSOPHY BEHTND PARKTNG IMPACT FEES
(RETURNING FROM THE MAY 27,2015 LUDC MEETING
SPONSORED BY COMMISSIONER JONAH WOLFSON
NOVEMBER 19. 20{4 CITY COMMISSION MEETING, ITEM C4J)
VERBAL REPORT
MOTION: The item was removed from the agenda by Acclamation.
4. DISCUSSION REGARDING SEAWALL CONDITIONS, ENCROACHMENTS
INTO PUBLIC PROPERTY FOR PRIVATE USE.
(RETURNTNG FROM THE MAY 27,2015 LUDC MEETING
SPONSORED BY CITY GOMMISSION
FEBRUARY 1{.2015 CITY GOMMISSION MEETING, ITEM C4J)
VERBAL REPORT
AFTER.ACTION:
Eric Carpenter introduced the item.
Commissioner Tobin expressed concerns over the funding of seawall improvements.
Raul Aguila discussed the possibility of funding sea wall improvements using storm water
management funds.
MOTION: Continued to the September 9,2015 meeting by Acclamation.
5. DISCUSSION REGARDING THE PROVISION OF RENEWABLE ENERGY SOURCES
IN NEW CONSTRUCTION PROJECTS.
(CoNTINUED FROM THE JUNE 17,2015 LUDC MEETING
SPONSORED BY COMMISSIONER MICKY STEINBERG
MAY 6. 2015 CITY COMMISSION MEETING, ITEM C4H)
AFTER-ACTION:
Margarita Wells introduced the item and the need for LEED Standards.
Rogelio Madan described the details of the Ordinance amendment and statistics regarding
the average size of homes within the City.
Commissioner Steinberg described the process that has been undertaken to develop the
Ordinance.
Committee members discussed the scale of buildings to which the LEED regulations would
apply.
MOTION: 2-0 (ET/JM)
Recommend that the City Commission refer the Ordinance to the Planning Board with a
modification that the LEED requirement applies to construction 7,000 SF and over, and that
focus groups be held with construction professionals.
252
Repoft of the Land Use & Development Committee Meeting of July 29, 201 5
Page 3 of 3
6. SIDEWALK CAFE OCEAN DRIVE UMBRELLAS
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY,"
ARTTCLE lV, ENTITLED "USES lN PUBLIC RIGHTS-OF-WAY," DIVISION 5,
ENTITLED "SIDEWALK CAFES," SUBDIVISION 2, ENTITLED "PERMlr," BY
CREATING SECTION 82.389, ENTITLED "ADDITIONAL MINIMUM STANDARDS,
CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES ON OGEAN
DRIVE BETWEEN sTH STREET AND 15TH STREET" TO PROVIDE MINIMUM
STANDARDS FOR UMBRELLAS AND AWNINGS, REQU!RE REGULAR
MAINTENANCE OF UMBRELLAS, AND PROVIDE PROHIBITIONS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
(GoNTINUED FROM THE JUNE 17,2015 LUDC MEETING
SPONSORED BY CITY COMMISSION
MAY 20. 2015 CITY COMMISSION MEETING, ITEM RsB)
MOTION: Continued to the October 7,2015 meeting by Acclamation.
7. DISCUSSION REGARDING GRADE ELEVATIONS FOR NEW CONSTRUCTION.
(RETURNTNG FROM THE JUNE 17,2015 LUDC MEETING
SPONSORED BY CITY COMMISSION
JUNE 10. 2015 GITY COMMISSION MEETING, ITEM C4E)
MOTION: Continued to the October 7,2015 meeting by Acclamation.
8, DISCUSSION REGARDING TRAFFIC STUDIES.
(RETURNTNG FROM THE JUNE 17,2015 LUDC MEETING
SPONSORED BY COMMISSIONER MIGKY STEINBERG
JUNE 10. 2015 CITY GOMMISSION MEETING, ITEM C4H)
AFTER.ACTION:
Thomas Mooney introduced the item.
MOTION: 2-0 (ET/JM)
Continue the item to the September 9,2015 meeting and recommend that the City
Commission refer the item to the Planning Board.
9. PROPOSED REVISIONS TO CHAPTER 126 OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, PERTAINING TO LANDSCAPING AND
MINIMUM STANDARDS FOR THE LANDSCAPING OF PRIVATE PROPERTIES AND
ADDING A REQUIREMENT FOR A TREE SURVEY PRIOR TO THE ISSUANCE OF A
DEMOLITION PERMIT.
(RETURNTNG FROM THE JUNE 17,2015 LUDC MEETING
SPONSORED BY GOMMISSIONER JOY MALAKOFF
JUNE {0. 2015 CITY COMMISSION MEETING, ITEM G4I)
AFTER.ACTION:
Thomas Mooney introduced the item.
253
Report of the Land Use & Development Committee Meeting of July 29, 2015
Page 4 of 4
Commissioner Malakoff requested that GTAG's amendments be incorporated into the
Ordinance.
MOTION: 2-0 (ET/JM)
Continue the item to the September 9,2015 meeting.
10. AMENDMENT TO CHAPTER f 30 OF THE LAND DEVELOPMENT REGULATIONS
TO MODIFY MINIMUM REQUIREMENTS FOR OFF STREET LOADING SPAGES.
(RETURNTNG FROM THE JUNE 17,2015 LUDC MEETING
SPONSORED BY COMMISSIONER DEEDE WEITHORN
JUNE 10.20{5, ITEM C4J)
AFTER.AGTION:
Thomas Mooney introduced the item.
MOTION: 2-0 (ET/JM)
Recommend that the City Commission refer the proposed Ordinance to the Planning Board.
11. DISCUSSION: LEGAL OPINION CONCERNING WHETHER A VACANCY ON THE
HISTORIC PRESERVATION BOARD RENDERS THE BOARD IMPROPERLY
CONSTITUTED AND WITHOUT POWER TO ACT, AND TO DISCUSS AN
AMENDMENT TO SEC.2-22(21) TO REQUTRE THE MAYOR AND CITY GOMMTSSTON
TO FILL BOARD VAGANCIES WITHIN 90 DAYS.
(RETURNING FROM THE JUNE 17,2015 LUDC MEETING
SPONSORED BY VICE-MAYOR JONAH WOLFSON
JUNE 10. 2015 CITY COMMISSION MEETING, ITEM C4M)
VERBAL REPORT
MOTION: Continued to the September 9,2015 meeting by Acclamation.
12. DTSCUSSION REGARDING AMENDING THE CITY GHARTER AND CITY CODE TO
PROVIDE THAT, INSTEAD OF THE BOARD OF ADJUSTMENT, THE GHIEF
SPECIAL MASTER SHALL HEAR AND DECIDE APPEALS FROM, AND REVIEW,
ANY ORDER, REQUIREMENTS, DECISION OR DETERMINATION MADE BY AN
ADMINISTRATIVE OFFICIAL GHARGED WITH THE ENFORCEMENT OF THE
ZONING ORDINANCE OF THE GITY OF MIAMI BEACH.
(spoNSoRED BY VICE MAYOR JONAH WOLFSON)
JUNE 10. 2015 CITY COMMISSION MEETING, ITEM RgL)
VERBAL REPORT
MOTION: Continued to the September 9,2015 meeting by Acclamation.
13. DISCUSSION REGARDING RFP FOR ELECTRIC VEHICLE CHARGING STATIONS
FOR CITY PARKING FAGILITIES.
(SPoNSORED BY C!ry COMMISSION
JULY 8. 2015 CITY COMMISSION MEETING, ITEM G2B)
254
Report of the Land Use & Development Commiltee Meeting of July 29, 2015
Page 5 of 5
AFTER.AGTION:
Margarita Wells introduced the item.
Rogelio Madan described the details of the Ordinance.
Members of the public addressed the Committee.
Saul Frances made suggestions regarding the applicability of the Ordinance.
MOTION: 2-0 (ET/JM)
Recommend that the City Commission refer the Ordinance to the Planning Board with an
amendment establishing a minimum applicability requirement, and the amendments
recommended by Commissioner Steinberg.
14. DISCUSSION ON A PROPOSED ORDINANCE AMENDMENT TO MODIFY THE
MINIMUM FRONT AND SIDE SETBACK, AND MINIMUM PERVIOUS AREA
REQUIREMENTS FOR SINGLE FAMILY HOMES, AS WELL AS SIMPLIFYING THE
REGULATIONS PERTAINING TO THE CALCULATION OF UNIT SIZE AND LOT
COVERAGE.
(spoNSoRED BY COMMTSSTONER JOY MALAKOFF
JULY 8. 2015 CITY COMMISSION MEETING, ITEM C4G)
AFTER.AGTION:
Thomas Mooney introduced the item and described the details of the proposed Ordinance.
Commissioner Grieco had concerns over the size of homes and speculative development.
Members of the public addressed the committee.
Commissioner Tobin suggested that focus groups be held to study the proposed Ordinance.
Commissioner Tobin expressed concern with smaller lots.
MOTION: 2-0 (ET/JM)
Continue the item to the September 9,2015 meeting. The Administration was instructed to
identify homes constructed in accordance with recently adopted regulations.
15. DISGUSSION PERTAINING TO MAIN USE PARKING STRUCTURE HEIGHT LIMITS
ON TERMINAL ISLAND.
(SPoNSORED BY ClrY COMMISSION
JULY 8. 2015 CITY COMMISSION MEETING, ITEM G4D)
VERBAL REPORT
AFTER.ACTION:
The City Manager provided an overview of the item.
Michael Larkin addressed the committee on behalf of Fisher Island.
MOTION: 2-0 (ET/JM)
Continue the item to the September 9,2015 meeting.
16. DISCUSSION REGARDING ADDITIONAL HEIGHT !N THE ALTON ROAD PARKING
DISTRICT FOR PROJECTS THAT PROVIDE STRUGTURED PARKING.
(SPoNSORED BY COMMISSIONER JOY MALAKOFF
JULY 8. 2015 CIry COMMISSION MEETING, ITEM C4F)
VERBAL REPORT
255
Report of the Land Use & Development Committee Meeting of July 29, 201 5
Page 6 of 6
AFTER-AGTION: Continued to the September 9,2015 meeting by Acclamation.
17. DISCUSSION REGARDING WITHDRAWING THE PROPOSED ORDINANCE
ASSIGNED FILE NO(SI.: 2233, 2234, AND 2235 (ALL RELATED TO ALGOHOL
BEVERAGE REGULATTONS) FROM THE PLANNTNG BOARD',S JURISDIGTION.
(spoNSoRED BY COMMISSIONER JONAH WOLFSON
JULy 8. 2015 CtrY COMMTSSTON MEETING, ITEM RgS)
AFTER.ACTION:
Thomas Mooney introduced the item.
Members of the public addressed the committee.
MOTION: 2-0 (ET/JM)
Prepare an overlay study for alcoholic beverage establishments along Alton Road, within the
West Avenue Area and bring the study back to the Land Use and Development Committee
on September 9, 2015.
MOTION: 2-0 (JM/ET)
Recommend that the City Commission refer the draft Ordinance amendments for Chapter
114, 142, and Option A for Chapter 6, with the recommended amendments to the Planning
Board.
nfih
JLM/TRM/RAM
M:\$CMB\CCUPDATES\Land Use and Development Committee\2o15\July 29, 201s\Report of the July 29, 2015 LUDC Meeting.docx
256
'\ i ( 'i.?*1, rU
oo
IIJtoo
J
=I
IIJ
.\
\)
.l+<*+
G)
N
F{J>t
l
)
--:..{\
'1
!_.
,s)
c)
(
ll
\
Cr
(:
Q,
€
)a
G)
{
I
\r(<)S
t
L]
\l
\
s
t\-\
@
L
:J.
YV
(
,.-}
I
E
<-
e)
a
af{
:!.=*
)
"f.
:>,:
..P
._J
e)
N\)
-AJ
\5J r-.),'-;
=
l.=
._s
<_
tra>S
.\
-\{)*
j
\
a)
(
)-
*-\-
S(J
-"1t
t
J
,5S-+
a)
,{s
)-J-s
,.d
\
o\'(
\
N
@
')
NJ\
tSt
\
!
i
{
\
\t:
@
I)t
\
\.'J
a:
\-((
-
,.1,
c)
+g
l-
E{
Jy1..
J.F
-l
G)
n
,-i-=
io
L
o;
-\s
INu_
-Y
)
rfi
i
),)
),
{t
@)0
J))I
D
[<
s,
s.lr
t
<)
c')
5
,>-
G)
€F
)A-L
19
at-oP
,t2
q
i.1..-;1:
.(
\)
Q)
a/{.
N4.c
\5
v
X
,iJ)2A.l
1*
F
a)
,)
J)x
i 1,,
c-J,2
)o
C\
-cI
d
,
G)
\)>
\,
.{u
n/-
{'
o
tu
\
0
N
@
"!
N
S.
sL
oz
UJ(,
u-{+<F(Jq=
fi9o=
HH
Pd
!
U'
=
n
tr
UJ
m
=fz
Fo
Fzoo
$
I-t
.D<
i
O
\)
R
1J-
t\
a,
Cd
r+.,
"C
r^i
J
(';
l*i
(-
1J
atr\
p
f-l
-Dr\
c\
l-\o
l')
\n
\l\o
1
-0
\n
,J
FOtr
'J.
,lr\-
-l
I
\7'
$
"t\\s-\-.S
N\q)
+
\
lF
f-.'[)
cS
I
,*ry
-\9'--t"
1--
rn
(()
ll+'\
v
\
I
!l
V\\
')
tN
\
tr
f--
\^
\-
c..'\)
rrl
its
.lp
\s:
\(-t
\'(\
(--
rt-
\
h\
r.f.u
J
N
i
,o
un1
"/)L
,{
,:)
T
)
ur
C
,,2
oo
\r.
OJtn
I
(,*A
aJ
I
.t9
Aof
nr
ol
,..\l
II
,/)
14r)
0a,
D
:5
r l\l
,1-tl
"-
Cr'\
\S
iEf
r\
?aIAA
sts-o
?.
r'
\
\
N
a
N
$..\
0
M otr(u
oof
EcoJ
U)t!F
o(L
foo
@
=o@
IJJ
=z
>/-
"Jdn-t\
['
..5dri
;
t
s.
.t
\L
{,l
-s
I"t\
c.i
J.\
)
}
I\
'ts
.{3N
co
.J\-q
-_93T
{.;3
cd
(o
\
"S\
s
.S
(
Y')
J
F-
\Yn[
T
r
"\5
=5
s-
!/-\
o,ci
L\
\-\
'\J
\-r
t_
\,
J
)\
-
!-z(t
s=t
a
c.i
!...*\\o
:
S
c"j
),2
\9
A-+I
)a
o
J-a,
E
+r
cp.E
Ft
(o
')J\:'\\\-,\.
-.-)(/
T
'1
c-i
J
\J
t-
-)(.
t),-\
-l
'-\i\.f
)
d
<
a)
\Je-
-{
A
t'v
o,
)
\
$
\i
oc{
xo
,a;
(\
oo-cU)
:E
E
.sro
ro
oN
oc)
=E
Eoo
c
0)
Eo.
-9o
oo
oz
tr
tU
Lu
=tU
r.u
Fa
=$n,1 coU-E IFEO 661s I
=R B E
H 2^.F E\r.-=LJ5 t or.IJ -o tHr
OOz
IU
U)f
oz
257
J
-{
o
U'
IIJtroo
J
=I
IJJ
Jr
g.J
\
$-(\
s
{
@)
a-\(J
s.
s
,')
'!
!
+g
or
a)
N\l
(J
J5
G)G)G)G)@ G)a)
s-\tL
i:5ir
@
d
qI-
c,
s
v.E
'-l
.i
a)
9
_j
C
'-)
--\t\l's
s
($I
C).\-
a)
+
]
;-\J
)
r
U)J
\
a)(
i.lN\J.\i
Is
\
\
$
$
a)
$
-l
e
C
s-
tss:
i\
\a
c--a
c)
-s
\.)
\st
\('
1\
G)
r\
q$
1
G)
t\,\ :
J,_]t'rvl(.
:
13
N
L-q
a)
t
U+l//>
€
<5
F
\rl\A;
--)Irr 'rl
XS
lrS
G)
I i.,\)\)
"J
I
r-t
.\:
d\'\
.. d\.\
o-\
Sv
c\--':-
)a-hl
:S,
Y\\-
X()
,r;
N
0,
o)
o
;
.9)o(,
oNoo
E
Eoo
o)
Eo.
-9o
oo
Ec(E
o)ol
EcoJoutF
=
[J
I
c
u4
=o=2.Jui
JOI<Iq
z=,
^IJ E
#n
:uJ
I
2
B
\\\
tr
uJ
m
=fz
Fo
Fzoo
N
N
\
"r!'\
/"\
{L(:.l
x(
"t
r.\-
,t )
C)c"6
^a\()
\
\\,\
,a\
\4in
\t\^
(/'t)
\|
\fr
C
:"rir
Irt
I
L
*
jr
'f
{')
-a
t\^
O
Lr'
fi
{
c
tA
..i-
\JJ
,i
r\
\
V'trr
-j)
-\<-)
(---
lrr',.C
N
-J(
sl J
\p
I
\rl()
.l
\L
f-(-
I,l\-zt
-S\rrt
C
$\r
.\J
;
0(
T
Vocn
a\
\\\
I
NN
\
N
€N
NrA
OoStr-\-
Ltl
M,a
(!
t
\
t
S
!
'0(tr
<l
rT
I
r
-l
(
(-
)
GS
M
N,sN
An
u
(J
m
fr
\\td
\a
\
N
h\
(-)
\>\\.t
'r\t3
\s
CC
I!
=z
N
,-\
\
*N-\;
a\
L
(
(-i
1Lz
I
C
e
NAl
o
\\\
S
:
c
"t
\
c.jN
t\\5=t
a.-\
\-
C..\
stN
--r-.J
c--q
U
q
dN
\
N-J
:
f+u
\9
(o
N
t
Ua:?
v
-\.
\}--f-J
IrN
?
)
J
AJ
xiN
:-,4\
e
-^)\-)
t"/
C
oiN
T\._a
a--l:f
-
:
o
cf)
3
0.,*
Y
1ql
l.,<
-(a
eh-n
{
=
-q)>)/
-i
+
r-CS<
c.i(r)
-sa'(
q
al
-=*(-
-)1
(f)(9
$
\
G
\.
SI
\\
s
st
(f,
S
_3a.
-s?
Crq
.D
(-
-g
r()
(f,
-J\
\
-I
C\
a.
q
F
(o
(f)
r
5
3C/,'/
F-
(f)
.\
Y,
{s
as
=+.+\s.-a.
d(o
\i
\u
In
UJ,\
J
oi(o
\{i
rL
f'.4\\
\
\--S
:osl
oz
tr
IU
I.U
]U
lU
Fg.
=-o1,-+J/1 coSuoE IFEO 6fr1s I
=R
B EH 2"'F E\rr-=LJ5 t ollJ -o E
HaoOz
tU
U)f
oz
258
i',,,",,'',.".,'',,,, mW_ /e;"n
OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM
TO: Mayor and Commission
FROM: Jimmy L. Morales, City Manag - 7#
DATE: September 2,2015
SUBIECT: MEETING OF THE SUSTAINABILITY AND RESILIENCY COMMITTEE (SRC) ON
WEDNESDAY, JULY 22, 2015
A meeting of the Sustainabilityand Resiliency Committee was held on Wednesday, July 22,2015,in
the Commission Chambers, 3rd Floor of City Hall. Commissioners in attendance: Commissioner
Michael Grieco, Commissioner Micky Steinberg, Commissioner Deedee Weithorn and Commissioner
Joy Malakoff. Members from the administration and the public were also in attendance
Meeting was called to order at 5:06 PM
1. Mayor's Blue Ribbon on Flooding and Sea Level Rise
AFTER.ACTION:
Scott Robins, Committee Chairman presented the item. Mr. Robins deferred the update to Bruce
Mowry, City Engineer who gave an overview of the current projects that the City has. Mr. Mowry
began with explaining the current status of the Sunset Harbor area and the ongoing progress of
raising the roads. Commissioner Grieco inquired as to the type of response that was received
from the adjacent business. Mr. Robins stated that although there was some initial concern as to
how the concept would work; however, as the project has been implemented, feedback from the
community has been positive.
Mr. Mowry stated that the FDOT work along Alton Road is estimated to be completed in October
which is past the original deadline date.
Mr. Robins added thatAECOM has given us preliminary code modifications. These modifications
included the listing of seawall minimums to a height of 4' NAVD for private properties and 5.7'
NAVD for public. He also informed the committee that the architect, William Lane has been hired
to develop a number of designs to beautify pump stations
MOTION: No further action taken.
2. Sustainability Committee Update
Dave Doebler, Sustainability Committee Chairman presented the item. He provided an update of
the July 16,2015 Sustainability Committee Meeting. The Committee discussed litterand recycling
concerns.
Elizabeth Wheaton, Assistant Building Director, clarified that the recycling bins on the beach are
managed by Miami-Dade County.
Mr. Doebler explained to the committee that there is a program in which ashcans can be set up
NV"e Cre;cmmiileC tc ptc,;i r,l =r:eiie,,r Lrrtriic jerric3 lnd s,:ierv tC all ,nl,c li ,e *or,< :tnd 61a', i1_r ;1.,, ;iii3ri ,r3o;cri r4g"n6, llem C (. B
Torequestthismaterial inaccessibleformat,signlanguageinterpreters,informationonaccessforpersonswithdisabilitier na t./
review any document or participate in any city-sponsoied proceeding, please contact 305604-2489 (voice) or 305-673-721 Date Tzla \
initiate your request. TTY users may also call 71 1 (Florida Relay Service).259
3a.
throughout the City to minimize cigarette butt litter.
Commissioner Grieco inquired about how Mr. Doebler recommends approaching the publicwith
these types of issues. Mr. Doebler responded that proper education and accessibility to
containers are important.
MOTION: No further action taken.
Discussion Regarding the Provision Of Renewable Energy Sources In New Construction
Projects and Green Building Practices in New Construction Projects.
Commission ltem C4G, April 15,2015
(Requested by Commissioner Steinberg)
AFTER-ACTION:
The item was presented by Rogelio Madan, Principal Planner. He explained that the ordinance
was revised from the last time it was presented. lt now includes two levels of LEED that are
considered for development, Silver and Gold. Additional revisions will be included for existing
buildings. Penalties would be given to projects that don't comply with these standards. After a
fifteen month period, a progress report would be provided to help make the determination as to
whether the program should be further modified.
Commissioner Weithorn inquired on whether penalties would be distributed if property owners do
not comply with the program after the fifteen month period. Mr. Madan stated that a fee would be
added based on the cost of construction but noncompliance does not increase this fee.
Commissioner Weithorn recommended that additional penalties be issued to properties that elect
not to obtain any level of LEED certification. The ordinance provides that properties can pay a
fee in lieu of obtaining LEED Gold certification. The proposed fees could be increased to further
incentivize properties to construct to LEED standards.
Ms. Wheaton clarified that this ordinance was developed with the input of many entities that
ranged from architects, historic preservationists, and staff from several city departments.
Members of the public addressed the committee.
MOTION: ltem to be discussed at the July 29, 2015 Land Use and Development Committee with
an amendment to the penalties and the addition of the requested square footage data.
Moved by Commissioner Steinberg, seconded by Commissioner Weithorn.
Referral Regarding The lncorporation of Green Roofs ln Future Building Projects.
Commission ltem C4D, June 10, 2015
(Requested by Commissioner Grieco)
AFTER.ACTION:
Item 3a and 3b have been combined as a single item.
Referral Designating A Department Or Specific Employees to Develop And Oversee Sound
And Comprehensive Policy Regarding Climate Change
Commission ltem C4G, June 10, 2015
(Requested by Commissioner Tobin)
MOTION: ltem deferred to the September 9,2015 Sustainability and Resiliency Committee to
provide Commissioner Tobin with the chance to discuss.
3b.
4.
260
5.Discussion Regarding the lncorporation of Green Alleys
Commission ltem C4E, July 08, 2015
(Requested by Commissioner Weithorn)
AFTER.ACTION:
Item presented by Elizabeth Wheaton, Assistant Building Director. Alleys are stated to be a part
of a larger green infrastructure program. She stated that elements in green alleys allow for storm
water management, which includes the installation of additional landscaping and impervious
surfaces. The amount and location of utility lines and the low nature of the city will need to be
considered as a program is developed. She added that incentives could be implemented to
promote private properties to also adopt this initiative.
Commissioner Weithorn added that she would like to implement a pilot project in an alley and
should require as many green alley elements as possible in new development. She added that
incentivizing private alleys can also further promote this green practice and add beautify an area
that is normally not cared for.
Commissioner Grieco expressed the possible impact to alleys utilized for commercial uses such
as deliveries. Commissioner Weithorn responded that research into other cities that have
followed these practices will provide insight on how to attend those concerns.
Raul Aguila added that there are many ways to impose these practices. Mr. Madan clarified that a
revision to the design review process can allow for the consideration of green alleys.
Members of the public addressed the committee.
MOTION: Amend the design review criteria to include a green alley component as a condition of
approval. This motion will also include the consideration of a green alley as a part of the Lincoln
Road Master Plan.
Moved by Commissioner Weithhorn, seconded by Commissioner Malakoff.
Referral Regarding Gharging Stations for Plug in Vehicles
Referral from Commission ltem C2B, July 08, 2015
(Requested by Commissioner Stei n berg)
AFTER.ACTION:
Elizabeth Wheaton provided a brief overview of the item which includes researching other
municipalities that encourage charging stations in new development. The item will be heard at the
July 29, 2015 Land Use and Development Committee.
MOTION: ltem deferred for further discussion to the September 9, 2015 Sustainability and
Resiliency Committee.
Meeting Adjourned at 6:11 PM
6.
l\^^
JLM/MT/BSWATP
261
THIS PAGE INTENTIONALLY LEFT BLANK
262
OFFICE OF THE CIry MANAGER
TO: Mayor Philip Levine and Members of the City Commission
COMMISSION MEMORANDUM
FRoM: Jimmy L. Morales, City Manag * ruZ bDATE: August 12,2015 ( /
SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE (NCAC)
MEETING ON FRIDAY, JULY 31,2015
A meeting of the Neighborhood/Community Affairs Committee was held on Friday, July 31,
2015 al 2:00pm in the Commission Chamber, 3rd Floor of City Hall. Commissioners in
attendance: Commissioners Michael Grieco, Joy Malakoff, Micky Steinberg and Ed Tobin.
Members from the administration and the public were also in attendance.
THE MEETING OPENED AT 2:10 P.M.
1. Report From Miami-Dade County Public Schools On The Status Of The Action
Plan Related To Nautilus Middle SchoolAnd Progress Date.
Commission ltem RgE, October 22, 2014
(Requested by Commissioner Tobin)
AFTER-ACTION
Dr. Leslie Rosenfeld, Chief Learning Officer, presented this item. This is the fourth
follow-up to an action plan that was presented to the commission in June 2014. Sally
Alayon, North Region Director for M-DCPS, presented on behalf of Nautilus Middle
School Principal Rene Bellmas, and informed the committee that Nautilus was still
waiting for Florida Standards Assessments (FSA) results and the school's climate survey
results. Sally Alayon also updated the committee on one of the new initiatives between
FIU's ACCESS work groups and Nautilus Middle School. Currently the ACCESS group
and Nautilus are collaborating on a curriculum called "Habits of the Mind" - which builds
on character, problem solving and critical thinking skills. At the time, Sally Alayon said
the principal was at an ACCESS work group training, representing his school with a
group of his teachers. The school will implement this curriculum in the upcoming school
year. For the 2015-2016 school year, FIU will continue to provide feedback in the form of
instructional reviews.
Sally Alayon said that tutoring had expanded, specifically afterschool and on the
weekends, and provided some quantified statistics. ESOL and reading tutoring averaged
60 participating students, algebra tutoring averaged about 9-'10 students a session every
day after school, and Saturday tutoring (January through April) averaged 55 students.
Sally Alayon noted that the school provided busing for Saturday tutoring. Additionally,
Sally Alayon informed the committee that from the 2013-2014 school year to the 2014-
20'15 school year, there was an overall decrease in disruptive behaviors from 316
Agenda ltem L)OC
Date ?-2-/f263
incidents to 206 incidents. Defiance of school personnel dropped from 252 incidents to
134 incidents. Students failing to comply with class rules dropped from 166 to 98. lndoor
suspensions dropped from 214 incidents to 86 incidents. Lastly, outdoor suspensions
dropped from 161 incidents to 53 incidents.
Commissioner Malakoff asked about how the teens relate to the Teen Club tutors. Sally
Alayon said the tutors are hired by the school and they are not Teen Club staff.
The only scores available were results from both algebra and biology end-of-course
exams. Sally Alayon prefaced that these were high school level courses given to middle
school students. That being said, Sally Alayon said the scores indicated that 90% of
students passed the exams in algebra and biology.
Sally Alayon informed the committee that the school is pushing teacher development in
science, technology, engineering and math (STEM), as well as working to enhance the
performing arts program. The school is adding two new chorus classes, two theater
classes, two production crew classes, and one new Spanish teacher to compliment the
lB program.
The school also has a wellness program, and the Division of Social Sciences has now
made it adaptable for students with physical impairments to participate in Physical
Education through technology.
Commissioner Steinberg asked Sally Alayon what she considered that the biggest
obstacle for the upcoming school year would be. Sally Alayon said that the school needs
to make sure that the teachers are well prepared to lead their students as they raise the
curriculum.
Dr. Leslie Rosenfeld said the City is supporting that effort with the City's lB conference
(set to take place August 17th and 18th), where about 7Oo/o of Nautilus teachers are
participating in the conference.
NO ACTION TAKEN.
2. Discussion Regarding The Status Of City Funds Given To The Wolfsonian-FlU
Museum.
Commission ltem C4M, April 15,2015
(Requested by Commissioner Tobin)
AFTER.ACT!ON
Tim Rodgers, Director of the Wolfsonian, presented this item. Tim Rodgers said he
would be looking into the reinstallation of a permanent collection. The Wolfsonian stores
180,000 objects in their warehouse. Tim Rodgers said the current collection revolves
around the highlights, but that he would like to reorganize the first floor to be the history
of art deco on Miami Beach. Tim Rodgers said this artwork would always be on display,
and not rotate. The other floor would be reorganized to link current life to the early part of
the 20th century, and highlight the causes of events revolving the environment and
industrialization. Tim also said that there would be an expanded education space.
Rene Gonzalez, architect to the project, took the committee through the conceptual plan
of the Wolfsonian Museum. Rene Gonzalez said the plan is to open up the ground floor
264
3.
and create integration to the City, so as to invigorate Washington Avenue.
DIRECTION: Come back in 6 months to present an update.
Discussion Regarding Status of Beach Chair Lock Boxes For Valuables.
Commission ltem C4P, February 11, 2015
(Requested by Commissioner Tobin)
AFTER.AGTION
Max Sklar, Director of Tourism, Culture, and Economic Development, presented this
item. Max Sklar reminded the committee that at the last NCAC meeting, the Boucher
Brothers were in the process of getting new lockboxes. The lockboxes are now 6 weeks
away from coming in. In the meantime, Max Sklar said the signage that Commissioner
Tobin requested would be placed on the beach within a week's time.
NO ACTION TAKEN.
Discussion Regarding Bicycle Parking Locations And Adding Attractive Bike
Racks Throughout The City.
Commission ltem C4H, July 23, 2015
(Req uested by Com missioner M al akoff)
AFTER.ACTION
Xavier Falconi, Senior Planner for the Transportation Department, presented this item.
Xavier Falconi informed the committee that the Transportation Department had met with
the Historic Preservation Board, Design Review Board and the Art in Public Places
committee, since the last NCAC meeting. The Design Review Board said they would like
to choose the design for the bike racks based on a contest which is open to the public.
Both the Historic Preservation Board and the Art in Public Places committee said they
would prefer to stay with the current U-shaped bike racks.
Xavier Falconi presented a few options. The first option would be to select a design from
the memo, beginning on page 14 of the agenda packet. The second option would be to
select an artist, and the third option is to host a contest, as suggested by the Design
Review Board.
Commissioner Joy Malakoff said that if both the Historic Preservation Board and the Art
in Public Places committee would prefer the inverted U-shape design, then the city
should stick with the current design.
MOTION: By Commissioner Steinberg to continue with the inverted U-shaped bicycle
racks designs. Unanimous approval.
Discussion Regarding The Lack of Availability Of Public Parking At 46th Street And
Collins Avenue.
Commission ltem C4O, February 11, 2015
(Requested by Commissioner Steinberg)
And
Discussion Regarding A Gompetition Swimming Poo!.
4.
5.
265
6.
Commission ltem C4K, June 10,2015
(Req uested by Com missioner Mal akoff)
AFTER-ACTION
Saul Frances, Parking Director, presented this item. Saul Frances informed the
committee that ClP, the Parking Department, and the Parks and Recreation Department
had met since the last NCAC meeting and determined that there were preliminary issues
which require direction. From a parking perspective, Saul Frances said he would like to
maximize the number of spaces in the garage. The type of facility it turns out to be will
determine the amount of parking that is needed.
Commissioner Tobin said that 46th street location did not have to be the location of the
Olympic-size swimming pool and inquired if there were other places besides the beach.
John Rebar, Parks and Recreation Director, said they are ready to study other options,
but will focus on this location first.
Commissioner Malakoff said that this site was being considered a location because the
base of the parking garage could have lockers and restrooms for the swimmers, and the
pool could be built on an open space with a view to the ocean. Saul Frances said that
whether the pool would be on a flat space or not was another component of the direction
they needed.
Assistant City Manager Mark Taxis noted that there is a difference between a
competition swimming pool and an Olympic-size swimming pool. John Rebar said that
the motion from the Parks and Recreation Board specifies 50 meters, which is the length
of an Olympic-size pool. A competition pool would be 25 meters in length. John Rebar
said he would need direction in regards to that, and also inquired whether there would
be a dive wall component. Commissioner Joy Malakoff recalled that the swimming coach
from the high school requested a competition sized pool with blocks and a diving
component. John Rebar said that the advisory committee specified they wanted a 50
meter pool, Olympic-size pool.
Commissioner Grieco said Park and Recreation should look into expanding the
Normandy lsle pool.
DIRECTION: Commissioner Tobin said to come back in September with options for both
an Olympic and a competition size pool.
Discussion Regarding Amending Chapter 74 Of The Code Of The City Of Miami
Beach, Entitled "Peddlers And Solicitors," By Amending Article lll, Entitled
"Panhandling On Public Property," To Provide Additional Areas Where
Panhandling ls Prohibited; Providing For Repealer, Severability, Codification, And
An Effective Date.
Commission ltem C4B, July 8, 2015
(Req uested by Com missioner Wolfson)
AFTER.ACTION:
Maria Ruiz, Director of Housing and Community Services, presented this item. Maria
Ruiz said this item was driven by the number of complaints received, especially by those
along the Washington Avenue corridor and those along the Ocean Drive corridor. Maria
Ruiz said that homeless approach tourists/ passersby/ or residents and restaurants for
266
7.
soliciting purposes, and many times tourists/ passersby/ or residents find themselves
having to come off the sidewalk and onto the street to try and avoid the person. The
specific change to the ordinance identifies certain areas in the city which are critical to its
economic health, such as Lincoln Road, Ocean Drive, Washington Avenue and Collins
Avenue from South Pointe Drive to 17th street, and further north from 63'd to 75th streets.
Maria Ruiz said the ordinance prohibits people from panhandling in these zones.
MOTION: By Commissioner Grieco to move in favor of the ordinance which prohibits
panhandling in areas of the city which are critical to its economic health. Unanimous
approval.
Discussion And Update Regarding Undergrounding Of FPL Lines In The Venetian
lslands And Citywide.
Commission ltems RgU R70, July 8, 2015
(Requested by Commissioner Tobin)
AFTER-ACTION
Eric Carpenter, Public Works Director, presented this item. Eric Carpenter said the
Venetian lslands Homeowners Association has taken the initiative to engage an
engineering firm to come up with preliminary plans to try and get FPL and the City to
sign off on transformer locations. The City got the plans last week and sent them back to
the homeowners association with edits. The homeowners association is currently looking
at revising the City's comments. Eric Carpenter said FPL has sent over the guidelines
they are looking to accomplish in this process, and also said that everyone is working
collectively to move fonruard with this issue.
ln anticipation of any questions, Eric Carpenter said that Public Works calculated the
cost of citywide undergrounding. Eric Carpenter said, based off 140 miles of streets and
33 miles of alleys and assuming there would not be any duplication (underground would
either occur on the alley or on the street), it would cost $400 per linear foot for FPL. Eric
Carpenter noted FPL is only 60% of the overall cost. The ball park estimate for citywide
undergrounding is $500 million.
NO ACTION TAKEN.
Discussion Regarding Options For The Relocation Of The 21"1 Street Teen Center.
Commission ltem C4A, July 8, 2015
AFTER.ACTION
John Rebar, Parks and Recreation Director, presented this item. John Rebar provided
some background information regarding the necessity of the relocation of the Teen Club
at 21"t street recreation center, and attributed the construction of the new Convention
Center as the reason. John Rebar prefaced the conversation by informing the committee
that all of the current options for the relocation had their downsides.
The first option is to move the teens to the Flamingo Park PAL building. Currently PAL
uses 50% of the building, and Parks and Recreation uses the other 50% of it - mostly for
an after-care program of elementary age students. Parks and Recreation could move the
elementary aged students to the Scott Rakow Youth center, and move teens to the PAL
building. One major issue with this solution is that the venue would not have the capacity
to serve the same number of children for summer camp; Parks and Recreation would
8.
267
9.
need an additional site for the summer camp. Other issues include that many of the
Flamingo Park parents walk to pick up their kids, so the city may have to look into
transportation to drive the kids from the Scott Rakow Youth Center back to Flamingo
Park.
A second option would still include relocating the Teen Club to the PAL building, in
addition to partnering with the new Boys and Girls club that is in construction. John
Rebar said the issue with this option was that the new building is still under construction
and the Boys and Girls club is not in a position to either solidify a deal or continue the
conversation.
A third option would be to go to the high school and use a small allotted space. Since the
school already has their own activities in place, Parks and Recreation would not have
use of the gymnasium or the auditorium.
Another option which was explored was to move the North Shore Park Youth Center
aftercare program to Biscayne Elementary. ln turn, North Shore Park could be used to
house the teen center. The problem this option faces is that the kids in the aftercare
program are not solely from Biscayne Elementary, but also from Mater Academy and
Treasure lsland. The city could not move those children from the current location due to
a school board policy.
John Rebar said the Miami Beach Teen Club staff made an amended recommendation
to move the Teen Club to the Scott Rakow Center, and have the program cohabitate
with the existing elementary school aftercare. Staff believes they can create separate
entrances for the different age groups and carefully program how the kids rotate
throughout the 14 available areas. John Rebar supported this recommendation and said
that Parks and Recreation would consider having an open house for parents before the
programs started to ease concerns.
David Martinez, Director of ClP, approached the dais to update the commission on the
plans for the Muss Park pavilion. David Martinez said that an architect has started to
design the new facility and expects the project to be completed no sooner than a year
and a half from now.
DIRECTION: Commissioner Tobin told David Martinez to come back to the next NCAC
meeting with the architect who is designing the Muss Park pavilion, and a time frame for
the project.
MOTION: By Commissioner Grieco to move in favor of the amended recommendation
made on behalf of the teen club staff. Unanimous Approval.
Monthly Crime Statistics Report. (Recurring ltem On A Monthly Basis)
Commission ltem R9D, April 13,2011
(Requested by Commissioner Tobin)
AFTER.ACTION
Mark Causey, Police Major, presented this item. Mark Causey spoke about arrests made
in connection with the recent bank robberies. The last arrest cleared two bank robberies
in Miami Beach and another one in Miami Shores. Mark Causey also said that the
ordinance which restricts boats from tying up to a public sea wall took effect a couple
268
weeks ago. On the first day the ordinance took effect, PD had a special detail with the
entire marine patrol squad. Major Causey said the signage that had been placed to warn
vessels from docking worked in favor of the city because only 10 vessels were towed on
the morning the ordinance took effect.
Mark Causey also informed the committee that Sergeant Jose Reina was now the
Ocean Drive sergeant during the night time hours. Once the sea turtle nesting period
started, PD had to remove all portable lights from Lummus Park. The lights were moved
to the 100 blocks of 8th street and 1Oth street, where lighting is an issue. Mark Causey
said PD had a walk-through of Ocean Drive with Jeff Oris and 12 other city employees to
look at all lighting issues the length of Ocean Drive and Lummus Park, and look into
safety issues.
Commissioner Grieco inquired about having a potential South of Fifth neighborhood
patrol unit. Major Causey said PD has 8 officers in week 2 of FTO training at the
moment. Once the officers complete the 3 month program, they will be deployed
depending on where they are needed.
Major Causey informed the committee that all three shifts on Mid Beach had a walking
detail on the boardwalk. He also said that PD has been addressing bike riding on Lincoln
Road with a police detail. Major Causey said that removing bike racks from Lincoln Road
and installing them on the side streets would be a great solution. To address the loud
noise on Ocean Drive, PD put up a message board on Fifth Street and Ocean Drive.
Major Causey said that the open air electric cars were the main violators. PD also
reached out to the companies that run the open air electric cars to tell them that they
must comply with the city's noise ordinance.
Additionally, Mark Causey informed the committee that the west bound traffic light on the
MacArthur causeway was extended an additional 90 seconds for the afternoon rush hour
(4:1Spm to 6pm), which has made a significant difference in traffic flow.
NO ACTION TAKEN.
Meeting adjourned at 3:48pm.
269
THIS PAGE INTENTIONALLY LEFT BLANK
270
c7
RESOLUTIONS
271
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to collaborate on one (1)application and to
for and acceot four (4) orants.
Kev !ntended Outcome Supported:
'1) Ensure reliable stormwater management and resiliency against flooding by implementing select short
and long-term solutions including addressing sea-level rise; 2) lnsist on Police Department
accountability; 3) Achieve educational (K-12) excellence; 4) and 5) Maximize the Miami Beach brand as
a world-class destination.
Supporting Data: Community Satisfaction Survey: 1) "Addressing flooding" was listed by 11% ot
residents as one of the ways to improve the quality of life in Miami Beach; 2) "Quality of police
enforcement" was mentioned by 11% of residents as a way to improve the quality of life in Miami Beach
3) Child obesity has more than doubled in children and tripled in adolescents in the past 30 years. ln
2010, more than 1/3 of children and adolescents were overweight or obese. Decreasing childhood
obesity will improve overall student health, thus leading to increased attendance at school; 4) and 5)
The typical resident visited City parks/recreational areas 58 times during 2012, an increase from 47
times in 2009;
Item Summary/Recommendation :
A Resolution approving and authorizing the City Manager or his designee to: 1) Collaborate on an
application with Harvard University Graduate School of Design, to the National Science Foundation, for
the lnfrastructure Management and Extreme Events grant in the amount of $250,000; and to submit
applications to: 2) Miami-Dade County for FY 2014115 Edward Byrne Memorial Justice Assistance
Grant Program funds in the approximate amount of $10,000; 3) The United States Conference of
Mayors for the 2015 Childhood Obesity Prevention Awards program in the amount $120,000; and
retroactive approval for the submittal of grant applications to: 4) The Christopher and Dana Reeve
Foundation for funding in the approximate amount of $25,000 for adaptive exercise equipment for
Allison Park; and, 5) Florida Department of Environmental Protection, Recreation Development and
Assistance Program (FRDAP) for funding in the approximate amount of $200,000 for the Allison Park
p@ect; and further authorizing the City Manager, or his designee, to take all necessary steps and to
execute documents in connection with the aforestated grants and funding requests, including, without
limitation, applications, qrant and fu reements, and audits.
Financial lnformation:
Approximate Match
AmounUSource
Grant Name/Project
Financial lmpact Summary: N/A
National Science Foundation
lnfrastructure Management
Collaboration with Harvard U
MDC Edward Byrne MemorialJustice
Assistance GranURecords
USCM Childhood Obesity/Fitness
Program
Christopher and Dana Reeve
Fou ndation/Allison Park
$200,000/North Beach Quality
of Life Resort Tax funds
FRDAP/AIlison Park
Judy Hoanshelt, Grants Otficer, Office of Budget and Performance lmprovement
AGENDA ITEM c1 A
7-&t5MIAMIBEACHDATE272
MIAMIBEACH
City of Miomi Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO.Mayor Philip Levine and Members of the City
FROM. Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO: 1) COLLABORATE ON AN
APPLICATION WITH HARVARD UNIVERSITY GRADUATE SCHOOL OF
DESIGN, TO THE NATIONAL SCIENCE FOUNDATION, FOR THE
INFRASTRUCTURE MANAGEMENT AND EXTREME EVENTS GRANT IN
THE AMOUNT OF $250,000; AND TO SUBMIT APPLICATIONS TO: 2l
MIAMI.DADE COUNTY FOR FY 2014115 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT PROGRAM FUNDS IN THE
APPROXIMATE AMOUNT OF ${0,000; AND 3) THE UNITED STATES
CONFERENCE OF MAYORS FOR THE 2015 CHILDHOOD OBESITY
PREVENTION AWARDS PROGRAM lN THE AMOUNT $120,000; AND
RETROACTIVE APPROVAL FOR THE SUBMITTAL OF THE
FOLLOWING GRANT APPLICATIONS: 4) CHRISTOPHER AND DANA
REEVE FOUNDATION FOR FUNDING IN THE APPROXIMATE AMOUNT
OF $25,OOO FOR ADAPTIVE EXERCISE EQUIPMENT FOR THE ALLISON
PARK PROJECT; AND, 5) FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,FLORIDA RECREATION
DEVELOPMENT ASSISTANGE PROGRAM (FRDAP) FOR FUNDING IN
THE APPROXIMATE AMOUNT OF $2OO,OOO FOR THE ALLISON PARK
PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER, OR
HlS DESIGNEE, TO TAKE ALL NECESSARY STEPS AND TO EXECUTE
DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS
AND FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION,
APPLICATIONS, GRANT AND FUNDING AGREEMENTS, AND AUDITS
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolution.
ANALYSIS
1. Approval to collaborate on an application with Harvard Universitv Graduate
School of Desion. to the National Science Foundation, for the lnfrastructure
Manaqement and Extreme Events qrant in the amount of $250.000 to evaluate
Miami Beach's Civil lnfrastructure lmprovements for Sea Level Rise
273
Commission Memorandum
Page 2
Miami has been described as one of the most vulnerable coastal communities, within the
risks associated with climate change based sea level rise. As such, the City has
recently partnered with Harvard University, Graduate School of Design. Harvard
Graduate School of Design and the City will be collaborating on a two-year sponsored
studio to study the impacts of and potential responses to sea level rise for coastal
communities in South Florida. The National Science Foundation's lnfrastructure
Management and Extreme Events grant provides funding to support research on the
impact ol hazardous and extreme events upon civil infrastructure and society.
The University will be the applicant, and the City will be listed as a collaborator on the
proposal, entitled " Assessing the lmpact of Sea-Level Rise Adaptation lnfrastructure on
Hurricane Preparedness, Response, and Recovery: the Case of Miami Beach".
Matching funds are not required from the City and this project supports the key intended
outcome to ensure reliable stormwater management and resiliency against flooding by
implementing select short and long-term solutions including addressing sea-level rise.
2. Approval to submit a qrant application to Miami-Dade Countv For FY
2014l15 Edward Bvrne Memorial Justice Assistance Grant (JAG) Proqram
Funds ln The Approximate Amount Of $10.000 For The Citv's Records
lmprovement Proqram
The Florida Department of Law Enforcement (FDLE) anticipates an award from the US
Department of Justice for FY 2015 JAG funds. FDLE will distribute these funds in
accordance with the JAG Countywide provisions of the Florida Administrative Code for
use by all units of government within Miami-Dade County.
It is the Administration's intent to apply for funds from the County's allocation for the
continuation of the City's Records lmprovement Program. The Edward Byrne Memorial
Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions. JAG funds support all components of the
criminal justice system, from multijurisdictional drug and gang task forces to crime
prevention and domestic violence programs, courts, corrections, treatment, technology
improvement programs and justice information sharing initiatives. The City will be
applying for funding in the approximate amount of $10,000 for the continuation of the
Police Department's Records lmprovement Program (e{icketing), to enable the Police
Department to comply with Florida Department of Law Enforcement's requirements of
providing validated statistics. Matching funds are not required for this grant. This grant
supports the key intended outcome insist on police department accountability.
3. Approval to submit a
for the 2015 Childhood Obesitv Prevention Awards prooram in the amount
$120,000 for a fitness proqram to address childhood obesitv
ln 2012 The United States Conference of Mayors (USCM) and the American Beverage
Association (ABA) partnered to create the Childhood Obesity Prevention Program, a
landmark three-year initiative to provide support to cities in their efforts to eradicate
childhood obesity. The goal of the program is to recognize outstanding mayoral-based
initiatives that have the greatest potential to reduce childhood obesity, and to provide
those outstanding programs with capacity-building resources to assist their local
programs for broader reach in tackling the challenge of childhood obesity. The program
274
Commission Memorandum
Page 3
also includes a national public awareness campaign, and will connect Mayors with
innovative, cost-effective program strategies to successfully reduce childhood obesity.
The City plans to apply for this program to enhance the health and well being of youth in
our community by implementing a fitness program to reduce childhood obesity. This
grant does not require matching funds and supports the key intended outcome achieve
educational (K-12) excellence.
4. Retroactive approval to submit a qrant application to the Christopher and
Dana Reeve Foundation for fundino in the approximate amount of $25.000
for adaptive exercise equipment for the Allison Park proiect
The Reeve Foundation is a charitable organization dedicated to finding treatments
and cures for paralysis caused by spinal cord injury by funding innovative research,
and improving the quality of life for people living with paralysis through grants,
information and advocacy.
The. City is requesting funds to purchase ADA accessible outdoor fitness equipment
for Allison Park. Allison Park is a family-centered recreational project that combines
beach access and winding walkways, the project will include an accessible
playground, picnic facilities and outdoor fitness component. The grant does not
require matching funds and supports the key intended outcome to maximize the
Miami Beach brand as an excellent destination.
5. Retroactive approvalto submit a orant application to Florida Department of
Environmental Protection. Recreation Development and Assistance
Prooram (FRDAP) for fundinq in the approximate amount of $200,000 for
the Allison Park Proiect
The State of Florida, Department of Environmental Protection, provides funding for
the acquisition and development of land for public outdoor recreation use through the
Florida Recreation Development Assistance Program (FRDAP). The City has applied
for funding from FRDAP for the Allison Park ADA Accessible Project. lf awarded,
funding will be used primarily for the playground.
FRDAP funding will be used for project components that do not charge entrance fees
or program fees to the public. This grant requires matching funds in the amount of
$200,000; matching funds are available from North Beach Quality of Life Resort Tax
funds. This project supports the key intended outcome to maximize the Miami Beach
brand as a world-class destination.
CONCLUSION
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
approving and authorizing the City Manager or his designee to: 1) Collaborate on an
application with Harvard University Graduate School of Design, to the National Science
Foundation, for the lnfrastructure Management and Extreme Events grant in the amount
of $250,000; and to submit applications to: 2) Miami-Dade County for FY 2014115
Edward Byrne Memorial Justice Assistance Grant Program funds in the approximate
amount of $10,000; and retroactive approval for the submittal of grant applications to: 3)
275
Commission Memorandum
Page 4
The United States Conference of Mayors for the 2015 Childhood Obesity Prevention
Awards program in the amount $120,000; and retroactive approval for the submittal of
grant applications to: 4) Christopher and Dana Reeve Foundation for funding in the
approximate amount of $25,000 for adaptive exercise equipment for Allison Park; and,
5) Florida Department of Environmental Protection, Florida Recreation Development and
Assistance Program (FRDAP) for funding in the approximate amount of $200,000 for the
Allison Park project; and further authorizing the City Manager, or his designee, to take all
necessary steps and to execute documents in connection with the aforestated grants
and funding requests, including, without limitation, applications, grant and funding
agreements, and audits.
JLM/JWJMH
T:\AGEN DA\201 S\Sept\Grants Memo.docx
276
RESOLUTTON NO._
A RESOLUTION OF THE MAYOR AND GIry COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CIry
MANAGER, OR HIS DESIGNEE, TO: 1) COLLABORATE WITH HARVARD
UNIVERSITY GRADUATE SGHOOL OF DESIGN ON AN APPLICATION TO
THE NATIONAL SCIENGE FOUNDATION FOR THE INFRASTRUCTURE
MANAGEMENT AND EXTREME EVENTS GRANT IN THE AMOUNT OF
$250,000; 2) SUBMIT APPLICATIONS TO: A) MIAMI-DADE COUNTY FOR FY
2014115 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM FUNDS IN THE APPROXIMATE AMOUNT OF $1O,OOO AND B)
THE UNITED STATES CONFERENCE OF MAYORS FOR THE 2015
CHILDHOOD OBESITY PREVENTION AWARDS PROGRAM IN THE
AMOUNT $120,000; AND 3) RETROACTIVELY APPROVE THE SUBMITTAL
OF THE FOLLOWING GRANT APPLICATIONS: A) CHRISTOPHER AND
DANA REEVE FOUNDATION FOR FUNDING IN THE APPROXIMATE
AMOUNT OF $25,OOO FOR ADAPTIVE EXERCISE EQUIPMENT FOR THE
ALLISON PARK PROJECT AND B} FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT
ASSTSTANCE PROGRAM (FRDAP) FOR FUNDTNG tN THE APPROXTMATE
AMOUNT OF $200,000 FOR THE ALLISON PARK PROJECT; AND FURTHER
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL
NEGESSARY STEPS AND TO EXECUTE DOCUMENTS IN CONNEGTION
WITH THE AFORESTATED GRANTS AND FUNDING REQUESTS,
INCLUDING, WITHOUT LIMITATION, APPLICATIONS, GRANT AND
FUNDING AGREEMENTS, AND AUDITS.
WHEREAS, approval is requested to collaborate with Harvard University
Graduate School of Design on an application to the National Science Foundation for the
lnfrastructure Management and Extreme Events grant in the amount of $250,000 to
evaluate Miami Beach's civil infrastructure improvements for sea level rise, the details of
which are follows:
. Miami has been described as one of the most vulnerable coastal communities
within the risks associated with climate change based sea level rise. As such, the
City has recently partnered with Harvard University, Graduate School of Design.
Harvard Graduate School of Design and the City will be collaborating on a two-
year sponsored studio to study the impacts of and potential responses to sea
level rise for coastal communities in South Florida.
o The National Science Foundation's lnfrastructure Management and Extreme
Events grant provides funding to support research on the impact of hazardous
and extreme events upon civil infrastructure and society.
277
. Harvard University will be the applicant, and the City will be listed as a
collaborator on the proposal, entitled " Assessing the lmpact of Sea-Level Rise
Adaptation lnfrastructure on Hurricane Preparedness, Response, and Recovery:
the Case of Miami Beach".
o Matching funds are not required from the City and this project supports the key
intended outcome to ensure reliable stormwater management and resiliency
against flooding by implementing select short and long-term solutions including
addressing sea-level rise; and
WHEREAS, approval is requested to submit a grant application to Miami-Dade
County for FY 2014115 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program Funds in the approximate amount of $10,000 for the City's Records
lmprovement Program, the details of which are follows:
. The Florida Department of Law Enforcement (FDLE) anticipates an award from
the US Department of Justice for FY 2015 JAG funds. FDLE will distribute these
funds in accordance with the JAG Countywide provisions of the Florida
Administrative Code for use by all units of government within Miami-Dade
County.
o lt is the Administration's intent to apply for funds from the County's allocation for
the continuation of the City's Records lmprovement Program. The Edward Byrne
Memorial Justice Assistance Grant (JAG) Program is the primary provider of
federal criminaljustice funding to state and localjurisdictions. JAG funds support
all components of the criminal justice system, from multijurisdictional drug and
gang task forces to crime prevention and domestic violence programs, courts,
corrections, treatment, technology improvement programs, and justice
information sharing initiatives.
. The City will be applying forfunding in the approximate amount of $10,000 for
the continuation of the Police Department's Records lmprovement Program (E-
ticketing) to enable the Police Department to comply with FDLE's requirements of
providing validated statistics. Matching funds are not required for this grant. This
grant supports the key intended outcome insist on police department
accountability; and
WHEREAS, approval is requested to submit an application to The United States
Conference of Mayors for the 2015 Childhood Obesity Prevention Awards program in
the amount $120,000 for a fitness program to address childhood obesity, the details of
which are as follows:
o ln 2012, The United States Conference of Mayors (USCM) and the American
Beverage Association (ABA) partnered to create the Childhood Obesity
Prevention Program, a landmark three-year initiative to provide support to cities
in their efforts to eradicate childhood obesity. The goal of the program is to
recognize outstanding mayoral-based initiatives that have the greatest potential
to reduce childhood obesity, and to provide those outstanding programs with
capacity-building resources to assist their local programs for broader reach in
tackling the challenge of childhood obesity The program also includes a national
public awareness campaign, and will connect mayors with innovative, cost-
effective program strategies to successfully reduce childhood obesity.
278
o The City plans to apply for this program to enhance the health and well being of
youth in our community by implementing a fitness program to reduce childhood
obesity.
e This grant does not require matching funds and supports the key intended
outcome achieve educational (K-12) excellence; and
WHEREAS, retroactive approval is requested to submit a grant application to the
Christopher and Dana Reeve Foundation for funding, in the approximate amount of
$25,000, for adaptive exercise equipment for the Allison ADA Accessible Park Project
("Project"), the details of which are follows:
. The Reeve Foundation is a charitable organization dedicated to finding
treatments and cures for paralysis caused by spinal cord injury by funding
innovative research, and improving the quality of life for people living with
paralysis through grants, information, and advocacy.
. The City is requesting funds to purchase ADA accessible outdoor fitness
equipment for Allison Park. Allison Park is a family-centered recreational park
that combines beach access and winding walkways. The Project will include an
accessible playground, picnic facilities, and an outdoor fitness component. The
grant does not require matching funds and supports the key intended outcome to
maximize the Miami Beach brand as an excellent destination; and
WHEREAS, retroactive approval is requested to submit a grant application to the
Florida Department of Environmental Protection, Recreation Development and
Assistance Program (FRDAP) for funding, in the approximate amount of $200,000, for
the Allison Park ADA Accessible Park Project ('ADA Project"), the details of which are as
follows:
. The State of Florida, Department of Environmental Protection, provides funding
for the acquisition and development of land for public outdoor recreation use
through the Florida Recreation Development Assistance Program (FRDAP). The
City has applied for funding from FRDAP for the ADA Project. lf awarded,
funding will be used primarily for the playground.
. FRDAP funding will be used for the ADA Project's components that do not
charge entrance fees or program fees to the public.
o This grant requires matching funds in the amount of $200,000; matching funds
are available from North Beach Quality of Life Resort Tax funds. The ADA
Project supports the key intended outcome to maximize the Miami Beach brand
as a world-class destination.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH that the Mayor and City Commission
hereby approve and authorize the City Manager, or his designee, to: 1) Collaborate with
Harvard University Graduate School of Design on an application to the National Science
Foundation for the lnfrastructure Management and Extreme Events grant in the amount
of $250,000; 2) submit applications to: a) Miami-Dade County for FY 2014115 Edward
Byrne Memorial Justice Assistance Grant Program funds in the approximate amount of
279
$10,000 and b) The United States Conference of Mayors for the 2015 Childhood Obesity
Prevention Awards program in the amount $120,000; and 3) retroactively approve the
submittal of grant applications to: a) Christopher and Dana Reeve Foundation for
funding in the approximate amount of $25,000 for adaptive exercise equipment for
Allison Park and b) Florida Department of Environmental Protection, Florida Recreation
Development and Assistance Program (FRDAP) for funding in the approximate amount
of $200,000 for the Allison Park project; and further authorize the City Manager, or his
designee, to take all necessary steps and to execute documents in connection with the
aforestated grants and funding requests, including, without limitation, applications, grant
and funding agreements, and audits.
PASSED and ADOPTED this day of 2015.
ATTEST:
Rafael E. Granado, City Clerk
JLM/JWJMH
T:\AG EN DA\20 1 S\Sept\Grants Memo. docx
Philip Levine, Mayor
,ortooYi,*3i,1?,-
A TON EXECUTION
-il{/rr*Dot€
280
THIS PAGE INTENTIONALLY LEFT BLANK
281
COMMISSION ITEM SUMMARY
Item Summa
Condensed Title:
Reappointment of Enrique Zamora, Esq., as Chief Special Master.
Key lntended Outcome Supported:
Ensure compliance with Code within reasonable period, emphasizing the Code for commercial
development.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 Community Satisfaction
Survey, 62% of residents and 69% of businesses thought the City's Code Enforcement efforts were just
iqht.
As previously determined by City Attorney Raul J. Aguila that Enrique Zamora possesses the knowledge,
skills and attributes to perform as Chief Special Master, and my concurrence with such determination, I am
recommending reappointing Enrique Zamora, Esq. as Chief Special Master. Attached are two Resolutions
providing for the reappointment by the City Commission of Mr. Zamora. The first Resolution reappoints Mr.
Zamora as Chief Special Master for Code Enforcement violations under Chapter 30 of the City Code; the
second Resolution reappoints Mr. Zamora to hear appeals from citations and violations or denials,
suspensions, and revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code.
Language has been added to the Resolutions prohibiting the Chief Special Master and each Special
Master from engaging in practice where he/she represents a client in a manner adverse to the interests of
the City of Miami Beach, and from lobbying the City during his/her service with the City. Mr. Zamora was
first appointed as the Chief Special Master for the City of Miami Beach on the April 23, 2014 City
Commission Meeting.
Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a Master of
Business Administration (1975) and a Master of Science Management in Accounting and Taxation (1981)
from Florida lnternational University; and a Bachelor of Science in Electrical Engineering (1971) from the
University of Florida.
Mr. Zamora is a partnerwith the law firm of Zamora & Hillman. Mr. Zamora's practice includes the areas
of probate administration, probate litigation, guardianship, estate planning and elder law. He is a certified
civil mediator. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he
teaches Elder Law. He is the past chair of the Probate and Guardianship Committee of the Dade County
Bar Association, where he also served as Vice-Chair and Secretary. Mr. Zamora was the recipient of the
2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he
received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded
Citizens, South Florida.
The Administration recommends aDDrovinq the Resolutions.
Board Recommendation:
N/A
Financial lnformation:
OBPI
The maximum estimated amount for a six-
month period of Special Master fees,
October 24,2015 through April23, 2016,
01 1 -021 0-00031 2
Rafael E. Granado, City Clerk
Siqn-Offs:
Department Director City Attorney City Manager
REG M WgPv,\--lM /A/-
Special .doc
AGENDA trEM c-7 B
oneWMIAMIBEACH282
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FROM:
DATE: September 2,2015
SUBJECT: REAPPOINTMENT OF CHIEF SPECIAL MASTER
1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF
MIAMI BEACH, GONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPEGIAL MASTER, FOR A TERM
GOMMENCING ON OCTOBER 24, 2015 AND ENDING ON APRIL 23, 2016;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON.CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY
AND GOUNTY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30.37 AND 30.38 THEREOF, CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
2. A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTtoN 102-356 OF THE CITY CODE, ENRTQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.
L^8,liiB'lI,Hi3"5E;il'^?F:3^l=.=;#,il3trS"="frj,?il
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2015 AND
ENDING ON APRIL 23,2016.
ADMI NISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
As previously determined by City Attorney Raul J. Aguila that Enrique Zamoru possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending reappointing Enrique Zamora, Esq. as Chief Special
Master. Attached are two Resolutions providing for the reappointment by the City Commission
of Mr. Zamora. The first Resolution reappoints Mr. Zamora as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints
Jimmy L. Morales, City Manag ", /4hb
Raul J. Aguila, City Attornei}."L \o,L'
283
Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and
revocations of certificates of use pursuant to Chapler 102 of the Miami Beach City Code.
Language has been added to the Resolutions prohibiting the Chief Special Master and each
Special Master from engaging in practice where he/she represents a client in a manner adverse
to the interests of the City of Miami Beach, and from lobbying the City during his/her service with
the City. Mr. Zamora was first appointed as the Chief Special Master for the City of Miami Beach
on the April 23, 2014 City Commission Meeting.
Mr. Zamora is a partnerwith the lawfirm of Zamora & Hillman. Mr.Zamora's practice includes
the areas of probate administration, probate litigation, guardianship, estate planning and elder
law. He is also a certified civil mediator. He is the chair of the Guardianship Committee of the
Elder Law Section of the Florida Bar and member of the Guardianship Task Force where he
represents the Elder Law Section. Mr. Zamora is an adjunct professor at St. Thomas University
School of Law where he teaches Elder Law. He is the past chair of the Probate and
Guardianship Committee of the Dade County Bar Association, where he also served as Vice-
Chair and Secretary. Mr. Zamora has served as general counsel, director and president of the
South Florida Guardianship Association. Mr. Zamora has acted as General Master, Guardian
Advocate and Special Public Defender in Baker Act proceedings for the last eight years. Mr.
Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the
Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service
Award in 1999 from the Association for Retarded Citizens, South Florida.
Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a
Master of Business Administration (1975) and a Master of Science Management in Accounting
and Taxation (1981) from Florida lnternational University; and a Bachelor of Science in
Electrical Engineering (1971) from the University of Florida.
A copy of Mr. Zamora's resume is attached for your review.
Statistics:
1. Since March 5,2015, the Special Master hearings have concluded as follows:
7.20 p.m.*
6:22 p.m. *
7:21 p.m.*
11:57 a.m.
7:02 p.m.*
7.28 p.m.*
3:32 p.m.
6:35 p.m.*
7:11 p.m.*
7:59 p.m.*
3:58 p.m.
8.27 p.m.*
6:35 p.m."
7:54 p.m.*
4:56 p.m.
6:53 p.m."
6:33 p.m.*
7:02 p.m."
7'.22 p.m.*
7'.46 p.m.*
7:21 p.m.*
March 5,2015
March 12,2015
March 19,2015
March 26,2015
April2,2015
April 9, 2015
April 16,2015
Aprll23,2015
May 7,2015
May 14,2015
May 21,2015
May 28,2015
June 4,2015
June 11,2015
June 18, 2015
June 25,2015
July 9, 2015
July 16, 2015
July 23,2015
August 6,2015
August 13,2015
Cases labeled with an asferisk O include a night sesslon, commencing at 6:00 p.m.
284
2. Neither the Office of the City Clerk, Office of the City Manager, nor the Office of the City
Attorney has received either formal complaints or internal complaints against the Chief
Special or the Special Masters since the appointment of Enrique Zamora as Chief Special
Master on April 23,2014.
CONCLUSION
Mr. Zamora has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. He will continue to serve this City with honor and distinction, and his reappointment will
best serve the interests of the City. As such, the subject Resolutions should be adopted.
JLM/RJA/R =o @
T:\AGENDAVO1S\September\Chief Special MasteTVAMORRA CHIEF SPECIAL MASTER MEMO.doc
285
ENmoue Zauone, EsQ.
J@6 Aviadon Avenue, Penrhousc iC Coconur 6rova Florida 33733 S 305-2854285
LecarExpsnrsNce
ZAMoRe& Htlt"trtlw.
3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Fiorida 33133 - 2000 - Present
Areas of Concentration: Elder Law, Probate & Guardianship adminisfatioq litigation
and mediation, 1161 A,rlmini5trdtion & Litigation, Estate Planning.
LAw OFFICES OT ENAIQUE ZAIIORA.
I I 02 Ponce de Leon Blvd., Coral Gables, Florida 33134 ' 1997 - 2000
Areas of Concentratiol: Elder Law and Probate & Guardiansbip litigation, Trust
Administration, Estate Planning, Real Estate.
PERIZ-ABREU, Zeuone, Hn uvltx & tvlnnrrri'LevrEtlr, PA
901 Ponce de Leon Blvd., #502, Coral Gables, Fl 33134 - Founding Parner, 1987' 1997
Areas of Concent-ation: Probate & Guardianship litigation, Elder Law, Trust
Administration, Estate Planniso, Corporate, Contract and Business law and related litigation;
Real Estate.
LecelAcrrylrtgs
$ Past Chair ofthe Elder Law Section of the Florida Bar
S Past director of the Ftorida State Guardianship Assoeiation
S Past director of the Foundation for Indigent Guardianship
S Member and former chair of the Probate & Guardianship Commiftee of the Dade
County Bar
$ Guardianship Task Force - Elder Law Sectt'on Representative
$ Former Chair of the Grievance Commicee I iu D of the Florida Bar
S Special Master for the Ciry of Miami Beach
S Special Magisrate over Baker Act proceeding5 & Marchman Act proceedhgs
g Court Appointed Attomey-Ad-Litem for Cuban National Heirs, 116 Judicial
Circuit oftbe State of Floridq Miami-Dade County - Probate Division
TeecFIINC ACTIVITIES
SL Thomas University School of Law- 2044 - present.
Adjunct Professor of Law - Elder Law and Cuardianship
Miasi-Dade Comm. College.Professional Guardianship Program- I996 - 2004.' Lead lnstuctor p ptanning Committee Chair of tbe course for Professional Guardians
Ucil'ersii-, cf Ili:ni - Kcubek Cen'tar - Sairenbzr 1989 - 1998
- ^-i,^^.}EHUUL UT LQ.\ [L\Ui,\g }. UUI.TJ
Adjunct Professor of Business Law
CERrtrrcnuoN
Florida Bar Board Ceftified in Elder Law
Floriila Supreme Court Certified Civil Mediator
286
HoNOAS ANDAWARDS
Super Lawyersiist, by Florida Super lawyers Magazirre a5 a top attomey in llorida for
2012,2013 &2414
' ToP LawYers of South Florida20l3
St. Thomas Uiiversity Schoo! of Law - Outstanding Teaching Award - 2013 '
StThonasUniver:itySchoolofLaw-sBA.adjunctprofessoraward20l4. Pro Bono Award from the Dade county Bar Association and the llth Judicial
Circuit 2008 For Guardianship services rendered'
PutSornethingBack.RichardC.MilsteinExcellenceAward.200T
Dade County iar Association Awarcl (2001-2002)For exceptional serv'ice as CIIAIR of
the Probare & Guardianship CommiBee'
Dade county Bar Associ:atiou Award (2000-2001)For exceptional service as cHAIR of
the Probate & Guardianship Comrnittee'
Dade couaty Bar Asociation Award (1999r000)For exceptional service as cIIATR of
the Probate & Guardianship Committee'
SuurN ens / PRsslNtRttolls
Dade Couoty Put Something Back - Fees, Fees and More Fees
SPeaker
dffered by the Dade County Bar Associati oa ' Janu@-l I 5 ' 201 4
Elder Law Secfion - Annual Review - Guardiaoship
SPeoker
January 18,2Al4
Elder Law Section - Essentials of Elder Law
SPeal<er
Jarutary 17,2014
. 1618 A}O{UAL UNPROGRAIVI -..IYIEETTHE EXPERTS,,
oFFERED BY THE AcADEivIY oF FIORIDA EIOEN LAW AITORNEYS. SPEAKER
OcroeeR 1 l, 20 I 3
TheProbateTeam2013-ClosiugGuardianshipsiutoEstates
SPeaker
Offered by the Florid.a Legal Education Associatioa'Octaber 4' 201i
15* AI$rUAL UNPROCRAM -,.MEET TnF EXPERTS"
OFFERED BY TIIE ACADEMY OF FLORIDA ELDER LAW ATTORNEYS - SPEI'(E8
DECEI',fBER 15,2012
Florida State Guardianihip Associatior- 25th Annual CoJference:
offeredbytheFloridaStateGuardianshipAssociation.-Speale'r
4-hour Initial Examining Committee training
Much 2012
Florida State Guardianship Association- 24th Aunual Conference: Solving the
Mystenes of Guerd iansbip- Spea'ter
offered by the Florida State Guardia,rship Association. July 201 1
287
Personal Trust Fiduciary Training
Offered by Morgan Keegan University - Speaker
April 5, 2011
Probate & Guardiaosbip: A View from the Bench autl Bar
Offered by the Dade Couoty Bar Associalion Probate & Guardianship Committee and
Legal Aid/Put Something Back ' Speaker
March 11, 201I
Elder Law Certification Exam Review Course B Event Chair
Offered by the Florida Bar B January 201 I
Elder Law Section Anuual Retreat- Program Co-Chair
Offered by the Florida Bar- October 20i0
2010 Florida State Guardianship Auuual Conference
Elder Law Certification Exam Review Course
Offered by the Florida Bu - Speaker
January,20i0
Guardianship Team 2009
Offered by the Florida Legal Education Association'- Speaker
February 2009
Eouce.rtox
' Uxtvensrrv o^" illrAMl - kHool. oF L.aw
CoRaL Gnslrs, Flontoa
Ju ax Docroa DEG REE I 9 I 5, Cu M LAUDE- lvlay 1985
FLORTDA INTERNATIONAL U \TVERSITY
MIAt"u, FLoRIDA
MASTER OF BUSNESS ADMN{STMNON, 1 97 5
M,qstmopscnNce m MtNAGEWNT, (Accouotilg & Taxation) /981
Ur.rrvrnsrrv oF FLoRro.{
GAD{ESV]-LLE, FLORIDA
BACHELOROF SCIENCE IN ELECTRICAL ENGNEENNO, I97I
PRo peSS IOT'IAL MET4BERSH]P S
ltr Ficiiia tsr'
Executive committee of the Elder Law Section - Florida Bar (past chair)
The Real Property, Probate and Trust Law Section - Florida Bar
NAELA (National Academy of ElderLaw Atlomeys)
AIELA (Academy of Florida Elder Law Attomeys)
Dade County Bar Association
Cuban American Bar Asociation
Florida State Cuardianship Associuion - former board mernber
South Florida Cuardianship Association - past President
288
PuattsHEo Woms
St. Thomas Law Review
Long Term Care losuraqce: A Life Raft for Baby Boomers
Volume 26, Falt 2013 - lssue 1
SL Thomas Law Review
gp6ining.Committee Reports as a Basis to Dismis Petitions to Deteruoh,e Incapacity: A
Question of edmissibiliry and Evidentiary Relevanry' Volume 25, Surnmer 2013 - lssue 3
St. Thomas Law Reviest
Impact of the Cuban Embargo on tnheritances by Cuban Nationals
Volume 24, Summer 2012 - Issue 3
Elder Law Advocate-
Two out of fuee reports and you're out - But should you be?
Volu.oe XX, No.3 - Fall 2012
Elder Law Advocate.
The right to bear arms as a removable riglt in incapaciry proceedings
Volume XIX B No. I B Spring20l t
Elder Law Advocate-
The issue ofstanding in guardianship litigation
Volu:e XVIII B No. 3 B Fall 2010
Elder Law Advocale-
The use of the Baker Act and its altemarives
Volume )Onl B No. 3 B Fall 2009
Elder Law Advocate -
Dealing with foreign rvards and their investments
Volume XVI - Volume Trvo - Winter 2008
Florida Journal of International Law, Uuiversity of Florida l.evin College of Law' "Obstacles
Encourtered Representing the Iflterests of Cuban Natiooals in the Anerican Coults" - Spring 2003
Volume XV Number 3.
289
RESOLUTION NO.
A RESOLUTION ACCEPTING THE REGOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE CITY
OF MIAM! BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON OCTOBER 24,2015 AND ENDING ON APRIL 23,2016;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL
BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON.CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY
AND GOUNTY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INGORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WTHOUT
LIMITATION, SECTIONS 30-37 AND 30.38 THEREOF, CONCERNING THE
GOMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an
alternative code enforcement system wherein Special Masters are authorized to hold
hearings and impose fines, liens and other non-criminal penalties against violators of
City and County Codes and Ordinances; and
WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief
Special Master," provides for the appointment of a Chief Special Master to fulfill the
above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the
Chief Special Master is established upon the City Commission's acceptance, by a
majority vote, of the recommendation for appointment by the City Manager; and
WHEREAS, the City Manager hereby recommends reappointing Enrique
Zamora, Esq., as Chief Special Master for the City of Miami Beach, for a term
commencing on October 24,2015, and ending on April 23,2016; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code,
including, without limitation, Sections 30-37 and 30-38 regarding compensation and
duties of the Chief Special Master, shall continue to apply and remain in full force and
effect; and
WHEREAS, the Chief Special Master and each Special Master, shall be
prohibited from engaging in practice where he/she represents a client in a manner
adverse to the interests of the City of Miami Beach, and shall further be prohibited from
lobbying the City during his/her service with the City.
290
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE C!ry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to
Section 30-36 of the Code of the City of Miami Beach, concerning the reappointment of
Enrique Zamora, Esq., to serve as Chief Special Master, for a term commencing on
October 24,2015, and ending on April 23,2016; provided further that as Chief Special
Master, Mr. Zamora shall be authorized to hold hearings and impose fines, liens and
other non-criminal penalties against violators of City and County Codes and Ordinances,
and shall also be authorized to appoint such other Special Masters as may reasonably
be required to conduct the subject hearings; and further incorporating all other matters
set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37
and 30-38 thereof, concerning the compensation of the Chief Special Master.
PASSED and ADOPTED this 2nd day of September 2015.
ATTEST:
PHILIP LEV!NE,
MAYOR
RAFAEL E. GRANADO,
GITY GLERK
APPROVED AS TO
FORM & ISNGUAGE
& FOR EXECUTION
&-{Lll'- CIf RttorneY Date
T:\AGENDA\201S\SeptembeAChief Special Master\ZAMORRA CHIEF SPECIAL MASTER RESO.doc
291
RESOLUTION NO.
A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTtoN 102-356 OF THE Ctry CODE, ENRTQUE ZAMORA, ESQ. (cHtEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.
-,,,,.,..#Lt?Jt1B',il,Xil3Sr1B,i;;?5i'3[i,il=',-t?^il;i,",'1,'J
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2015
AND ENDING ON APRIL 23,2016.
WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon
prior recommendation of the City Manager, the City Commission, by a majority vote, may
appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines,
liens, and other non-criminal penalties against violations of City Ordinances; and
WHEREAS, at its meeting on September 2, 2015, the Mayor and City Commission
adopted Resolution No.reappointing Enrique Zamora, Esq., as Chief
Special Master, for a term commencing on October 24,2015, and ending on April 24,2016; and
WHEREAS, pursuant to Section 102-356, the City Manager may also approve a
"designee," who shall be authorized to hear appeals from citations for violations of City and
County Codes and Ordinances and to conduct hearings regarding denials, suspensions and
revocations of occupational licenses, certificates of use and permits, as provided by the City
Code, and who shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct such hearings pursuant to City Ordinances; and
WHEREAS, accordingly, the City Manager hereby recommends Mr. Zamora to serve as
the City Manager's "designee," for a six (6) month term commencing on October 24,2015, and
ending on April 23,2016; and
WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the
Chief Special Master is acting in his capacity as the City Manager's "designee" under Section
102-356 of the City Code), shall be prohibited from engaging in practice where he/she
represents a client in a manner adverse to the interests of the City of Miami Beach, and shall
further be prohibited from lobbying the City during his/her service with the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and reappoint, pursuant to Section 102-356 of the City Code,
Enrique Zamora, Esq., (Chief Special Master appointed pursuant to Resolution No.
), as the City Manager's "designee" under Section 102-356 of the City Code;
said designation commencing with Mr. Zamora's term as Chief Special Master on October 24,
2015, and ending on April 23,2016.
PASSED and ADOPTED this 2nd day of September 2015.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
PHILIP LEVINE,
MAYOR
APPROVED AS TO
F,ORM & I.ANGUAGE
& FOR E)(ECUTION
Date
T:\AGENDA\201s\Septembedchief Special Master\ZAMORA Chief Special Master Resotution Chapt6l
292
THIS PAGE INTENTIONALLY LEFT BLANK
293
Condensed Title:
A Resolution Authorizing The Acceptance Of A Donation Of A Deco Bike To
the City of Miami Beach From DECOBIKE LLC, For Use By Miami Beach
Police Department (MBPD) ln Decoy Operations to ldentify and Apprehend
Bi Thieves.
COMMISSION ITEM SUMMARY
ltem Su
The City of Miami Beach has a high rate of bicycle thefts. Residents and visitors use bicycles for
a number of reasons, including: convenience, reduced impact on the environment, low cost and
few parking issues. Unfortunately, the high number of bicycles leads to an exponential increase
in bicycle thefts. ln 2014 there were 495 bicycle thefts - a 31 7o increase on the 2012figure. ln an
effort to assist police in addressing this problem, Decobike LLC has offered to donate a Deco
Bike (#1530) valued at $800 to The City of Miami Beach for use by MBPD in decoy operations
targeting bicycle-related crime.
DecoBike LLC provides and operates bicycles for the Citi Bike bicycle sharing and hiring
program which is operational throughout Miami Beach and downtown Miami. lt is a local
company in good standing.
It is recommended that the donation be acceoted.
T:\agenda\20 1 5\SEPTEMBER\POLICEDEPARTM ENT\Com
AGENDA NCN C7C
ol*e ?-J-/f
lnsist on Police Department Accountability and Skilled ManagemenUleadership.
data relatinqto bicyclethefts: 2012- 361:2013 -429t2014-495(.31% increase in 3
Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:NA
Rich-Goldschmidt ext. 3054
MIAMIBEACH 294
MIAMIBEACH
Ciiy of Miomi Beqch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
the City
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAM! BEACH
TO ACCEPT A DONATION OF A DECO BIKE FROM DECOBIKE LLC, ON
BEHALF OF THE MtAMr BEACH POLICE DEPARTMENT (MBPD), WrTH AN
APPROXIMATE VALUE OF $800, TO BE USED IN DECOY OPERATIONS
TO IDENTIFY AND APPREHEND BICYCLE THIEVES.
ADMINISTRATION RECOMMENDATION
Accept the donated item.
H!STORY/BACKGROUND
The City of Miami Beach has a high rate of bicycle thefts. Residents and visitors use
bicycles for a number of reasons, including: convenience, reduced impact on the
environment, low cost and few parking issues. Unfortunately, the high number of
bicycles leads to an exponential increase in bicycle thefts. Figures for the previous three
years are shown below:
Year No. of bicycle thefts Approximate value % increase
2012
2073
20t4
361
429
495
nla
1.9%
1"6%
$227,ooo
s270,000
s31o,ooo
ln an effort to assist police in addressing this problem, Decobike LLC has offered to
donate a Deco Bike (#1530) valued at $800 to The City of Miami Beach for use by
MBPD in decoy operations targeting bicycle-related crime.
DecoBike LLC provides and operates bicycles for the Citi Bike bicycle sharing and hiring
program which is operational throughout Miami Beach and downtown Miami. lt is a local
company in good standing.
295
Commission Memorandum
Donation of a Deco Bike
September 2, 201 5 Page 2 of 2
FISCAL !MPACT:
DecoBike LLC has offered to donate the bike. There are no costs associated with
accepting the donation.
lffo
JLM/DJO/DW
T:\agenda\20 1 5\SEPTEMBER\POLICEDEPARTM ENT\Com_memo_DecoBikeDonation
296
A
@
EDECCIBIKE I
-
As part of a joint venture with DECO BIKE & The
Miami Beach Police Department in stopping the
thefts of CitibBike bicycles fn Miami Beach, We
(DECO BIKE) are donating the police department,
Bike #1530 (serial # ARC01923).
Total value of the bicycle is $800
Bike Model: DECO BIKE
07/14/201,s
Sincerely, ffi
BonifacioDia{ %
297
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEAGH, FLORIDA, AUTHORIZING THE GITY OF
MIAM! BEACH TO ACCEPT A DONATION OF A DECO BIKE FROM
DECOBIKE, LLC., ON BEHALF OF THE MIAMI BEACH POLICE
DEPARTMENT, WITH AN APPROXIMATE VALUE OF $800, TO BE
USED IN DECOY OPERATIONS TO IDENTIFY AND APPREHEND
BIGYCLE THIEVES.
WHEREAS, the City of Miami Beach, by and through the Miami Beach Police
Department, has identified the theft of bicycles to be an important quality of life offense that
requires vigorous and immediate attention in order to apprehend bicycle thieves; and
WHEREAS, DECOBIKE, LLC. has agreed to donate a Deco Bike, valued at
approximately $800, which will be utilized by the Miami Beach Police Department to combat
these quality of life crimes; and
WHEREAS, the Miami Beach Police Department will utilize the Deco Bike to identify,
apprehend and prosecute those offenders that are involved in the theft of bicycles throughout
the City; and
WHEREAS, the Miami Beach Police Department will reduce bicycle thefts, and will
contribute to making the City of Miami Beach a safer place to live, work and play.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, authorizing the City of Miami
Beach to accept a donation of a Deco Bike from DECOBIKE, LLC., on behalf of the Miami
Beach Police Department, with an approximate value of $800, to be used in decoy operations to
identify and apprehend bicycle thieves.
PASSED and ADOPTED this day of September,2015.
ATTEST BY:
MAYOR PHILIP LEVINE
RAFAEL E. GRANADO, CITY CLERK
APPROVEDASTO
FORM & IAAIGIJAGE
IFOR EGCUIKIT'
298
THIS PAGE INTENTIONALLY LEFT BLANK
299
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Accepting The Recommendation Of The City Manager Pertaining To The Ranking of
Proposals Pursuant to Request for Qualifications (RFO) No.2015-144-YG for Public
lnformation Outreach Services On Rioht of and Facilities Construction Proi
lntended Outcome Su
Enhance ExternalAnd lnternal Communication From And Within The Ci
Data (Survevs. Environmental Scan, etc: N/A
Item Summary/Recommendation :
The Administration issued RFQ 2015-144-YG to seek the proposals from qualified contractors to
provide Public lnformation Outreach Services On Right of Way and Facilities Construction
Projects. The RFQ was approved for issuance bythe City Commission on May 6,2015. The RFQ
was released on May 8, 2015. A pre-proposal conference to provide information to the proposers
submitting a response was held on May 20,2015. On July 14, 2015, the City received proposals
from: HML Public Outreach, LLC; lnfinite Source Communications Group, LLC; Media Relations
Group, LLC; and Quest Corporation of America, lnc.
On August 11,2015, the Evaluation Committee appointed by the City Manager convened to
consider the responsive proposals received. The Committee was instructed to score and rank the
sole proposal received pursuant to the evaluation criteria established in the RFQ. The results of the
evaluation committee process were presented to the City Manager for his recommendation to the
City Commission.
After reviewing the submission and the Evaluation Committee's rankings of proposals received, the
City Manager recommends that the Mayor and the City Commission, pursuant to RFQ No. 2015-
144-YG, for Public lnformation Outreach Services On Right of Way and Facilities Construction
Projects, authorize the Administration to enter into negotiations with Media Relations Group, LLC,
HML Public Outreach, LLC., lnfinite Source Communications Group, LLC., and Quest Corporation
of America, lnc., to establish a pool of consultants that can provide services to the City on an as
needed basis. Further, the City Manager recommends the Mayor and City Clerk be authorized to
execute Agreements upon conclusion of successful negotiations by the Administration.
RECOMMENDATION
the resolution.
Financial Information:
Source of
Funds:
OBPI
Amount Account
1 The annual cost associated with the parking
attendant services is subject to the funds availability
aooroved throuqh the Citv's budqetinq process
Total
Financial Impact Summary:
Alex De Extension 6641
Clerk's Office islative
Outreach Services -
AGENI}A
'TEM
Cl D(B MIAMIBTACH
2015-144-
oerc ?-)-lf300
g MIAMIBEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSI MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, ACCE THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR QUALIFTCATTONS NO. 2015-144-YG (THE RFQ), FOR PUBLTC
INFORMATION OUTREACH SERVICES ON RIGHT OF WAY AND FACILITIES
CONSTRUCTION PROJ ECTS.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Enhance ExternalAnd lnternal Communication From And Within The City
FUNDING
The annual cost associated with the parking attendant services is subject to the funds
availability approved through the City's budgeting process.
BACKGROUND
Neighborhood right of way improvements, parking lots, parking garages, structural and park
facilities, as well as capital renewal and replacement projects are underway in each of the
three (3) City districts. The additional activity produced by these projects in turn generates an
exponential need for proper and timely notification to the City's stakeholders. Keeping
residents, business owners and civic organizations well informed and actively involved is a
key factor of the City's ongoing and growing commitment to maintain residents informed at all
times.
The City's present contract, established pursuant to RFQ 19-11112 expires October 1,2015
and all renewal options have been exhausted. lssuance of a new RFQ will enable the City to
establish a pool qualified consultants that will serve to facilitate the assignment of these
services for all neighborhood and facility projects.
RFP PROCESS
On May 6,2015, the City Commission approved to issue the Request for Qualifications (RFO)
No. 2015-144-YG for Public lnformation Outreach Services on Right of Way and Facilities
Construction Projects. On May 8, 2015, the RFQ was issued. A voluntary pre-proposal
conference to provide information to the proposers submitting a response was held on May 20,
2015. RFQ responses were due and received on July 14,2015. The City received a total of
four (4) proposals.
The City received proposals from the following firms:
HML Public Outreach, LLC.
lnfinite Source Communications Group, LLC.
TO:
301
Commission Memorandum - RFQ 2015-144-YG for Public lnformation Outreach Services on
Right of Way and Facilities Construction Projects
September 2,2015
Page2
Media Relations Group, LLC.
Quest Corporation of America, lnc.
On July 8,2015, the City Manager via Letter to Commission (LTC) No. 279-2015 appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals:
o Diana Fontani, Public lnformation Specialist, Office of Capital lmprovement Projects
o Melissa Berthier, Public lnformation Specialist, Office of Communications
o Lynn Bernstein, Sustainability and Outreach Coordinator, Department of Public
Works
Alternates:
o Nannette Rodriguez, Director, Office of Communications
. Elizabeth Wheaton, Assistant Building Director, Building Department, Office of the
City Manager
On August 4,2015, the City Manager via Letter to Commission (LTC) No. 309-2015, revised
the Evaluation Committee (the "Committee"), as follows:
o Diana Fontani, Public lnformation Specialist, Office of Capital lmprovement Projects,
was unable to participate as an evaluation committee member and was therefore
removed. Furthermore, alternates Elizabeth Wheaton, Assistant Building Director,
Building Department and Nannette Rodriguez, Director, Office of Communications,
were also unable to serve on the evaluation committee.. Margarita Wells, Environmental and Sustainability Specialist, Building Department,
Office of the City Manager, was added.
o Maria Cerna, Division Director, Office of Capital lmprovement Projects was added.
The Committee convened on August 11,2015 to consider proposals received and interview
the proposers. The Committee was provided an overview of the project, information relative to
the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in the table below.
-*iliroifll?0i6:J{4iYdg
;*&r&
irmtnilrlisSdtHiS r !&*
i,,effrd',i,,,,1t!!
ifmltmeari*$tttldiie
ryllry{$W.};i$#i},@
Lynn
Bemstein Rankino
Melissa
Berthiar Rankino
Maria
Cema Rankino
Margarita
Wells Rankino
LOW
AGGREGATE
T.)TAI Q Rank
-lirl Puhlic Oril.ae.h I I C 97 96 93 95 4 I
nfinite Source
lonYrunications Group,
o6 3 q3 3 q4 0a I
i,|edia Relations Group,ta 9a 1 g5 2 92 3 s9 1 7
)uest Corporation of
VrErica. lnc.95 4 91 4 90 4 97 3 15 i
302
Commission Memorandum - RFQ 2015-144-YG for Public lnformation Outreach Services on
Right of Way and Facilities Construction Projects
September 2,2015
Page 3
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with Media Relations Group, LLC, HML Public Outreach, LLC., lnfinite Source
Communications Group, LLC., and Quest Corporation of America, lnc., to establish a pool of
consultants that can provide services to the City on an as needed basis. Further, the City
Manager recommends that the Mayor and City Clerk be authorized to execute Agreements
upon successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the resolution
accepting the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Qualifications No. 2015-144-YG (the RFQ), for Public lnformation
Outreach Services on Right of Way and Facilities Construction Projects.
JLM/MT/KGB/SF/AD/YG
T:\AGENDA\201S\SeptembeAPROCUREMENnRFQ 2015-144-YG Public lnformation Outreach Services - Memo.doc
303
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR
QUALTFICATTONS NO. 2015-144-YG (THE RFQ), FOR PUBLIC
TNFORMATTON OUTREACH (PlO) SERVICES ON RIGHT OF WAY
AND FACILITIES CONSTRUCTION PROJECTS; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH HML
PUBLIC OUTREACH, LLC., INFINITE SOURCE COMMUNICATIONS
GROUP, LLC., MEDIA RELATIONS GROUP, LLC., AND QUEST
CORPORATION OF AMERICA, INC., TO ESTABLISH A POOL OF
CONSULTANTS THAT CAN PROVIDE THE REQUIRED PlO
SERVICES ON AN AS NEEDED BASIS; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Qualifications (RFO) No. 2015-144-YG for Public lnformation
Outreach Services on Right of Way and Facilities Construction Projects was issued on May 8,
2015, with an opening date of July 1 4, 2015; and
WHEREAS, a pre-proposal conference was held on May 20, 2015; and
WHEREAS, the City received four (4) proposals from HML Public Outreach, LLC.,
lnfinite Source Communications Group, LLC., Media Relations Group, LLC., and Quest
Corporation of America, lnc; and
WHEREAS, on August 11, 2015 an Evaluation Committee appointed by the City
Manager convened to consider all proposals; and
WHEREAS, the Committee was provided an overview of the project, information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
un tlre scope of services, references, and a copy of the proposal; and errgaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank the proposals pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: Media Relations Group, LLC, top-
ranked; HML Public Outreach, LLC., and Infinite Source Communications Group, LLC., were
tied as the second highest ranked firm; and Quest Corporation of America, lnc., fourth highest
ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence, and is recommending that the
Administration be authorized to enter into simultaneous negotiations with the following
proposers: Media Relations Group, LLC, HML Public Outreach, LLC., lnfinite Source
Communications Group, LLC., and Quest Corporation of America, lnc.; to establish a pool of
304
consultants that can provide services to the City on an as needed basis.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals pursuant to Request for Qualifications No. 2015-144-YG (the RFQ), for Public
information Outreach (PlO) Services On Right of Way and Facilities Construction Projects;
authorizing the Administration to enter into negotiations with Media Relations Group, LLC, HML
Public Outreach, LLC., lnfinite Source Communications Group, LLC., and Quest Corporation of
America, lnc., to establish a pool of consultants that can provide the required PIO Services on
an as needed basis; and further authorizing the Mayor and City Clerk to execute Agreements
upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of 2015.
'iffi$m*LR'
cn\-r(y
T:\AGENDAV01S\September\PROCUREMENT\RFQ 2015-144-YG Public lnformation Outreach Services - Reso.doc
305
C7 - Resolutions
C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute
Amendment No. 1 To The Tyler Technologies, lnc., Agreement Between The City Of
Miami Beach And Tyler Technologies, lnc., Dated October 10,2014 Amending The ERP
System 'Go-Live' Dates, To The Contract With Tyler Technologies, lnc.
(ProcuremenVOffice of the City Manager)
(ltem to be Submitted in Supplemental)
Agenda ltem C7 E
Date ?-)-lY306
THIS PAGE INTENTIONALLY LEFT BLANK
307
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AppROVtNG, PURSUANT TO SECTTON 2-367(D) OF THE MIAMI BEAGH CITY CODE,
THE SOLE SOURCE PURCHASE OF TECHNICAL SERVICE SUPPORT FOR MANUAL EXTERNAL
DEFIBRTLLATORS AND AUTOMATED EXTERNAL DEFRIBRILLATOR'S (AED'S), FROM PHYSIO-
CONTROL INCORPORATED. THE SOLE SOURCE PROVIDER.
lncrease communitv satisfaction with
COMMISSION ITEM SUMMARY
Environmental
Board Recommendation:
Clerk's Office
ROCUR 2015-243-KB Physio Control Sole
Item Summary/Recommendation :
The Procurement Department has receive! a request from the Fire Department to procure Technical
Service Support for manual external defibrillators and automated external defibrillators (AED) from Physio-
Control, lnc.
An AED is a portable device used by emergency medical personnel that monitors heart rhythm and, if
needed, delivers an electric shock to the heart in an attempt to restore normal rhythm in cases such as
sudden cardiac arrest. The Fire Department has used, as its standard, Physio-Control LIFEPAK AED's
exclusively for over twenty-five years. The Fire Department staff has been extensively trained on this
standard equipment. These devices are critical to providing Advanced Life Support and must be in good
working condition at all times. Standardization on one system is necessary for training and for purposes
of consistency.
As noted in the attached letterfrom Physio-Control, lnc., dated December 1,2014, Physio-Control, lnc., is
the sole-source provider of the LIFEPAK equipment, including training materials and services to the
equipment. Notwithstanding the notification by Physio-Control, lnc, and as a..matter of due diligence, the
Procurement Department released an lntentto Sole Source (lTS) on July 29'n, 2015 to notify prospective
bidders of: 1) the City's intention to seek the requires services from the manufacturer of the equipment;
and 2) to allow bidders who may feel they are qualified to challenge the City's sole source decision. No
responses to the ITS were received.
The City Manager recommends that the Mayor and City Commission approve the Resolution authorizing
the City Manager to execute the Technical Service Support Agreement with Physio-Control, lnc., with a
term commencing on October 1,2015 through September 30, 2018, at a total cost for the term of
$117,036.82 further authorizing the purchase of accessories and electrodes, as necessary at a discount of
15% during the term of the Agreement.
RECOMMENDATION
the Resolution.
Financial lnformation:
Financial lmpact Summary: The cost of the 3-year agreement is $117,036.82, payable in annual
installments, with no payment due for the remainder of FY 2015. The initial annual installment of
$39,012.28 is due on October 2015 for FY 2016 has been requested through the 2016 budgeting
011-1220-000325117.036.82
$1 17,036.82
(B AAIAMISEACH
Agenda ttem C7F
Date_7I:/7308
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
BEACH, FLORTDA APPROVTNG, PURSUANT TO SECTTON 2-367(D) OF THE MIAMI
BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF TECHNICAL SERVICE
SUPPORT FOR MANUAL EXTERNAL DEFIBRILLATORS AND AUTOMATED
EXTERNAL DEFRTBRTLLATOR',S (AED',S), FROM PHYS|O-CONTROL
INCORPORATED, THE SOLE SOURCE PROVIDER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
lncrease community satisfaction with City government.
FUNDING
The cost of the 3-year agreement is $1 17 ,036.82, payable in annual installments, with no payment due
for the remainder of FY 2015. The initial annual installment of $39,012.28 is due on October 2015for
FY 2016 has been requested through the 2016 budgeting process for Account No. 011-1220-000325
Contract Maintenance, Fire.
BACKGROUND
The Procurement Department has received a request from the Fire Department to procure Technical
Service Support for manual external defibrillators and automated external defibrillators (AED) from
Physio-Control, lnc.
An AED is a portable device used by emergency medical personnel that monitors heart rhythm and, if
needed, delivers an electric shock to the heart in an attempt to restore normal rhythm in cases such as
sudden cardiac arrest. The Fire Department has used, as its standard, Physio-Control LIFEPAK AED's
exclusively for over twenty-five years. The Fire Department staff has been extensively trained on this
standard equipment. These devices are critical to providing Advanced Life Support and must be in
good working condition at all times. Standardization on one system is necessary for training and for
purposes of consistency.
As noted in the attached letter from Physio-Control, lnc., dated December 1,2014, Physio-Control,
lnc., is the sole-source provider of the LIFEPAK equipment, including training materials and services to
the equipment. Notwithstanding the notification by Physio-Control, lnc, and as a matter of due
diligence, the Procurement Department released an lntent to Sole Source (lTS) on July 29th, 2015 to
notify prospective bidders of: 1) the City's intention to seek the requires services from the
manufacturer of the equipment; and 2) to allow bidders who may feel they are qualified to challenge
the City's sole source decision. No responses to the ITS were received.
CO SSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
September 2,2015
the City ission
309
City Commissioner Memorandum - Physio-Control, lnc. Sole Source Technical Service Support
September zno,2015
Page 2 of 2
CONCLUSION
The City Manager recommends that the Mayor and City Commission approve the Resolution
authorizing the City Manager to execute the Technical Service Support Agreement with Physio-
Control, lnc., with a term commencing on Octobet 1,2015 through September 30, 2018, at a total cost
for the term of $117,036.82 further authorizing the purchase of accessories and electrodes, as
necessary at a discount of 15% during the term of the Agreement.
JLM/MT/KGB/AD/VF
T:\AGENDAU01s\SeptembeAPROCUREMENT\ITS 2015-243-KB Physio Control Sole Source - ISSUANCE MEMO.doc
310
RESOLUTION TO BE SUBMITTED
311
COMMISSION ITEM SUMMARY
Condensed Title:
ngtheacceptanceofsponsorshipsvaluedat$10,650giventotheCityforfamily
service day, annual Veierans Day Parade, Food Truck and Music Festival and in-kind sponsorship valued at $60,000 for
throuqhout the
lntended Outcome
Item Summary/Recommendation :
Financial lnformation :
Supporting Oata (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey reported two out of
three residents (67%) believed the City offered the right amount of cultural activities, while27o/o said there were too few. ln
2005,34% of residents thought there were too few cultural activities, and in 2009 the figure decreased to24o/o. Residents of
North Beach (30%) and South Pointe (31Yo) were more likely to say there were too few cultural activit6
Each year tire City of Miami Beach hosts various events and programs throughout the City. These events engage and
educate the community and offer an opportunity to give back.
The City will be hosting the Annual Family Service Day on September 26, 2015. This event will bring hundreds of
volunteers together to engage the community in projects that promote recycling and enhance local parks, which offer free
outdoor entertainment to our citizens. This event is open to the general public at no charge. Each month the City also hosts
the Food Truck and Music Festival in North Beach.
The City also hosts an annual Veterans Day Parade. Staff continue to identify sponsors for this event and all future
sponsors will be presented at the October commission meeting. Sponsors currently securred for this event include Miami
Beach MedicalGroup.
Marketing efforts for these events include, but are not limited to PSA's, e-blasts and social media. The media plan includes
news and local programming coverage, including M877, the Miami Beach government channel, City of Miami Beach e-
briefs, as well as television, and newspaper calendars around South Florida.
The City secured the following sponsors for these events at varying levels of support; Miami Beach Medical Group, Shake
Shack, Happy Kids Childcare and School, The Children's Trust, RDP Agency, and State Farm lnsurance.
Each Year the City orders and distributes approximately 600 cases of dog bags throughout the city for public use. The cost
of this program is approximately $60,000.
To assist in funding this program, the City will receive a full year supply of dog bags donated by Dogbag Realty, LLC, which
will have a city-approved advertisement for Dogbag Realty printed on the bags.
Placement of the donated baqs will begin October 1, 2015 and continue for one year or until thq !ag! fleye_Iq! ry!
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
These sponsors are providing a total of $70,650 in funding and in-kind contributions to offset the costs for City programs and
events.
Glerk's Office
AssistantQity Manager
T:\AGENDA\20'1 5\Septem beATCE
nEM c7 G
DIijG ?-21{& MIAMISHACH 312
r.-..-{ir-.^-.
MrFnzfrsEACf
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSI MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015
the City
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MlAMI BEACH, FLORIDA,ROVING AND AUTHORIZ!NG THE
ACGEPTANCE OF SPONSORSHIPS VALUED AT $10,650 FOR THE 2015
ANNUAL FAMILY SERVICE DAY, ANNUAL VETERANS DAY PARADE AND
FOR ONE MONTHLY FOOD TRUCK AND MUSIC FESTIVAL, AS WELL AS AN
IN.KIND SPONSORSHIP VALUED AT $60,000, MADE TO THE CITY FOR A
ONE YEAR SUPPLY OF DOG WASTE BAGS.
ADM!NISTRATION RECOMMEN DATION
Adopt the resolution.
ANALYSIS
Each year the City of Miami Beach hosts various events and programs throughout the City.
These events engage and educate the community and offer an opportunity to give back.
The City will be hosting the Annual Family Service Day on September 26,2015. This event
will bring hundreds of volunteers together to engage the community in projects that promote
recycling and enhance local parks, which offer free outdoor entertainment to our citizens.
This event is open to the general public at no charge. Each month the City also hosts the
Food Truck and Music Festival in North Beach.
The City also hosts an annual Veterans Day Parade. Staff continue to identify sponsors for
this event and all future sponsors will be presented at the October commission meeting.
Sponsors currently securred for this event include Miami Beach Medical Group.
Marketing efforts for these events will include, but are not limited to PSA's, e-blasts and
social media. The media plan includes news and local programming coverage, including
MB77, the Miami Beach government channel, City of Miami Beach e-briefs, as well as
television, and newspaper calendars around South Florida.
The City secured the following sponsors for these events at varying levels of support:
o Miami Beach Medical Group
o Shake Shack
o Happy Kids Childcare and School
o The Children's Trust
o RDP Agency
o State Farm lnsurance
313
September 2,2015
City Commission Meeting
Page 2 of 2
Additionally, each year the City orders and distributes approximately 600 cases of dog bags
throughout the city for public use. The cost of this program is approximately $60,000.
To assist in funding this program, the City will receive a full year supply of dog bags donated
by Dogbag Realty, LLC, which will have a city-approved advertisement for Dogbag Realty
printed on the bags.
Placement of the donated bags will begin October I ,2015 and continue for one year or until
the bags have ran out.
CONCLUS!ON
Staff worked diligently to identify funding sources to off-set the costs of producing these
programs. The Administration recommends the adoption of the attached Resolution
authorizing the acceptance of these sponsorships, their appropriation to cover costs of the
Annual Family Service Day, the Veterans Day Parade, one monthly Food Truck Event and
purchase of dog bags for one year.
illb 40
JLM/KGB/MAS/TD
T:\AGENDA\201 S\September\TCED\Sept 2015 Sponsorship Acceptance Memo draft.doc
314
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVINGAND AUTHORIZING THE ACCEPTANCE OF
SPONSORSHIPS VALUED AT $10,650 FOR THE 2015
ANNUAL FAMILY SERVICE DAY, THE 2015 ANNUAL
VETERANS DAY PARADE, AND FOR ONE MONTHLY FOOD
TRUCK AND MUSIC FESTIVAL, AS WELL AS AN IN.KIND
SPONSORSHIP VALUED AT $60,000, MADE TO THE CITY
FOR A ONE YEAR SUPPLY OF DOG WASTE BAGS.
WHEREAS. the City of Miami Beach hosts an Annual Family Service Day, an
annualVeterans Day Parade, as well as a monthly Food Truck and Music Festival; and
WHEREAS, these events bring hundreds of volunteers together to engage the
community in projects that promote recycling and the enhancement of local parks, to
honor our nation's military veterans, and offer free outdoor entertainment to our citizens
in North Beach; and
WHEREAS, City staff has worked diligently to identify funding sources to off-set
the costs of producing these events and has secured partnerships through donations
and sponsorships for these events at varying levels of support from the Miami Beach
Medical Group, Shake Shack, Happy Kids Childcare and School, the Children's Trust,
RDP Agency, and State Farm lnsurance; and
WHEREAS, the Administration recommends the acceptance of donations and
sponsorships from the above-referenced sources in the total amount of $10,650 to
cover the costs of the Annual Family Service Day, the annual Veterans Day Parade,
and the monthly Food Truck and Music Festival for one month; and
WHEREAS, each year, the City orders and distributes approximately 600 cases of
dog bags throughout the City for public use at a cost of approximately $60,000; and
WHEREAS, the City will receive a full year supply of dog bags sponsored by
Dogbag Realty, LLC, which will have a City-approved advertisement for Dogbag Realty
printed on the bags; and
WHEREAS, the City Administration recommends that the City Commission
authorize the City Manager, or his designee, to make any necessary reimbursements
and/or expenditures of the aforestated donations, in furtherance of, and consistent with,
the aforestated events.
315
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the acceptance of a total of $10,650 in
sponsorships made to the City by the Miami Beach Medical Group, Shake Shack,
Happy Kids Childcare and School, the Children's Trust, RDP Agency, and State Farm
lnsurance for the 2015 Annual Family Service Day, the annual 2015 Veterans Day
Parade, and for one monthly Food Truck and Music Festival, as well as approve and
authorize the acceptance of a one-year supply of dog bags valued at $60,000 as an in-
kind sponsorship made to the City by Dogbag Realty, LLC.
PASSED and ADOPTED this 2nd day of September, 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
T:\AGENDA\201S\September\TCED\September 201 5 Sponsorship Acceptance Reso.doc
APPROVED A"S TO
FORM & LANGUAGE
& FOR EXECUIION
316
THIS PAGE INTENTIONALLY LEFT BLANK
317
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving and award
of $3,350 for the City's Joint Tourism and Hospitality Scholarship Program in partnership with Spectra and
lntended Outcome Su
Maximize The Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey
640/o of resident respondents feel the tourism i to the qualiW of life.
Item Summary/Recommendation :
The City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in partnership with
the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and Centerplate. Contributions to the
City's scholarship program were contractually required of the three (3) entities. During the GMCVB's
contractrenewalin2004,therequirementwasremovedfromtheircontract. Asyouknow,inSeptemberof
2008, the City replaced SMG with Spectra (formerly Global Spectrum). Spectra and Centerplate currently
partner with the City on this program and contribute $15,000 and $20,000 respectively annually.
The scholarship program is geared toward Miami Beach residents or graduates of Miami Beach Senior
High School who are enrolled or are planning to enroll in post-secondary education and have expressed
interest in the food and hospitality industry (as demonstrated by coursework and extracurricularactivities).
Since the inception of the program, over $220,000, which includes the current scholarship
recommendation of $3,350, has been awarded to more than 44 different Miami Beach students. There are
awards recommended.
Financial !nformation :
Source of
Funds:aa
OBR_--
Financial lmpact
was aoorooriated
Summary: Funding for this is provided by Global Spectrum and Centerplate and
in the FY 14l15
199.6025.000343
199.6025.000343
Clerk's Office islative Tracki
Max Sklar, Tourism and Cultural Development Director
AGETTTDA trEM C7 H
oerc %'l{E MIAMIBEACH 318
&
-
lsrAcF-lA,,!t, f..,r,! ri I ;r. .,
v i,, ,i 'u/
City of Miqmi Beoch, 1200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
IS ON MEMORANDUM
TO: Honorable Mayor Philip Levine and mbers the City Commission
FROM:
DATE:
SUBJECT:
Jimmy L. Morales, City Manager
September 2,2015
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AWARD OF $3,350 FOR THE
CITY'S JOINT TOURISM AND HOSPITALIW SCHOLARSHIP PROGRAM tN
PARTNERSHIP WITH SPECTRA AND CENTERPLATE.
RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available in account 199.6025.000343 provided by Spectra (formerly Global Spectrum) and
Centerplate as per their agreements with the City and was appropriated in the FY 14t15 budget.
BACKGROUND
The City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in partnership with
the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and Centerplate. Contributions to the
City's scholarship program were contractually required of the three (3) entities. During the GMCVB's
contract renewal in 2004, the requirement was removed from their contract. As you know, in September of
2008, the City replaced SMG with Spectra (formerly Globalspectrum). Spectra and Centerplate currently
partner with the City on this program and contribute $15,000 and $20,000 respectively annually. There is
also a balance of $177,000 available, which includes the contributions made to the fund in FY 2014t15.
After the 2015 awards are made, there will be $173,650 (plus future contributions) available.
The scholarship program is geared toward Miami Beach residents or graduates of Miami Beach Senior High
Schoolwho are enrolled or are planning to enroll in post-secondary education and have expressed interest
in the food and hospitality industry (as demonstrated by coursework and extracurricular activities). To be
eligible for the scholarships, applicants must meet the following, minimum criteria:. High School Diploma or Equivalent (Presumed in Seniors)o United States resident, citizen or visiting student with valid student visa for college
admission. Enrollment in post-secondary education institution. lnterest expressed in the food and hospitality industryr Minimum 2.5 (un-weighted Grade Point Average). Applicationcompletedaccuratelyo Two letters of recommendation. Certified copy of school transcript or credit history formo Resume attached. Copy of lease, utility bill or other residency proof. Copy of birth certificate, Social Security Card, Resident Alien Card or valid student visao Additional support material representing service
319
Page 2 of 2
H o s p i ta I i ty Scholarships
The levelof funding allocated to an eligible applicant is based on severalcriteria, with a maximum award of
$2,300 possible. The five (5) funding allocation categories and criteria are as follows:
ACADEMICS
GPA: 2.5 - 2.999
GPA: 3.0- 3.499
GPA: 3.5 +
$
$
$
INGOME APPLICATION STATUS
150 | $30,001 +150 I 3RD TIME APP
300 | $15,001 -$30,000 3OO I 2ND TIME APP
500 I $0-$15,000 5OO I lST TIME APP
$
$
$
$ 100
$ 200
300
UNIVERSITY/COLLEGE
PUBLTC $ 250
PRIVATE $ 5OO
FIELD OF STUDY
RELATED FIELD $ 250
TOURISM/HOSP $ 5OO
Since the inception of the program, over $220,000, which includes the current scholarship recommendation
of $3,350, has been awarded to more than 44 different Miami Beach students.
ANALYSIS
There were a total of two (2) qualified applications submitted this year. All applicants were deemed eligible.
The applications are reviewed by a representative of Spectra, Centerplate and the City.
Based on the aforementioned funding allocation criteria, all applicants for this year's scholarship program
were recommended for scholarship award, as follows:
Giovanna Zambrano Gomez: $1,850
Marlon Castillo: 91.500TOTAL: $3,350
They are all residents of the City and/or attend(ed) Miami Beach Senior High School.
CONGLUSION
The City Administration recommends authorizing the expenditure of $3,350 in support of the Tourism andHospit/fy Scholarship Program, and further recommends approval of the aforementioned scholarships.
,tb
JLM/KGB\MAS
T:\AGENDAV0l 3Uune 5\Hospitality Schotarships MEM.doc
320
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AWARD OF $3,350 FOR THE
GITY'S JOINT TOURISM AND HOSPITALITY SCHOLARSHIP PROGRAM IN
PARTNERSHIP WITH SPEGTRA MANAGEMENT GROUP AND CENTERPLATE,
tNc.
WHEREAS, the City of Miami Beach Tourism and Hospitality Scholarship Program
("Program") began in 2003 in partnership with the Greater Miami Convention and Visitors Bureau
(GMCVB), SMG, and Centerplate, lnc. ("Centerplate"); and
WHEREAS, Spectra Management Group ("Spectra"; formerly Global Spectrum) and
Centerplate currently partner with the City on this Program; and
WHEREAS, Spectra contributes $15,000 annually and Centerplate contributes $20,000
annually to the Program; and
WHEREAS, the Program's tourism and hospitality scholarship is awarded to Miami Beach
residents or graduates of Miami Beach Senior High Schoolwho are enrolled, or are planning to enroll,
in post-secondary education and have expressed an interest in the food and hospitality industry (as
demonstrated by coursework and extracurricular activities); and
WHEREAS, the City Administration recommends approval of $3,350 in support of the Tourism
and Hospitality Scholarship Program and further recommends approval of the aforementioned
scholarships to the following individuals in the amounts stated below:
Giovanna Zambrano Gomez: $1,850
Marlon Castillo: $1.500
TOTAL:$3,350; and
WHEREAS, Giovanna Zambrano Gomez and Marlon Castillo are pursuing degrees at Miami
Dade College in lnternational Business and Culinary Arts Management, respectively, and will use the
funds to further their career goals.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize
and approve the expenditure of $3,350 for the City's joint Tourism and Hospitality Scholarship
Program, in partnership with Spectra and Centerplate, and award scholarships in the amounts of
$1,850 to GiovannaZambrano Gomez and $1,500 to Marlon Castillo.
PASSED AND ADOPTED this day of 2015
ATTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk
T:\AGENDA\201 S\September\TCED\l-iospitality Scholarships. RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
--,Q-0rf- t-z5'f
-a-
Dole
321
COMMISSION ITEM SUMMARY
Condensed Title:
Request To Amend The Awarded Contracts Pursuant To lnvitation To Bid 113-2013, For Routine And
Emergency Repairs For Water, Sanitary Sewer And Storm Water Pipe Break; Cured-ln Place Lining For
Sanitary Sewer Pipes And Storm Water Drainage Pipes; And Rehabilitation Of Sanitary Sewer Manholes And
Storm Water Manholes.
ltem Summary/Recommendation :
This contract is for routine and emergency repairs for water, sanitary and storm water pipe break, cured in place
lining for sanitary sewer and storm water drainage pipes; and rehabilitation of sanitary sewer manholes and
storm water manholes. Contractor will provide all supervision, labor, materials and necessary equipment for
these services. The purpose of the referenced ITB was to establish a means for the City to perform routine and
emergency repairs/maintenance to the existing water, sanitary sewer and storm water pipe infrastructure.
The contract is typical in that there is a list of items and an estimation of quantities which, when all combined,
provided for the overall cost of the bids and a basis of the award. The items listed include the installation of
various types of pipes and fittings and cured-in-place lining.
Many of the common pipe diameter sizes have been listed in the bid documents. There are some additional
sizes that were not contemplated at the time the specifications were developed. However, now that there are
ongoing projects, staff has identified a need to expand the sizes of the pipes that can be repaired/maintain
through the contract resulting from the lTB.
The Admlnistration is recommending an amendment to the contract which will allow the additional requirements
to be addressed while the ongoing work is completed. Staff is recommending any additional work necessary
regarding an unlisted sized pipe be completed utilizing the competitively secured price for the next larger item.
For example, a cured-in place liner for a 10 inch pipe would be paid at the same unit cost as a 12 inch pipe.
The following language is proposed under section 1.12, Additions/Deletions of ltems/Products: "The pipe
size(s) in the description of items/products listed and the corresponding unit prices submitted in the awardee's
bid shall be deemed for items/products up to that size."
ln addition, trenchless methods of repair, as opposed to open-cut spot repairs, are necessary in areas of the
City where an open-cut spot repair is either not feasible or not physically possible due to access concerns.
These trenchless repairs would serve the same function as open-cut spot repairs without the excavation and
restoration needed for open-cut repairs. Furthermore, costs for these trenchless repairs would be lower than
corresponding open-cut spot repairs. Sizes would include pipe from 8" up to 36". Attached is the proposed
pricing schedule for these items. As part of this amendment, trenchless methods for repair at mains and at
lateral connections would also be included.
Finally, the flow monitoring of sewer manholes plays an integral part in the performance of routine/emergency
sewer repairs. This consists of placing monitoring devices in certain sewer manholes in order to measure flow
and performance to ensure recent repairs have been completed effectively and have improved the system, as
well as confirming whether or not further repairs are needed. As part of this amendment, flow monitoring for
sewer manholes would also be included in the contract.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Financial I nformation :
Source of
Funds:
OBPI
Financial
islative Trac
Eric Carpenter, Public Works X6012
AGEIXDA ITEil{C7T# MIAMIBTACH DATH ?J-tr322
g MIAMIBEACH
City of Miqmi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:REQUEST TO AMEND THE AWARDED CONTRACTS PURSUANT TO INVITATION TO
BID 113.2013, FOR ROUTINE AND EMERGENCY REPAIRS FOR WATER, SANITARY
SEWER AND STORM WATER PIPE BREAK; CURED{N PLACE LINING FOR
SANITARY SEWER PIPES AND STORM WATER DRAINAGE PIPES; AND
REHABILITATION OF SANITARY SEWER MANHOLES AND STORM WATER
MANHOLES.
BAGKGROUND
This contract is for routine and emergency repairs for water, sanitary and storm water pipe break;
cured in place lining for sanitary sewer and storm water drainage pipes; and rehabilitation of sanitary
sewer manholes and storm water manholes. Contractorwill provide allsupervision, labor, materials
and necessary equipment for these services.
The purpose of lnvitation to Bid ( ITB) No. 1 13-2013 was to establish a contract, by means of sealed
bids, with a qualified vendor(s), to provide for such work.
At its December 1 1,2013 meeting, the City Commission approved the award of contracts, pursuant
to ITB No. 1 1 3-2013 for Routine and Emergency Repairs for Water, Sanitary and Storm Water Pipe
Break; Cured in Place Lining for Sanitary Sewer and Storm Water Drainage Pipes; and
Rehabilitation of Sanitary Sewer Manholes and Storm Water Manholes.
ANALYS!S
The purpose of the referenced ITB was to establish a means for the City to perform routine and
emergency repairs/maintenance to the existing water, sanitary sewer and storm water pipe
infrastructure.
The contract is typical in that there is a list of items and an estimation of quantities which, when all
combined, provided for the overall cost of the bids and a basis of the award. The items listed
include the installation of various types of pipes and fittings and cured-in-place lining.
Many of the common pipe diameter sizes have been listed in the bid documents. There are some
additional sizes that were not contemplated at the time the specifications were developed.
However, now that there are ongoing projects, staff has identified a need to expand the sizes of the
pipes that can be repairedimaintain through the contract resulting from the lTB.
Mayor Philip Levine and
Jimmy Morales, City M
September 2,2015
323
City Commission Memorandum - Amendment to ITB I 13-201 3
September 2, 201 5
Page 2 of 2
For example, under the section for cured-in place lining, the listed sewer pipe sizes are 8 inches, '12
inches, 18 inches, 20 inches, 30 inches, and 36 inches. When the system was evaluated, it became
evident that there were some pipes that currently exist that include 10 inches, 15 inches, and 24
inches. To complete the project, all of the pipes that are exhibiting leakage need to be lined. The
cost for lining the pipes is based on a per foot basis and the size of the pipe diameter.
The Administration is recommending an amendment to the contract which will allow the additional
requirements to be addressed while the ongoing work is completed. Staff is recommending any
additionalwork necessary regarding an unlisted sized pipe be completed utilizing the competitively
secured price for the next larger item. For example, a cured-in place liner for a 10 inch pipe would
be paid at the same unit cost as a 12 inch pipe. The following language is proposed under section
1.12, Additions/Deletions of ltems/Products: "The pipe size(s) in the description of items/products
listed and the corresponding unit prices submitted in the awardee's bid shall be deemed for
itemsiproducts up to that size."
ln addition, trenchless methods of repair, as opposed to open-cut spot repairs, are necessary in
areas of the City where an open-cut spot repair is either not feasible or not physically possible due to
access concerns. These trenchless repairs would serye the same function as open-cut spot repairs
without the excavation and restoration needed for open-cut repairs. Furthermore, costs for these
trenchless repairs would be lower than corresponding open-cut spot repairs. Sizes would include
pipe from 8" up to 36". Attached is the proposed pricing schedule for these items. As part of this
amendment, trenchless methods for repair at mains and at lateral connections would also be
included.
Finally, the flow monitoring of sewer manholes plays an integral part in the performance of
routine/emergency sewer repairs. This consists of placing monitoring devices in certain sewer
manholes in order to measure flow and performance to ensure recent repairs have been completed
effectively and have improved the system, as well as confirming whether or not further repairs are
needed. As part of this amendment, flow monitoring for sewer manholes would also be included in
the contract.
CONCLUSION
The City Manager recommends that the Mayor and the City Commission approve the Resolution
authoring the City Managerto negotiate and execute and amendmentto theAgreement, pursuantto
ITB 1 1 3-2013, for the routine and emergency repairs for water, sanitary sewer and storm water pipe
break; cured-in place lining for sanitary sewer pipes and storm water drainage pipes; and
rehabilitation of sanitary sewer manholes and storm water manholes, to add the additional
necessary items.
JM/MT/ETC/JJF/BAM
T:\AGENDAl201S\September\PUBLIC WORKS\Amendment to ITB 113-2013. Memo.doc
324
nste
rttLrp, lrrc.
ENVIROWA$TE $ERVICES GROUP, INC,
SPECIFIC WORK ORDER
BETI'VEEI{
ENVIROWASTE SERVICES GROUP, INC.
and
City of Miami Beach
Site; City of lllliami Beach (Ci$-Wlde)
{"The Client"}
The parties to this Specific Work Order are partie$ tc this PrEfessional Services dated July 28,2A15 {the 'Agreement'). The perties
hereto agree that all of the terms and eonditions set forth in the Agreement are in full force and effed and incorporated herein by
reference. The terms and conditions of the Agreement shalt govem ard canlrol over any inconsistent terms or conditions cqntained in
this Specifc Work Order except as lo the scope of work to be performed and lhe fees for such work which are set forlh herein end which
shall conlrol. Capitalized tenrs used in thir Specific Work Oder that are not othenrise defined herein shall have the meanings ascribed
to them in the Agreement.
SERVICE CHARGE: lF ANY PAYMENT EUE H€REUNDER OR PURSUAI{T TO ANY SPECIFIC WORK oRDER lS NOT RECEIVED BY THE
CONSULTANT WITHIN THIRTY {3O} DAYS AFTE* TTS DUE DATE, A SERVICE CHARGE IN THE AMOUNT OF ONE AND ONE.HAIF PERCENT (1.5%)
OF THE UNPAID BATANCE WLL BE CHARGEO TO THE CLIENT (IHE "SERVICE CHARGE'). THE SERVICE CHARGE SHALL BE APPL}ED
MONTHLY AND ANY PREVTOUSLY UNPAID SERVICE CHARGE WILL 8E ADDED TO rHE UNPAID BAI3NCE. The Glient hereby authorizes the
Consultant to commence the work (commencement date) required under this Specitic Work Order on lH WITHESS
WHEREOF, the parties have duly execuled this Sp€cific Work Order as of the day and year first above wrltten"
"CLIENT'
City of Miami Beach
"coNsuLTANT' (EArvrROlvASrE SERyTCES GRAUF, rNC,t
A Florida Cnrporation
TTTLE
JUTIO FOJON
Julio lojon
Direclor
TITLf
7n8n015
DATED
Headquarters: 18001 Old Cutler Rd. Ste 554 Palmetto Bay, FL 33157 ' (877) 637-3665 * F {305} 837{60S
Offices: Miaml, FL * Orlendo, FL * llouaton, TX ' Sarasota, FL * Tampa, FL
$trvw.envirowasless.com
DATED
ITB I13.2018 GROUP 2: A: CURE9.IN PLACE LI}.III'IE. SANITARY SEWER PIPES
Proposed Sanitary Sewer Pipe Lininq
LInlng
Sewer Pioe Slzes
(;ost Per
Linear Feet
10 lnches $40.00
lS lncfies $55.00
24 lnches $90.00
325
nste
roupo lilc.
ENVIROWASTE SERVICES GROUP, INC.
sPtclFlc w9Rx oRoER
3ETWEEX
ENYIROWASTE SERVTCES GROUP, tNC.
and
City of Miami Beach
Site: Gity of Miami Beach (Gity-Wide)
Att t$ike Alvarez
The parlles to this Specific Work Order Ere patties to this Pro&ssional Services dated July 28, 2015 {the "Agreemenf). The parlies hereto
agrB€ that all of lhe tenns and conditione set brfi i. lhe Agreement are in full form snd efiEct and incorporet€d herein hy referer&. Tfts
lerrns arld oofiditions of the Agreement shall gouem a*d control over arry inconsistent terms or cooditions contained in this Spwific Wort
Order exept as to lhe scope of work ts be perfoffred and lhe fees for suc*r work which are sel forlh herein and which shall conlrol.
Capitalized ierms used in this Specific Work Order that are *ot otherwis€ defined herein shall have th€ meanings ascribed to them in th€
Agreem€nt
RE: Prooosed 8 inch sanitan, sewer oipe rcEajf I ft length ITB 113-20{3 Grouo
SERVICE CI"{,ARGE: IF ANY PAYMENT DUE HEREUNOER OR PURSUANT TO ANY SPECIFIC WORK ORDER IS NOT RECEIVED BY THE
CoNSULTAM W'[TH!N 'rHmTY $0] OAYS ArrER rS DUE DATE, A SERVTCE Cr"rARS€ rN THE AMOUNT OF ONE AHD ONE-}{ALF PERCENT
IT.5%} OF THE UNPAID BALANCE WILL BE CHARGED TO THE CLIENT f'}IE "6ERVICE CHARGE"). THE SERV}CE CHARGE SI-I,ALL BE APPLIED
MONTIILY AND ANY PREVIOUSLY UNPAID SERVICE CHARGE !ryLL BE ADDED TO TFIE UNPAID SALANCE. The Client h€'eby authoTiues the
consultanllocofimefl€lhewofk(corameneemontdate)requiredu*derthisSpeci|icWorkOrderon-"ll'lwITt{Ess
WHEREOF, the parti* have duly executed this Spe€ific Wo* Order as o, the day and year fir$t absve written.
Trenchless Point Repair 8"
Trenchless Point Repair 10"
Trenchless Point Repair 12"
Trenchless Point Repair 18"
Trenchless Point Repair 24"
Trenchless Point Repair 30"
Trenchless Point Repair 36"
$2,500.00
s3,500.00
$3,800.00
$4,250.00
$5,500.00
$6,500.00
$7,400.00
"coNsuLTANr (Et{r4no}yAstE sERyrcEs GRouP, tfic,)
A Florida Corporation
"CLIENT'
City of Miami Beach
TITLE
JULIO FOJON
Julio Foion
iliretior
TITLE
7f2il2415
OATfD
Headquarbrc: 1800{ Old Cuflor Rd. Ste 554 Palmetto Bay, FL 33157 " (877} 637-S665 * F {305} 637-6806
Oflicesl lf,iarni, FL ' Orlando, FL ' Houston, fi * Sarasola, FL ' Tampa, FL
wwvr.envirE{irastesg. coil'r
DATED
326
ENVIROWASTE SERVICES GROUP, INC.
SPECIFrc WORJ( ORDER
E NVI Row^trtJE'P.="
#,1,-?l-tr)G
Ro u P' I N c'
AND
City of Miami Beach
Site: City of Miami Beach (AIton Road Lateral Repairs)
Att: Mike Alvarez
The parties to this Specific Work Order are parties to this Professional Services dated August 11,2015, (the
"Agreement"). The parties hereto agree that all of the terms and conditions set forth in the Agreement are in full force and
effect and incorporated herein by reference. The terms and conditions of the Agreement shall govern and control over
any inconsistent terms or conditions contained in this Specific Work Order except as to the scope of work to be
performed and the fees for such work which are set forth herein and which shall control. Capitalized terms used in this
Specific Work Order that are not otheruise defined herein shall have the meanings ascribed to them in the Agreement.
RE: Proposed Lateral lininq repairs alonq Alton Road ITB 113-2013 Group
- ltem D3- lnstall T-liner in
(includes 25 feet of lateral)
- ltem D 4 - lnstall T-liner in
(includes 25 feet of lateral)
Item D6- lnstall T-liner
lateral)
8-inch to 12-inch mains with 4-inch to 6- inch laterals, all depths
13 @$4,025.00 each $52,325.00
1S-inch to 1B-inch mains with 4-inch to 6- inch laterals, all depths
7 @$4,312.50 $30,187.50
in 4-inch to 6-inch laterals, all depths (per linear foot beyond 25 feet of
50 LF @ $40.25 $2,012.50
Item D15 - Sewer lateral cleaning and TV inspection from main (up to 30 feet)
20 @ $166.75 $3,33s.00
- ltem D19 - Mechanical root orgrease removal (12-inch and smaller)
2,739 LF @ $5.2S $15,749.25
CCTV is priced as per contract ITB 145-2013. 8" clean and cctv $1 .29, 12" $1 .50, 1 5' $2.25, 18" $3.00, 24" $5.00
Exclusions:
-Off Duty when required
-Bypass Pumping
-Extensive MOT
SERVICE CHARGE: IF ANY PAYMENT DUE HEREUNDEROR PURSUANTTOANYSPECIFICWORKORDER IS NOT RECEIVED BY
THE CONSULTANT WtTHtN THTRTY (30) DAYS AFTER tTS DUE DATE, A SERVTCE CHARGE rN THE AMOUNT OF ONE AND ONE-
HALF PERCENT (1.5%) OF THE UNPATD BALANCE W|LL BE CHARGED TO THE CLTENT (THE ',SERVtCE CHARGE',). THE
SERVICE CHARGE SHALL BE APPLIED MONTHLY AND ANY PREVIOUSLY UNPAID SERVICE CHARGE WILL BE ADDED TO THE
UNPAID BALANCE. The Client hereby authorizes the Consultant to commence the work (commencement date) required
under this Specific Work Order on lN WITNESS WHEREOF, the parties have duly executed this
Specific Work Order as of the day and yearfirst above written. The fees, cost or prices forthe work proposed shall expire
thirty (30) days from the date first above written.
,CONSULTANT-
ENVIROWASTE SERVICES GROUP, !NC,
A Florida Corporation
"CLIENT'
327
TITLE
Julio A. Fojon
EnviroWaste Services Group, lnc
Director
TITLE
811112015
DATED
GII|I&ITIEi*600 €rcry
Headquarters: 18001 Old Gutler Road, Suite 554 Miami, FL 33157 * (8771637-9665 " F (305) 637-9659 *
Offices: Miami, FL * Orlando, FL * Dallas, TX
www.envirowastess.com * Email: Julio.fojon@envirowastesg.com
328
ENVIROWASTE SERVICES GROUP, INC.
SPECIFrc WOR]( ORDER
E NV! RowA?;i,E'?:H'.?=*t
ro
*ou t' I N c
AND
City of Miami Beach
Site: City of Miami Beach (Alton Road Lateral Repairs)
Att: Mike Alvarez
The parties to this Specific Work Order are parties to this Professional Services dated August 11,2015, (the
"Agreement"). The parties hereto agree that all of the terms and conditions set forth in the Agreement are in full force and
effect and incorporated herein by reference. The terms and conditlons of the Agreement shall govern and control over
any inconsistent terms or conditions contained in this Specific Work Order except as to the scope of work to be
performed and the fees for such work which are set forth herein and which shall control. Capitalized terms used in this
Specific Work Order that are not othenvise defined herein shall have the meanings ascribed to them in the Agreement.
RE: Proposed Lateral Cleanout installation ITB 113-2013 Group(use existinq fill)
3' deep x 3'wide x 3' long Qty Unit Unit Price Extended
o Excavate to bottom of lateral 27 CF $13.75 $371.25
. Sanitary 4" PVC pipe(up pipe) 3 LF $125.00 $375.00
. Backfill 27 CF $19.00 $513.00
. Sod I SF $1 .20 $10.80
Total $1,270.05
SERVICE CHARGE: IF ANY PAYMENT DUE HEREUNDEROR PURSUANTTOANYSPECIFICWORKORDER IS NOTRECEIVED BY
THE CONSULTANT WTTHTN THTRTY (30) DAYS AFTER tTS DUE DATE, A SERVTCE CHARGE rN THE AMOUNT OF ONE AND ONE-
HALF PERCENT (1.5%) OF THE UNPATD BALANCE WILL BE CHARGED TO THE CLTENT (THE "SERVTCE CHARGE"). THE
SERVICE CHARGE SHALL BE APPLIED MONTHLY AND ANY PREVIOUSLY UNPAID SERVICE CHARGE WILL BE ADDED TO THE
UNPAID BALANCE. The Client hereby authorizes the Consultant to commence the work (commencement date) required
under this Specific Work Order on . lN WITNESS WHEREOF, the parties have duly executed this
Specific Work Order as of the day and year first above written. The fees, cost or prices for the work proposed shall expire
thirty (30) days from the date first above written.
"CLIENT-"CONSULTANT'
ENVIROWASTE SERVICES GROUP, INC,
A Florida Corporation
Julio A. Fojon
EnviroWaste Services Group, lnc
Director
TITLE
811112015
DATED
BY
TITLE
DATED
@trrn*800 ffiMry
. (8771 637-9665 . F(305)637-9659*
Dallas, TX
Old Cutler Road, Suite 554 Miami, FL 33157
Offices: Miami, FL * Orlando, FL *
Headquarters: 18001
329
www.envirowastess.com * Email: Julio.fojon@envirowastesg.com
330
ENVIROWASTE SERVICES GROUP, INC.
SPECIFIC WORK ORDER
BETWEEN
ENVIROWASTE SERVICES GROUP, INC.
(THE "CONSULTANT')
AND
City of Miami Beach
Site: Gity of Miami Beach (City Wide)
Att: Mike Alvarez
The parties to this Specific Work Order are parties to this Professional Services dated August 18,2015, (the
"Agreement"). The parties hereto agree that all of the terms and conditions set forth in the Agreement are in full force and
effect and incorporated herein by reference. The terms and conditions of the Agreement shall govern and control over
any inconsistent terms or conditions contained in this Specific Work Order except as to the scope of work to be
performed and the fees for such work which are set forth herein and which shall control. Capitalized terms used in this
Specific Work Order that are not othenruise defined herein shall have the meanings ascribed to them in the Agreement.
RE: Proposed Flow Monitorinq ITB 113-2013 Group
o 23 Ooen Chanel Meters
o 13 Rain Gauges
Total- 182, 000.00
Delivery of factory calibrated flow instruments and communications equipment as
specified. fnstallation re-calibration of alJ- meters and rain gauges. Delivery of report
per DERM requirement.
ESG proposes to provide for Customer a col-lection system flow metering network
utillzlng open channef fl-ow meters and tlpplng bucket rain gauges (optional)
equipped with wireless data transmission. Data shall be defivered via a web server
appllcation. This enabfes the Customer to share data across a network (or thefnternet) to operating workstations with common internet browser software. Data is
presented to the Customer using web application. AII access to data is control-l-edby password permissions. Meter sites shalf be selected by the Customer based onindividual project goals and requirements.
Price is good forthe fullterm of ITB 113-2013.
,CLIENT",CONSULTANT"
ENVIROWASTE SERVICES GROUP, INC,
A Florida Corporation
Julio A. Fojon
EnviroWaste Services Group, lnc
Director
TITLE
0811812015
DATED
BY
TITLE
DATED
I8!ffi!!r3r*500
Headquarters: 18001 Old Cutler Rd, Miami,
Offices: Miami, FL * Orlando, FL *
@
Mry
FL 33157 Suite 554 . (877) 637-9665 . F (305) 637-9659 *
Houston, TX * Naples, FL* Sarasota, FL * Tampa, FLx Email: Julio.fojon@envirowastesg.com
331
R2
COMPETITIVE BID REPORTS
332
R2 - Competitive Bid Reports
R2A Request ForApproval To lssue A Request For Proposals (RFP) No.2015-258-LR For
The Collection And Disposal Of Residential Solid Waste, Yard Trash And Bulk Waste
And The Operation Of The City's Green Waste Facility.
(ProcuremenUPublic Works)
(ttem to be Submitted in Supplemental)
Agenda ttem R2A
Date 1-L-l{333
THIS PAGE INTENTIONALLY LEFT BLANK
334
R5
ORDINANCES
335
lntended Outcome S
Increase satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the Citv to ent is "about the rioht amount."
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance that amends the requirements and procedures for the retention of architecturally
significant single-family homes.
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
Section 142-108 (gX2) of the Land Development Regulations details various incentives that are
provided for the retention and preservation of 'Architecturally Significant' single-family homes. The
proposed amendment would modify the applicability of the incentives to ensure that they only apply to
homes located outside of locally designated historic districts.
On May 27, 2015, the Land Use and Development Committee recommended that the Ordinance be
sent to the Planning Board with a favorable recommendation.
On July 8,2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2,2015.
The Administration recommends that the City Commission adopt the Ordinance.
AGE$IDA ITEIII RSA
On June 23,2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2261).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDAVO15\Septem
SUM.docx
NG\SF lncentives for Artchitectural Significant
MIAMIBEACH nme ?'2'l{336
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: September 2,2015
SUBJECT: Incentives for Architecturally t Single Family Homes
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE ll, "DISTRICT
REGULATIONS," DIVISION 2, "RS.l, RS.2, RS.3, RS-4 SINGLE.FAMILY
RESIDENTIAL DISTRICTS," SECTION 142.108, ,.PROVISIONS FOR THE
DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF
HISTORIC DISTRICTS;,, BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE RETENTION OF ARCHITECTURALLY
SIGNIFICANT SINGLE-FAMILY HOMES; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On April 15, 2015, at the request of Commissioner Malakoff, the City Commission
referred the attached Ordinance amendment (ltem C4C) to the Land Use and
Development Committee. The item was simultaneously referred to the Planning Board.
On May 27, 2015, the Land Use and Development Committee recommended that the
Ordinance be sent to the Planning Board with a favorable recommendation.
ANALYSIS
Section 142-108 (gX2) of the Land Development Regulations details various incentives
that are provided for the retention and preservation of 'Architecturally Significant' single-
family homes. These incentives, which are applicable to homes constructed prior to
1966, include increases in unit size, Iot coverage and height.
Mayor Philip Levine and Members of City Com
Jimmy L. Morales, City Manager
- PUBLIC HEARING
337
Commission Memorandum
Ordinance Amendment - lncentives for Architecturally Significant Single Family Homes
September 2, 201 5 Page 2 of 2
As currently written, these incentives can be applied to single-family homes located in
locally designated historic districts, provided the home is designated as a standalone
historic structure by the Historic Preservation Board. Since modification and demolition
of homes located in locally designated historic districts is subject to the approval of the
Historic Preservation Board, additional incentives to retain and preserve such homes
have been questioned.
The proposed amendment would modify the applicability of the incentives to ensure that
they only apply to homes located outside of locally designated historic districts. The
Ordinance amendment would modify Section 142-1OA (g)(2xl) of the Land Development
Regulations as follows:
l. The above regulations shall also be applicable to:
1. Any single-family home designated as an historic structure by the
historic preservation board, and not located with
desi o n ated h i sto ri c di stri ct.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charler Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On July 8,2015, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/TRM/RAM
T:\AGENDAV01s\September\PLANNING\SF lncentives forArtchitectural Significant Homes - Second Reading MEM.docx
338
INCENTIVES FOR ARC HITECTURALLY SIGN!FICANT SINGLE FAMILY
HOMES
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142,
"zoNlNG DISTRICTS AND REGULATIONS," ARTICLE lt, ,,DISTRICT
REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS,4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS," SECTION 142.108, "PROVISTONS FOR THE
DEMOLITION OF SINGLE.FAMILY HOMES LOCATED OUTSIDE OF
HISTORIC DISTRIGTS;,, BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE RETENTION OF ARCHITECTURALLY
SIGNIFICANT SINGLE-FAMILY HOMES; PROVIDING FOR GODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFEGTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and generalwelfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, the Planning Board, at its meeting dated June 23, 2015, by a vote of 6-0,
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-108. - Provisions for the demolition of single-family homes located outside of historic
districts.
(g) New construction requirements for properties containing a single-family home
constructed prior to 1 942.
339
a.
b.
d.
e.
(2) Regulations for additions to architecturally significant homes which are substantially
retained and preserved. ln addition to the development regulations and area requirements of
section 142-105, of the land development regulations of the City Code, the following shall
apply in the event an architecturally significant single-family home constructed prior to 1942 is
substantially retained and preserved. ln the event of a conflict between the provisions of
section 142-105, 142-106 and section 118-252, and the regulations below, the provisions
herein shall control:
Review criteria. The proposed addition and modifications to the existing structure may be
reviewed at the administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or designee. The design of
any addition to the existing structure shall take into consideration the scale, massing,
building orientation and siting of the original structure on the subject site.
Lot coverage. The total lot coverage may be increased to, but shall not exceed 40
percent, and may be approved at the administrative level, provided that the review criteria
in section 142-105 have been satisfied, as determined by the planning director or
designee. ln the event the lot coverage of the existing structure exceeds 35{+91 percent,
no variance shall be required to retain and preserve the existing lot coverage and a
second level addition shall be permitted, provided it does not exceed 60 percent of the
footprint of the existing structure; no lot coverage variance shall be required for such
addition.
Unit size. The total unit size may be increased to, but shall not exceed 60 percent, and
may be approved at the administrative level, provided that the review criteria in section
142-105 have been satisfied, as determined by the planning director or designee.
Heights for RS-3 and RS-4. For lots zoned RS-4 with a minimum lot width of 60 feet, or
lots zoned RS-3, the height for ground level additions not to exceed 50 percent of the lot
coverage proposed, may be increased up to 26 feet for a flat roofed structure and 29 feet
for a sloped roof structure (as measured to the mid-point of the slope) above the minimum
required flood elevation, and may be approved at the administrative level, provided that
the review criteria in section 142-105 have been satisfied, as determined by the planning
director or designee.
Heights for RS-1 and RS-2. For lots zoned RS-1 or RS-2, the height for ground level
additions not to exceed 50 percent of the lot coverage proposed may be increased up to
30 feet for a flat roofed structure and 33 feet for a sloped roof structure (as measured to
the mid-point of the slope) above the minimum required flood elevation, and may be
approved at the administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or designee.
Courtyards. The minimum courtyard requirements specified in subsection 142-106(2)d.
may be waived at the administrative level, provided that the review criteria in section 142-
105 have been satisfied, as determined by the planning director or designee.
Front setback. Two-story structures or the second floor may encroach fonnrard to the 20-
foot front setback line, and may be approved at the administrative level, provided that the
review criteria in section 142-105 have been satisfied, as determined by the planning
director or designee.
Second floor requirements. The maximum second floor area of 70 percent specified in
subsection 142-105(b)(3)c may be waived at the administrative level, provided that the
review criteria in section 142-105 have been satisfied, as determined by the planning
director or designee.
f.
g.
h.
2
340
t.
Two-story ground level additions. The construction of a ground floor addition of more than
one story shall be allowed to follow the existing interior building lines, provided a minimum
side setback of five feet is met, and may be approved at the administrative level, provided
that the review criteria in section 142-105 have been satisfied, as determined by the
planning director or designee.
Proiections. Habitable additions to, as well as the relocation of, architecturally significant
structures, may project into a required rear or side yard for a distance not to exceed 25
percent of the required yard, up to the following maximum projections:1. lnterior side yard: Five feet.2. Street side yard: Seven feet six inches.3. Rear yard: Fifteen feet.
Fees. The property owner shall not be required to pay any city planning or public works
department fees associated with the renovation and restoration of the existing single-
family home; except that any and all non-city impact fees and other fees shall still be
required.
The above regulations shall also be applicable to:1. Any single-family home designated as an historic structure by the historic
preservation board, and not located within a locallv desionated historic district.2. Any single-family home constructed prior to 1966, if the owner voluntarily seeks a
determination of architectural significance and if such home has been determined to
be architecturally significant in accordance with section M2-108(a).
SECTION 3. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIF!GATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTIONS. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
341
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
2015.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
July 8,2015
September 2,2015
8*\ D*'\-a,,rO*"rry
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
S+r*e$+eugh denotes deleted lang uage
[Sponsored by Commissioner Malakoff]
T:\AGENDA\201S\SeptembeAPl-ANNING\SF lncentives for Architectural Significant Homes - Second Reading ORD.docx
4
342
o@o
E
ga gEt ;i;-= EPE ; rI IS C eE: €IE! E=EE :=p= :;€
if5 ;;E gi; EEIgp iEE ltr= E:+ giE iii Egi iE Es
;eEEii;ttEr*EiiEttiE€lEiE
#E* sEE EIg{ #$$ {E$ iE'i EiE EE E;
e+E eet g}:fi fit free ;;i t:I ;E
EgEEiiEEEE$EEEEEEEiiEiEEi
EEEEElEEEEEEEEEEiBEEEEEEEi
EEtgEgg*tEIEtEilgggglgllggai; EEE Egtpt E;*s ?e* ssE anE ;resls eEE q
E E e E=-E oEEg'E f +t E
=
Fi frI= gti EE?38 ?=s 3Ei_,IE seEs SE€IE; EPE rE
EtE EsE FEESE EtEE [iEgEf gHi,EE
$EE EIE EEEEE IaE+ EEE I;E- E;;A EE
iIE iEE EEEEE Eiii EEEEEEiEEiiEE,
:lg= EEEi$ geEgEs EEFgi EEEE EEE* 3EEf EiE
r o !' r- o !d'=a o'tr:Er= .E;e36= ..E !='.-R
Fi.I. s!3H.E;! .E; gS;!3 fiiEr.--uo=vo*u- o ---= c: Yd ' Xr o
;3E "3fEt;e .!i***
:-E! r---tr tr bEi{ EII E!,r,8 ! i g,S
E'Eg EE=so9'5 o96 or eE e.r=;
Eq q f :Et'o bi E.E 8 p
FEE FE+Hge=p s'fE:S;E? ;:ls6E F Eq'= ot99.q PPL666E O6Eo
g'E 3 g'E5 ;
riEE ib€E
3:E E E:i }rE?s rE eEe.-E E -3.. E IE€EE i=EAs
eEET EEtIJE 6': J.s,l B
EE E$ se s.*
EEEEEFiEBSEt B8E*.6.E b I E.E 9.E>u) c{ >(,) E!Bs E i Bv.9'E
EgE E E",s;
9o o'i gtrl I E-ccs 6 ccci o's"i Es 'p";'9rT
EeE* EpE€
iqgE fqsei ENr.-fr i FN...:ii.= E o - -'= tr @-
:EB.ET fiEBEieY';6! e:'t6d,
=<oo< =<ooL
oo
E(o
.E
O
E ...9P
E,tr!o-oE
OOTL4a
,o' EIoo,
--6
i5ooiEOGmo'=oE<
=E40eOo@
;;.EE;go.9
.0 o
'at €OQ'-ccv
coo..t b
>o.tNo ni'!Ltro6!:Ei.s
;?h<E
!@
--!9'=ootEo.,E_o
-6,;o>6
oc
.=6
3=s oi'
.9 .:ga
ots.96
3 (.)
Oc
=o€?OOt>Fc
i:o;o+oCQor
'6:;
io:EUrd.e!!(Jr-'(/)o
!!r
ro
ont
N
tr,
IJJE
UI
F.o-ul
U)
ct)(,
-1o0c
IJ UJOI
=9<d
=?bg
t rrr'68
oz
mtt
df
LU
r"ft
?
ll'l
illlilil
{
(l
II
IJIztoF
6N
dN
ts
=(,
=i6qt
=-F
Eo9E
@
o-
E
.9
=
a
olu
=s
=
343
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance that amends the requirements and procedures for issuance of a demolition permit prior
to the issuance of a full building permit for architecturally significant pre-1942 single family homes.
lntended Outcome Su
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
City Code Section 118-108 (f)(2) requires that a full building permit for new construction be issued
prior to the issuance of a total demolition permit for a pre-1942 architecturally significant single family
home. This regulation is in conflict with procedures set forth in the Florida Building Code (FBC), which
require the demolition of a structure prior to the issuance of a permit for a proposed new building on
that site. Due to this conflict, the proposed Ordinance amendment includes modifications to the
current demolition procedures set forth in the LDR's that seek to balance both interests.
On June 17, 2015, the Land Use and Development Committee recommended that the Ordinance be
sent to the Planning Board with a favorable recommendation.
On July 8,2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2,2015.
The Administration recommends that the City Commission adopt the Ordinance.
AGENDA rrem R 5B
Increase satisfaction with neighborhood character. lncrease satisfaction with development and
roMh manaoement across the Citv.
Supporting Data (Surveys, Environmental Scan, etcl 48% of residential respondents and 55o/o of
businesses rate the effort put forth bv the Citv to requlate development is "about the rioht amount."
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2262).
Financial ! nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
Assistant City Manager
ING\Demo Procedures Pre 1942 SF Homes -
MIAMIBEACH D,ffE E-2-K344
MIAMIBEACH
Cify of Miomi Beoch, I Z0O Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 ND READING - PUBLIC HEARING
SUBJECT: Demolition Procedures for Pre-1942 SF Homes
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE ll, ',DISTRICT
REGULATIONS," DIVISION 2, "RS-l, RS-2, RS-3, RS-4 SINGLE-FAMlLy
RESIDENTIAL DISTRICTS," SECTION 142.108, "PROVISIONS FOR THE
DEMOLITION OF SINGLE.FAMILY HOMES LOCATED OUTSIDE OF HISTORIC
DISTRICTS;,, BY AMENDING THE REQUIREMENTS AND PROGEDURES FOR
THE ISSUANCE OF A DEMOLITION PERMIT PRIOR TO THE ISSUANGE OF A
FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE.1942
SINGLE FAMILY HOMES; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On May 6,2015, at the request of Commissioner Malakoff, the City Commission referred
the subject Ordinance amendment (ltem C4B) to the Land Use and Development
Committee. The item was simultaneously referred to the Planning Board.
On June 17, 2015, the Land Use and Development Committee recommended that the
Ordinance be sent to the Planning Board with a favorable recommendation.
ANALYSIS
On April 10, 2002, the City Commission adopted an Ordinance establishing demolition
procedures for single-family homes which were constructed prior to 1942 and
determined to be architecturally significant. Specifically, such procedures required
Design Review Board approval for the new construction. Further, City Code Section
345
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Pre-1942 SF Homes
September 2, 2015 Paqe 2 of 4
118-108 (f)(2) requires that a full building permitfor new construction be issued priorto
the issuance of a total demolition permit.
With regard to the above noted City Code requirements for obtaining a demolition
permit, Planning Staff has been made aware that this regulation is in conflict with
procedures set forth in the Florida Building Code (FBC), which require the demolition of
a structure prior to the issuance of a permit for a proposed new building on that site.
However, requiring that a new construction project be substantially permitted prior to the
issuance of a total demolition permit is in the best interest of the City as it reduces
speculative demolition. Due to this conflict, the proposed Ordinance amendment
includes modifications to the current demolition procedures set forth in the LDR's that
seek to balance both interests.
The proposed Ordinance amendment includes modifications to the existing applicable
code section (Sec. 142-108 (0(2)), to allow a total demolition permit to be issued prior to
the issuance of a full building permit. Specifically, the proposed Ordinance requires that
certain minimum benchmarks are achieved prior to the issuance of a demolition permit.
These benchmarks include:
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction
shall be reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not limited
to, building permit and impact fees, as well as applicable concurrency and fees in
lieu of providing parking; and
4. A tree survey, if required shall be submitted and a replacement plan, if required,
shall be reviewed and approved by the Greenspace Management Division; and
5. All debris associated with the demolition of the structure shall be recycled, in
accordance with the applicable requirements of the Florida Building Code.
ln summary, a defined set of predictable rules and procedures for the demolition of
single-family homes would allow for consistency with the applicable building code. lt
would also discourage the demolition of viable single-family homes for speculation and
prevent an excess of vacant lots. Finally, it should be noted that none of the changes
suggested herein would limit or impact the ability of the Building Official to exercise
discretion under the Florida Building Code to remedy emergency conditions.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
346
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Pre-1942 SF Homes
September2,2015 Page 3 o'f 4
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On July 8,2015, the subject Ordinance was approved at First Reading. Subsequent to
this approval, Planning staff identified minor conflicts with 2 other subsections of 142-
108. ln orderto remove these conflicts, and have the entire Section of the Ordinance be
consistent, the following additional revisions are recommended for Section 142-108:
(d) Total demolition procedures for a pre-1942 home.
(1) A building permit for the total demolition of any single-family home constructed
prior to 1942 shall only be issued following the final determination (after the
expiration of time or exhaustion of all appeals) by the planning director, or
designee, or the DRB, that the subject structure is not an architecturally
significant home. A property owner may proceed directly to the DRB, pursuant to
subsection M2-108(g); in this instance, a demolition permit shall net$e-issued
until a full building permit fer new eenstruetien has been issued onlv be issued in
accordance with subsection 142-1 08(fl.
(e) Partial demolition procedures for an architecturally significant home.
(1) A building permit for partial demolition to accommodate additions or
modifications to the exterior of any architecturally significant single-family home
constructed priorto 1942 shall be issued only upon the priorfinal approval bythe
planning director, or designee, unless appealed as provided in subsection (3)
below. ln the event an architecturally significant single-family home is proposed
to be substantially retained, the mail notice requirements in subsection 142-
108(a) shall not be required and a property owner may proceed directly to the
design review board, pursuant to subsection 142-108(9), or agree to have the
partial demolition reviewed and approved by staff, pursuant to subsection 142-
108(e)(4);ineitherinstance,ademolitionpermitshallM
onlv be issued in
accordance with subsection 142-1 08(fl.
The above noted changes, which simply reference the proposed new standard for
demolition permits, are not substantive and can be included as part of the adoption of
the Ordinance at Second Reading.
CONGLUSION
The Administration recommends that the City Commission adopt the Ordinance, with the
following additional revisions for Section 142-108.
(d) Total demolition procedures for a pre-1942 home.
(1) A building permit for the total demolition of any single-family home
constructed prior to 1942 shall only be issued following the final
determination (after the expiration of time or exhaustion of all appeals) by
the planning director, or designee, or the DRB, that the subject structure
is not an architecturally significant home. A property owner may proceed
347
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Pre-1942 SF Homes
September 2, 201 5 Page 4 of 4
directly to the DRB, pursuant to subsection 142-108(9); in this instance, a
demolition permit shall net be issued until a full building permit fer new
onlv be issued in accordance with
subsection 142-108(fl.
(e) Partial demolition procedures for an architecturally significant home.
(2) A building permit for partial demolition to accommodate additions or
modifications to the exterior of any architecturally significant single-family home
constructed priorto 1942 shall be issued only upon the priorfinal approval bythe
planning director, or designee, unless appealed as provided in subsection (3)
below. In the event an architecturally significant single-family home is proposed
to be substantially retained, the mail notice requirements in subsection 142-
108(a) shall not be required and a property owner may proceed directly to the
design review board, pursuant to subsection 142-108(9), or agree to have the
partial demolition reviewed and approved by staff, pursuant to subsection 142-
108(eX4);ineitherinStance,ademolitionpermitshallM
onlv be issued in
accordance with subsection 142-1 08(fl .
JLMiTRM/RAM
T:\AGENDAV01S\September\PLANNING\Demo Procedures Pre 1942 SF Homes - Second Reading MEM.docx
348
DEMOLITION PROCEDURES FOR PRE.1942 SF HOMES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE GITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's) OF
THE CIry GODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE ll, ,,DISTRICT REGULATIONS," DIVISION 2, ,,RS-l, RS-2,
RS-3, RS4 SINGLE.FAMILY RES!DENTIAL DISTRIGTS," SECTION 142.108,..PROVISIONS FOR THE DEMOLITION OF SINGLE.FAMILY HOMES LOCATED
OUTSIDE OF HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT PRIOR TO THE
ISSUANCE OF A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT
PRE-{942 SINGLE FAMILY HOMES; PROVIDING FOR GODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote
the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the City; and
WHEREAS, the City's Building Official, in interpreting and reviewing the Florida
Building Code ('FBC') has determined that a full building permit cannot be issued while a
structure remains on a site as the FBC requires the City permit to specifically identify current
site conditions, which site conditions would not be consistent with a vacant lot; and
WHEREAS, if the building remains, the Building Official cannot sign-off on the plans
that should reflect a vacant lot when the lot is not vacant, and
WHEREAS, due to this conflict between State law and City Code, the City Code is
recommended to be modified to require compliance with all building permit payments,
impact fees, etc., but not require a final issued building permit as doing so would conflict
with the FBC; and
WHEREAS, the Planning Board, at its meeting dated June 23, 2015, by a vote of 6-
0, recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
349
DIVISION 2. RS.l, RS.2, RS.3, RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS
Sec. 142-108. - Provisions for the demolition of single-family homes located outside
of historic districts.
(0 lssuance of demolition permits for architecturally significant homes.
(1) Emergency demolition orders. This section shall not supersede the
requirements of the applicable building code with regard to unsafe structures
and the issuance of emergency demolition orders, as determined by the
building official.
(2) A demolition permit for the total demolition of an architecturally significant
single-family home constructed prior to 1942, shall not be issued unless aJrall
all of the followinq
criteria are satisfied:
a. the issuance of a buildino permit process number for new
construction:
b. the buildino permit application and all required plans for the new
construction shall be reviewed and approved bv the Planninq
Department:
c. all applicable fees for the new construction shall be paid. including but
not limited to. buildinq permit and impact fees. as well as applicable
concurrencv and parkinq impact fees,
d. A tree survev, if required, shall be submitted and a replacement plan,
if required, shall be reviewed and approved bv the Greenspace
Manaoement Division:
e.
Buildine€€C+
(g) The demolition
demolition of the s
appticaOte reouirem
SEGTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
2
350
accomplish such intention; and that the word "ordinance" may be changed to "section"
other appropriate word.
SECTION 4. SEVERAB!LITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading: July 8,2015
Second Reading: September 2,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
S+rikettc+eugh denotes deleted lang uage
[Sponsored by Commissioner Malakofl
T:\AGENDA\20'| 5\September\Pl-ANNING\Demo Procedures Pre 1942 SF Homes -Second Reading ORD.docx
3
351
oGo
!
iiEEiEEEIiEiEiiiiEBEiiEiiEiEg
1g11g11gatSBEE,irliEEaEittt?i
r-'P;c o=o!'=6= eE* Eg:s
.9'6 I:EGir: or-V O!'=.9
oooZ oE
=J o
& a€
3 E.c
.Q -:!
=,9-3., E g
d+Eo 9'5c oq<.E d
90 |if 6 E.9coO o-g=;
trctr
'qAioi96
- -(,OOra*EGO6
o.9'E@.9 o
E Bi6
EF*e
&esER>= !2 cirb d.E hg=ts
o c<(D(J O+ r>EO ail8 5 Eo Ecft'EtqEE $
E3#B
=qo'FPEU EL;@S3! _sr:#E€o-o^9.>9e
E ETEo,i E oE-! 1So o= s6.E b I>o c{Ev E i:3 aIq -o oiJ Q CE'I
:(n o strccf I
=N O-
=eEe@.boE.; tr o{94.:
E r_e"E
i I N...fi
o!o6_:,o 'i'6'= ao-Y';6PP,&i5E\
3o!
E
EOtr ..o!
-?2
Eotr!
-Qc
OO
=@
',- 6
t".L<o!
i-o
-oILoooiEoorca';oEE
20+Ooo
<-: 59-+E*o
oo
@=
.o o'C -6C9 uE
C) CPN EE..qh'N -rE
q-Oi
1! uIo 5.8
!! EEL ,9uJ +6(,) "ia
=EoocEo-!€
>6
9E.=o
3>to'
€(robo=_E6
3 (.)
Otr
=o
Oot>vc
T8Pocoor,,2 -@j>oir-U\tl,2
#()-(,,o-oBtr
-!o'=ZF
o(,_2,(JE
LU UJME
=9<6
Sf
*u-uo
I 'rrbH
oZ
tr
,t
d
Lll
fio
=
{
itl
tll
luzmF
oN
dNF
=(,
=foq
:)-F
Uz
EoqE
@o-
E
.g
=
6J
du
=sE
352
THIS PAGE INTENTIONALLY LEFT BLANK
353
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance that amends the maximum unit size and lot coverage for certain homes on lots resulting
from a lot split.
Key lntended Outcome Supported:
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate development is "about the riqht amount."
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would place a limit on the maximum lot coverage for any one (1) story home
at 40o/o of the lot area and for new two story homes resulting from a lot split application at25%, as well
as cap the unit size for any new home at 40o/o of the lot area or such lesser number, as determined by
the Planning Board, in the following instances: 1) when the new lots created do not follow the lines of
the original platted lots; or 2) when the lot being divided contains an architecturally significant, pre-
1942 home, that is proposed to be demolished.
On April 8, 2015, the Land Use and Development Committee recommended that the Ordinance be
sent to the Planning Board with a favorable recommendation.
On July 8,2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2,2015.
The Administration recommends that the City Commission adopt the Ordinance.
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2263).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\201 NING\SF Lot Split Amendments - Second Reading
AGENDA ITEiT RsC
AATE ?-2.15MIAMIBEACH354
MIAM!BEACH
€ify of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members qf the City C
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 ECOND READI . PUBLIC HEARING
SUBJECT: Single Family Home Developmenf Regulations for Lot Splits
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING
DISTRIGTS AND REGULATIONS," ARTICLE ll, ,'D|STRICT REGULATIONS,"
DIVISION 2, "RS.1, RS.2, RS.3, RS-4 SINGLE.FAMILY RESIDENTIAL DISTRICTS,"
BY AMENDING THE MAXIMUM UNIT SIZE AND LOT COVERAGE FOR ALL
HOMES ON LOTS RESULTING FROM A LOT SPLIT; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 11, 2015, at the request of Commissioner Joy Malakoff, the City
Commission referred an Ordinance Amendment to the Land Use and Development
Committee (ltem C4G), pertaining to additional restrictions and an increase in fees for
single family lot split applications.
On April 8,2015, the Land Use Committee recommended that the attached Ordinance
Amendment be referred to the Planning Board. On May 6, 015, the City Commission, at
the request of Commissioner Malakoff, referred the proposed ordinance to the Planning
Board (ltem C4A).
ANALYS!S
Any application for a division of land/lot split requires the review and approval of the
Planning Board, in accordance with the procedures and review criteria outlined in the
City Code [Section 118-321(B)]:
Review Criteria. ln reviewing an application for the division of lot and lot split, the
Planning Board shall apply the following criteria:
1. Whether the lots that would be created are divided in such a manner that they are in
compliance with the regulations of these land development regulations.
355
Commission Memorandum
Ordinance Amendment - Single Family Home Development Regulations for Lot Splits
September 2, 2015 Page 2 of 2
2. Whether the building site that would be created would be equal to or larger than the
majority of the existing building s/Tes, or the most common existing lot size, and of
the same character as the surrounding area.
3. Whether the scale of any proposed new construction is compatible with the as-built
character of the surrounding area, or creates adverse impacts on the surrounding
area; and if so, how the adverse impacts will be mitigated. To determine whether
this criterion is satisfied, the applicant shall submit massing and scale sfudies
reflecting structures and uses that would be permitted under the land development
regulations as a result of the proposed lot split, even if the applicant presently has no
specific plans for construction.
4. Whether the building sffe that would be created would result in existing structures
becoming nonconforming as they relate fo sefbacks and other applicable regulations
of these land development regulations, and how the resulting nonconformities will be
mitigated.
5. Whether the building site that would be created would be free of encroachments from
abutting buildable sites.
6. Whether the proposed lot split adversely affects architecturally significant or historic
homes, and if so, how the adverse effects will be mitigated. The Board shall have
the authority to require the full or partial retention of structures constructed prior to
1942 and determined by the Planning Director or designee to be architecturally
significant under section 142-108 (2)
As further expressly outlined in Section 118-321(C), the Planning Board also has the
authority to restrict the size of new homes resulting from a lot split application:
Final decision. ln granting a division of land/lot split, the planning board may
prescribe appropriate conditions and safeguards, including but not limited to a
condition restricting the size of new structures to be built on the resulting lots, based
upon the application's safisfacfion of and consistency with the criteria in subsection B
above, and the board's authority under section 1 18-51 .
Last year the Code was amended to also require that new homes resulting from
approved 'Lot Split' applications be required to obtain approval from either the Historic
Preservation Board (HPB) or Design Review Board (DRB), as applicable.
As part of the review of each application for a lot split, staff prepares an analysis of
similar lots within the immediate neighborhood. For example, if the lot split application is
for a waterfront lot, only existing waterfront lots are included as part of the analysis.
Typically 15-20 properties are reviewed, including the average, median, and mode of the
lot sizes, as well as the existing unit sizes for each of the comparison properties.
The source of the data is the Miami Dade County Property Appraiser's Office, which
adjusts the size of structures by increasing or adjusting the stated square footage for
outdoor covered areas such as loggias, covered patios, etc. and for non-air-conditioned
garages. As per the City's definitions, in most cases these items are excluded from unit
size calculations. ln the Data Analysis performed by staff, a "20o/o allowance" is used to
take into consideration a reasonable accommodation for future renovations and
356
Commission Memorandum
Ordinance Amendment - Single Family Home Development Regulations for Lot Splits
September2,2015 Page 3 of 3
additions for existing homes, with the exception of homes which are already near or at
the maximum square footage allowed as per City Code. Planning staff normally then
recommends that the size of a new home not exceed 25o/o of the average of the existing
homes in the immediate area.
ln order to help ensure that new construction is compatible with existing neighborhood
character, especially when an existing pre-1942 architecturally significant home is
demolished, the proposed Ordinance would place a limit on the maximum lot coverage
for any one (1) story home at 4Oo/o of the lot area and for new two story homes resulting
from a lot split application at 25o/o, as well as cap the unit size for any new home at 40o/o
of the lot area or such lesser number, as determined by the Planning Board, in the
following instances:
1. When the new lots created do not follow the lines of the origina! platted
lots; or
2. When the lot being divided contains an architecturally significant, pre-1942
home, that is proposed to be demolished.
Currently, the maximum lot coverage that can be permitted is 50% for one story homes
and 30% for two-story structures and the maximum unit size is 50%.
For comparison purposes, stalT has included a massing study (attached) comparing the
current maximum requirements for unit size and lot coverage with the potential reduced
requirements. The top graphic shows front and rear views of the same home with a lot
coverage of 30o/o and a unit size of 50% of the lot area. The darker shaded portions of
the home denote areas that would have to be removed to bring the lot coverage down to
25o/o and massing down to 40o/o. The bottom graphic shows the home with the additional
massing removed to comply with the proposed requirements.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On July 8,2015, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/TRM/RAM
T:\AGENDAVOl S\SeptembeAPLANNlNG\SF Lot Split Amendments - Second Reading MEM.docx
357
SINGLE FAMILY HOME DEVELOPMENT REGULATIONS FOR LOT
SPLITS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE GIry CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS,'' ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2, ',RS-l, RS-2, RS-3, RS4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS," BY AMENDING THE MAXIMUM UNIT SIZE
AND LOT COVERAGE FOR ALL HOMES ON LOTS RESULTING FROM ALOT SPLIT; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single family districts
is necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, City Commission recently adopted modifications to the Single Family
Home development regulations; and
WHEREAS, it is appropriate for the City to amend the regulations for homes on lots
resulting from a lot split in order to ensure compatibility with existing neighborhood
character; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts; and
WHEREAS, the Planning Board, at its meeting dated June 23, 2015 by a vote of 6-0
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
358
SEGTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-105, "Development Regulations and Area Requirements," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 142-105. Development regulations and area requirements.
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
(9)Lof sp/tt. All new construction for homes on lots resulting from a lot split application
approved by the Planning Board shall be subject to the review and approval of the
design review board (DRB) or historic preservation board (HPB), as applicable. The
followino shall applv to all newlv created lots. when the new lots created do not
follow the lines of the orioinal platted lots and/or the lots beinq divided contain an
architecturallv sionificant, pre-1942 home. that is proposed to be demolished:
a. The maximum lot coveraoe for a new one-story home shall not exceed 40%
of the lot area, and the maximum lot coveraoe for a new two-storv home
shall not exceed 25% of the lot area, or such lesser number, as determined
bv the Planninq Board.
b. The maximum unit size shall not exceed 40% of the lot area for both one
storv and two storv structures. or such lesser number. as determined bv the
Plannino Board.
SECTION 2. REPEALER.
AII ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2
359
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
2015.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
July 8,2015
September 2,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
StrikeHreugh denotes deleted lang uage
[Sponsored by Commissioner Malakoffl
T:\AGENDA\201S\SeptembeAPLANNlNG\SF Lot Split Amendments - Second Reading ORD.docx
3
360
3s"; *jEB E5.F .E=3EF3EH EE! 6.
*{B BiE ;rE E; E*tE:q::Eg gr;
FiEEEI{?EEESE
Ee=.!;E ;EE g;:;
riE E;; Eft Eg $S
f EE ;E{ EEI
",1=
tEEgtsE ;iE E,B.;t::
c! r t:E u*:
tEI:?E .aEH g;iP: sf a €E* :-sEEfl 3€; 'EE
OU
s;t i;i tAa Ei.=-tlHHp qTE E*EIHrE# ;EE 5-{
Ee s :IE Ig€ E$
itEPE} EEE EEL Y o 6 o*L 6:;U >> >.-r . = E- >:
Eif esg ir3 gE
Et: 9s-E ?f;e sE
=8€ FS:- EfE EE6fgi-.;f raE Eoo
i:+ CI; iEE gE
55"* ESi Esg: Ei
EfrE *E}- BEgi FB
iEg ;BEE EgiE EI
E*!. FEf; e dg{T tfl
EEe !;*I *;EE *I
EIE #EEE EfrEE EE,
E5P k?:: ;ET * :€.E
EtEEEEEE;EHEEEEP€ef zFtE;eiE PeE
EEEEEEEiElEi
EiEEiEE
:-.9 E
E;ss6='Ep
r *.!4doo(,)i<o -GE o-.j
f .: oo.YO!m6:6E
. TE 6;3&t;oLatife"
}.F E E'
E-O-S
='E .= {
E.F= ecEri lEp9to oCO:*< c =!
ETiE6:o-Eo.o 3 Po.= tr-c= o >.=9=AEhBEN,x- 6: uoO.iqf:S:Fb *
b b'rSE*'E oiFPL66.0.: o
P.g E.9
=odi
EiE#lPEe
-lsEE5 c( r(J o=-!\'EU=.! 1l o!od 9 go =oE r. :! >E8E3I E- !.?6I6E.l-E @
O-'L QJ3,P B9E oE60Et''E.!i = oO OE'E
=O66E:! €
- E- oE ! 9OP{&;: o oro ot o;EoE>U) E!3s E'r: p'eE
-Sa8 g
9@ I E-cct o'r+'p-,
;(/)==EE E Eo -o oE.i Fu<!?49
E l'h.g
; Eoi. o
E.E c i,i!!6P.9.Ed
E<ooL'
r, tEso _0ti5E E= E(o:o
if c,o 6Et tt?-'6 e .9'6 022 ;E 3El qie'
u6 -bE.\o OOO
=L EoEP A =J d.sE -&s?#
d E .-; .6
.e o E 5.q
6= -Y- Lu B !:,9i* s,F g
o P 19 >.- X c boE; <.trd
#E ;Epgq .9co)E o.9-I a gEA
tE ,EEiq1 oi9-ox Yi s+ c'zY :ti6P.!I B*E?P EcEN EE. ?,:38N'?E €i3r El. E*=B
H EE ip';S
= bE q*.EG
E 9*n E;EEo- 9-: >Eoa
H i; ?f,EEE# EE#EI's E3#ts;3 *EsEPE -E€ ESE= EEie!e ElEeE6 ;.E:E
iE Fsi+te 6.8 b q;E E{ E i: E :P +5i? .q .ooiE8 !35:=Po -crE oc o ,- -F co r Y'N- o-''a-- ieEe*F E*-Ed
H-e ieitI_. = @Oq E ; E".-..-E...11 i.=ca-
H! gE,EHi
uf Pii5'6<
o(,
-2,(JE
lJJ IIJ6I
==<6
>J
5x
L lrJ!- u)(JF
oz
0@o
E
xfl
q
LLI
rtal
L<t<-t<
i?re$lI
rulzliolFl;l5INl
olNtrl
UIll<ltt<tat6tx,fi-ltsl
uz
EoIE
@
@-
E
.9
=
a
d,r
=s
=
361
COMMISSION ITEM SUMMARY
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaoement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the City to requlate development is "about the riqht amount."
Condensed Title:
An Ordinance pertaining to height regulations for CD-3 properties.
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would clarify the existing language governing height in the CD-3 district, as
well as give the historic preservation board the discretion to allow certain buildings to go up to a
maximum of 75 feet in height along James Avenue between 17th Street and Lincoln Rbad.
On January 21,2015, the Land Use and Development Committee recommended that the Ordinance
be approved and sent to the Planning Board with a favorable recommendation.
On July 8,2015, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2,2015.
The Administration recommends that the City Commission adopt the Ordinance.
T:\AGENDAVOl NG\CD-3 Parking Garage Heights - Secong g SUM.docx
AGENDA 'T'M R5D
DATE ?-2-IT
On June 23,2015, the Planning Board (vote of 5-1), transmitted the subject Ordinance to the City
Commission with an unfavorable recommendation. (Planning Board File No. 2264).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
MIAMIBEACH 362
MIAMI BEACH
City of Miomi Beoch, '1700 Conveniion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members off[he City
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 READING - PUBLIC HEARING
SUBJECT: GD.3 ARCHITECTURAL DISTRIGT PARKING GARAGE HEIGHTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE ll, 'DISTRICT REGULATIONS", DIVISION 6, "CD-3 COMMERCIAL
HIGH INTENSITY DISTRICT", BY AMENDING SECTION 142.337,,.DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", TO
CLARIFY AND AMEND THE MAXIMUM HEIGHT REQUIREMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFEGTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On January 14,2015, the City Commission (ltem C4L), at the request of Commissioner
Jonah Wolfson, referred a discussion item to the Land Use and Development Committee
(LUDC) regarding proposed amendments to the City Code pertaining to general height
restrictions in the CD-3 zoning district. On January 21, 2015, the Land Use Committee
discussed the item and recommended that an ordinance amendment be referred to the
Planning Board.
On May 6, 2015, at the request of Commissioner Joy Malakoff, the City Commission
referred the attached ordinance to the Planning Board (ltem C4D).
ANALYSIS
The proposed ordinance amendment would allow lots fronting on James Avenue,
bounded by 17th Street to the North and Lincoln Road to the South, to be built up to 75
feet at the discretion of the Historic Preservation Board as long as the properties provide
a minimum of five (5) stories of parking, of which a minimum of 250 spaces must be
unencumbered by any use at the property.
On James Avenue between 17th Street and Lincoln Road, the current uses are mainly
363
Commission Memorandum
Ordinance Amendment - CD3 Parking Garage Heights
September 2, 2015 Page 2 of 4
hotels that are classified as contributing and located within the Museum Historic District.
There is a surface parking lot that spans three lots located on the east side of James
Avenue that could potentially take advantage of this ordinance. The three lots have
stores fronting Collins Avenue, but the rear of the lots face James Avenue. Currently,
the surface parking lot has approximately sixty (60) spaces. This ordinance amendment
would allow for the redevelopment of the rear of these lots into a seven (7) story
structure with a minimum of five (5) stories of parking.
This particular lot is one of the few parcels in the Museum District area (generally from
Lincoln Road to 23'd Street, between Collins and Washington Avenues) that can readily
accommodate a multi-level parking structure. While transitioning to a less automobile
dependent transportation network, the parking needs of the larger hotels in the
immediate area continue to be apparent. The construction of a multi-level garage at this
location could help alleviate the related traffic issues associated with a lack of parking in
the area.
Additionally, the City Code already permits buildings up to 7 stories / 80 feet in height for
lots fronting 17th Street. As such, a future aggregation of properties that includes a lot on
17th Street could result in new buildings at up to 7 stories / 80 feet in height, even without
the proposed code change.
ln the process of reviewing the proposed amendment, planning staff was able to simplify
and clarify the height regulations in the CD-3 zoning district. Currently, this section of
the code, which was poorly drafted and modified over time, has created problems for
both staff reviewing the code, as well as property owners and architects reading the
code. ln this regard, staff is recommending that the entire section be stricken, and re-
written in a more clear and concise form.
The following is a bullet point version of the revised, clarified language proposed within
the body of the Ordinance. Other than the amendment proposed for parking structures
along James Avenue (in bold text), and the removal of the regulations for ocean front
lots (there are no longer any ocean front lots in the CD-3 zoning district), there are no
other substantive changes proposed:
Maximum Buildinq Heiqht:o 75 Feet.o Lots within the architectural district: 50 Feet.. Notwithstanding the foregoing requirements for lofs within the
architectural district, for lots fronting on James Avenue, bounded by ly'h
Streef to the North and Lincoln Road to the South, the historic preservation
board, in accordance with the ceftificate of appropriateness criferia in
chapter 118, article X, shall have discretion to allow up to 75 feet in height
for those properties that provide a minimum of five (5) stories of parking, of
which a minimum of 250 spaces must be unencumbered by any use at the
property.o Lots fronting on 17th Street: 80 Feet.. City CenterArea (bounded by Drexel Avenue, 16th Street, Collins Avenue and
the south property line of those lots fronting on the south side of Lincoln Road):
100 Feet.. Notwithstanding the foregoing requirement for the City Center Area, the following
additional regulations shall apply:
364
Commission Memorandum
Ordinance Amendment - CD3 Parking Garage Heights
September 2, 201 5 Page 3 of 4
The height for lots fronting on Lincoln Road and 16th Street between Drexel
Avenue and Washington Avenue are limited to 50 Feet for the first 50' of lot
depth.
The height for lots fronting on Drexel Avenue is limited to 50 Feet for the first 25'
of lot depth (except as provided in section 142-1161).
Maximum Number of Stories:. 7 Stories.. Lots within the architectural district: 5 Stories.. Notwithstanding the foregoing requiremenE for lofs within the
architectural district, for lots fronting on James Avenue, bounded by ly'h
Sfreef to the Norih and Lincoln Road to the South, the historic preservation
board shall have discretion to allow up to seven (7) stories for those
properties that provide a minimum of five (5) sfories of parking, of which a
minimum of 250 spaces must be unencumbered by any use at the property.o Lots fronting on 17th Street: 7 Stories.. City CenterArea (bounded by Drexel Avenue, 16th Street, Collins Avenue and
the south property line of those lots fronting on the south side of Lincoln Road):
11 Stories, subject to the applicable height restrictions (except as provided in
section 142-1161).
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with an unfavorable recommendation. The Planning
Board, while supportive of the non-substantive text changes proposed, expressed a
concern with the proposed height increase, as it could result in an increase in scale,
mass and height within an area currently limited to five stories / 50 feet in height.
FISCAL IMPAGT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
The Planning Board expressed concerns with the proposed Ordinance, particularly as it
pertains to a potential increase in scale and mass within an area that currently limits
overall building heights to 5 stories / 50 feet. The Administration is understanding of and
sensitive to these concerns.
ln order to further address the potential scale and height issues associated with a future
structure taller than 50 feet in height, particularly as it may be perceived from Collins or
Washington Avenue, the Administration has suggested that a minimum setback of 75' be
required from Collins and Washington Avenue for any portion of a building above 50 feet
in height. This would ensure that a future building above 50 feet in height on James
Avenue, with a thru-lot to either Washington or Collins Avenue, would not overuvhelm
those respective streetscapes.
365
Commission Memorandum
Ordinance Amendment - CD3 Parking Garage Heights
September 2, 2015 Page 4 of 4
On July 8,2015, the City Commission approved the subject Ordinance at First Reading
and scheduled a Second Reading Public Hearing for September 2, 2015. The
Commission approval included the recommended additional setbacks from Collins and
Washington Avenue, which have been incorporated into the text of the legislation for
Second Reading.
As indicated previously, in the event that the City Commission is not comfortable with the
proposed increase in height for certain structures along James Avenue, the
Administration would recommend that this portion of the proposed legislation be stricken,
and that the remainder of the Ordinance be approved. As indicated previously, the
current text structure of the height regulations for the CD-3 district is clumsy at best, and
exceedingly difficult to understand. The proposed re-organization of the text, in a non-
substantive manner will help further the stated goals of simplifying and comprehending
the code.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance. ln the
event that the City Commission does not move forward with the aforementioned
amendment pertaining to the maximum height of properties on James Avenue, the
Administration recommends that the remainder of the proposed Ordinance be adopted.
JLM/JMJ/TRM
T:\AGENDAVO1S\SeptembeAPLANNlNG\CD-3 Parking Garage Heights - Second Reading MEM.docx
366
CD.3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER
142, ..ZONING DISTRICTS AND REGULATIONS," ARTICLE II, 'DISTRICT
REGULATIONS'" DIVISION 6, "CD.3 COMMERCIAL HIGH INTENSITY DISTRICT",
BY AMENDING SECTION 142.337, "DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS", TO CLARIFY AND AMEND THE MAXIMUM HEIGHT
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") seeks to encourage and incentivize
new development and the preservation and restoration of structures located within the
Museum Historic District; and
WHEREAS, the City desires to encourage private property owners to redevelop
properties to accommodate the off-street parking needs of the surrounding properties;
and
WHEREAS, the preservation and restoration of the City's contributing buildings
furthers the general welfare and is especially important to the citizens of Miami Beach;
and
WHEREAS, the preservation and restoration of contributing structures is often
aided by the construction of new buildings on the same property; and
WHEREAS, the City has previously implemented increased height requirements
for parking garages; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations" Division 6, "CD-3 Commercial High lntensity District," is hereby amended as
follows:
Section 142-337. Development regulations and area requirements.
(a) The development regulations in the CD-3 commercial, high intensity district are as follows:
(1) Max FAR: Lot area equal to or less than 45,000 sq. ft.-2.25; Lot area greater than
45,000 sq. ft.-2.75; Oceanfront lots with lot area greater than 45,000 sq. ft.-3.0.
(2) Notwithstanding the above, oceanfront lots in architectural district shall have a
maximum FAR of 2.0.
Page 1
367
(b)
(c)
(3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue
and between 16th Street and 17th Street shall have a maximum FAR of 2.75.
(4) Notwithstanding the above, lots which, as of the effective date of this ordinance
(November 14, 1998), are oceanfront lots with a lot area greaterthan 100,000 sq.ft
with an existing building, shall have a maximum FAR of 3.0; however, additional FAR
shall be available for the sole purpose of providing hotel amenities as follows: the
lesser of 0.15 FAR or 20,000 sq. ft.
However, the floor area ratio maximum for residential development, inclusive of hotels, in
the architectural district shall be 2.50.
The lot area, lot width, unit size and building height requirements for the CD-3 commercial,
high intensity district are as follows:
Commercial-
None
Residential-
7,000
Minimum
Lot Width
(Feet)
Commercial-
None
Residential-
50
Minimum
Unit Size
(Square Feet)
Average
Unit Size
(Square Feet)
Commercial-
N/A
New
construction-
800
Rehabilitated
buildings-550
Non-elderly
and elderly
low and
moderate
income
housing: See
section 142-
1L83
Hotel units-
N/A
Maximum
Building
Height
(Feet)
#
€E€€nf+€"qt+*s-
2eg
€E€€nf+€ir+t-l€'ts
aren*ee+ura{dis+r
f:g;+reunA+ee+
aCditi<tns+e
existing{t++r€t{res
en eeeanfrent lets
:50
8e
+sts+renting€n
17th Street
5e
Nen eeeanfrent
lets within the
a+€hite€t+rr€.ldl*
{ee
eity+ente++rea
{b€+rnded+y
grexd+l*++C*
S+#t+ins+veq
the'euth
Maximum
Number
of Stories
1
€r€eefifr€"et--l€*s=
D
€Eeenf+€"qt--l€'ts
a+en*eeturaUis+r
f:;*reuna+eer
additi€fis+s
exis+ing+t+r*€+u+es
en eeeanfrent lets
-7
tets+r€{*inS€R
17th Street
5
Nen eeeanfrent
lets within the
a+€hite€t+r{€.Hfs+
4
eiryeene+++ea
{b€+rnded+y
g+exet+ve,r-16+h
S+.e+ins+*e
the seuth
Commercial-
N/A
New
construction-
550
Rehabilitated
buildings-400
Non-elderly and
elderly low and
moderate
income housing:
See section 142-
L183
Hotel unit:
L5%: 300-335
85%:335+
For contributing
hotel structures,
located within a
local historic
district or a
national register
district, which
are being
renovated in
Minimum
Lot Area
(Square Feet)
Page 2
368
accordance with
the Secretary of
the lnterior
Standards and
Guidelines for
the
Rehabilitation of
Historic
Structures as
amended,
retaining the
existing room
configuration
shall be
permitted,
provided all
rooms are a
minimum of 200
square feet.
Additionally,
existing room
configurations
for the above
described hotel
structures may
be modified to
address
applicable life-
safety and
accessibility
regulations,
provided the
200 square feet
minimum unit
size is
maintained.
pr€p€rty-linsf
te+s+ren+ing€n
the seuth side ef
Unee+n++;
tltasningtenAv+
ane+ineetn++L
sutieet+e+ne
apBtieag+,e heigh+
restrietiens
{exeept-as
p{€,"id€+in
seetien++a++Ct)
7 Stories.
Lots within the
architectural
district: 5 Stories.
Notwithstandins
the foregoing
requirements for
lots within the
architectural
district . for lots
fronting on James
Avenue, bounded
bv 17th Street to
the North and
Lincoln Road to
the South, the
Historic
Preservation
Board shall have
discretion to allow
up to seven (7)
stories for those
properties that
provide a
minimum of five
(5) stories of
oarkins, of which
p+epe+ty+ine++
te+s+ren+in6€n
the seuth side ef
fineeln+*
Wasniae+on++
an++inee++nA*
exeeBt+le+eigh+
foile+sJr€{*ing
en{i{rc€ilfi+dr€nd
16th 5t, between
Drexet+nd
tA/ashin€t€ffir€
limited te 50'fer
the first 50' ef let
Uep*+ne+xeept
tle+eiehtJer-l€t€
+ren+ing€n-Dr€x€l
AveflJ€-€+e
limited te 50'fer
the first 25' ef let
d€e+h{€x€eet+s
p+eviae+in
seetienru4
75 Feet.
Lots within the
architectural
district: 50 Feet.
Notwithstandins
the foregoine
requirements for
lots within the
architectural
district, for lots
fronting on James
Avenue, bounded
bv 17th Street to
the North and
Lincoln Road to
the South, the
Page 3
369
Historic
Preservation
Board, in
accordance with
the certificate of
appropriateness
criteria in chapter
118. article X,
shall have
discretion to allow
up to 75 feet in
heisht for those
properties that
provide a
minimum of five
(5) stories of
parkine. of which
a minimum of 250
spaces must be
unencumbered by
anv use at the
orooertv and
orovided further
that r_minXrum
setbaek-of zffuet
shall be reouired
fron-eslms-asl
Washineton
Avenue for anv
oortion of a
buildins above 50
feet in heisht.
Lots fronting on
17th Street: 80
Feet.
Citv Center Area
(bounded bv
Drexel Avenue,
16th Street.
Collins Avenue
a minimum of 250 I
spaces must be :
unencumbered bv
anv use at the
orooertv. and
orovided further
that-a-mrmmum
setbaekpfzffuet
shall be reouired
froolsllns:ru1
Washineton
Avenue for anv
oortion of a
buildine above 5
stories in heisht.
Lots fronting on
17th Street: 7
Stories.
Citv Center Area
(bounded bv
Drexel Avenue,
16th Street,
Collins Avenue
and the south
propertv line of
those lots fronting
on the south side
of Lincoln Road):
ll Stories. subiect
to the applicable
height restrictions
(except as
provided in
section 142-1151).
Page 4
370
and the south
propertv line of
those lots frontine
on the south side
of Lincoln Road):
100 Feet.
Notwithstandins
the foregoins
requirement for
the Citv Center
Area, the
followins
additional
reeulations shall
applv:
The heieht for lots
fronting on
Lincoln Road and
16th Street
between Drexel
Avenue and
Washington
Avenue are
limited to 50 Feet
for the first 50' of
lot depth.
The heieht for lots
fronting on Drexel
Avenue is limited
to 50 Feet for the
first 25' of lot
depth (except as
provided in
section L42-1161).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
Page 5
371
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same
repealed.
SECTION4. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held
remainder shall not be affected by such invalidity.
SEGTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
are hereby
invalid, the
First Reading:
Second Reading:
July 8,2015
September 2,2015
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = New Language
S+it<e+nreush = Deleted Language
Underline = Language Added at First Reading
[Sponsored by Commissioner Malakofl
T:\AGENDA\201S\SeptembeAPLANNlNG\CD-3 Parking Garage Heights - Second Reading ORD.docx
Page 5
372
ooo
E
iEiEEiEiEEEEEEEiEEiiEE
EEIEEEiiiEEEEEEiiEiiE
EEiEEEEEEEEEtEiiIgEEEEE
EigaEtEtgggEEglgltEEgtl
iiE?EEEiE[EEigEEEiEEEEE
EEE iiEEi EEEi EEEEiEiEEiEEE-
giEiH SIEflE$ SEEgI eegE EEgE EIEg giE
@=EO.9a
!o
fJ
E<E,EeO
'CU
6a.PE
a
-'aOE3:eEb<J
:._coL)_,
.6 uE6E\= os;rr ho=YE<3
E!m
<r a
!4 oc.egP:oC-o>tsa8I
?!E5p Pt"f E
9i;0-'-o
b'= s
E?S
= cB.! I o
eE E
EJ!Ea oP oa{f h>PEcoE o
"; E'9E o.=
8€ E
lEco oi
;'s'E
E.= O*.:>o.9 E-o B
o.:vu
€81o.= !l##&
EiEtr E';
o.:g >> ooa caoit t-!s ohtaEJE 6o -'EE'i EFo ooEO
€T E3pTE -o
_<;8
9:- oLL;E.i-
c H-9E9 o.9\S'..->EF<oL
e- L'.8 ; t"3 E: Et= .Et#BE E= s E;F[
E* gEs ffiaH-?P ;!3 EFdr
E.e F!e' P;# E-'l c -'l9 ,- -'E o cel rq€ tg:E;f E;g E;Ea*fl.: L.EE }.FEE,xE EfT E;EFuB E=3 !3s,S
TE g5g EEE}o it o d,'i ogm oee €-EE tg=i
ig ;EP ;lge;.E E.Ei EbfieqE BEi g:E:#t sE'E €Eg:
,Et giB s's*'s
p
':EE
a* ; gt E;RE;. g,a-B ."".aE?
ilffi Ei?u EiEt
EgEE:EHaIEE*
ls rgeE tgieif. *3EB EEEE
at ?Ets EEr:
iEertteE*g
*; :tEI rflE€*g E3.1[ EEairs i[E i i[I E
. E E 'p"u -ss 'c+'g--
flE ttff Etig
*g :tr;E EE,!f +2tr ;u <oo< =<ooL
o(,
-1(JE
trJ lu6I
=9<6
>J
hu-rJOtub:
oz
lilllB
Eo(.,|
!o
o-
E
.q
=
6
d,u
=s
=
373
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Land Development Regulations (LDR's) to modify the development
regulations for Washington Avenue, and establish Parking District 7 for properties fronting Washington
Avenue between 6' Street and Lincoln Road
lntended Outcome
AGENDA 'TEM R 5E
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
roMh manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etcl 48o/o of residential respondents and 55% ot
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING - PUBLIC HEARING
The subject Ordinance amendment creates new development regulations for the CD-2 District on
Washington Avenue between 6th and '16th Streets. The proposed Ordinance allows for smaller hotel
room unit sizes if amenities are provided; increases height to seven (7) stories I 75' for larger lot
aggregations, with the exception of main use parking structures, which would be limited to 55' in
height, imposes limits on entertainment uses at the first floor frontages; and revises pedestal and
tower setbacks. The Ordinance also establishes Parking District 7 which reduces the parking
requirements for hotel uses, office uses and outdoor caf6s that would sunset after five (5) years.
On May 27, 2015, the Land Use and Development Committee discussed the item and recommended
that the Planning Board transmit the proposed Ordinance, with modifications, to the City Commission
with a favorable recommendation.
The Administration recommends that the City Commission accept the recommendation of the Land
Use and Development Committee via separate motion; and approve the attached Ordinance at First
Readino. and schedule a Second Public Hearinq for October 14,2015.
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2262).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AGENDA\201 NING\Washington Avenue Zoning lncentives -
MIAMIBEACH aArE q-L'l{374
MIAMI BEACH
Ciiy of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members oflthe City
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 FIRST READING
SUBJECT: WASHINGTON AVENUE ZONING IIUCENTIVES
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLOR!DA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDR's) OF THE CITY GODE, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE !1, "DISTRICT REGULATIONS," DIVISION5, "CD-z COMMERCIAL, MEDIUM INTENSIry DISTRIGT," TO
ESTABLISH SECTION 13.309, ..WASHINGTON AVENUE
DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO
MODIFY THE DEVELOPMENT REGULATIONS FOR PROPERTIES
FRONTTNG WASHINGTON AVENUE BETWEEN 6TH STREET AND
LINCOLN ROAD; BY AMENDING CHAPTER 130, "OFF-STREET
PARKING," ARTICLE ll, "DISTRICTS; REQUIREMENTS," TO
ESTABLISH PARKING DISTRICT 7 TO MODIFY THE PARKING
REQUIREMENTS FOR THE PROPERTIES FRONTING WASHINGTON
AVENUE BETWEEN 6TH STREET AND LINGOLN; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for October 14,2015.
BACKGROUND
On July 23, 2014, the City Commission directed the Administration to retain a
professional architect from the rotating list of professionals to provide architectural
services and massing studies for Washington Avenue. Zyscovich Architects was
retained and began work on the initial massing studies for Washington Avenue. On
August 20,2014, the Land Use and Development Committee received an update on the
progress of the massing studies for Washington Avenue, and recommended that the
375
Commission Memorandum
Ordinance Amendment - Washington Avenue Zoning lncentives
September 2, 201 5 Page 2 of 3
Administration begin negotiations with Zyscovich for a 2nd phase for Washington
Avenue, involving a more detailed block and vision analysis and master plan. This
expanded proposal was approved by the City Commission on September 30, 2014.
The Mayor's Blue Ribbon Panel for Washington Avenue was appointed in August, 2014,
and the first meeting of the panel took place on September 8, 2014. The Mayor's Blue
Ribbon Panel for Washington Avenue, in conjunction with Zyscovich Architects held
subsequent workshops with panels of experts to discuss various topics related to the
Washington Avenue corridor. On January 26, 2015, Zyscovich Architects made a
presentation to the Mayor's Blue Ribbon Panel on Washington Avenue with initial
recommendations and ideas for consideration in the Washington Avenue Master Plan.
The Panel held a number of meetings in February and March, and on April 1, 2015, the
Chairperson of the Blue Ribbon Panel and Bernard Zyscovich presented the Panel's
findings and recommendations to the Land Use and Development Committee. On April
29, 2015, the Panel's findings and recommendations were presented to the City
Commission. At the request of Commissioner Malakoff, the City Commission referred
the subject Ordinance (ltem R9A) to the Land Use and Development Committee and the
Planning Board. On May 27, 2015, the Land Use and Development Committee
discussed the item and recommended that the Planning Board transmit the proposed
Ordinance, with modifications, to the City Commission with a favorable recommendation.
ANALYSIS
The subject Ordinance amendment creates new development regulations for the "CD-2
Commercial, Medium lntensity District" specific to Washington Avenue, from 6th to 16th
Streets. The proposed Ordinance is based on the recommendations in the Washington
Avenue Blue Ribbon Panel Zoning lncentives Package that were referred by the City
Commission. These include the following:
1. Allowing for smaller hotel room unit sizes in new hotel construction or
conversions, provided larger public spaces are provided and with Design
Guidelines.
2. A Height increase to seven (7) stories I 75' for larger lot aggregations, with the
exception of main use parking structures, which would be limited to 55' in height.
3. Limits on entertainment uses at the first floor frontage.
4. Revised pedestal and tower setbacks.
5. Parking requirement changes for hotel uses, office uses and sidewalk cafes;
these changes would sunset in five (5) years.
Attached to this memorandum is the Washington Avenue Blue Ribbon Panel Zoning
lncentives Summary Packet, which is a part of the Washington Avenue Vision and
Master PIan. The Packet provides additional details regarding each of the proposed
recommendations.
PLANNING BOARD REVIEW
376
Commission Memorandum
Ordinance Amendment - Washington Avenue Zoning lncentives
September 2, 2015 Page 3 of 3
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for October 14,2015.
JLM/TRM/RAM
T:\AGENDA\20'1S\September\PLANNING\Washington Avenue Zoning lncentives - First Reading MEM.docx
377
WASHINGTON AVENUE
VISION AND MASTER PLAN
WASHINGTON AVENUE BLUE RIBBON PANEL
Zoning lncentives Summary Packet
05.2015
ZYSCOVICHARCHITECTS
378
TABLE OF CONTENTS
ZONING INCENTIVES UNDER CD-2W
CD-2W, Commercial, Medium lntensity District for Washington Avenue
1. DEVELOPMENT REGULATIONS: FAR AND HEIGHT
2. SETBACKS
3. PARKLETS PROGRAM FOR WASHINGTON AVENUE
4. PARKING
5. DESIGN GUIDELINES
P.1
P.2
P.3
P.4
P.7
P.8
379
ZONING INCENTIVES
FOR CD-2W - COMMERCIAL, MEDIUM INTENSITY DISTRICT FOR
WASHINGTON AVENUE
The Washington Avenue Blue Rlbbon Panel (WABRP) Zoning lncentives
Recommendations for the Washington Avenue CD-zW Commercial,
Medium lntensity District for Washington Avenue as summarized in this
document will serve to assist the City in implementing the goals and objectives
of the Washington Avenue Master Plan. The intent of the proposed changes
to the existing CD-2 zoning designation to CD-2W is to create a sustainable
Washington Avenue Main Street where "residents and tourists can enioy unique
boutiques, ethnic restaurants, convenient servlces, edgy nightlife and cukural
experiences, all within our walkable low scale historic architecture."
The GOALS and OBJECTIVES of the Washington Avenue Master Plan is to:
1. Preserve the historical, architectural and cultural character of
Washington Avenue as the Cityi "Main Street";
2. Provide for redevelopment, adaptive reuse and infillresulting in
economic vitality for the betterment of the community and the City as
a whole;
3. Create commercial development opportunities that provides quality
goods and services to neighborhood residents and tourists alike;
4. Allow for a high level of mobility for pedestrians, ryclists, automobiles
and public transit; and
5. Allow for quality public spaces and beach access to capitalize on the
corridori Iocation and surrounding environs.
The CD-2W Zoning Incentives enable flexible building design by encouraging
a variety of uses, heights, and forms without changing the CD-2 Base FAR.
Variations in height allowances, setbacks, parking requirements and bonus FAR
provisions to include office use enable additional capacity throughout the City's
main street while maintaining and preserving its authentic historical, architectural
and cultural character and scale. The Zoning lncentives describe maximum
development allowances; however, the ability to maximize these allowances will
depend on a number of factors including but not limited to:
(a) Other regulations as applicable in the City's Zoning Code.
(b) The physical characteristics of any particular development site.
vl
t.lJ
Fzt!Uz
(9z
=oN
=N
oU
LU
fz
LU
zoF
z
=rn
=
380
1. DEVELOPMENT REGULATIONS' FARAND HEIGHT
The development regulations in the CD-2W Commercial, Medium lntensity District for Washington
Avenue are as follows,
Base FAR and FAR Bonus Provision:. Base FAR - No Change Recommended. The Maximum Floor Area Ratio (FAR) shall remain at 1.5
. Bonus FAR - Text amendment recommended to Section 1424o7(d)(2) to encourage office use: 'When
more than 25 percent of the total area of a building is used for residential or hotel units or office, the floor
area ratio range shall be 2.0.
Maximum Building Height:
The CD-2W Zoning lncentives propose to increase the maximum building height from 5O'to 55', except 75' for
lots equal to or greater than 2OO'frontage. Maximum height for garage structure to be 55'. Height is defined as
the maximum vertical extent of a building that is measured as a number of stories or a vertical dimension in feet,
whichever is less. Refer to Figures 1.1,1.2 and 2.0.
Maximum Number of Stories:
The CD-2W Zoning lncentives propose to increase the maximum number of stories lo 7 for lots equal to or
greater than 2OO' frontage. Refer to Figures 1.1,1.2 and Z.O.
uLzt
=l
d,UIolol&o
I
I
o'sctblck --]'
I
I
20'S.tbrck - *\
tor r3idenlial
(.r p.r Rr.l,2,s) +- -
I
ttt
UJ
Fz
LUUz
(,z
=oN
=$oU
LIJ
lz
LIJ
zoF
L9z-
=
lzl=
ILIOGo
I
I
I ' to% ot tor d.pth for
' non..eenlrcnt lota
(ar pcr Rlr- 1,2,3)
Iu. 7t'halghu , rtorla.
lor lots cqurl to or OErtr? thrn 200' lrontrgr
1\ 5'setback;
+!t,
lota ot lot dcpth tor
non.Gartreni lotl
!!"psRil:!,2,t) +28,
o, s"iuii"i.uoi; ,rn.'15'
[, hclght clorlne
(G.EgC! only)
+7t'
+85'
mu. 6E' hclght ,o1
glrr0c structurc
4t.\ e, s"o""r
381
2.SETBACKS
For lots greater than 1OO' frontage, the setback requirements in the CD-2W Commercial, Medium lntensity
District for Washington Avenue and associated Design Guidelines are modified as indicated below and as
illustrated in Figures 1.2 and 2.0
Front Setback:
' O'at ground level.. Above ground level, the following apply, minimum 5' for garage with liner; minimum 1o' for garage without
liner; minimum 15'for all other uses above ground level.. 40'setback above 35 feet in height.
Side, Interior and Side, facing a Street Setback to remain as per CD-2.
Rear Setback,
' 5'setback as per CD-2.. For residential, setback to be 1o% of lot depth.
' For garage use only, o'setback above minimum height clearance.
For lots equal to or less than 1oo'frontage, all setbacks to follow CD-2 setback regulations.
tlt
r.lJ
Fz
IJJU
=(,z
2oN
=NoU
LUfz
LU
zoF(,z
T
=
e. trcnl Selbrck 0' at ground level
h. Front Srtbrcl: Minim(lm 5'forgarage with liners above grounc isver.
U;iriixur ll':1 larage without liners above groufi,J ieral;
Yinimum 15 '.ri ill r'lher uses above ground level
bbo&ocaaaye,Z,e
c. Fronl $f|hrcl: 40'above 35' in heigit
d. Rear Selback 5' setback;
1 0% of lot dep$ lor non-ocearrl,ont lots
0'setback above minimum tri,lk height clearance
(iiarages only)
c. Slda Salback Srm oi the side yards sha1,
equal 10% ol lhe lot wicith.
Minimun 7.!',
Maximum 23'
Refer to Design Guidelines, Page 8, for specifics and detailed illustrations on the following:
1. Maximum Building Height (feet): Base height is 55', except 75'for lots equal to orliieater thalr;2oO'frontage.
2. Maximum Number of Stories:7 for lots equal to or greater than 200 feet frontage.
3. Maximum Building Length: No plane of a building may continue uninterrupted for greater than lOO feet.
4. Building Offset from Seiback Line: lnterrupted means an "offset" of 5'minimum in depth for parking garage with liner and 25'minimum
in depth for all other uses. Offset widths to total no less than 2O% of entire building frontage.
5. Offset Widths: Offset widths to total no less than 2o% of entire building frontage.
382
3. PARKLETS PROGRAM FOR WASHINGTON AVENUE
The proposed PARKLETS PROGRAM for Washington Avenue is intended
to repurpose parts of the street into public spaces for people with the main
purpose of creating aesthetic enhancements to the streetscape, and providing
an economical solution to the need for wider sidewalks, outdoor cafe seating and
increased public open space. Parklets provide amenities like seating, planting, bike
parking, and art. ln order to incentivize outdoor cafes and the implementation
of PARKLETS along Washington Avenue, it is recommended that the City
waive sidewalk cafe permit fees for five years and charge no permit fees for
PARKLETS for five years.
The worldi first formal public parklets were initially conceived and installed
in San Francisco in 2010. As of February20'13, thirty-eight parklets have been
installed and the program is being emulated in cities around the world. The
San Francisco Pavement to Parks Program has facilitated the conversion of
utilitarian and non-pedestrian friendly or underused spaces in the street into
publicly accessible open spaces available for all to enjoy. The Program provides
a path for merchants, community organizations, business owners, and residents
to take action in the development and beautification of the city's public realm.
Parklets enhance neighborhoods by addlng beauty and whimsy to a city's streets.
They reflect the diversity and creativity of the people and organizations who
sponsor and design them. They also reflect a cityi commitment to encouraging
walking and biking, creating great streets, and strengthening communities.
Parklets catalyze vitality and activity in a cityi commercial districts. They support
local business communities by encouraging pedestrians to linger.
Parklets can serve as neighborhood anchors and destination points-providing
spaces for neighbors to gather and get to know one another. Collectively,
parklets broaden the potential for the public realm to engage and delight whlle
adding much needed open space to a cityi commercial corridors.
.t1
UJ
trz
UJUz
(,z
=oN
=d
oU
LU
lzL!
z
FIz
=
=
;+
y{]
For the Washington Avenue PARKLETS
PROGRAM, it is recommended that the
City develop criteria for the following
components:
1. LOCATION
2. DIMENSION
3. USES:
Outdoor CafedDining
Public Plazasf Seating
Bike Parking
Art & Sculpture
Other uses
4. DESIGN ELEMENTS
5. CONSTRUCTION AND
INSTALLATION
6. MAINTENANCE & UPKEEP
Refer to pages 5 and 6 for additional
information on San Francisco's Pavement
to Parks Program and criteria fo,
Parklets.willlwil
383
PARKLETS . San Francisco Parklet Manual(Sample)
Pavement to Parks and the Parklet Manualwere created by the San Francisco
Planning Department in close collaboration with the San Francisco Department
of Public Works, the San Francisco Municipal Transportation Agency, and
the Mayori Office on Disability. The San Francisco Parklet Manual is a
comprehensive overview of the goals, policies, processes, procedures, and
guidelines for creating a parklet in San Francisco. The Manual also serves
as a resource for those outside of San Francisco working to establish parklet
programs in their own cities.
Follow link to download the Manual, http://pavementtoparks.sfplanning.org/
Applicants and designers in San Francisco are strongly encouraged to read the
Parklet Manual in its entirety when they are first thinking about proposing a
parklet, and to refer to it often throughout the process. Understanding what the
program is trying to achieve and the process and regulations for a successful
parklet may reduce the time it takes to receive a permit, and will likely result in
a superior parklet design.
Process Overview
The San Francisco Parklet Manual outlines a step-by-step process for design,
permitting and construction of parklets to include the following:
1. Pre-Design - Site Selection and Public Outreach
2. lnitial Proposal Review
3. Design Development
4. Fabrication and lnstallation
5. Post-Construction
t1
UJ
t-z
LUU
=(9z
=oN
=ToU
LU
fz
LlJ
z
F
z
I
=
384
PARKLETS . San Francisco Parklet Manual(Sample)
Stakeholder Roles
Application lntake and Design Review.
The San Francisco Planning Department (SF Planning) is responsible for
ensuring that parklets are well designed and are a positive addition to the public
realm. SF Planning is the primary point of contact throughout the pre-design,
public outreach, public notice, and design processes, and helps steward projects
through the permitting process. SF Planning can also help resolve design issues
raised by MTA or DPW if necessary. SF Planning is also responsible for ensuring
that parklets reflect the goals and intent of the Parklet Program, and that the
parklet design articulated in the final construction drawings and approved by
the city is what is actually built.
Transportation Review and Bike Coordination.
The San Francisco Municipal Tiansportation Agency (MTA) reviews parklets to
ensure there are no immediate or known traffic, transit, pedestrian, bicycle, or
circulation related issues. lf a parklet includes bicycle parking, the MTA provides
guidance on bike rack selection, placement, spacing, and the bike-parking
approval process. lf a parklet is proposed in or near a color curb zone, MTA
provides guidance on how to relocate those zones or how to design the parklet
to accommodate them.
Permitting and lnspection.
The San Francisco Department of Public Works (DPW) is responsible for
ensuring that parklets satisfy all technical requirements of the Public Works
Code and DPW Standards. They verify that parklets are well constructed,
safe, and accessible. Once a parklet design and plans are approved by all three
agencies, DPW will issue permits and conduct inspections during and after
parklet construction. DPW is also responsible for ensuring that built parklets
meet maintenance and upkeep requirements, remain open to the public, and
comply with permit regulations. lf significant public concern is expressed about
the installation of a parklet, DPW will conduct a public hearing before a hearings
officer to determine if the parklet permit should be renewed or some other
enforcement action taken.
Design, Capital Costs, Liability and Maintenance.
Project sponsors are responsible for conducting outreach, designing, funding,
and constructing their parklets. They also assume liability for the parklet and
ensure the parklet is well-maintained and kept in good repair.
VI
UJ
Fz
UJUz
uzzoN
=IoU
LUlz
LU
?z
Ftnz-rJ)
=
385
4. PARKING
With the purpose of incentivizing in scale hotel and small office development on
Washington Avenue, without any FAR increase, and recognizing the difficulty of
providing on-site parking for existing contributing retail buildings, the CD-zW
Zoning lncentives proposes modifications (which will sunset in five years) to the
existing parking and parking impact fee requirements as follows,
For Hotel Use:
No off-street parking requirements. Waive parking impact fees.
For accessory uses, the minimum required parking is to be provided as per code.
For Office Use:
Under CD-2W the off-street parking requirements for all office uses is modified
to require (t) one space per 500 square feet of floor area. At present, CD-2
requires (t) one space per 4oO square feet of floor area.
Notwithstanding the above, in order to incentivize small office developments for
projects on lots equal to or less than 2OO' in frontage, there shall be no parking
requirements and no parking impact fees.
For Retai! Use:
No parking requirement for existing retail use.
For new development, provide (t) one space per 3oo square feet of floor area.
For Outdoor Cafes and Parklets:
Waive parking impact fees for all outdoor cafes including outdoor cafes located
in parklets.
All parking reductions and waiver of parking impact fees to sunset in (s) five
years. This is applicable to al! hotels and smal! office projects constructed on
Washington Avenue and that obtain a CO within 5 years of the adoption of
the ordinance.
an
IIJ
Fzt!Uz
(,z
2oN
=IoU
LUlz
LU
zoF(,z
=\n
=
386
5. DESIGN GUIDELINES
Building and Facade Articulation Guidelines.
Maximum Building Length:
Along Washington Avenue, no plane of a building, above the ground floor
facade facing the street or sidewalk, may continue uninterrupted for greater
than 1oo feet. lnterrupted means an offset from the setback line as indicated in
Figures s.2. and s.3.
A. llo l.$ th.n 20'A ot bslldlng iont g.
Figure 5.1. Diagram illustrating maximum building length and building offsets.
Building Offset from Setback Line:
A building offset from setback line applies to building facades above the ground
floor facing Washington Avenue. Interrupted means an offset of 5'minimum
in depth for parking garage with liner and 25' minimum in depth for all other
uses. Offset widths to total no less lhan20% of the entire building frontage as
illustrated in Figure 5.1.
Figure 5.3. Diagram illustrating building offset for building with residential,
hotel and/or office use above retail.
Eulldlne fD.lrg.
V,
LIJ
Fz
IIJUz
(9z
=oN
=IoU
UJlz
LU
zoF
z-
=
A . B . ilo L.! ti.n 20t6 d bulldlng frcnirg.
Figure 5.2. Diagram illustrating building offset for garage with liner.
387
Building Orientation:
Main building 'axis' is to be oriented east / west. Axis is deflned as a line about
which a three-dimensional form is symmetrical and/or the line used as a fixed
reference point abouth which to arrange building form(s), element(s), area(s)
or plane(s).
Figure 5.4. Diagram illustrating building an east / west orientation.
Physical Separation between Building Towers:
Provide a physical separation between building towers (overbuilds) greater than
2OO feet in length and at/or above 35 feet in height from ground floor.
Figure 5.5. Diagram illustrating building tower separation.
Uses.
Entertainment Uses.
For new entertainment uses such as clubs and dance halls located at the ground
level on Washington Avenue, the maximum frontage shall not exceed 25 feet.
Hotel Room Sizes.
For new hotel construction or conversions, allow minimum hotel room unit sizes
to be 200 square feet provided larger public spaces are provided and follow
design guidelines.
o\
th
uJ
Fz
IIJUz
(,z
2oN
=NoU
LIJlzL!
zoF(,z
Ir/1
=
388
WASHINGTON AVENUE ZONING INGENTIVES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY GODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS,'' ARTICLE II, "DISTRICT
REGULATIONS," DIV|S|ON 5, ,,CD-2 COMMERCIAL, IUIEDIUM INTENSITY
D!STR!CT," TO ESTABLISH SECTION 13.309, "WASHINGTON AVENUE
DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO MODIFY
THE DEVELOPMENT REGULATIONS FOR PROPERTIES FRONTING
WASHINGTON AVENUE BETWEEN 6TH STREET AND LTNGOLN ROAD; BY
AMENDING CHAPTER 130, "OFF.STREET PARKING," ARTICLE II,
"DISTRICTS; REQUIREMENTS," TO ESTABLISH PARKING DISTRICT 7 TO
MODIFY THE PARKING REQUIREMENTS FOR THE PROPERTIES
FRONTING WASHINGTON AVENUE BETWEEN 6TH STREET AND LINCOLN;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City has studied Washington Avenue for over a year, and has created a
Mayor's Washington Avenue Blue Ribbon Task Force: and
WHEREAS, the City has reviewed the conditions of Washington Avenue and the
concerns raised by residents, property owners, and businesses as it relates to the condition of
Washington Avenue; and
WHEREAS, there appears to be some deterioration of the area and the businesses and
property owners are concerned with the quality of life and quality of the streets within the
Historic District; and
WHEREAS, the City has studied various mechanisms for improving the quality of life
and quality of business improvements within the area; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, the Planning Board, at its meeting dated June 23, 2015, by a vote of 6-0,
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
Page 1
389
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 5, "CD-2 Commercial, Medium lntensity District," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended
as follows:
Sec. 142-309 - Washinqton Avenue development requlations and area requirements:
(1) The maximum buildinq heiqht shall beis 55 feet, except for lots that have a frontaqe
equal to or qreater than 200 feet. in which case the maximum buildino heioht shall be
75 feet: provided. however. main use parkino garaoes shall not exceed 55 feet,
reqardless of the amount of lot frontaqe.
(2) The maximum number of stories shall be 5 stories. except for lots that have a frontaqe
equal to or qreater than 200 feet. in which case the maximum number of stories shall
not exceed seven (7) stories.
(3) For lots that have a frontaqe that is equal to or less than 100 feet, the setbacks shall be
pursuant to section 142-307. For lots that have a frontaqe that is qreater than 100 feet,
the setbacks shall be as follows:
a. Front:
j. Subterranean: zero (0) feet
ii. Ground level: zero (0) feet
iii. Above the qround level up to 35 feet in heiqht:
1. Minimum five (5) feet for parkino qaraoes with liners; or
2. Minimum 10 feet for parkino garaqes without liners: or
3. Minimum 15 feet for all other uses.
iv. Above 35 feet in heisht:
1. Minimum five (5) feet for parkino oaraoes with liners: or
2. Minimum 10 feet for parkinq qarages without liners: or
3. Minimum 4e 30 feet for all other uses.
b. Rear:
L Subterranean: zero (0) feet
!t Ground level: zero (0) feet
iii. Above the qround level:
1. Minimum 10 percent of lot depth: or
6'" Street and 16'" Street: where there is conflict within this division. the criteria below shall
Page 2
390
2. Minimum zero (0) feet for parkino qaraqe floors above the
minimum truck clearance.
c. Side. facinq a street:
L Subterranean: zero (0) feet
ii. Non-residential uses: zero (0) feet
iii= Residential uses: Sum of the side setbacks shall equal 1696.percent of
lot width or a minimum of 7.5 feet and up to 20 feet.
d. Side. interior:
j. Subterranean: zero (0) feet
ii. Non-residential uses: zero (0) feet
iii. Residential uses: Sum of the side setbacks shall equal 169i6 percent of
lot width or a minimum of seven and a half feet (7.5') or eioht (8) percent
of lot width. whichever is oreater.
(4) The maximum frontaqe for niqhtclubs and dance halls, located at the oround level shall
not exceed 25 feet in width unless such a space has a certificate of use for niohtclub or
dance hall.
(5) For new hotel construction or conversion to hotel use. the minimum hotel room unit size
mav be 175 square feet, provided that:
a. A minimum of 2096 percent of the oross floor area of the hotel consists of hotel
amenitv space that is phvsicallv connected to and directlv accessed from the
hotel. Hotel amenitv space includes the followinq types of uses. whether indoor
or outdoor, includinq roof decks: restaurants. bars: cafes: hotel business center:
hotel retail: screeninq rooms: fitness center: spas: qvms, pools: pool decks: and
other similar uses customarilv associated with a hotel. Bars and restaurants
shall count no more than 50 percent of the total hotel amenitv space
requirements.
b. Windows shall be required in all hotel rooms and shall be of dimensions that
allow adequate natural liohtino, as determined bv the historic preservation
board.
(6) For lots that have a frontaqe that is qreater than 100 feet, the followinq shall applv.
unless otherwise approved bv the historic preservation board:
a. Maximum Buildinq Lenqth. No plane of a buildinq. above the oround floor facade
facino Washinston Avenue. shall continue for qreater than 100 feet without
incorporatino an offset of a minimum five feet (5') minimsm in depth from the
setback line. The total offset widths shall total no less than 2096 percent of the
entire buildinq frontaqe.
b. Phvsical Separation between Buildinq: A phvsical separation must be provided
between buildinos qreater than 200 feet in lenqth and aUor above 35 feet in
heiqht from the oround floor.
Page 3
391
SECTION 2. That Chapter 130, "Off-Street Parking," Article ll, "Districts; Requirements," of the
Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 130-3{. - Parking districts established.
Sec. 130-33. - Off-street parking requirements for parkinq districts nos. 2. 3. 4. 5. and-6.
and 7.
GD Except as otherwise provided in these land development reoulations. when anv buildino
or structure is erected or altered in parkino district no. 7. off-street automobile parkinq
spaces shall be provided for the buildinq. structure or additional floor area as follows.
For uses not listed below. the off-street parkino requirement shall be the same as for
parkinq district no. 1 or parkinq district no. 2. as applicable.
(1) Hotel: No parking requirement. For accessorv uses to a hotel, the minimum
parkinq is as set-forth in parkino district no. 1.
(Q Office: One (1) space per 500 square feet of floor area.
13) Retail. Retail existino as of the date of adoption of parkins district no. 7 shall
have no parkinq requirement. For new retail construction, one (1) space per 300
square feet of floor area.
({) Caf6. outdoor: No parkino requirement.
(Q Approved parklets shall have no parkinq requirement.
(Q Anv buildinq or structure erected in parkinq district no. 7 mav provide required
parkinq on site as specified in parkino district no. 1. Such required parkino, if
provided, shall be exempt from FAR. in accordance with the requlations specified
in chapter 114 of these land development requlations.
The parkino requirements in this subsection 130-33(dX1)(2)(3X4) and (5) shall onlv applv to
proiects that have obtained a full buildinq permit or business tax receipt bv September 1,
2020.
no. 7. Parki
Page 4
392
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFIGATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION5. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading: September 2,2015
Second Reading: October 14,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
S*ife*nreugh denotes deleted language
[Sponsored by Commissioner Joy MalakoffJ
APPROVED AS TO
rONU & LANGUAGE
r-'t#!5
T:\AGENDA\2015\September\Pl-ANNING\Washington Avenue Zoning lncentives - First Reading ORD.docx
Page 5
393
lClXlHIRllD I MiafniHcfnld.com NE TIIURSDAY. AUGUST2O,?OE I I5I{E
i\AIAAAIBEACH
CITYOFMIAMI BEACH
ORDINANCE AMENDING THE LAND
OEVELOPMEITT REGU I.ATICI t'I$ AN D
COM PAEililTIUSIVE PI.Af* TO HSTAB IISH
WASH IN GTOII AVENUE O EVELOPM$'IT
REGUI.ATIOI{S AND AREA REOUIREMEHTS
NOTISE OF P['BLIC HEARING
[011CE lS IICREBY given*ata First fteading/Public Hearing
will be heard by the Mayor and City Commission of the City
of Miami Beach, Florida. in the Commission Chambers,
3rd Flooe CiS l1all, 17ffi Canvention Center Drive, Miami
Bsach, Florida, on September \ZtlS at 1020 a.m., or as
soorl thereafter as the matter can be heard, to consider:
An 0rdinance Amending The Land 0evelopment
Regutations ll0Esl 0f The City Code, By Amending
Chapter l4e "Zoning 0istricts Arrd R€gulatio*$." Article
Il, "District Begulation$," Division 5, "S0.2 Commercial,
Medium Intonsity 0irtrict" T0 Establi$h $sction 13-309,
"Washington Avanue Development Requlations A*d Area
Requirements," To ModifyThe Development Begulations For
Properties Fronting Washington Avenue Between 66 Street
And lincaln Road; By Amending Chaplor 130, "0fI"$treot
Parking,' Article ll, "oistricts; Eequirements,' To Esta blish
Parking Oistrict 7 To Modify The Parking Requirements For
The Properties Fronting Washingtcn Averue Between 6s
Streot And Lincoln; Providing For Codification; Bepealer;
Severability; And An Effective Date.
lnquiries may be directed to the Parking Bppartment at
30s.673.?505.
INTERESTED PARIIES are invited tD appear atthis meeling,
or be reprssonted by a* a{ent or to express their views
ir writing addressed to the City Cammission. c1o tfie [ity
Clerk, 1700 ConvBntion Centsr Drive, lil Floor, City llall
Miami Beach, Florida 33139. This item is available for public
inspection during normal business holrs in the 0ffice of
the City Cle*. l?00 Convention Ce*ter Drive, ls Flotc City
Hall. Miami Beach, Florida 33139, This meeirq, rr any item
herein, may bs continued, and under such ci.cumstance$,
additisnal legal notice need not be provided.
Pursuant to Section ?86,01S5, Fla. Stat,, tha Cifi hereby
advises the public that if a persor decides to appeal any
decision mado by the Cig eommission wifi respect to any
mattsr considered at its meeting or its hearing. such parson
must ensure that a verbatim record of ihe proceedings is
made. which record includes Sre testimony and evidence
i;:; ,r':i, rt :1:t a;; ;"1 .s :; -;: ::::.i Tlr:: r..:;-': i:- j j
not cons'LitutB consent by the Crty lor the introduction or
admission of otherwise inadmissible or irreleyant euidenee,
nor does it authorize challelges or appeals not othemise
allowed by law.
To raquest this matarial in alternate formaq sign languaga
interprster {five-day *atice required}. information on aceess
lor persons with disahilities, and/or *ny aceomrnodation to
revi$w 6ny document or p6rtisipat€ in any City-sponsored
proceedings, call 305.6042489 and select I for English or
2 for Spanish, then option S; TTY users may call uia 7ll
(Florida Selay Servicel.
Bafael L Granado, City Clerk
City of Miami Beach
Ad 1074
394
o
@o
E
(I
{
II
€iis EEE iEstsE EE} EI
iEBEigEglleliEtiiEg-
e*gt # tf i;l E iE .iIE EE
E,
Ea*E-E'EEE-,Eiii*E-
BiiEEiEEBEiiiEiEiEEE
EEEEiE*EEEiEEEEiEEgE
gaagl glti glEEgi
aEE-ga
gE*Et
=aEI
ieE Ette ca;# Ei
EEEEE Eiii EEE EEEi EEiE iE
Segigg S€gg; eEEg EEi€ EEEg EEE
ctbbN
N6
€ **i ;+En Et €{EE :=E ::
u* e;f ff?H fl: tEe
EteirilEsiEEli
:E s$€ e;5F r:e {Et
}* eEg EEf,I EfE eE:
iE EE$ EEE* EEE E$E
;* $Eg sE*t ffs c$e
HiiEiEtEiEiiEiiiE
!; EE#T EEtI Er; EFE
A? EEE$ EE!I €E! EEE
EiEEttEaIEEiaEiE
€E EfEi EE9E tgE tEge: Ep.*h EEE* jeE 5i.;
I€ t[iE us$ taa tt=
f,EEFEgEI5EEEgEEE
gEEEEEIgEEE}EEEEEEi$
to(,
-z(J0c
lU III6:E
=9sd5f
bg
tru
bH
oz
lr
IUt<
I r.r-riet*-te
l<"\
iE
I:
3I
I
I
I
Eo(,,|
E
@
@
=E
.o
=
at
J
cu
=sE
lltzrlF
6N
dN
ts
=(,
=ioq
E
=-F
395
COMMISSION ITEM SUMMARY
lntended Outcome
Item Summa
SECOND READING - PUBLIC HEARING
The proposed Ordinance would amend Section 66-43 of the City Code to establish a no wake zone in that
area of Meloy Channel between the Miami Beach Marina and the U.S. Coast Guard (USCG) Causeway
lsland. lf this Ordinance is adopted, the City would establish a no wake zone within a 500 foot radius of the
launching and landing facility on the western boundary of the Miami Beach Marina (Area A on Attachment
B, Appendix 2). Per Section 327.46(b)(1Xa), Fla. Stat., the City has the authority to establish a no wake
zone by ordinance if the area is within 500 feet of any launching or landing facility available for use by the
general boating public on watenvays more than 300 feet in width.
Due to regulatory restrictions and the width of the channel, an area approximately 260 feet wide on the
western edge of the channel sits outside the City's authority to establish a no wake zone. As such, this
Ordinance further amends Chapter 66-43 of the City Code to extend the no wake zone across the Meloy
Channel under Section 327.46(c)(1), Fla. Stat., which provides for the creation of an idle speed, no wake
zone with FWC approval if the area is within 300 feet of a confluence of water bodies presenting a blind
corner (Area B on Attachment B, Appendix 2). There are two blind corners at the Meloy Channel resulting
from the intervening obstruction of USCG Causeway lsland: one at the intersection of the Meloy Channel
with Government Cut and another at the intersection of the Meloy Channel with Biscayne Bay.
Simultaneous with the consideration of this Ordinance, the City is filing an application with FWC for the
approval of Area B due to the safety concerns posed by these blind spots. The City will not be installing
"idle speed no wake" signs until FWC approves Area B. Per Florida Statutes, the City is required to consult
with Miami-Dade County, the USCG and the U.S. Army Corps of Engineers in the development of all
boating restricted areas. At this time, the City has begun coordination with all three agencies.
The waters just west of the Miami Beach Marina present a serious safety hazard. The Miami Beach Marina
is a public facility that sees heavy boat traffic entering and exiting the Meloy Channel. At the same time,
boats and jet skis coming from Government Cut pass quickly through the channel, sometimes at alarming
speeds. Additionally, large wakes can result in damage to the City's landing facility and to the vessels that
dock thereon. A no wake zone in this area would considerably reduce the threats to safety and quality of life
posed by boats passing quickly through the channel and those reducing or picking up their speed to enter
or exit the Miami Beach Marina. The Miami Beach Marina has provided a letter of support for this initiative.
On July 8, 2015, the City Commission passed this Ordinance on first reading. The Administration
recommends that the City Commission adopt the proposed No Wake Zone Ordinance on Second Readino.
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmpact Summary: The proposed Ordinance should not have a significant fiscal impact upon
the City, as it will only require installation of "idle speed no wake" (no wake) signs. Additionally, this area is
already under the jurisdiction and supervision of Marine Patrol so there is no increase in enforcement
costs.
,h
-
Condensed Title:
Second Reading Of An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,
Florida, Amending The Code Of The City Of Miami Beach By Amending Chapter 66, Entitled "Marine
Structures, Facilities And Vehicles," By Amending Article ll, Entitled "Restricted Wake Zones," By Amending
Section 66-43, Entitled "Restricted Areas," By Amending Subsection B Thereof Regarding The ldle Speed,
No Wake Zones By Adding An ldle Speed, No Wake Zone ln The Area Of The Miami Beach Marina And
Amending The Appendices To Section 66-43, Accordingly; Providing For Repealer, Severability,
Codification, And An Effective Date.
N/A
Data: N/A
Financial lnformation:
Elizabeth Wheaton x61 21
MIAMIBEACH NDA ITEM R5F
396
g MIAMI BEACH
Cify of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 COND READING - PUBLIC HEARING
SUBIECT: AN ORDINANCE OF THE MA AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH BY AMENDING CHAPTER 66, ENTITLED..MARINE STRUCTURES, FACILITIES AND VEH!CLES," BY
AMENDING ARTICLE II, ENTITLED "RESTRICTED WAKE ZONES,"
BY AMENDING SECTION 66.43, ENTITLED ..RESTRICTED AREAS,"
BYAMENDING SUBSECTION B THEREOF REGARDING THE IDLE
SPEED, NO WAKE ZONES BY ADDING AN IDLE SPEED, NO WAKE
ZONE IN THE AREA OF THE MIAMI BEACH MARINA AND
AMENDING THE APPENDICES TO SECTION 66.43,
ACCORDINGLY; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the proposed No Wake Zone
Ordinance on Second Reading.
BACKGROUND
On July 8,2015, the City Commission passed this Ordinance on first reading.
The proposed Ordinance would provide regulations for the safe operation of motorboats and other
vessels in or upon waters within the jurisdiction of the City of Miami Beach. The City has the
authority to create such an ordinance based on Section 327.46, Florida Statutes (Fla. Stat.)
(Attachment A). Section 327.46, Fla. Stat. authorizes local governments to establish boating
restricted areas where needed. The statute provides specific requirements on where and forwhat
purposes boating restricted areas can be established. The statute identifies zones that can be
established with state review and zones that can be established without state review. The Florida
Fish and Wildlife Conservation Commission (FWC) is the agency responsible for conducting the
aforementioned state review.
PROPOSED ORDINANCE
The proposed Ordinance would amend Section 66-43 of the City Code to establish a no wake zone
397
Restricted Wake Zone Miami Beach Marina Memo - Second Reading
September 2, 2015
Page 2 of 3
in that portion of Meloy Channel between the Miami Beach Marina and the U.S. Coast Guard
(USCG) Causeway Island. lf this Ordinance is adopted, the City would establish a no wake zone
within a 500 foot radius of the launching and landing facility on the western boundary of the Miami
Beach Marina (Area A on Appendix 2 of the Ordinance). Per Section327.46(bX1)(a), Fla. Stat., the
City has the authority to establish a no wake zone by ordinance if the area is within 500 feet of any
launching or landing facility available for use by the general boating public on watenrrrays more than
300 feet in width.
Due to regulatory restrictions and the width of the channel, an area approximately 260 feet wide on
the western edge of the channel sits outside the City's sole authorityto establish a no wake zone. As
such, this Ordinance further amends Chapter 66-43 of the City Code to extend the no wake zone
across the Meloy Channel under Section 327 .a6@)(1), Fla. Stat., which provides for the creation of
an idle speed, no wake boating-restricted area with FWC approval if the area is within 300 feet of a
confluence of water bodies presenting a blind corner (Area B on Appendix 2 of the Ordinance).
There are two blind corners in this area of the Meloy Channel resulting from the intervening
obstruction of USCG Causeway lsland: one at the intersection of the Meloy Channel with
Government Cut and another at the intersection of the Meloy Channel with Biscayne Bay adjacent to
the MacArthur Causeway (Attachment B). Simultaneous with the consideration of this Ordinance,
the City is filing an application with FWC for the approval of Area B due to the safety concerns
posed by these blind spots. Specifically, when Area A becomes a no wake zone, boat traffic seeking
higher speeds is anticipated to reroute under the bridge outside the channel, closer to USCG
Causeway lsland, and create potentially hazardous conditions for boaters, as well as the USCG
which docks, services, and launches vessels from their eastern seawall. The City will not be
installing "idle speed no wake" signs until FWC approves Area B. Per Florida Statutes, the City is
required to consult with the Miami-Dade County, USCG and the U.S. Army Corps of Engineers in
the development of all boating restricted areas. At this time, the City has initiated consultation with
allthree agencies.
The waters just west of the Miami Beach Marina present a serious safety hazard. The Miami Beach
Marina is a public facility that sees heavy boat traffic entering and exiting the Meloy Channel. At the
same time, boats and jet skis coming from Government Cut pass quickly through the channel,
sometimes at alarming speeds. Additionally, large wakes can result in damage to the City's landing
facility and to the vessels that dock thereon. A no wake zone in this area would considerably reduce
the threats to safety and quality of life posed by boats passing quickly through the channel and
those reducing or picking up their speed to enter or exit the Miami Beach Marina. The Miami Beach
Marina has provided a letter of support for this initiative (Attachment C).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years)of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. The proposed Ordinance should not have a significant fiscal impact
upon the City, as it will only require installation of "idle speed no wake" (no wake) signs. Additionally,
this area is already under the jurisdiction and supervision of Marine Patrol so there is no increase in
enforcement costs.
398
Restricted Wake Zone Miami Beach Marina Memo - Second Reading
September 2, 2015
Page 3 of 3
CONCLUS!ON
The Administration recommends that the City Commission adopt the proposed No Wake Zone
Ordinance on Second Reading.
Attachment: A - Section 327.46, Fla. Stat.
B - Blind Corner Map
C - Miami Beach Marina Letter of Support
MT/ESW/MKW
T:\AGENDA\201S\SeptembeAENVIRONMENTAL\Restricted Wake Zones Miami Beach Marina - MEM Second Reading.doc
399
Chapter 327 Section 46 - 2011 Florida Statutes - The Florida Senate Page 1 of 2
Attachment A
The Florida Senate
20LL Florida Statutes
Title XXIV
VESSELS
i Chapter 327 : SECTION 46
; VESSEL SAFETY : Boating-restricted areas.
! Entire Chapter :
327.46 Boating-restricted areas.-
(1) Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be
established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions
are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or
other navigational hazards.
(a) The commission may establish boating-restricted areas by rule pursuant to chapter 120.
(b) Municipalities and counties have the authority to establish the following boating-restricted areas by ordinance:
1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is:
a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use
by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist,
marine railway, or other launching or landing facility available for use by the general boating public on waterways not
exceeding 300 feet in width.
b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general
boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any
licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in
width.
c. Inside or within 300 feet of any lock structure.
2. An ordinance establishing a slow speed, minimum wake boating-restricted area if the area is:
a. Within 300 feet of any bridge fender system.
b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of
less than 100 feet.
c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline
to shoreline.
d. On a lake or pond of less than 10 acres in total surface area.
3. An ordinance establishing a vessel-exclusion zone if the area is:
a. Designated as a public bathing beach or swim area.
b. Within 300 feet of a dam, spillway, or flood control structure.
(c) Municipalities and counties have the authority to establish by ordinance the following other boating-restricted
areas:
1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is within 300 feet of a
confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an
intervening obstruction to visibility may obscure other vessels or other users of the waterway.
2. An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating-restricted area if the
area is:
a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or
fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the
waterway.
b. Subject to unsafe levels of vessel traffic congestion.
c. Subject to hazardous water levels or currentt or containing other navigational hazards.
http://www.fl senate.gov/Laws/Statutes/20 I I 1327 .46 8t19t20t5400
Chapter 327 Section 46 - 2011 Florida Statutes - The Florida Senate Page 2 of 2
d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data
demonstrate to present a significant risk of collision or a significant threat to boating safety.
3. An ordinance establishing a vessel-exclusion zone if the area is reserved exclusively:
a. As a canoe trail or otherwise limited to vessels under oars or under sail.
b. For a particular activity and user group separation must be imposed to protect the safety of those participating
in such activity.
Any of the ordinances adopted pursuant to this paragraph shall not take effect until the commission has reviewed the
ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety
pursuant to this paragraph. Any application for approval of an ordinance shall be reviewed and acted upon within 90
days after receipt of a completed application. Within 30 days after a municipality or county submits an application for
approval to the commission, the commission shall advise the municipality or county as to what informatiory if any, is
needed to deem the application complete. An application shall be considered complete upon receipt of all requested
information and correction of any error or omission for which the applicant was timely notified or when the time for
such notification has expired. The commission's action on the application shall be subject to review under chapter 120.
The commission shall initiate rulemaking no later than january l, 2010, to provide criteria and procedures for
reviewing applications and procedures for providing for public notice and participation pursuant to this paragraph.
(2) Each such boating-restricted area shall be developed in consultation and coordination with the governing body
of the county or municipality in which the boating-restricted area is located and, when the boating-restricted area is to
be on the navigable waters of the United States, with the United States Coast Guard and the United States Army Corps
of Engineers.
(3) It is unlawful for any person to operate a vessel in a prohibited manner or to carry on any prohibited activity,
as defined in this chapter, within a boating-restricted area which has been clearly marked by regulatory markers as
authorized under this chapter.
(4) Restrictions in a boating-restricted area established pursuant to this section shall not apply in the case of an
emergency or to a law enforcemen! firefighting, or rescue vessel owned or operated by a governmental entity.
History.-s. Z ch.63-105; s. 1, ch.65-361; ss.25,35, ch.69-106; s.23, ch. 78-95; s. Z ch.81-100; s.27, ch.99-245;s.1.6, ch.2O00-362; s. 13, ch.
2009-86.
Note. - Former s. 371,.522
Disctaimer: The information on this system is unverified. The journats or printed bitts of the respective chambers
should be consutted for official purposes.
Copyright o 2000- 2015 State of Ftorida.
http ://www. fl senate. gov/Laws/Statutes/20 I 1 I 327 .46 8lt9l20l5401
Blind Spot
(300 ft. radius)
Attachment B
402
Attachment C
MIAMI BEACH TIIARI}.IA
June 30, 2A15
The Honorable Philip Levine, Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Meloy Channel ldle Speed, No Wake Zone Letter of Support
Dear Mayor Levine,
The Miami Beach Marina supports the City of Miami Beach's proposed amendment
to Chapter 66 of the City Code to establish a no wake zone in the Meloy Channel.
The Miami Beach Marina sees heavy boat traffic entering and exiting the Meloy
Channel. At the same time, boats and jet skis coming from Government Cut pass
quickly through the channel, sometimes at alarming speeds. Additionally, large
wakes can result in damage to the marina and the vessels stored here. A no wake
zone in this area would considerably reduce the threats to safety posed by boat
traffic in the channel and minimize the potential for damage to property at the
marina.
Y)--
Robert W. Christoph
3OO Alton Roacl, Suite 3O3, Miami Beach, Floricla 33139, (305) 672-5588' FAX (305) 673-5995
403
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 66,
ENTITLED "MARINE STRUCTURES, FACILITIES AND
VEHICLES," BY AMENDING ARTICLE II, ENTITLED..RESTRICTED WAKE ZONES," BY AMENDING SECTION 6643,
ENTITLED "RESTRICTED AREAS," BY AMENDING
SUBSECTION B THEREOF REGARDING THE IDLE SPEED, NO
WAKE ZONES BY ADDING AN IDLE SPEED, NO WAKE ZONE IN
THE AREA OF THE MIAMI BEACH MARINA AND AMENDING
THE APPENDICES TO SECTION 6643, ACCORDINGLY;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel
operations, including the speed and wake of vessels, under Sections 327.46 and 327.60
of the Florida Statutes; and
WHEREAS, the Miami Beach City Commission has determined that the
unregulated operation of vessels on the waterways in the City of Miami Beach
constitutes a potential hazard to the safety and welfare of the citizens of City of Miami
Beach; and
WHEREAS, vessels used as a means of transportation on water have been
declared to be dangerous instrumentalities in the State of Florida pursuant to Section
327.32, Florida Statutes; and
WHEREAS, boating restricted areas are necessary to avoid safety hazards to
persons, property, and marine life resulting from vessels traveling at excessive speeds;
and
WHEREAS, the amendments set forth herein are necessary to accomplish the
above objectives in the area of the Miami Beach Marina.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Article ll of Chapter 66 of the Miami Beach City Code, and the
Appendix thereto, are hereby amended as set forth below. The provisions in Sections
66-44 through 66-46 are provided for reference purposes.
404
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VEHICLES
Article ll. Restricted Wake Zones.
Section 6643. Restricted Areas.
A. The areas of enforcement of the provisions of this Ordinance shall be all public
navigable waters, creeks, lakes, canals and channels, as provided herein, whether
natural or manmade, located within the boundaries described below for the purpose
necessary to protect the safety of the public as such restrictions are necessary
based on boating accidents, visibility, hazardous currents or water levels, vessel traffic
congestion, or other navigational hazards in compliance with Section 327.46, Florida
Statutes.
B. ldle Speed, No Wake Zones shall be established at the following locations:
1) Within a 500 foot radius of the public access boat ramp within the Maurice
Gibb Memorial Park. See Area A on Appendix 1.
2\ Within a 300 foot radius of the blind corner presented by the northwest
corner of the Sunset Harbor Yacht Club Marina which obstructs the view
between the Biscayne Bay and the channel between the Miami Beach
lsland and Sunset lsland IV, excluding however the area of the 300 foot
radius circle which is greater than 150 feet north of the northern bound of
the Sunset Harbor Yacht Club Marina. See Area B on Appendix 1.
O Within a 500 foot radius of the launchinq and landinq facilities at the Miami
Beach Marina (see Area A on Appendix 2) and within a 300 foot radius of
the blind corners on the northeast and southeast corners of USCG
Causewav Island and such other areas where the visibilitv is obstructed for
vessels and other users in the adjacent areas qenerally bounded on the
north by the MacArthur Causeway, on the west bv USCG Causeway
lsland, and on the south by the northern boundary of Government Cut (see
Area B on Appendix 2).
C. A Slow Speed, Minimum Wake Zone shall be established:
That portion of Biscayne Bay which lies west of the northern portion of the
Sunset Harbor area of Miami Beach, and east of the northern mid-point of
Belle lsle, and excluding the shoal area in the vicinity east, north, and south
405
of Marker 5, and bounded to the north by the imaginary line which is a
westward extension of the northern boundary of the Sunset Harbor Marina
Yacht Club; additionally excluding areas otherwise designated herein as
ldle Speed, No Wake Zones. See Area C on Appendix 1.
Sec. 66,44. - Posting of regulatory markers.
lmplementation of the boating restricted areas is contingent upon receiving all
applicable state and/or federal authorizations to insure compliance with Chapter 68D-23,
of the Florida Administrative Code, as may be amended. and to assist in navigation
consistent with the United States Aids to Navigation System.
Regulatory markers shall be installed and maintained to alert boaters to the
existence and boundaries of the boating restricted areas established herein. All
regulatory markers shall comply with the standards and regulations provided by state
law, specified in Sections 68D-23.108 and 68D-23.109 of the Florida Administrative
Code, as may be amended. No person shall be charged with a violation of this article
prior to the posting of regulatory markers as required by this section.
All areas designated as "boating restricted areas" shall be so posted with
regulatory markers that are in accordance with the provisions of the Florida Fish and
Wild I ife Conservation Comm ission's U n iform Waterway Ma rki ng System.
Sec. 6645. - Exemptions.
The restrictions created by this article shall not apply to vessels of any federal,
state, county or municipal agency while operated by an officer, employee or agent
thereof who is engaged in law enforcement or other necessary municipal or
govern mental activity.
Sec. 6646. - Enforcement and penalties.
The provisions of this section may be enforced by the Miami Beach Police
Department, the Division of Law Enforcement of the Florida Fish and Wildlife
Conservation Commission and its officers, and any other authorized law enforcement
officer as defined in F.S. S 943.10, and in accordance with F S S 327.70, as mav be
amended.
Pursuant to F.S. S 327.73, any person cited for a violation of any provision of this
article shall be deemed to be charged with a noncriminal infraction, shall be cited for
such an infraction, and shall be cited to appear before the county court. The civil penalty
for any such infraction is $50.00, except as othenrise provided by statute.
3
406
SECTION 2. SEVERABILITY.
lf any section, sentence, clause, or word of this section is for any reason
declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the
remaining portions shall not be affected.
SECTION 3. REPEALER.
Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in
conflict with this Ordinance, is hereby repealed to the extent of such conflict.
sEcTtoN 4. coDtFtcATroN.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida, as amended. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section" or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of 2015,
and upon t h e posting of the regulatory markers which have been permitted in
accordance with Sections 327.40 and 327.41 of the Florida Statutes and the provisions
in Chapter 68D-23 of the Florida Administrative Code.
PASSED and ADOPTED this day of
ATTEST:
,2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
S+i*e-+nreugn d en otes d e letio ns
(Sponsored by Mayor Philip Levine)
APPROVED AS TO
FORM & LANGUAGE
\--M,I
F :\ATTO\TU R N\ORD I NANC\Restricted Wake Zones Miami Beach Marina.docx
407
(n
sf
I(o
ro
(Jo1n
o+)
Hl
.xEtro
CL
CL
3 ,. '' imi.i
=;\'
*i]tit',,
I
tl
JJz
N
)Z
>
7
2z
=2x
tr
ir)
UJ
408
Leqend
Area A
City of Miami Beach I
l,lle Speed No U/ake Zonesl
Appendix 2 to Sec 66-43
|
Area B
0 100 200 300 400 500 Feet
409
I'llAl{l HERATD I [liamillerald.com
I.-..-.
--l^.-,=:
-1915. 20!5-
AntA&Arffiffi&ch.t
CITY OF MIAMIBEACH
NOTICE OF PUBLIC HEARING
NOTICE lS HEBEBY given that a second reading/public hearing will be held
by the Mayor and City Commission of the City ol Miami Beacfi, Florida. in
the Commission Chembers,Tlird Floor, City Hall. '1700 Convention Center
Drive, Miaml tseach, Florida, on September2,2015, at 10;25 a.m., or as soon
thereafter as the matter can be heard Io consider:
An Ordinance Amending The Code Oi The City Of Miemi Beadr
By Amending Chapter 66. Entitled "Marine Structures, Facilities
And Vehiclesj' By Amending Article ll, Entitled "Bestricted Wake
Zonesi' By Amending $ection 66-4ii, Entitled 'Bestricted Areasi'
By Amending Subsection B Therecf ftegarding The ldle Speed,
No Wake Zones By Adding An ldle Speed, No Wake Zone ln The
Area Of The Miami Beaoh Marina And AmendingThe Appendices
To Section 6&4iI, Aceordingly; Praviding For Bepeater, Severability,
Codilication, And An Effective Oate.
lnquiries may be directed to the Office of ihe City Attorney at 305.673.7470.
INTEBESTED PARTIES are invited to appearatthis me€ting, or be represented
by an agent, or iq express their views in writing addressed to the City
Commission, do the Cily Clerk, 1700 Convention Center Drive, First Floor,
City Hall, Miami Beadr, Florida 3313S. A copy of this item is available for
public inspection during normal business hours in the Ofiice of the City Clerk,
1700 Convention Center Drive, First Ftoor, City Hall, Miami 8each. Florida
33139. This meeting or this item may be continued, and under such
circumstances, additional legal notice need not be provided,
Pursuant to Section 286.0105, Fla. Stat., the City hereby adviseBthe publicthat:
if a person decidesto appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing, sudr person
must ensurethat a verbatim reeord of the proceedings is made, whicfi record
includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the i*troduction or
admissicn of cther'wise inadmissible cr irrelevant evidence, nor dces it
authorize challenges or appeals not otherwise allowed by law.
To reguest this material in alternate format. sign language lnt€rpreter
{f ive-day notice required}, iniormation on access fer persons with disabilities,
ancl/or any accommcdation to review any docurflent or participare in any
City-sponsored proceedings, call 305.6S4.24$9 and select 1 for English or
2 for Spanish, then option 6; TTY users may call via 711 (Flarida Relay Service).
Bafael E. Granado, City Clerk
City of Miami Beach
Ad 1050
410
o@o
E
liEgilEEiiEiiElebEi .'5$ t i; 5f E EE EB
E*c E Hi I5I igi E;ii,c EeEgig IEE EE
ggrtEEEaiEitEi
EEEEtEiiIiEEEEE
EiEEEEEiEEEEii?a#*E gEE E!= E+; gs
ggEtHiEEEFEEE,EE
ffE$ lrE ;gue Eg;i eE
gErE E+e
giEe reE* eg
e*EE .5gB EiEE EEtE ;;-
-Egi*'EgiEElEgtEEEEE
;'i l2 0cF 9G
-Q >.E o
E E.:;r o-.:P.'='- 6{e;t
.:J r- o c
EE=E
P E'*5
o'-- ! L
o r6\EgL6<:69
;. q Y(,:<4a
i€s 5gEti
_>+gg
.g cs'5 E5Eo:$
BE€3H.= o 9.=E
s:eEE
s=!:-l*E;53Eb
EiE*t-
EB E f; 3.=-=r ^ rE5p eSEgltt<i iD€tqFigS:
{=aEgdc-.EbP>.93Et
t;E =iEE s8 E;€ -6 P.-85,8<E:J." 3d EP5--9:oi_!F.Y
E'E r r3
g?s"E;
:.E.E € *
EtfEiE E.o.o x
E*E?i
E>-gi-Eo--* H!
-J.o bd EP Pus IE o o.9 6'oE E5oc C .Y o :-
?5EE*E.: EP &<ocEi-9ePzEt-
-k6'E9.9E.E"aFE6E o o E oo:';5'==N v'< > diD: tr.= o o O
=<oocco
s E;i B;En gg €E E
*I+E-EEEEiEEEEifiriEtii
EE E5€ 955F x'?* ttt
iIEEEEEEIEiEEEE
;* $Eg $E*g ffs c$EbE ;;e '-i* Est :*Ei
itgtE-ggEEgEiigi
iEEgEEEgEfliiEEEE
;f; ?E'eE ;E*E E;# EEts?E .ETEf SfigE EE: EPE
3EEEEiEEEEEEEEiE
,EF E[Es ETE,g *B gEE
EEEIiE,EIiEEIE,fiES
lr)
oN
N
tr,
IJI
!o
=uJFo.
lJJ
ch
o(,
-zo0c
UI IJJO:E
=9<d
=f*u-eO
tru
bE
oz
llB
it
(l
II
Eo(..1
E
Po
=E.9E
c!
J
otu
=s
=
UIzrlF
n6N
dN
F
=(,
=
t
aq&
=-F
411
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading Of An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach,
Entitled "Environment," By Creating Article Vl, To Be Entitled" Expanded Polystyrene Sale And Use
Restrictions," To Provide Regulations For The Sale And Use Of Expanded Polystyrene Food Service
Articles, And To Provide For Enforcement, PenalTies, And Waivers For Financial Hardship;And Providing
For Repealer, Severability, Codification, And An Effective Date.
Enhance the Environmental Sustainability of the Community.
Supporting Data Environmental Scan, etc.): N/A
Item Summary/Recommendation:
SECOND READING - PUBLIC HEARING
The proposed Ordinance provides that no food service provider or store shall sell, use, offer for sale or
use, or provide food in expanded polystyrene food service articles. The Ordinance contains exemptions for
(1) expanded polystyrene food service articles used for prepackaged food that have been filled or sealed
prior to receipt by the food service provider or store, (2) expanded polystyrene food service articles used to
store raw meat, pork, fish, seafood, or poultry sold from a butcher case or similar refrigerated retail display
or storage case, and (3) not-for-profit corporations, religious organizations, the schooldistrict, and county,
state, and federal government entities.
The Ordinance provides for public education by the City from September 15,2015, to March 14,2016,1o
inform food service providers and stores of the provisions of the Ordinance and to provide assistance with
identifying alternatives to expanded polystyrene food service articles. Following the City's public education
efforts, the City shall provide for a six-month warning period from March 15, 2016 to September 14,2016,
during which time written warning shall be issued by the Code Compliance Department for violations of the
Ordinance, except as to coolers and ice chests, for which a 60 daywarning period is provided for through
and including November 13,2015.
Beginning November 14,2015, the Code Compliance Department shall start enforcing violations of this
Ordinance associated with ice chests and coolers. Starting on September 15, 2016, the enforcement and
penalty provisions of the Ordinance with regard to all other expanded polystyrene food service articles (in
addition to coolers and ice chests) shall take effect. The Ordinance imposes civilfines of $50.00 for a first
violation within a 12-month period, $100.00 for a second violation within a 12-month period, and $500.00
for a third or subsequent violation within a 12-month period. Once a notice of violation is issued, the named
violator may elect to pay the civil fine or request an administrative hearing before a special master. The
Ordinance also includes provisions for a financial hardship waiver that may be requested from the City
Manager under certain circumstances.
The Administration recommends that the City Commission adopt the proposed Polystyrene Sale and Use
Restrictions Ordinance on second readi
The Sustainability and Resiliency Committee unanimously passed this Ordinance with a positive
recommendation at their June 24,2015 meetino.
Financia! I nformation :
Source of
Funds:
Amount Account
,l
OBPI Total
AGENDA 'TEM 'q5
&E MIAMIBEACH D^TE q.J.IY412
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
SION MEMORANDUM
TO: Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 ING - PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 46 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..ENVIRONMENT,'' BY CREATING ARTICLE VI, TO BE ENTITLED
..EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS," TO
PROVIDE REGULATIONS FOR THE SALE AND USE OF EXPANDED
POLYSWRENE FOOD SERVICE ARTICLES, AND TO PROVIDE
FOR ENFORCEMENT, PENALTIES, AND WAIVERS FOR FINANCIAL
HARDSHIP; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the proposed Polystyrene Sale and
Use Restrictions Ordinance on Second Reading.
BACKGROUND
On May 6,2015, the Mayor and City Commission referred a discussion item regarding a citywide
prohibition of expanded polystyrene food service articles to the Sustainability and Resiliency
Committee (SRC). At the May 27,2015 meeting, the SRC passed a motion direction the Office of
the City Attorney to draft an ordinance to impose restrictions on the sale and use of expanded
polystyrenefoodservicearticles.Atthe June24,20l5meeting,theSRCunanimouslypassedthe
attached Ordinance with a favorable recommendation. On July 8, 2015, the Mayor and City
Commission passed the proposed ordinance on first reading.
PROPOSED ORDINANCE
The proposed Ordinance provides that no food service provider or store shall sell, use, offer for sale
or use, or provide food in expanded polystyrene food service articles. The Ordinance contains
exemptions for (1) expanded polystyrene food service articles used for prepackaged food that have
been filled or sealed prior to receipt by the food service provider or store, (2) expanded polystyrene
food service articles used to store raw meat, pork, fish, seafood, or poultry sold from a butcher case
or similar refrigerated retail display or storage case, and (3) not-for-profit corporations, religious
organizations, the school district, and county, state, and federal government entities.
413
Polystyrene Sale and Use Resfrictions Memo - Second Reading
September 2, 2015
Page 2 of 2
The Ordinance provides for public education by the City from September 15,2015, to March 14,
2016, to inform food service providers and stores of the provisions of the Ordinance and to provide
assistance with identifying alternatives to expanded polystyrene food service articles. Following the
City's public education efforts, the City shall provide for a six-month warning period from March 15,
2016 to September 14,2016, during which time written warning shall be issued by the Code
Compliance Department for violations of the Ordinance, except as to coolers and ice chests, for
which a 60 day warning period is provided for through and including November 13, 2015.
Beginning November 14,2015, the Code Compliance Department shall start enforcing violations of
this Ordinance associated with ice chests and coolers. Starting on September 15,2016, the
enforcement and penalty provisions of the Ordinance with regard to all other expanded polystyrene
food service articles (in addition to coolers and ice chests) shalltake effect. The Ordinance imposes
civil fines of $50.00 fora firstviolation within a 12-month period, $100.00 fora second violation
within a 12-month period, and $500.00 for a third or subsequent violation within a 12-month period.
Once a notice of violation is issued, the named violator may elect to pay the civil fine or request an
administrative hearing before a special master. The Ordinance also includes provisions for a
financial hardship waiver that may be requested from the City Manager under certain circumstances.
FIVE YEAR FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action.
The City of Miami Beach has over 1,000 food-related businesses that directly or indirectly provide
food take out services. During the initial educational six month period, City staff through the Division
of Resiliency and Sustainability as well as the Code Compliance Department, will coordinate to
educate the businesses as well as constituents regarding this new ordinance. However, after the
initial process, Code Compliance Department projects a minimum of three (3) FullTime Equivalents
(FTEs) Code Compliance Officers (CCOs) to respond to complaints and address violators
proactively. This is a very preliminary financial projection which will need to be revisited at the
conclusion of the first six (6) month educational period.
Three (3) FTE CCOs will cost approximate $240,000 in year one, with an annual cost of $155,500
following year one. Attachment B provides the fiscal projection associated with the three (3) FTE
CCOs.
CONCLUSION
The Administration recommends approving the Ordinance.
Attachment: A - Polystyrene Sale and Use Restrictions Ordinance
B - Fiscal Projections
MT/ESW/MKW
T:\AGENDA\201S\September\ENVIRONMENTAL\Polystyrene - MEM Second Reading.doc
414
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GIry GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"BY CREATING ARTICLE VI, TO BE ENTITLED "EXPANDED
POLYSWRENE SALE AND USE RESTRICTIONS," TO PROVIDE
REGULATIONS FOR THE SALE AND USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTIGLES, AND TO PROVIDE FOR
ENFORCEMENT, PENALTIES, AND WAIVERS FOR FINANGIAL
HARDSHIP; AND PROVIDING FOR REPEALER, SEVERABILITY,
GODIFICATION, AND AN EFFEGTIVE DATE.
WHEREAS, the City of Miami Beach ("City"), a world-renowned tourist destination,
declares that it is in the interest of the public health, safety, and welfare of its residents and
visitors to reduce litter and pollutants on the lands and in the waters of the City, and along its
shores and famous beaches; and
WHEREAS, the City is comprised of a number of islands with approximately 70 miles of
shoreline along numerous canals and waterways, the Atlantic Ocean, and Biscayne Bay Aquatic
Preserve, all of which support a wide variety of flora and fauna; and
WHEREAS, the waters surrounding the City support threatened and endangered
species such as the West lndian manatee and Johnson's seagrass; and
WHEREAS, the City's beaches are a designated nesting habitat for the protected
loggerhead, green, and leatherback sea turtles, and support shorebird species, including royal
terns and seagulls; and
WHEREAS, the City's waters also act as nurseries and habitats for migratory birds,
including brown pelicans and ospreys, and for commercially and recreationally important fish,
such as snapper, sailfish, and mahi-mahi; and
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
killing them; and
WHEREAS, due to the physical properties of expanded polystyrene, the EPA states
"that such materials can also have serious impacts on human health, wildlife, the aquatic
environment, and the economy"; and
WHEREAS, disposable expanded polystyrene food service articles such as cups, plates,
coolers, ice chests, and food containers contribute to litter in the City's streets, parks, public
places, and waterways, and on the City's beaches; and
415
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable, or compostable alternatives within the City; and
WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content
paper food service articles and other fiber-based food service articles as the most
environmentally preferable alternatives to single-use, disposable food service articles when the
use of reusable food ware is not feasible; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City of Miami Beach, by virtue of this Ordinance, will prohibit the sale and use of
expanded polystyrene food service articles by certain food service providers and retail stores;
and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article Vl of Chapter 46 of the Code of the City Miami Beach is hereby
created as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE Vl. Expanded Polvstvrene Sale and Use Restrictions
Sec. 46-205. Definitions.
The followino words. terms, and phrases. when used in this article. shall have the meaninqs
ascribed to them in this section. except where the context clearlv indicates a different meaninq:
Charn food seryice provrder means five or more food service providers located within the
citv that (a) conduct business under the same business name or (b) operate under
common ownership or manaqement or pursuant to a franchise aqreement with the same
franchisor.
Charn sfore means five or more stores located within the citv that (a) conduct business
under the same business name or (b) operate under common ownership or
manaoement or pursuant to a franchise aqreement with the same franchisor.
Code complrance officer means a code inspector as defined in section 30-3 of the Citv
Code and. for purposes of this article, shall include. without limitation, a police officer.
Expanded polysfvrene means blown polvstvrene and expanded and extruded foams that
are thermoplastic petrochemical materials utilizinq a stvrene monomer and processed bv
anv number of techniques includino, but not limited to. fusion of polvmer spheres
(expandable bead foam). iniection moldinq, foam moldinq. and extrusion-blown moldinq
(extruded foam polvstvrene).
416
Expanded polysfyrene food service arficles means plates. bowls, cups, containers. lids,
travs. coolers. ice chests. and all similar articles that consist of expanded polvstvrene.
Food seryice provrder means a person or entitv that provides food directlv to the
consumer, reqardless of whether such food is provided free of charge or sold. or
whether consumption occurs on or off of a premises. or whether the food is provided
from a pushcart. stand, or vehicle. Food service providers shall include. but are not
limited to. chain food service providers. restaurants, fast food restaurants. cafes.
sidewalk cafes, delicatessens. coffee shops, orocery stores. markets, supermarkets.
druq stores. pharmacies. bakeries. caterers, oas stations, vending trucks or carts. and
cafeterias.
Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at least 80
percent stvrene or para-methvlstvrene bv weioht.
Sfore means a retail or wholesale establishment other than a food service provider.
Section 46-206. Prohibitions regardinq the sale or use of expanded polvstvrene food
service articles bv food service providers and stores: exemptions.
Food service providers and stores shall not sell, use. offer for sale or use. or provide food in
expanded oolvstvrene food service articles. This article shall not applv to
(e) expanded polvstvrene food service articles used for prepackaoed food that have been
filled and sealed prior to receipt bv the food service provider or store:
(b) expanded polvstvrene food service articles used to store raw meat. pork. fish, seafood.
or poultrv sold from a butcher case or similar refrioerated retail displav or storaoe case:
and
(g) not-for-profit corporations. the school district, and countv, state, and federal
qovernmental entities.
Section 46-207. Enforcement: penalties.
(a) Beqinninq September 15.2015,
flf the Citv shall enqaoe in public education efforts to inform food service providers
and stores of the provisions of this article and to provide assistance with
identifvins alternatives to expanded polvstvrene food service articles.
(4 the Citv shall provide for a sixtv (60) dav warninq period throuqh and includino
November 13,2015, durinq which the code compliance department shall issue
written warninqs for violations of the prohibitions in section 46-206 as to the
followinq expanded polvstvrene food service articles: coolers and ice chests.
(b) Beqinninq November 14. 2015. the code compliance department shall enforce the
provisions in this article as to the followinq expanded polvstvrene food service articles:
ice chests and coolers.
417
(q) Beoinninq March 15,2016, and except as othen/ise provided in subsections (aX2) and
(b), the Citv shall provide for a six (6) month warninq period throush and includino
September 15.2016 durino which the code compliance department shall issue written
warninqs for violations of this article.
(gD Beqinninq September 15, 2016. the code compliance department shall enforce the
provisions in this article in addition to the orovisions alreadv enforced pursuant to
subsection (b).
(s) lf a code compliance officer finds a violation of this article. except as othenvise provided
durinq the warninq periods in subsections (aX2) and (c). the code compliance officer
shall issue a notice of violation. The notice shall inform the violator of the nature of the
violation, amount of fine for which the violator is liable. instructions and due date for
pavinq the fine. that the violation mav be appealed bv requestino an administrative
hearino before a special master within ten (10) davs after service of the notice of
violation, and that the failure to appeal the violation within ten (10) davs of service shall
constitute an admission of the violation and a waiver of the rioht to a hearino.
(fl A violator who has been served with a notice of violation must elect to either
fl) pav the followino civil fine:
(a) First violation within a 12-month period..............................$ 50.00:
(B) Second violation within a 12-month period........................ $100.00:
(g) Third or subsequent violation within a 12-month period... .$500.00:
or
(!) request an administrative hearinq before a special master to appeal the notice of
violation. which must be requested within ten (10) davs of the service of the
notice of violation. The procedures for appeal bv administrative hearino of the
notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code.
Applications for hearinqs must be accompanied bv a fee as approved bv a
resolution of the citv commission, which shall be refunded if the named violator
prevails in the appeal.
(g) Failure to pav the civil fine. or to timelv request an administrative hearino before a
special master. shall constitute a waiver of the violator's riqht to an administrative
hearinq before the special master, and shall be treated as an admission of the violation.
for which fines and penalties shall be assessed accordinqlv.
(h) A certified copv of an order imposino a fine mav be recorded in the public records. and
thereafter shall constitute a lien upon anv real or personal propertv owned bv the
violator, which mav be enforced in the same manner as a court iudqment bv the sheriffs
of this state. includino lew aqainst the violator's real or personal propertv. but shall not
be deemed to be a court iudoment except for enforcement purposes. After three months
followinq the recordino of anv such lien that remains unpaid, the Citv mav foreclose or
otherwise execute upon the lien for the amount of the lien plus accrued interest.
418
(j) The special master shall be prohibited from hearinq the merits of the notice of violation
or considering the timeliness of a request for an administrative hearinq if the violator has
failed to request an administrative hearing within ten (10) davs of the service of the
notice of violation. The special master shall not have discretion to alter the penalties
prescribed in this article. Anv partv aqorieved bv a decision of a special master mav
appeal that decision to a court of competent iurisdiction.
Section 46-208. Financial hardship waiver.
Anv food service provider or store that reported an annual qross income under $500,000 per
location on its income tax filins for the most recent tax vear. and that is not a chain food service
provider or chain store. mav request from the citv manaqer. in a manner and form established
bv the citv manaqer, a financial hardship waiver of the requirements of this article. The financial
hardship waiver request mav applv to one or more expanded polvstvrene food service articles
sold. used, or offered for sale or use bv anv such food service provider or store. The Citv
Manaqer mav qrant a waiver if the food service provider or store proves the followinq:
(a) there is no comparable alternative product not composed of expanded polvstvrene that
would cost the same as or less than the expanded polvstvrene food service article. and
(b) the purchase or use of an alternative product not composed of expanded polvstvrene
would create an undue financial hardship.
Such financial hardship waiver shall be valid for twelve months and mav be renewable upon
application to the citv manaoer. lf an administrative hearinq is requested pursuant to section 46-
207(fl(2). a pendinq financial hardship waiver request shall be orounds for a continuance of the
administrative hearino, but onlv if the notice of violation was issued after the submittal of the
financial hardship waiver request.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
419
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the day of 2015.
PASSED AND ADOPTED this
ATTEST:
day of.2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+rike+tcr€ugh denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
{.1[5
Dote
F:\ATTO\TURN\ORDINANC\Polystyrene Sale and Use Restrictions 201 5 (1st Readang 7-8-15).docx
420
Attachment B
Three (3) Code Compliance Officer(s) - Year 1
Salary (1)
Medicare (1)
Health Contribution (1 )
Overtime (1)
Uniforms (1)
FlcA (1)
Allowances
Vehicle
Workmen's Com pensation
Computers and Monitors
Subtotal
Total (3 officersl
Rounded up:
Three (3) Code Compliance Officer(s) - Years 2-5
Salary (1)
Medicare (1)
Health Contribution (1 )
Overtime (1)
Uniforms (1)
FrcA (1)
Allowances
Workmen's Compensation
Subtotal
Total (3 officers)
$43,032.08
$623.97
$5,000.00
$2,400.00
$600.00
$53.00
$35.00
$21,000.00
$18.00
$7,000.00
$ 79,762.05
$239,286.15
$240,000.00
$43,032.08
$623.97
$5,000.00
$2,400.00
$600.00
$53.00
$3s.00
$18.00
$ 51,762.05
$155,286.15
421
o(oo
!,
*cSssH E€E €T
rtu aiE ;iE E; E*rE:4: :sg Er Bc o G >:! o o v G c i5 -
3ig EiI igE :t €+
;E$E*i pEE [E E=:=9 oEo ,!2E;
sE$qEE EEE t"e Ea;E';#.BE 8EE +East 9:9 .>sl'; sE
EEEaEi EE# A€
*EE EgE EEE EH
E;I:*E .EeH E;
€Ei ari gt= ;-H
;i$ *Ee Eaa 'E;
EXE a5E i HE ;*
=tIE :I g ;€: rs
+tfi Bgf IE; IE
I.i.i 53€ E€E EE
EE# E3,g t€E .e s
EaI aIq rli EEx,I;3*-t ;-sE ba;6€ E€-- .U!fi Et6i.E as5 i:h HA
a?qEEf eE;, cto o.! .9_-!- E !, E: c.=I3E iIE raEe'H'-
iEB HgtE EE;E EE
EEairEE$grEig
f,Eq Ei Ei gEtE
E if+r #f;E s Et Ei .E Ee
IH{ EE!; f;{i I EgE
:E€E EEf,E EEEH gi$
E?EE EEEt sEiE i;E
EE-'o{ b'E P,=uErE
=EEg>oo@ -.'EoQ( 9=-b€.EN htoic! d
Eg?<oo
i?.[o Xdo a'oo or
9€ s
P oEif e
.e gi^
,=E >
=
L--ooY,r E*-c E3:3
E g{
tE(:!
6bBF
9 F eR'= 'ts .9 t'l
$iHErdPI
E sg iu?9';.; 6 b'j@ tr O:--; t <'!.
Eae *
O 3 P.EEiEtPz 9riXgrEi
iEgGe#* rEr E ts
BE5 Eco'= z's
,- EE CEu Hu+$3€
*@ e ooo Eia35EisEeEESFIt-- oE q
= c -{
EEg F.qE9;
#;='ior- c cE 92 o-E EN d
E,A*E
<v> Ye*9E
. Ep-;#Ftr.You
fiSEfr:P€r-s.€
fuEiEEiEBEEEEiEEiE
U'(,
-2,!-(JG
IrJ UJOE
=9<65f
5g
EHoz
llilfi
llll€ililkI
uIIzlrrl-l;t6lNl
RlFI
=l(,lll<l
?lol6lEi
=i-lFI
Uz
eoqE
6
o-
E
.9
=
ttJ
&r
=s
=
422
THIS PAGE INTENTIONALLY LEFT BLANK
423
COMMISSION ITEM SUMMARY
AGE]NDA ITEild R5 H
Gondensed Title:
An Ordinance amending Chapter 18, entitled "Businesses," by amending Article Vlll, entitled "Parking Lot,"
by amending Division l, entitled "Generally," by amending Section 18-310, entitled, "Requirements for
lssuance of License"; Section 18-312, entitled, "Operation of Service,"; Section 18-313, entitled, "Special
Event Permit,"; Section 18-314, entitled, "Enforcement, Fine Schedule, and Right of Appeal,"; Section 18-
315, entitled, "Compliance Date,"; Division 2, entitled, "Valet Parking Permits for Use of Public Property," by
amending Section 18-336, entitled, "Separate Permit Required,"; Section 18-337, entitled, "Requirements,";
Section 18-340, entitled, "Private Storage of Valet Vehicles,"; Section 18-341, entitled, "Employees and
Valet Operators Code of Conduct,"; Section 18-342, entitled, "Operation of Service,"; Section 18-343,
entitled, "Exceptions,", Section 18-344, entitled, "Enforcement; Fine Schedule; Right of Appeal,"; and further
amending Division 3, entitled, "Rentals," by amending section 18-361, entitled, "Rental and Operation of
Municipal Parking Spaces,"; and Section 18-362, entitled, "Rental of Additional Parking for Storage of
Vehicles,"; providing for Codification, Repealer, Severability, and an Effective date. [Sponsored by
Commissioner Michael
Key lntended Outcome Supported:
Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular and lncludino Parkino).
Supporting Data (Surveys, Environmental Scan, etc.l:74o/, of residents and 72o/o of businesses rate the
availability of parking across the City as too little or much too little. Availability of parking was one of the
residents identified to Make Miami Beach better to live. work or olav.
Item Summary/Recommendation :
On July 8, 2015, the City Commission held the first reading of this ordinance and directed the
Administration to include the following amendments: Each valet ramp will be composed of no less than two
(2) and no more than four (4) spaces with the ramp size to be determined at the discretion of the Parking
Director; Public spaces or property cannot be used for storage of valet vehicles, including metered or
residential parking spaces; lnclude medical services, such as rehabilitation facilities, as land uses where
valet parking is permissible; Assignment of a valet parking ramp must be approved by the City Manager
event though permits are assigned for a one year period; Enhanced fines schedules; and Fines and
penalties are also applicable to commercial entities contracting valet parking service. The City Commission
provided guidance to the Parking Director to remain consistent with the intent of the ordinance regarding
new valet-parking permit applications that may occur between 1"tand 2nd reading of the ordinance. The
Parking Department held meetings with the valet parking industry between first and second reading to
discuss the proposed amendments and seek input and comment. As a result, the following provisions have
been included: (1) circumstances where hotel valet parking service is discontinued and no other valet
operator on the block has 24 hour vehicle storage, affected hotel may contract a valet operator with 24 hour
valet vehicle storage; (2) proposed penalties and enforcement; fine schedule, and right of appeal are
prospective, if approved; and (3) authorized vehicle storage locations with distances greater than 2,500 feet
shall be approved by the City Manager. Additionally, valet parking operators suggested a provision of
reducing ramps on Ocean Drive to one per block, be excluded. Upon further review, since consolidation of
valet parking ramps is not as impactful on local roads such as Ocean Drive, the request to exclude and
continue to allow multiple valet parking ramps on Ocean Drive between Sth Street and 1Sth Street (west side
only) seems appropriate. The Administration recommends the City Gommission approve the
Ordinance on second and final public
On May 20,2015, the FCWPC endorsed the amendments and on May 29,2015, the NCAC endorsed the
amendments. On June 1, 2015, the Transportation, Parking & Bicycle-Pedestrian Facilities Committee
Financial lnformation :
Source of
Funds:
Amount Account
1tt2
OBPI Total
Financial lmpact Summary: No fiscal impact is anticipated. Please refer to the Commission Memorandum
for details.
# MIAnAIBHACH BA n ?-z-(s424
1915.2015
MIAMIBEACH
City of Miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morales, City Manag ., ft/p
DATE: September 2,2015 SECONDANDFINALPUBLICHEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND GITY GOMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH
ctTY coDE, ENTTTLED "BUSINESSES," BY AMENDTNG ARTTCLE Vl!t,
ENTTTLED "PARKING LOT," BY AMENDTNG DIVISION t, ENTTTLED
"GENERALLY," BY AMENDTNG SECTTON 18-31 1, ENTITLED, "EMPLOYEES
AND VALET OPERATORS CODE OF CONDUGT,"; SECTION 18-312,
ENTITLED, "OPERATION OF SERVIGE,"; SECTION 18-313, ENTITLED,
"SPECIAL EVENT PERMIT,"; SECTION 18-314,ENTITLED, "ENFORCEMENT,
FINE SCHEDULE, AND RIGHT OF APPEAL,"; SEGTION 18-315, ENTITLED,
"COMPLIANCE DATE,"; DIVISION 2, ENTITLED, "VALET PARKING PERMITS
FOR USE OF PUBLIC PROPERTY," BY AMENDING SECTION 18.336,
ENTITLED, "SEPARATE PERMIT REQUIRED,"; SECTION 18-337, ENTITLED,
"REQUIREMENTS,"; SECTION 18-340, ENTITLED, "PRIVATE STORAGE OF
VALET VEHICLES,"; SECTION 18-341, ENTITLED, "EMPLOYEES AND VALET
OPERATORS CODE OF GONDUCT,"; SECTION 18-342, ENTITLED,
"OPERATION OF SERVICE,"; SECTION 18-343, ENTITLED, "EXCEPTIONS,";
SECTION 18-344, ENTITLED, "ENFORCEMENT; FINE SCHEDULE; RIGHT OF
APPEAL,"; AND FURTHER AMENDING DIVISION 3, ENTITLED, "RENTALS,"
BYAMENDING SECTION 18.361, ENTITLED, "RENTALAND OPERATION OF
MUNICIPAL PARKING SPACES,"; AND SECTION 18-362, ENTITLED,.,RENTAL OF ADDITIONAL PARKING FOR STORAGE OF VEHICLES,'';
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE. [Sponsored by Commissioner Michae! Grieco]
ADMINISTRATION REGOMMEN DATION
The Administration recommends the City Commission take the following actions: 1) accept
the recommendation of the Finance and Citywide Projects Committee (FCWPC) on May20,
2015 and Neighborhoods and Community Affairs Committee (NCAC) on May 29,2015;
accept the amendments discussed at First Reading of the ordinance on July 8, 2015,
(outlined below); and 2) approve the attached Ordinance on second and finalpublic hearing.
First Reading - July 8, 2015
On July 8, 2015, the Mayor and Commission held the first reading of this proposed
ordinance and directed the Administration to include the following amendments:
. Each valet parking ramp will be composed of no less than two (2) and no more than
425
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 2 of 7
four (4) spaces with the ramp size to be determined at the discretion of the Parking
Director;. Public spaces or property cannot be used for storage of valet vehicles, including
metered or residential parking spaces;o lnclude medical services, such as rehabilitation facilities, as land uses where valet
parking is permissible;
. Assignment of a valet parking ramp must be approved by the City Manager event
though permits are assigned for a one year period
. Enhanced fines schedules; ando Fines and penalties are also applicable to commercial entities contracting valet
parking service.
The Mayor and Commission also provided guidance to the Parking Director to remain
consistent with the intent of the ordinance regarding new valet parking permit applications
that may occur between first and second reading of the ordinance as well as the ten (10)
period between ordinance passage (if approved) and the effective date.
Updates between First and Second Reading
Lastly, the Parking Department held multiple meetings with the valet parking industry
between first and second reading to discuss the proposed amendments as well as seek
input and comment. As a result, the following recommendations are included to address
requirements, continuity of valet parking service for hotels and prospective application of the
proposed penatlies, and enforcement fine schedule.
. ln circumstances where hotel valet parking service is discontinued and no othervalet
operator on the block has 24hour vehicle storage, the affected hotel may contract a
valet operator with 24 hour valet vehicle storage.. The proposed penalties and enforcement; fine schedule, and right of appeal are
prospective; therefore, all graduating valet fines are reset at zero, upon the effective
date of the ordinance, if approved.o Authorized vehicle storage locations shall be a distance of no more than 2,500 feet
from the ramp to the vehicle storage location and distances greater than 2,500 feet
shall be approved by the City Manager.
The aforementioned suggested enhancements are deemed appropriate for continuity of
valet service for hotels as 24 hour storage is clearly necessary. ln the event of at least one
of the existing valet parking operators on the block having24hour storage, the reduction of
the hotel valet parking ramp shall be applicable; the application of the enforcement provision
of the ordinance is prospective;
Additionally, the consolidation of multiple valet parking ramps per block to one (1)valet
parking ramp, consisting of no less than two (2) spaces and no more than four (4) spaces,
through attrition sets the City on the path to reduced traffic congestion on major
thoroughfares.
However, in regards to Ocean Drive, valet parking operators suggested the provision of
reducing ramps on Ocean Drive to one per block, be excluded from the ordinance. Upon
further review, Ocean Drive between Sth Street and 1sth Street is a unique local road with
little impact on collector or arterial roadways. Because consolidation of valet parking ramps
is not as impactful on local roads, the request to exclude and continue to allow multiple valet
parking ramps on Ocean Drive between Sth Street and 1sth Street (west side only) seems
426
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 3 of 7
appropriate.
BAGKGROUND
On March 11,2015, the Mayor and City Commission discussed ltem R9S, entitled, "Discuss
Valet Parking" placed on the agenda by Commissioner Grieco for discussion. This
discussion resulted in direction to the Administration to provide recommendations to address
valet parking activities on public right-of-way, with an emphasis on the following objectives:
. Reduce traffic congestion of major thoroughfares.
e Strengthen regulations and compliance.. Maintain a competitive environment.
The item was referred to both the Finance and Citywide Projects Committee (FCWPC) and
Neighborhoods and Community Affairs Committee (NCAC) for further discussion.
COMMISSION GOMMITTEE RECOMMENDATIONS
On May 20,2015, the Finance and Citywide Projects Committee (FCWPC) endorsed the
proposed valet parking amendments to the City Code, including direction to not allow
commercial valet parking ramps to intrude into residential neighborhoods.
On May 29,2015, the Neighborhoods and CommunityAffairs Committee (NCAC) endorsed
the proposed valet parking amendments to the City Code, as proposed.
ANALYSIS
The Parking Department researched 12 other jurisdictions nationally that permit, regulate,
and enforce use of ROW (right-of-way) for valet parking ramping (passenger loading)
purposes. Notwithstanding the above, the following are two (2) threshold policy issues for
your consideration:
. All existing valet parking locations (permits) could be "grandfathered" and would
cease through attrition. City blocks currently without valet parking service would be
granted one (1) "new" service per block. The following are advantages to this
approach:
,/ Grandfathering of existing locations allows all operators, small and large,
continuity of operation.,/ Reduces traffic congestion related to having multiple valet parking ramps on
each city block../ Competition continues to thrive as valet parking permitting is triggered
whenever the establishment contracting for valet parking service undergoes:
o change in ownership;
o change in use; and
o change in valet parking operator,/ Eases transition from multiple valet parking ramps to one valet parking ramp
per block.,/ lncreases curbside parking availability.
o Limit types of land uses granted valet parking service (i.e. hotel, restaurant, office
building, and nightclub).
427
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 4 of 7
,/ Ensures valet parking service/ramps at establishments with legitimate need
(addresses application loopholes for "hardware store", "body shop", etc.)
,/ Reduces traffic congestion by having one valet parking ramp serving all
businesses on each block.
,/ Further supports increases to curbside parking availability to public.
Below is a summary of recommended amendments to the City Code and their related
benefits regarding regulating valet parking operation.
r Enhanced criteria for permit approval by requiring a valet parking operational plan.
,/ Traffic Operations Analysis (approved by profession engineer)../ Set maximum distance between ramp and vehicle storage location to
decrease travel time which is a contributor to traffic congestion../ Approval of staffing levelslschedule of valet parking service operational
hours for the establishment, including valet runners; supervisors, and
managers.,/ May require an off-duty police officer, as determined by the Chief of Police,
for traffic control and/or mitigate traffic congestion.
/ Determine whether the proposed valet parking service will have a beneficial
effect on vehicular and pedestrian safety../ Standardize valet parking street furniture; including signs, stands, and key
boxes; establishes consistency in aesthetics.
. Storage of vehicles on private parking lots which are properly permitted and zoned
as parking lots and have sufficient vehicle storage capacity, as determined by the
Planning Director.
,/ A ratio of parking spaces for vehicle storage by land use type, as
determined by the Planning Director would regulate capacity and usage.
. Strengthening of regulations.
,/ Each ramp would be composed of two (2) parking spaces. ln no instance
shall there be more than one (1) valet ramp per block and no more than
four (4) parking spaces (two parking spaces per block side) be permitted.
ln such case, new requests for valet parking service shall only be granted
through attrition of existing service on the block.,/ Ramping shall only take place in the space(s) provided for ramping../ Double parking or obstruction of a traffic lane is strictly prohibited.
,/ At least 300 linear feet must separate valet parking ramps.,/ Should not be allowed where on-street public parking does not exist, or
where establishing a valet parking ramp will otherwise interfere with traffic
lanes or bike lanes.
,/ Shall be allowed only in the curb lane of the street../ Shall not be allowed in an area in which parking is already regulated forother
uses (restricted or prohibited).
428
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 5of7
,/ Shall not reduce the unobstructed space for the passage of pedestrians to
less than four feet unless a greater distance is required by the City's Public
Works Department.
All design standards for all street furniture including signs, stands, and key boxes
shall be determined by the Planning Director. At a minimum, the following shall be
applicable:
,/ Be constructed of durable material that will withstand the year-round impact
of the weather and must be maintained in good taste and in good condition
at alltimes.
./ Be sufficiently weighted and constructed to withstand strong winds. Not
exceed twenty four (24) inches in width and forty eight (48) inches in height
(including base, holder, frames, etc.) measured from the sidewalk surface.
,/ Be placed on the sidewalk no more than one half (112) hour before the valet
parking service opens and must be removed no later than one half (1/2) hour
after the close of valet parking service.
,/ Be positioned on the sidewalk and/or tree lawn outside the travel lanes, bike
lanes and parking lanes to allow a minimum four (4) foot clearance for
pedestrian traffic.
,/ Be freestanding and may not be affixed to any street fixtures including, but
not limited to trees, meters, lampposts, grates, bike racks, decorative
benches, news boxes, etc. in any manner. Signs shall not be electrified in
any way, be lighted in any way, or have any moving components.
,/ lnclude only the name and logo of the Permittee's business, the words "Valet
Parking", the rate charged for the service and the hours of operation.
,/ Be approved by the Planning Department following review with appropriate
business.
,/ Display the following information: name of valet parking operator, address
and 24 hour contact number; valet parking fee schedule; and hours of
operation.
. Enforcement and fine schedules.
lllegal ramping. lllegal use of public right-of-way for the purpose of
accepting or delivering a vehicle.
:-"
Violations:]First Offense: Warning
I
ItI-]SeCono orense:,$5oo.oo
I
i, ,",",:
iThird
offense:
,1
jFourth offense:
a
i
$1,000
$2,000 and ten (10) day suspension of
ramping privileges. Notice of suspension to
establishment via certified mail or hand
429
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 6 of 7
lFifth offense
!subsequent
ioffense:
i
,
I
,/ No name tag:,/ No uniform:./ No valid Florida driver's license:
delivery.
orisuspension and mandatory referral tot
rspecial master
i
lllegal storage. lllegal storage of vehicle(s) in public facilities and/or public
right-of-way or in unauthorized private storage location(s) as provided in
permit (occupational license).
' ,offense: ' ,
, ioffense: i*:irriio
$2,soo ano ten (to) day susilLnsjon ot rimping
loffense: privileges. Notice of suspension to establishment
i ivia certified mail or hand delivery.
irourtr 'Suspension and mindatory referiit to speCiat.
.offense: master. ,
Operation without valet permit:$1 ,000 per offense/per day.
Solicitation of valet parking service on any portion of the City's rightof way:
$1,000 per offense.
Penalty for lapse in required insurance coverage (from date of lapse):
$500.00 per offense/per day.
$100.00 per offense.
$100.00 per offense.
$500.00 per offense and
immediate removal of the employee from the valet operation.
Non-compliance with valet employee /rsf: $100.00 per day.
Special master review.ln addition to the factors set forth in subsection 30-
74(e), the special master may consider, inter alia, the following factors
when determining the amount of the fine:
originated (specific location).
location is operational).
time of the violation.
Failure to comply with any provision of the approved Valet Parking
Operational Plan, including staffing and storage spaces/locatiotts:
$1,000 per offense.
Solicitation for valet parking seryice on any portion of the right-of-way,
including sidewalks, parking space, or roadway: $1,000 per offense.
Valet Parking Sfreef Furniture violations: $1,000 per offense.
430
September 2, 2015 City Commission Memorandum
Valet Parking Amendments to the City Code - Second and Final Public Hearing
Page 7 of 7
FISCAL IMPACT
Revenues lost by the reduction of valet parking space rentals on certain blocks will be offset
by revenue generated by valet parking space rentals on blocks that currently have no
existing service. Valet parking fine revenue is anticipated to increase initially and eventually
level off as a result of compliance. Therefore, no fiscal impact is anticipated.
CONCLUS!ON
ln conclusion, the Administration recommends the City Commission take the following
actions: 1) accept the recommendation of the Finance and Citywide Projects Committee
(FCWPC) on May 20,2015 and Neighborhoods and CommunityAffairs Committee (NCAC)
on May 29,2015; accept the amendments discussed at First Reading of the ordinance on
July 8, 2015, (outlined below); approve an exception to Ocean Drive and continue to allow
multiple valet parking ramps on Ocean Drive between Sth Street and 15th Street (west side
only); and (2) approve the attached Ordinance on second and final public hearing.
L4
JLMIKGB/W
T:\AGENDA\201S\September\PARKlNGWaletParkingSecondReadingSeptembe1220l5 mem.doc
431
EEitEitfEE$iEfEEEgEEEFEiEii€EE+fEEgu*iiEgEE
lgliigigElgglItlgliirliIilsliilllElisEilllis
E
oo
0!
oo
@
o
E
o
6
o
o
o!
g
oo
q
6
o
Eo
=
o
E
o
o
o
oN
N
o!
o
oo
co
o!
otr
ooE
tr
.g
o
.2
o
o
coo
co
c
coooor
j
oI
ia
ootr
!.:
o!
E
oco,6
.9
E
E
(J
@E
.c
o
'=o
L
s--'
Go6
E
.o
=o
:--
oE
o
oc
,6
.9
E
Eoo
t
C
G
o
o
oE
!
!6
og
';
oc
oo-
=!
=
o
C,;
o
oc
o
co
.2o
lllu
u
9,
@(,
ZEro
$qe)
=uJ-od=
uH
ul lll
Cl(,)
tro
I
lllfix
o
IIJ
rn
s
=IIo
Fo
UIz:
=N
dN
F
=
f
t
oq
&,f-
UZ
rl
rl
II
EoI
E
a-t
.6
=
aJ
d,q
=sE
432
ORDINANCE TO BE SUBMITTED
433
r.-..-.
I-.-
OFFICE OF THE C Y ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY
TO:Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
FROM:
DATE:
SUBJECT:
Raut J. Aguita, City Attorn"$,^O-0s;\-
September 2,2015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED..CITY COMMISSION,'' BY AMENDING SECTION 2.12,
ENTITLED "MEETING AGENDAS," BY AMENDING THE
REQUIREMENTS AND PROCEDURES RELATING TO CITY
COMMISSION MEETINGS AND AGENDAS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
The attached Ordinance is sponsored by Commissioner Michael Grieco and is
submitted for consideration by the Mayor and City Commission at the Public Hearing on
Second Reading.
The Ordinance amends Section 2-12 of the City Code concerning City
Commission meetings and agendas in order to foster greater efficiency with regard to
conducting City business at Commission meetings. The Ordinance adds a new Section
2-12(d)(5) to provide that if an ordinance fails pursuant to a vote on first or second
reading, or if an ordinance fails to receive a second on a motion for passage or adoption
on first or second reading, an ordinance based on the same proposal shall not be
placed on another Commission agenda for a three (3) month period. The exceptions to
the minimum three (3) month period are:
1) wavier of the three (3) month period by a 6t7th Commission vote,
2) a vote to reconsider an ordinance pursuant to Robert's Rules of Order, and
3) where a longer time period is required under the City Code for the consideration
of a previously proposed ordinance, the longer time period shall control.
Agenda ltem RSI
Date-q+-t{434
This Ordinance establishes additional best practices with regard to City Commission
meetings, therefore no fiscal impact is expected.
F:\ATTO\TURN\COMMMEMO\Chapter 2 City Comm Meetings and Agendas [Grieco 9-2-15 Second Reading].docx
435
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE C!ry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE CODE OF THE CIry OF MIAMI BEACH, ENTITLED..ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED.,CITY COMMISSION," BY AMENDING SECTION 2-12,
ENTITLED "MEETING AGENDAS," BY AMENDING THE
REQUIREMENTS AND PROCEDURES RELATING TO CITY
COMMISSION MEETINGS AND AGENDAS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, in order to foster greater efficiency with regard to the conducting of
City business at City Commission meetings, the amendments set forth in this Ordinance
should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTIONl. ThatSection2-l2ofArticlell of Chapter2oftheCodeof theCityof Miami
Beach, Florida, is hereby amended as follows:
CHAPTER 2
ADMINISTRATTON
ARTICLE II. CIry COMMISSION
Sec. 2-12. Meeting procedures and agendas.
(a) Statement of legislative intent: Consistent with the City of Miami Beach
Charter, this section will help uphold the principles of separation of powers and checks
and balances. lt will also lend to improving transparency in government.
(d)Agenda items.
(1) ltem details. ltems published in a city commission meeting agenda
shall include sufficient detail and information for the city
commission and the public to evaluate the items in a reasonable
and timely manner.
(2) Time ceftains. Except for the setting of time certains for public
hearings as required by law, the mayor shall be authorized to set
time certains for all matters to be discussed or considered on a city
commission agenda. The mayor may consider and set a time
certain based upon the request of a city commissioner, the city
administration, or a member of the public if such request is made
prior to the commission meeting.
436
(3) Defened items. !f an agenda item that is not set as a time certain
for a public hearing is not reached during a city commission
meeting, and the city commission does not specifically defer the
item, the item shall be deemed to be deferred:
(a) to the next regularly scheduled commission meeting if the item
was on a regular commission meeting agenda; or
(b) to the next regularly scheduled presentations and awards
meeting if the item was on a presentations and awards meeting
agenda.
(4) Time certain Public Hearing ltems. lf a time certain public hearing
agenda item is to be reset to another commission meeting agenda,
the public hearing must either be: a) specifically opened and
continued to another commission meeting date and time certain; or
b) re-advertised for another commission meeting date and time
certain.
(O Previously oroposed ordinances; excepfions. should an ordinance
fail on first or second readinq due to the lack of the requisite vote
for oassaqe or adoption, or should an ordinance fail to receive a
seconO on a motion ru
readjolL_?n_edinance based on the same proposal shall not be
the th
Commission vote. This subsection shall not
(a) prevent a reconsideration vote pursuant to subsection (f) hereof:
or
(b) permit the earlier consideration of a previouslv submitted
ordinance if not otherwise permitted in this code. ln such event,
the citv code provision with the more strinqent time period for
the consideration of a previously proposed ordinance shail
control.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
437
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
Ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of ,2015.
PASSED AND ADOPTED this day of ,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
S+i*e+nreugh denotes d eletio ns
DqublclJodedjne denotes additions at First Reading
(Sponsored by Commissioner Michael Grieco)
APPROVED AS TO
rONU & IANGUAGE
& FOR EXECUTIoN*{-C.,L ?gg
Wf Dote
F:\ATTO\TURI{ORDINANC\Chapter 2 City Comm Meetings and Agendas [Grieco - lst Reading 7-8-15][amended].docx
438
agtggEIEEEESEEEHEEEiEiEii
iggagttiEtiEEaEEEtitiiliEe;a Elgt;Ert i E:iHs;ii iEI E;=uT
EEgEEEEEEEiEEiiiiiEEEEEErq[ E{!E€4fE ; :gEEEE:B Eae E:
EEEEEigEEE{IiEiEii[EfilEE?$
-EIEgrEIEEIliiga;EiigEiiilt
x pE; EEEE€Eg;s * E::lE:iI €IE E3
E cgi EgtctfliEI i EEEIg fiE ili, EE
t eEt s;tETE;Ii E EtTtE EsiEfgE+ E;i !;i ;!EF+l:'_p : :i gEs ;iE: ::E g E€I EE3 I:iEEEEEE I [s[ii iiE; EtEi ti
I EiE EEEEEEiEE ES
-EEBEE
EEiE EiiE EEE
!iE oo
c: oo3E E q
EatEs E,eC9.i, a u
'=.= o -E > o;
OuOrLooE
6 .-c.9 <E!= -r c.! qi..Ed3
E<5.8
q: c!o= o o
uL i r
Eio4
=! o l:
,! [E.A
ss F doi,OdE
O .:'F E'iE a
.fiof,F
e€ 6 e,6 0>.=z 6;=<(,.9 I
B.E 5 E
E;',r'to 9 H.9> tr o+6 3(,8
: O c^
EfiE BLEL o,ri!9
o o.: -;= sf
s,E> PLL=.=..': UY
3 E.E,i:E=Eo
6Co=>u^o.:
:o--i3E,oo<I
s.ESso6E q
3o;FF=o -SgEE
6<UE
> c6*
3 !:e
i.J coo >o-.6 E cPa6.e.= oOiOo-:
ed cAe;: AdcQ-ooF:[] 1!9833
E €.ra' e..c'6 g iEd ts!oEi<
d E PE P! PT.8 E 33 EEtrESE.O;!EE ia, ga-E.5 [ =*E Ee - o 90=:-o 6u oF: E Bjl'EEEIE;EU .:bg,FoEtil-FE; ?i:isF{igu6: .E9FE.Edbl"'9'=! s EE##E s*EEg:e 5ti=eiE!atsq ;i:s,[EEE*€=i; ilE;iEtiE,3
s$ *E: Eu€ E ;es
Er ;*^[ElErr$*
E E
=ELE:",*FEB
\outsoHtrco.€ii :6EPE'.ido';: iirgq!;f sE;.E EESEE3,!;.EE
Hf E?:3:EEE;I.ri
E 55,9pgHtrE5g :€gns; EsgEi3 i;EE sr El: EEi ",!i2Er.cI. o€{:i Hq.q[EfiE€fi9ae- ; (;9 ?;'E,t
=
E; s- : ? r: FE:.;:6r a I Hr:=t'EB5:i
€s f;EgsHE€Egi; ,::q:?;.g:;F
Af : Ef;Ee;EEE.= d o *: ^< c c c o :E? IqEigE;!$Ii-i 'E:io'f If ;EEE:o EE;d,?>.cEoooh ".::>-'o+(J-ooI xr:SrhP.---;. Eo!8 Ig?r:.$ii,st!; ::iiz*t=I9FE ==Ie-E^:i,;aa
Ei -r;'FiE;*rni
;F EE*ii;,-;EE..=' EE#",#:n.E3E>o 9Fra tsH.:oo€Ei *l:.fi:ugcE5
l? , E=E#EE?tEtU= :iEE!6sS{95h.: i;"6666{'oEto9r ;cOo=o6c.j:GtZl F<r- (.r)<UJLFLLF
tuzI
6
N
N
Fq
=
f
t
o
d
=-F
Uz
@(,
-2,(J CE to<<=
HHN.
EYa<6H>d=
t! ,. ut958
Euu(JF
oz
lllllil*
ErOJ
EIEIol
-lEI
.glsl
-t
=l<tclul-l
=l<l
=l
439
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance creating separate, reduced setback requirements for commercial buildings that do not
contain any hotel or residential units within the MXE (Mixed Use Entertainment) District.
lntended Outcome Su
Setbacks - First Reading SUM.docx
AcE!'lBA ,t=0, fl5 T
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort put forth by the Citv to requlate development is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The subject Ordinance would allow for more appropriate, context sensitive retail development, by
reducing the front and side facing the street setback requirements for a purely retail development of
2-stories or less, to five (5) feet.
The Land Use and Development Committee discussed the proposed Ordinance on September 3,
2014, and recommended approval of the Ordinance as proposed. The Ordinance was approved at
First Reading on October 22,2014. At Second Reading on November 19,2014, the item did not move
forward due to the lack of a second to a motion to approve.
On March 11,2015, at the request of Commissioners Michael Grieco and Joy Malakoff, the City
Commission agreed to have the matter placed on the April 15, 2015 Commission agenda, for a new
First Reading. On April 15,2015, the matterwas not approved at First Reading. On May 6, 2015, at
the request of Commissioner Jonah Wolfson, the matter was re-considered and a new First Reading
date was set for June 10, 2015. On June 10, 2015, the item was deferred to July 8,2015. On July 8,
2015, the item was deferred to September 2,2015.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Readinq and schedule a Second Readinq Public Hearinq for October 14,2015.
On September23,2014, the Planning Board (vote of 5-'1), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2211).
On Aoril 14.2015. the Historic Preservation Board recommended in favorof the Ordinance.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Clerk's Office islative Tracki
Thomas Mooney
Assistant City Manager
MIAMIBEACH BArE ?-r-l)"440
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o, the City
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: MXE Setback Regulations
FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDRs) OF THE CITY CODE,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS"" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT," AT SECTION 142.
547, "SETBACK REQUIREMENTS," BY AMENDING THE
SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR
RESIDENTIAL UNITS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for October 14,2Q15.
BACKGROUND
On July 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred an amendment to the Land Development Regulations in the MXE Zoning
District, as they apply to non-hotel uses, to the Land Use and Development Committee
and the Planning Board (item C4N). The Land Use and Development Committee
discussed the proposed Ordinance on September 3,2014, and recommended approval
of the Ordinance as proposed.
The Ordinance was approved at First Reading on October 22, 2014. At Second Reading
on November 19, 2014, the item did not move fonrvard due to the lack of a second to a
motion to approve.
441
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
September 2,2015 Page 2 o'f 3
On March 11, 2015, at the request of Commissioners Michael Grieco and Joy Malakoff,
the City Commission agreed to have the matter placed on the April 15,2015
Commission agenda, for a new First Reading. The Commission also requested that the
Historic Preservation Board (HPB) review the Ordinance prior to April 15,2015, in order
to provide input.
On April 14, 2015, the HPB reviewed the proposed Ordinance and recommended in
favor. On April 15,2015, the City Commission did not approve the subject Ordinance at
First Reading. On May 6, 2015, at the request of Commissioner Jonah Wolfson, the City
Commission agreed to have the matter placed on the June 10, 2015 Commission
agenda, for a new First Reading.
ANALYSIS
The setback regulations in the MXE zoning district were created based upon the historic
pattern of typical hotel development along Collins Avenue. Elevated front porches along
the front elevations, with open courtyards along the street side elevations, characterize
such historic fabric. The MXE district provides requirements as to the depth and length
of such porches as well as the length and square footage of the required courtyard
spaces.
While these regulations have been successful and can readily be accommodated when
applied to larger residential, hotel, or mixed-use developments, they have not been as
effective when applied to smaller, single tenant retail projects. For stand-alone retail
buildings, such requirements create an awkward building typology. For instance, if a
project does not provide the required porch and open space, the required front setback
is 20 feet, which for a retail project, is antithetical to good urban design.
The proposed Ordinance amendment would allow for more appropriate, context
sensitive retail development, by reducing the front and side facing the street setback
requirements for a purely retail development of 2-stories or less, to five (5) feet. Such a
setback would allow for an expanded sidewalk up to the building line, and the
incorporation of street trees along the street fronts.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
442
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
September 2, 2015 Page 3 of 3
SUMMARY
On June 10,2015 the item was deferred to the July 8, 2015 meeting, at the request of
the sponsor. On July 8,2015, the item was deferred to the September 2,2015 meeting,
again at the request of the sponsor.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for October 14,2015.
JLM/TRM
T:\AGENDAVOl S\SeptembeAPLANNlNG\MXE Setbacks - First Reading MEM.docx
443
MXE Setbacks
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRs) OF THE CITY GODE, GHAPTER 142, "ZONING
DlsTRlcTS AND REGULATIONS," ARTIGLE !1, "DISTRIGT
REGULATIONS"" DIVISION 13, "MXE MIXED USE ENTERTAINMENT
DlsTRlGT," AT SEGTTON 142-547, "SETBACK REQUIREMENTS," BY
AMENDING THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERGIAL BUILDINGS
THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL UNITS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the Ocean
Drive - Collins Avenue MXE district and the Ocean Terrace MXE district; and
WHEREAS, the MXE district is composed of a mixture of uses, including hotels,
residential, and commercial development; and
WHEREAS, the current setback regulations, including porch and courtyard requirements
are most applicable to hotel, residential, and mixed-use development; and
WHEREAS, the City recognizes that for purely lower scale retail development, different
setback regulations are warranted in order to ensure an active urban design character; and
WHEREAS the Planning Board, at its meeting dated September 23,2014 by a vote of 5-
1 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142,"Zoning Districts And Regulations," Article ll, "District Regulations",
Division 13,'MXE Mixed Use Entertainment District," Section 142-547, "Setback requirements,"
is hereby amended as follows:
Sec. 1 42-547. Setback requirements.
(a) The setback requirements for the MXE mixed use entertainment district are as follows:
(1) Front.
a. Oceanfront: Pedestal and tower, 50 feet; however, sculptures, fountains or architectural
features when approved by the design review board are permitted in the required front
yard.
b. Non-oceanfront:
1. Pedestal, ten feet.
444
2. Lots 100 feet in width or greater, 20 feet; for buildings with a ten-foot-deep covered
front porch running substantially the full width of the building front, the front setback
shall be five feet. Furthermore, for lots 100 feet in width or greater_!f;a'lse1lain hqlg|el
apartment units, the front setback shall be extended to include at least one courtyard,
open to the sky, with a minimum width of ten feet and a minimum area of three square
feet for every linear foot of lot frontage.
3. Tower, 50 feet.
4. Notwithstandinq the foreqoinq, for a buildinq containinq exclusivelv retail uses, not
exceedinq two (2) stories in heiqht. with a lot line on Collins Avenue, the minimum
pedestalsetback shall be five (5) feet.
Side, interior.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width.
b. Nonoceanfront:
1. Architectural district, five feet.
2. All other areas:
i. Pedestal, five feet.
ii. Tower, 7.5 feet.
Side, facing a street.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width, plus five feet.
b. Nonoceanfront: Ten percent of the lot width plus five feet, not to exceed 25 feet. However,
lots less than 100 feet in width shall have a minimum setback of five (!) feet.
1. Nonoceanfront structures may comply with these requirements or have the option of
the following:
i. Pedestal, five (!) feet.
ii. Tower, 7.5 feet.
2. Provided that nonoceanfront lots 100 feet or greater in width shall incorporate the
following, which mav be waived at the discretion of the historic preservation board,
consistent with the certificate of aopropriateness criteria, contained in chapter 118,
article X, for a buildinq containino exclusivelv retail uses, not exceedinq two (2) stories
in heiqht. with a lot line on Collins Avenue:
i. A ten-foot-deep porch running substantially the full side length of the building,
with a minimum floor-to-ceiling height of 12 feet; and
ii. One courtyard, open to the sky, with a minimum of 1,000 square feet and a
minimum average depth of 20 feet. The long edge of the courtyard shall be along
the side property line. The area of the courtyard shall be increased by an
additional 50 square feet for every one foot of building height above 30 feet as
measured from grade.
(4) Rear.
a. Oceanfront: 25 percent of the lot depth or 75 feet minimum from the bulkhead line,
whichever is greater.
b. Nonoceanfront:
1. Architectural district, zero (Q) feet if abutting an alley, otherwise ten feet.
2. Allother areas, ten feet.
(b) Existing structures which are being substantially renovated are permitted to retain the existing
setback areas; however, the setback area shall not be reduced. When additional floors are
(2)
(3)
445
constructed, they shall be permitted to retain the same setbacks as the existing floors. The
provisions of section 118-398 relating to bulk shall not be applicable to the foregoing setback
requirements.
(c) For the setback criteria above that applies exclusivelv to retail uses, a restrictive covenant in a form
acceptable to the city attorney, committino the propertv to such use, shall be recorded prior to the
issuance of any buildinq permit for such retail use.
**
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECT!ON3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shalltake effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading: September 2,2015
Second Reading: October 14,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\201 S\September\PLANNING\MXE Setbacks - First Reading ORD.docx
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
446
THIS PAGE INTENTIONALLY LEFT BLANK
447
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Miami Beach City Code Chapter 82, Entitled "Public Property', By Amending Article lV Thereof Entitled
"Uses ln Public Right-Of-Way", By Amending Section 82-383, Entitled "Permit Fee; Penalties For Late
Payments; Review Of Fee," By Amending Subsection (A) Thereof To Abate Sidewalk Caf6 Fees For
Businesses North Of 63'o Street, Through And lncluding September 30,2017; Providing For Repealer,
Codification,, And An Effective Date.
Intended Outcomes Su
Item Summary/Recommendation :
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk cafes a
$150.00 annual permit fee, plus $20.00 per square foot for the caf6 area. The City does not charge
Sidewalk Caf6 fees for businesses situated on State Roads because they were outside its jurisdiction.
This created a competitive disadvantage for sidewalk cafes on City streets in the North Beach Area.
ln 1998, pursuant to Ordinance No. 98-3146, sidewalk caf6 fees were abated during the North Shore
construction project and for a yeat after completion as an economic development measure. Pursuant to
Ordinance No. 2000-3237 adopted on April 12, 2000, the City Commission extended the fee waiver
provisions to September 30, 2001.
On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the
fee waiver provisions subject to a two year budget analysis and review by the Administration. Later that
same year, the City Commission adopted Ordinance No. 2003-3423 on July 30, 2003 repealing the
Sidewalk Caf6 fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard ltem RgP, 'A Discussion To lmmediately
Reinstate The Fee Waiver For Sidewalk Cafes ln North Beach" and approved a referral to the Finance
and Citywide Projects Committee (FCWPC). ln addition, the Commission requested that a new fee
abatement program be established for the square footage fee on sidewalk caf6 permits issued for
locations north of 63'o Street.
At its September 19,2013, the FCWPC Committee recommended that the sidewalk caf6 fees be
waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-3824 which
waived square footage fees for sidewalk cafes north of 63'o Street.
Presently, north of 63'd Street, there are three (3) restaurants with sidewalk cafes with a total footprint of
985 square feet that are not on State roadways and nine (9) sidewalk cafes with a total footprint of 880
square feet on State roadways.
THE ADMINISTRATION RECOMMENDS SETTING THE PUBLIC HEARING FOR THE ORDINANCE.
Financial ! nformation :
Source of funds #Amount Account Approved
I 1l
Financial lmpact Summary:
T:\AGEN DA\201 5\SeptembeAPUB LIC WORKS\Sidewalk 6rdinrn"" amendment- SUMM. dOCX
AsExsA rrE$ AsKS MIAMIBTACH nere ?-J-lf448
g MIAMIBEACH
€ity of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the C
Jimmy L. Morales, City Manager
September 2,2015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 82,
ENTTTLED "PUBLIC PROPERTY'I BY AMENDTNG ARTICLE IV THEREOF
ENTITLED "USES IN PUBLIC RIGHT.OF.WAY", BY AMENDING SECTION 82.383,
ENTITLED.,PERMIT FEE; PENALTIES FOR LATE PAYMENTS; REVIEW OF FEE,,,
BY AMENDING SUBSEGTION (A) THEREOF TO ABATE SIDEWALK CAFE FEES
FOR BUSINESSES NORTH OF 63RD STREET, THROUGH AND TNCLUDING
SEPTEMEBER 30, 2017; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends approving the Ordinance.
BACKGROUND
The Miami Beach City Code Chapter 82 authorizes the City to charge restaurants with sidewalk
caf6s a $150.00 annual permit fee, plus $20.00 per square foot for the caf6 area. The City does
not charge Sidewalk Caf6 fees for businesses situated on State Roads because they were
outside its jurisdiction. This created a competitive disadvantage for sidewalk cafes on City
streets in the North Beach Area.
ln 1998, pursuant to Ordinance No. 98-3146, sidewalk caf6 fees were abated during the North
Shore construction project and for a year after completion as an economic development
measure. Pursuant to Ordinance No. 2000-3237 adopted on April 12, 2000, the City
Commission extended the fee waiver provisions to September 30, 2001.
On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which
reinstated the fee waiver provisions subject to a two year budget analysis and review by the
Administration. Later that same year, the City Commission adopted Ordinance No. 2003-3423
on July 30, 2003 repealing the Sidewalk Caf6 fee abatement provisions.
At its July 19, 2013 meeting, the City Commission heard ltem RgP, "A Discussion To
lmmediately Reinstate The Fee Waiver For Sidewalk Cafes ln North Beach" and approved a
referral to the Finance and Citywide Projects Committee (FCWPC). ln addition, the
TO:
FROM:
DATE:
SUBJECT:
449
Sidewalk Caf6 Ordinance Amendment - Memo
September 2,2015
Page 2 of 2
Commission requested that a new fee abatement program be established for the square
footage fee on sidewalk caf6 permits issued for locations north of 63'd Street.
At its September 19,2013, the FCWPC Committee recommended that the sidewalk caf6 fees
be waived. At its October 2013 meeting, the City Commission adopted Ordinance No. 2013-
3824 which waived square footage fees for sidewalk cafes north of 63'd Street.
Presently, north of 63'd Street, there are three (3) restaurants with sidewalk cafes with a total
footprint of 985 square feet that are not on State roadways and nine (9) sidewalk cafes with a
totalfootprint of 880 square feet on State roadways.
CONCLUSION
The Administration recommends setting a public hearing for the Ordinance.
Attachments: City Code Chapter 82 draft Ordinance
M*#&
T:\AGENDA\201S\September\PUBLIC WORKS\sidwalk cafe ordinance amendrnent- MEMO.docx
450
ORDINANCE TO BE SUBMITTED
451
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to increase penalties to private waste and
specialty contractors for not paying franchise and permit fees due to the City based on a percentage
of fees not paid.
Ensure Expenditure Trends Are Sustainable Over The Long Term.
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Item Summary/Recommendation :
FIRST READING
ln two recent audits performed, the private waste contractors collected revenues and franchise fees
for rolloff services in the City and failed to report these revenues and remit applicable franchise and
permit fees to the City. The changes recommended for this ordinance primarily provide for eliminating
the current flat late fee and establishing a penalty based upon a percentage of fees not remitted. An
approach similar to penalties established for the City's resort tax collection is recommended.
Penalties for resort taxes not remitted are currently at 10% for those taxes due within 30 days after the
due date with additional penalties of 10% being charged for each subsequent 30 day period
afterwards with a cap of 50% penalty of the total amount of the fees. This change should encourage
compliance to the City Code by these contractors.
The Administration recommends that the City Commission 1) accept the recommendation to amend
penalties for solid waste franchise and permit fees not reported. 2) Approve the Ordinance at First
Readino and set a Second Readinq Public Hearinq for October 14.2015.
On April 28, 2015 the Audit Committee recommended increasing the penalty to private waste
contractors for not reporting franchise and permit fees to the City.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet
Clerk's Office
James Sutter
DA\201S\September\OBP|\Solid Waste Franchise Fees Penalties - First reading
AGENDA'"U R S L
orri ,z-lY-MIAMIBEACH 452
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
OMMIS MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
f the City
FIRST READING
TO THE CITY BY PRIVATE WASTE AND SPEClALry GONTRACTORS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF MIAMI
BEACH, FLORIDA, AMENDING GHAPTER 90 OF THE CODE OF THE CIry OF
MIAMI BEACH, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV,
ENTITLED "PRIVATE WASTE COLLECTORS/CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING SECTION 90.225, ENTITLED
..FAILURE TO PAY FRANCHISE FEE" TO PROVIDE PENALTIES FOR FAILURE TO
PAY FRANCHISE FEES; AND BY AMENDING DIVISION 4, ENTITLED "SPECIALW
CONTRACTORS," BY AMENDING SEGTION 90-278, ENTITLED "FEES AND
REQUIREMENTS" TO AMEND THE PENAL TIES FOR THE FAILURE TO PAY
PERMTT FEES; PROVIDING FOR REPEALER; SEVERABILIW; CODIFIGATION;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends approval of the Ordinance amendment on first reading
and scheduling a second reading public hearing.
BACKGROUND
The City's lnternal Audit Division audits private waste contractors to verify whether
required franchise fees and other rolloff permit fees for solid waste picked up within the
City's limits are being reported to the City. Waste contractors charge their customers an
18% City franchise fee on revenues earned with the City limits. These franchise fees
are to be remitted monthly to the City. At present, the penalties for not paying the
franchise fees are based upon a flat fee of $50 for each late return or return not filed.
lnterest is also charged on any franchise or permit fees due to the City.
ln two recent audits performed within the current fiscal year, the specialty (rolloff)
contractors collected revenues and franchise fees for rollotf services in the City and
failed to report these revenues and remit applicable franchise fees to the City. Other
than standard interest allowed by the City Code, a flat fee of $50 is assessed for any late
returns or on revenues not reported. For these two audits, late fees amounted to $1,700
and $400 on assessed franchise fees not reported in the amount of $58,462 and $1,791
respectively.
453
Commission Memorandum
Amending Penalties for Franchise and Permit Fees Not Paid
September 2, 201 5 Page 2 of 2
ANALYSIS
These contractors did not comply with certain reporting provision sections in the City
Code during the audit period. They collected revenues and franchise fees for services
rendered within the City of Miami Beach and failed to file.
The changes recommended for this ordinance primarily provide for eliminating the
current flat late fee and establishing a penalty based upon a percentage of fees not
remitted. An approach similar to penalties established for the City's resort tax collection
is recommended. Penalties for resort taxes not remitted are currently at 10o/o for those
due within 30 days after the due date with additional penalties of 10% being charged for
each subsequent 30 day period aftenruards with a cap of 50% penalty of the total amount
of the fees. This change should encourage compliance to the City Code by these
contractors.
AUDIT COMMITTEE REVIEW
At the April 28, 2015 Audit Committee meeting, the committee recommended proposing
a change to the City ordinance to allow for a higher penalty which is based on a
percentage of fees not remitted rather than a flat non-filing fee. This change would be
similar to how penalties are currently calculated on businesses not remitting resort taxes
and would encourage timelier compliance. Commissioner Weithorn is sponsoring these
changes.
GONCLUSION
The Administration recommends that the City Commission 1) accept the
recommendation to amend penalties for solid waste franchise and permit fees not
reported. 2) Approve the Ordinance at First Reading and set a Second Reading Public
Hearing for October 14,2015.
T:\AGENDA\201S\September\OBPI\Solid Waste Franchise Fees Penalties - First Reading MEM.docx
454
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
90 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED..PRIVATE WASTE CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING
SECTION 90.225, ENTITLED ..FAILURE TO PAY FRANCHISE
FEE," TO AMEND THE PENALTIES FOR FAILURE TO PAY
FRANCHISE FEES; AND BY AMENDING DIVISION 4,
ENTITLED "SPECIALTY CONTRACTORS,'' BY AMENDING
SECTION 90.278, ENTITLED "FEES AND REQUIREMENTS,''
TO AMEND THE PENALTIES FOR THE FAILURE TO PAY
PERMIT FEES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTM DATE.
WHEREAS, the City Commission of the City of Miami Beach, Florida finds it in the
public interest to ensure that all areas within the City limits are adequately provided with
high-quality solid waste collection and disposal service; and
WHEREAS, the City Commission finds it in the public interest to strengthen its
regulatory authority, as permitted by law, over solid waste collection and disposal
because of the overriding public health, welfare, and ecological considerations
associated with the provisions of solid waste services; and
WHEREAS, the City Commission finds it in the public interest to ensure public
sanitation, to promote aesthetic considerations, and to protect the public investment in
right-of-way property; and
WHEREAS, the City Commission finds that charging penalties based on a
percentage of fees not paid for the failure to pay solid waste franchise and permit fees is
the best means of assuring that the above-described interests of the City are served.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Miami Beach Code Chapter 90, entitled "Solid Waste," Section 90-
225 and Section 90-278 are hereby amended as set forth below:
455
CHAPTER 90
SOLID WASTE
***
Article lV. Private Waste Contractors
***
Division 3. Franchise
Sec. 90-225. Failure to pay franchise fee; penalties.
lf a franchise waste contractor fails to pay any franchise fee (as set forth in section 90-
221), when due and within the time provided, the contractor shall pay any and all of the
city's expenses for collection of same, including, without limitation, audit costs and
reasonable attorney fees and costs. lf the contractor fails to pay the full franchise fee
on or before the last day of each month, i
penalty fees for private waste collectors/contractors shall
be as follows:
On.q,nal dernquency. Any franchise waste contractor who fails to remit
any franchise fee imposed bv this division within the time required shall
pav a penaltv of ten percent of the amount of the delinquent fee in addition
to the amount of the delinquent fee.
Confrnued delrnquency. Anv franchise waste contractor who fails to remit
the franchise fee on or before the 30th dav followinq the date on which the
fee first became delinquent shall pav a second delinquency penalty of ten
percent of the amount of the delinquent fee. in addition to the amount of
the fee. and the ten percent penalty imposed pursuant to section (1). An
additional penalty of ten percent of the amount of the delinquent fee shall
be paid for each additional 30-day period. or part thereof, durinq which the
franchise fee is delinquent, provided that the total penalty imposed bv
subsection (1) and this subsection (2) shall not exceed 50 percent of the
amount of the franchise fee. This penalty shall be in addition to the
franchise fee and interest imposed bv this division.
/nferesf. ln addition to the penalties imposed in subsections (1) and (2) of
this section, anv franchise waste contractor who fails to remit anv
franchise fee imposed bv this division shall pay interest at the hiqhest
leqal rate of interest permitted bv law on the amount of the franchise fee,
exclusive of penalties, from the date on which the franchise fee first
became delinquent until paid.
u
4
3)
456
fi Penalties merqed with franchise fee. Every oenaltv imoosed and all
interest accrued under the provisions of this section shall become a part of
the franchise fee required to be paid.
Division 4. ,p"",nr, Contractors
***
S u bd ivision I l. Rol loff/Portable Waste Contai ner Contractors
Sec. 90-278. Fees and requirements; penalties for non-pavment.
The permit fees and requirements for rolloff container and grapple service contractors
shall be as follows:
(6) Failure to pay permit fee; penalties for late payment lf the contractor fails to timely
pay the full permit fee as set forth in subsections (1) and (2) of this section, the
contractor shall pay any and all of the city's expenses for collection of such fees,
including, but not limited to, court costs, audit costs and reasonable attorney fees. lf the
contractor fails to pay the full permit fee on or before the last day of each month, -a-[iate
the ameunt due at the highest lavvful rate ef interest per annum, nenaltv fees for
specialty contractors shall be as follows:
a) On?rnal delrnquency. Anv specialty contractor who fails to remit anv
permit fee imposed bv this division within the time required shall pav a
penalty of ten percent of the amount of the delinquent fee in addition to the
amount of the fee.
b) Confrnued delrnquency. Any specialty contractor who fails to remit the
permit fee on or before the 30th dav followinq the date on which the fee
first became delinquent shall pav a second delinquencv penaltv of ten
percent of the amount of the fee in addition to the amount of the fee and
the ten percent penaltv imposed pursuant to subsection (1). An additional
penaltv of ten percent of the amount of the delinquent fee shall be paid for
each additional 30-day period. or part thereof, durinq which the permit fee
is delinquent, provided that the total penalty imposed by subsection (a)
and this subsection (b) shall not exceed 50 percent of the amount of the
permit fee. This penaltv shall be in addition to the permit fee and interest
imposed by this division.
457
c) /nferesf. !n addition to the penalties imposed in subsections (a) and (b),
anv specialty contractor who fails to remit any permit fee imposed bv this
division shall pav interest at the hiqhest leqal rate of interest permitted bv
law on the amount of fee, exclusive of penalties, from the date on which
the permit fee first became delinquent until paid.
g!) Penalfies meroed uzifh permrt fee. Every penaltv imposed and all interest
accrued under the provisions of this section shall become a part of the
permit fee required to be paid.
SECTION 2. SEVERABILITY
lf in any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no, way
affect the validity of the remaining portion of the Ordinance.
SECTION 3. REPEALER
All ordinances or parts in conflict herewith be the same are hereby repealed.
SECTION 4. CODIFICATION
!t is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underscore denotes new language
Stri*eh+eugh denotes deleted language
(Sponsored by Commissioner Deede Weithorn)
APPROVED PtrS TO
FORM & IANGUAGE
T:\AGENDA\201 s\SeptembeAOBPl\Solid Waste Penalty Changes - First Read ing ORD.docx
& FOR EXECUTIONJ-Q,\- M,'5
458
THIS PAGE INTENTIONALLY LEFT BLANK
459
COMMISSION'TEVI SUMMARY
Condensed Title:
An ordinance of the Mayor and City Commission of the City if Miami Beach, Florida, amending furt l, Subpart B,
Article lX, Related Special Acts, of the Miami Beach City Code entitled "Pension System for Disability and
Retirement of Members of Police and Fire Departments"; amending the pension system to comply rlith applicable
provisions of the lnternal Revenue Code and Regulations thereunder; amending Section 62 entitled, "Definitions";
amending Section 63, entitled "Source of Monies for Fund; Computation of Liability; Use and lnvestment of Fund";
amending Section 66, entitled "Service and Disability Beneflts Generally"; amending Section 70, entitled "Return of
Contribution"; amending Section 79, entitled "Deferred Retirement Option Plan"; amending Section 82, entitled
"Military Service"; amending Section 83, entitled "Limitations on Benefits;" amending Section 84, entitled
"Distribution Limitation"; amending Section 85, entitled "Distribution to Retirement Plan"; providing for severability,
all ordinances in conflict therewith; and and effective date.
Ensure expenditure trends are sustainable over the long term
First Reading
Item Summary/Recommendation :
The amendments are technical in nature, and should not result in additional cost to the City. An actuarial impact
statement will be provided for the second reading and public hearing which, contingent on acceptance of the
Administration's recommendation, should be October 14,2015.
The proposed amendments include the following nine plan changes:
1. A new definition of "actuarial assumptions" for the purpose of calculating optional forms of benefits. The
definition incorporates the past and present assumptions approved by the pension board and plan actuary.
2. A provision stating that employee contributions that are "picked up" by the City (i.e., treated as employer
contributions for tax purposes) cannot be paid directly to employees.
3. A provision stating that a plan member shall be fully vested in plan benefits upon reaching normal
retirement age.
4. A provision requiring plan members who separate from city employment to make a written request for a
return of member contributions.
5. A provision stating that the DROP plan shall be treated as a defined contribution plan for the purpose of
applying maximum limits on contributions and additions, to the extent required by law.
6. A provision incorporating the mandatory requirements of the Uniformed Services Employment and
Reemployment Rights Act (USERRA).
7. A provision stating that the limitation year is the same as the plan year (October 1 through September 30)
for the purpose of applying the maximum benefit limit in Section 415 of the lnternal Revenue Code.
8. A provision incorporating the mandatory distribution requirements of the lnternal Revenue Code.
9. Provisions incorporating the rollover requirements of the lnternal Revenue Code.
There are legal and practical advantages to obtaining a determination letter. Among them: an IRS determination
letter provides a definitive analysis of whether a plan is qualified and the basis for retroactive relief if the Service
later chanqes its
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
T"t"l
Financial lmpact Summary:
Department Director Assistant City{anager City Manaqjr{
sct_*f KcB y'1t/rLM ry /*
AGEITIE*. |TEM R5ME MIAfiAIBEACH sme 8-7-l{460
MIAMIBEACH
Clry of Mloml Booch, 1700 Convention Center Drive, Miomi Beoch, FL 33139, www.miomibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Honorable Mayor Philip Levine and Members of the City Commission
Jimmy L. Morates, City Manas -7ArL{Z
//
September 2,2015
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAM! BEAGH, FLORIDA, AMENDING PART I, SUBPART B,
ARTICLE IX, RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY
GODE ENTITLED "PENSION SYSTEM FOR DISABILITY AND
RETIREMENT OF MEMBERS OF POLTCE AND FIRE
DEPARTMENTS,,; AMENDING THE PENSION SYSTEM TO COMPLY
WITH APPLICABLE PROVISIONS OF THE INTERNAL REVENUE
GODE AND REGULATIONS THEREUNDER; AMENDING SECTION 62,
ENTITLED "DEFINITIONS"; AMENDING SECTION 63, ENTITLED
"SOURCE OF MONIES FOR FUND; COMPUTATION OF LIABILITY;
USE AND INVESTMENT OF FUND"; AMENDING SECTION 66,
ENTITLED "SERVICE AND DISABILITY BENEFITS GENERALLY";
AMENDINGSECTION 70, ENTITLED "RETURN OF CONTRIBUTION";
AMENDING SECTION 79, ENTITLED "DEFERRED RETIREMENT
OPTION PLAN"; AMENDING SECTION 82, ENTITLED "MILITARY
SERVICE"; AMENDING SECTION 83, ENTITLED "LIMITATIONS ON
BENEFITS;" AMENDING SECTION 84, ENTITLED "DISTRIBUTION
LIMITATION"; AMENDING SECTION 85, ENTITLED "DISTRIBUTIONTO RETIREMENT PLAN,,; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES lN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
F!RST READING
BAGKGROUND
We have reviewed the proposed amendments to
Pension Plan, attached to the lnternal Revenue
January 29, 201 4 (attached).
the Miami Beach Firefighters and Police
Service (lRS) determination letter dated
An lnternal Revenue Service "determination letter'' is issued in response to a request as to the
qualified status of a retirement plan under IRC section 401(a). The determination letter
expresses the Service's opinion regarding the form of the plan, and applies only to the employer
and the plan participants on whose behalf it was issued.
The proposed amendments are required by the lnternal Revenue Code (lRC) and IRS
regulations, in order for the Plan to retain its qualified status and comply with the favorable
determination letter from the lRS.
The proposed amendments include the following nine plan changes:
We ore comnittd o gwiding *cellatt public sovice od *{ay n oll wlo l;,,,e, ',w* ad pby in our ibronL toit@l, histuic cannunity
461
City Commission Memorandum
September 2,2015
Firefighters and Police Pension Plan
Page 2 of 3
1. A new definition of "actuarial assumptions" for the purpose of calculating optional forms
of benefits. The definition incorporates the past and present assumptions approved by
the pension board and plan actuary.
2. A provision stating that employee contributions that are "picked up" by the City (i.e.,
treated as employer contributions for tax purposes) cannot be paid directly to
employees.
3. A provision stating that a plan member shall be fully vested in plan benefits upon
reaching normal retirement age.
4. A provision requiring plan members who separate from city employment to make a
written request for a return of member contributions.
5. A provision stating that the DROP plan shall be treated as a defined contribution plan for
the purpose of applying maximum limits on contributions and additions, to the extent
required by law.
6. A provision incorporating the mandatory requirements of the Uniformed Services
Employment and Reemployment Rights Act (USERRA).
7. A provision stating that the limitation year is the same as the plan year (October 1
through September 30) for the purpose of applying the maximum benefit limit in Section
415 of the lnternal Revenue Code.
8. A provision incorporating the mandatory distribution requirements of the lnternal
Revenue Code.
L Provisions incorporating the rollover requirements of the lnternal Revenue Code.
ln summary, the proposed amendments satisfy the IRS requirements for plan qualification.
While public employers that sponsor retirement plans are not required to apply for a
determination letter, receiving a favorable determination letter provides documentation that the
plan satisfies the applicable qualification standards.
There are several legal and practical advantages to obtaining a determination letter. One legal
advantage is that an IRS determination letter provides a definitive analysis of whether a plan is
qualified. lt also provides the basis for retroactive relief if the Service later changes its position.
One practical advantage of obtaining a determination letter is that the City's auditors will be less
likely to question the qualified status of the Plan.
We have prepared an ordinance incorporating the IRC compliance amendments. The
amendments are technical in nature.
462
City Commission Memorandum
September 2,2015
Firefighters and Police Pension Plan
Page 3 of 3
RECOMMENDATION
Adoption of the ordinance is recommended. lt is further recommended that the second reading
and public hearing be scheduled for the Octobet 14,2015, meeting.
The City has been informed that changes to the ordinance do not have an actuarial impact. A
statement to that effect shall be provided for the second reading and public hearing.
Attachment
JLM/KGB/SC-T
463
tt
l.
IIflfERl.IAfJ REVENITE SERVICE
P. O. BOX 2508
cIt{cIN!{aTI, OH 452OL
Date: JAN2g2014
CITY OF MIAI.{I BEACE
C/O FIRE AND PoIJICE PEsIsIoN oFFIcE
1591 MICHIGAII A1IE STB 355
MIA!4r BEACH, EIJ 33139
rD# 9s048
PLr?r Name:. CIIT FS$STON FOR FIREFIGHTERSI &
POITICE fN TIIE CITY OF ![IAMI BEACE
P1ar, Mrmben; 001
Dear Appllcant:
I{e have made a favorable determiuatioa on the pJ-an identifLed above baeedon the lnformatLou you have eu;rp1ied. PLeaoe keep this letter, tbe appllcaEionforme submiEted to reguest this letter and all coireEpondeace wtth thJlntemalReverue Service reg4rdl-ug your appllcatlou for a determlaation letter ln yogr
pernEu.ellt records. You mrrst retain tbis Lnformation t,o presefve your relianceon Eh{e letEer.
Coatinued quallfication of tbe pJ-an under iEs present f,orm wJ.LJ. depeudoa its effect J.n operatioa. see sestlon 1.401-1(b) (3) of tbe rncome TaxReguLatlonE. we wlLl review the Btatus of the plan in operation period.icall-y.
I'lre enelosed rrr:blicatj.on ?94 erqplalna tbe siguificance and the scope oftbis favorable determLaation letter baeed on the determlnatlon request,e
eeLected on your applicat.lon forrre. Fublicatiou 794 descrlbes thJ ioformatlootbat mnst be retaiued to have reliance on thi.e favorable determiuatiotr letter.
Ebe publieation al-eo provides exanqlles of ttre eff,ect of a plarrrs operatJ.on oaite gualifLed etatus and dlssueaee the reporting reguiremente for quallf,iedpIane. Please read PublicaE,j.on ?94.
ThLs lettser relateE only to the otatus of your plan under tshe Internal
Revenue Code, It Le not a determLnatloa regardiug the effeeE of other federalor local atatuteB.
Tbie d.etermlnatLon letter givea no reliance for aay qual.ificatiou changethat becomes effectLve, Erny guidance publiebed, or Erny Etatutea enacted,, afterthe issuance of the Cumulative Liat, (r:nIees Ehe item bae beea ideutified in the
CurmrlatLve IJI-Bt) for Ebe cycle under which thie appllcatloa xras Bubmltted,.
:Ibls letter may not be relied on after the end of the pl+n'B fLretfive-year rernedlal ane[dnent <rycle that ende more tba! 12 monthB aft,er tbeapplication waa received.. This Letter oqlLree otr iraruary 3L, 20L4. rhLe letter
consLdered the 2007 Cumrlative IJiEt of Cbanges Iu BIan eualifLcationRequiremeuts.
Shls detend.natLoa ie er:bJect to your ad,option of tbe propoaed anendnelrte
ATTACHMENT
DEPARIMENT OF !IIE IRE,ASI'RY
Elry)loyer Ideatification Number:
s9-6000372
DI:l[:
2090530r.1
Person to Contact:
RTITE CEEII
Contact Tel-ephone Number:
1626) e27-L423
Letter 2oAZ $Olcrcl
464
-2-
CITY OE'MIAMI BEACH
srJbmitted in your Letter dated 7-29-L3. The propoeed amendmenteshould. be adopted. on or before the date preaciifea by ube regulatione rnd.erCode Bection 401 (b) .
Thj-s determiuation is condltioned upon your adoption of the proposed.reaEatsed plen aB submitted wJ.eb your or your repreeeutatlverg fetler Aatea2-23-1,L. The proposed plan ehould be adopted oa or before thedate prescrilced by tbe regulatlone under code eectLon 401(b).
Ttuis determinat,ioa l-etter ls baEed eolely on your assertioa that the planLE entitled to be treated aB a Governmental pian riraer Eection 414(d) of theInteraal Reverrue Code.
llhiE deta:uriuatioa letEer is applicabLe to the plan :nd relaEed. documengesubmitted in conjunction wlth your appltcation flled during tbe remedialamendmeat cycle ending ZOO9.
:r:bie Le Dot a determlnation wLth respect to any la"ngruage in the plau orany arnendment to the plan that refLects Section g oi the-oeieirse of, t*tirrLageAct, r\rb. rJ. 104-199, 110 Etat. 2419 (DoMA) or u.s. v. wiudsor, 133 s. ct. z67s(2013), wh.icb inrral.Ldated that section.
rile have 8e!xt a coBy of tbi8 letter to your repreeeulative ae iadicated iathe Form 2848 Power of Attorney or appointee as iodicated. by tbe Form gB21 TaxInformation Authorization.
rf you have gueBtions concerrri-og tbie rnatter, pleaee contact the personwhose name ald telephone umber are ihocn a.borre.
Si:reerely,
EnclogureE:
E\:blicatlon 294
Gp. €-ef$.--
Andrew E. Zucketman
DLrector, EP RuIlEgB & AgreemeErE8
Iretter 2oo2 (Do/ecl
465
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I,
SUBPART B, ARTICLE IX, RELATED SPECIAL ACTS, OF THE
MIAMI BEACH CITY CODE ENTITLED *PENSION SYSTEM
FOR DISABILITY AND RETIREMENT OF MEMBERS OF
POLICE AND FIRE DEPARTMENTS',; AMENDING THE
PENSION SYSTEM TO COMPLY WITH APPLICABLE
PROVISIONS OF THE INTERNAL REVENUE CODE AND
REGULATIONS THEREUNDER; AMENDING SECTION 62,
ENTITLED "DEFINITIONS,,; AMENDING SECTION 63,
ENTITLED *SOURCE OF MONIES FOR FUND; COMPUTATION
OF LIABILITY; USE AND INVESTMENT OF FUND,,;
AMENDING SECTION 66, ENTITLED "SERVICE AND
DISABILITY BENEFITS GENERALLY,,; AMENDING SECTION
70, ENTITLED "RETURN OF CONTRIBUTION,'; AMENDING
SECTION 79, ENTITLED "DEFERRED RETIREMENT OPTION
PLAN,,; AMENDING SECTION 82, ENTITLED "MILITARY
SERVICE''; AMENDING SECTION 83, ENTITLED
*LIMITATIONS ON BENEFITS;,' AMENDING SECTION 84,
ENTITLED "DISTRIBUTION LIMITATION''; AMENDING
SECTION 85, ENTITLED "DISTRIBUTION TO RETIREMENT
PLAN,,; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT THERE,WITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1. Effective September 30, 2013, Section 62 of Part 1, Subpart B, Article IX,
Related Special Acts of the Miami Beach City Code, is amended to read:
Section 62. Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Actuarial Assumptions (.for the calculation of optional forms of benefrts\ means the
followin g intere st rate s compounded annual Iy :
(a) 8.5% for plan ),ears prior to October 1" 2009: 8.4% effective for the plan year beeinning
October 1. 2009: 8.3% effective for the plan vear beginning October 1. 2010: 8.2%
effective for the plan year beginnine October 1.2011: 8.lo% effective for the plan year
466
beginning October 1. 2012: and 8.0% effective for the plan years beginning October 1.
2013 and October 1. 2014:
(b) 7.95% effective for the plan ),ear beginning October 1. 2015: 7.90% effective for the
plan ),ear beeinning October 1. 2016: 7.85olo effective for the plan year beginnins October
1. 2017: 7.80% effective for the plan year beginning October 1. 2018: and 7.75% effective
for the plan year beginning October 1. 2019.
Actuarial Assumptions (.for the calculation of optional forms of beneftts) also means the
following mortalit), tables :
(a) for plan ),ears beginning prior to October 1. 2010. the 1983 Group Annuity Mortality
Table: for plan )rears beginning on October 1.2010 and October 1.2011: for Pre-
Retirement Mortality the RP-2000 Combined Mortality Table with a blue collar
adjustment. for Post-Retirement Healthv Mortality the RP-2000 Combined Mortalitv Table
with a blue collar adjustment. and for Post-Retirement Disabled Mortality the RP-2000
Combined Mortality Table;
(b) for plan years beginnins on and after October 1. 2012: for Pre-Retirement Mortality the
RP-2000 Combined Mortalit), Table with a blue collar adjustment projected l5 years from
valuation date" for Post-Retirement Healthy Mortality the RP-2000 Combined Mortality
Table with a blue collar adjustment projected 7 years from valuation date. and for Post-
Retirement Disabled Mortality the RP-2000 Combined Mortality Table. For purposes of
determining the period that benefits are paid to a widow or widower who was married to a
deceased member for less than ten years. the 1994 Life Expectancy Table shall be used.
Section 2. Section 63 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 63.
fund.
Source of moneys for fund; computation of liability; use and investment of
(b) Each member of this System hired before September 30,2013 shall contribute 10% of
his Salary to the Fund. Each member of this System hired on or after September 30,
2013 shall contribute 10.5% of his Salary to the Fund. The City shall, solely for
purposes of complying with section 414(h) of the Internal Revenue Code, pick up
contributions required to be made by the members under this System. The
contributions so picked up shall be treated as employer contributions for purposes of
determining their tax treatment under the Intemal Revenue Code. No employee shall
467
have the option of choosing to receive the contributed amounts directly instead of
havine them paid bv the ciry to the System.
Section 3. Section 66.1 of Part 1, Subpart B, Article IX, Related Special Acts of the
Miami Beach City Code, is amended to read:
Section 66.1 Normal form of benefit; benefit options.
(e) Upon attainment of normal retirement age. as described herein. the member shall be
fully vested in the benefits under the System.
Section 4. Section 70 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 70. - Return of contribution.
(a) Except as provided in subsections (b) and (c) of this section, whenever any member
in the service of either the fire or police department shall sever his connection with such
department either voluntarily or by lawful discharge, or by death not attributed to his active
duties prior to the completion of five years of membership in the department, or by death
in active service after the completion of five years of membership in the department
leaving no Surviving Spouse, Domestic Partner, children or Dependent Parents entitled to
pension benefits under this System, such member or his estate shall be entitled to the return
of all the moneys he has contributed into this System, together with accumulated interest
on the sum, at the rate of three percent per annum, computed until date of payment to the
member or his estate, unless in the event of discharge or voluntary severance such member
has at that time qualified under the terms of this System for a pension from the System.
No palrment shall be made under this paragraph to a member unless the member has made
a written request for the pa)rment in the form and manner determined by the Board.
Section 5. Section 79 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 79. - Deferred Retirement Option Plan (DROP).
(l) Compliance with Intemal Revenue Code Section 414(k) and 414(i). To the extent
required under the Internal Reven
contribution plan to the extent that the member's benefits under the System are based on
the member's DROP account. The amount of "annual additions" (as such term is defined
468
in Section 415(cX2) of the Intemal Revenue Code and Treasury Regulations Q1.415(c)-
1(b)) which may be allocated under the DROP to a member's DROP account for a
"limitation )rear" ma), not exceed the maximum permissible amount under Section
415(cX1) of the Internal Revenue Code and Treasury Regulations $1.415(c)-1(aXl) (the
"Annual Maximum Amount"). In addition. for purposes of determining a member's
Annual Maximum Amount. the member's compensation shall be determined in compliance
with Treasury Regulations $ 1.41 5(c)-2.
Section 6. Section 82 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 82. - Military service.
(c) Notwithstandinq an), provision of this plan to the contrary. effective as of
December 12. 1994" contributions. benefits and service credit with respect to qualified
military service will be provided in accordance with Section 414(u) of the Internal
Revenue Code of 1986. as amended. and USERRA. as applicable.
Section 7. Section 83 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 83. - Limitations on benefits.
(a) In addition to the other limitations set forth in this System and notwithstanding any
other provision of the System to the contrary, the maximum annual pension payable under
the System shall not increase to an amount in excess of the amount permitted under section
415 of the Internal Revenue Code, with such limitation specifically subjectto subsections
(F), (G) and (I) of section 4t5(b)(2) of the Internal Revenue Code and sections 415(b)(11),
415(kX3) and 415(n) of said Code. The limitation year shall be the 12 month period
ending each September 30.
Section 8. Section 84 of Pan l, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 84. - Distribution limitation.
Notwithstanding any other provision of this System, all distributions from this System
shall conform to section a01(aX9) of the Internal Revenue Code in general and to section
a01(a)(9)(C) of the Intemal Revenue Code in particular. Notwithstandine any other
provision of this plan to the contrary. a form of retirement income payable from this plan
shall satisfr the following conditions:
(a) If the retirement income is payable before the member's death:
469
( 1) It shall either be distributed or commence to the member not later than April 1
of the calendar )rear following the later of the calendar year in which the member attains
aee 70 1/2 . or the calendar year in which the member retires:
(.2) The distribution shall commence not later than the calendar year defined above:
and (a) shall be oaid over the life of the member or over the lifetimes of the member and------ ,--/ - -- ,
the member's designated beneficiary or (b) shall be paid over the period extendins not
be),ond the life expectancy of the member and the member's designated beneficiary.
Where a form of retirement income payment has commenced in accordance with the
preceding paragraphs and the member dies before his entire interest in the plan has been
disrupted. the remaining ponion of such interest in the plan shall be distributed no less
rapidl)z than under the form of distribution in effect at the time of the member's death.
(b) If the member's death occurs before the distribution of his interest in the plan has
commenced. the member's entire interest in the plan shall be distributed within five years
of the member's death. unless it is to be distributed in accordance with the following rules:
(1) The member's remaining interest in the plan is payable to his member's
desi gnated benefi ciary:
O\ The remainins interest is to be distributed over the life of the member's
designated beneficiarlz or over a period not extending beyond the life expectancy of the
member's designated benehciary; and
(3) Such distribution begins within one year of the member's death unless the
member's Surviving Spouse is the sole designated beneficiary. in which case the
distribution need not begin before the date on which the member would have attained ase
70 % and if the member's Surviving Spouse dies before the distribution to the Surviving
Spouse begins. this section shall be applied as if the Surviving Spouse were the member.
Section 9. Section 85 of Part 1, Subpart B, Article IX, Related Special Acts of the Miami
Beach City Code, is amended to read:
Sec. 85. - Distribution to retirement plan.
(a) Election by distributee. This section applies to distributions made on or after January 1,
1993. Notwithstanding any provision of this article to the contrary that would otherwise
limit a distributee's election under this section, a distributee may elect, at the time and in
the manner prescribed by the Board, to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(b) Definitions. The following words, terms and phrases, when used in this subsection,
shall have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
470
l. Direct rollover means a payment by the System to the eligible retirement plan
specified by the distributee. Effective as of January 1. 2008. a non-spouse Beneficiary
malz make a direct rollover only to an "inherited" individual retirement account as
described in Section 408(b) of the Internal Revenue Code.
2. Distributee includes an employee or former employee. In addition, the
employee's or former employee's $urviving Sspouse or domestic partner is a distributee
with regard to the interest of the Surviving $spouse or domestic partner. Effective as of
January 1. 2008. an Emplolree's or former Employee's non-spouse Benehciary is a
distributee with regard to the interest of the Employee of former Employee.
3. Etigible retirement plan means an individual retirement account described in
section a08(a) of the Internal Revenue Code, an individual retirement annuity described in
section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of
the Internal Revenue Code, or a qualified trust described in section 401(a) of the Internal
Revenue Code, that accepts the distributee's eligible rollover distribution. ++o{#wer-in+he
arfi*i+)t Effective for distributions made after December 31. 2001" an elieible retirement
lan itv contract ion 4036) of
Revenue Code and an eligible plan under Section 457(b) of the Intemal Revenue Code
which is maintained by a state. political subdivision of a state. or any agency or
instrumentalit), of a state or political subdivision of a state and which agrees to separatelv
account for amounts transferred into such plan from this Plan.
4. Eligible rollover distribution means any distribution of all or any portion of the
balance to the credit of the distributee; except that an eligible rollover distribution does not
include any distribution that is one of a series of substantially equal periodic payments (not
less frequently than annually) made for the life (or life expectancy) of the distributee or the
joint lives (or joint life expectancies) of the distributee and the distributee's designated
beneficiary, or for a specified period of ten years or more; any distribution to the extent
such distribution is required under section a01(a)(9) of the Internal Revenue Code; and the
portion of any distribution that is not includable in gross income.
Section 10. Conflicts and Severability.
(a) All Ordinances, and parts of ordinances, in conflict herewith shall be and
the same, are hereby repealed.
(b) In the event any article, section, paragraph, sentence, clause, or phrase of
this Ordinance shall be adjudicated invalid or unconstitutional, such adjudication shall in
no manner affect the other articles, sections, paragraphs, sentences, clauses or phrases of
this Ordinance, which shall be and remain in full force and effect as fully as if the item so
adjudged invalid or unconstitutional was not originally apart hereof.
Section 11. Codification. This Ordinance shall be codified in the Code of Ordinances of
471
the City of Miami Beach.
Section 12. Effective date. This Ordinance shall take effect ten days following adoption,
except as otherwise specified herein.
PASSED and ADOPTED by the City Commission of the City of Miami Beach this
day of ,2015.
PHILIP LEVINE
MAYOR
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
(Sponsored by Commissioner_)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
fldts
Dote
472
THIS PAGE INTENTIONALLY LEFT BLANK
473
R5 - Ordinances
RsN An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," ByAmending Article lll, Entitled "Litter," ByAmending Division 1, Entitled
"Generally," By Amending Section 46-92 To Amend The Enforcement And Penalty
Provisions For Violations Of Subsections (b), (c), (d), And (e), By lncreasing Penalties
For Violations Of Subsections (b), (c), (d), And (e), And lmposing Criminal Penalties For
Violations Of Subsection (b) On Beaches, Parks, Marinas, Piers, Docks, And Boat
Ramps; To Amend Provisions ln Subsections (l) And (m) Regarding Appeals From
Violations; And To Amend The Provisions ln Subsection (m) Regarding Liens For
Unpaid Fines; And Providing For Repealer, Severability, Codification, And An Effective
Date. First Reading
(Sponsored by Commissioner Grieco)
(Legislative Tracking: Environment & Sustainability)
(ltem to be Submitted in Supplemental)
Agenda ltem
Date474
THIS PAGE INTENTIONALLY LEFT BLANK
475
RAUL J. AGUTLA, crry ArroRNE rfieiL
OF THE CITY ATTORNEY
RAUI AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
COMMISSION MEMORANDUM
FIRST READING
tl-
&
oi,.=
SEPTEMBER 2, 2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH
CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING
ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1,
ENTITLED "GENERALLY,'' BY AMENDING SECTION 106.47, ENTITLED..FREIGHT, COMMERCIAL, AND PASSENGER GURB LOADING ZONES;
HOURS, DELIVERIES"; BY DELETING SUBSECTION (C), (D) AND (E); BY
AMENDTNG SUBSECTTON (B) TO REQUTRE pROpERTy OWNERS AND
BUSTNESSES TO CONFTRM COMPLTANCE WITH SUBSEGTTON (G) FOR. COMMERGIAL MOTOR VEHICLES DELIVERIES AND SERVICES; BY
PROHIBITING DELIVERIES OR SERVICES FOR COMMERCIAL MOTOR
VEHTCLES THAT FAIL TO COMPLY WITH SUBSECTTONS (F) THROUGH (N);
BY CREATING A NEW SUBSECTTON (D) AND (E), WHICH LTMITS THE
AUTHORITY OF THE SPECIAL MASTER; BY AMENDING THE
ENFORCEMENT AND PENALW PROVISIONS FOR VIOLATIONS OF
SUBSECTIONS (B); PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILIry, AND AN EFFECTIVE DATE.
Commissioner Michael Grieco has proposed an ordinance amendment that will require
propefty owner(s) and business(es) to only accept services or deliveries from
commercial motor vehicles that are in compliance with Section 106-47(9) of the City
Code. These property owner(s) and businesses will have a legal obligation and
responsibility to confirm that the operator/driver of the commercial motor vehicle has
complied with those permit requirements set forth within Sections 106-47(f) through (n).
A property owner or business that accepts services or deliveries from an operator/driver
of a commercial motor vehicle that violates subsections (f) through (n), will result in the
direct enforcement action against the property owner or business.
This Ordinance will serve to establish those requirements upon the property owner(s)
and business(es) for the acceptance of services and deliveries from commercial motor
vehicle operators/drivers violating the requirements of the city code, and to further
prohibit the dangerous conditions created by commercial motor vehicles obstructing the
vehicular lanes of traffic in violation of subsection (f) through (n).
Agenda ltem RSORJA/AB/sc
Date476
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 106 OF
THE MIAMI BEAGH CITY CODE, ENTITLED "TRAFFIC AND
vEHtcLES," BY AMENDING ARTICLE ll, ENTTTLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY,"BY AMENDING SECTION 106.47, ENTITLED ..FREIGHT,
COMMERGIAL, AND PASSENGER CURB LOADING ZONES; HOURS,
DELIVERIES"; BY DELETING SUBSECTION (C), (D) AND (E); BY
AMENDTNG SUBSECTTON (B) TO REQUTRE pROpERTy OWNERS
AND BUSINESSES TO CONFIRM GOMPLIANCE WITH SUBSECTION
(G) FOR COMMERCTAL MOTOR VEHTCLES DELTVERTES AND
SERVICES; BY PROHIBITING DELIVERIES OR SERVICES FOR
COMMERCIAL MOTOR VEHICLES THAT FAIL TO COMPLY WITH
SUBSECTIONS (F) THROUGH (N); BY CREATING A NEw
SUBSECTION (D) AND (E), WHICH LtMtTS THE AUTHORIW OF THE
SPECIAL MASTER; BY AMENDING THE ENFORCEMENT AND
PENALTY PROV|STONS FOR VTOLATTONS OF SUBSECTTONS (B);
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission has held discussions related to
commercial motor vehicles blocking lanes on Washington Avenue, Collins Avenue; Ocean
Drive, West Avenue and other major corridors, which discussions included enforcement action
and long term solutions; and
WHEREAS, the City has established commercial and freight loading zone regulations
that provide opportunities for commercial motor vehicles to properly conduct their deliveries
without impeding or destructing vehicular lanes of traffic throughout the City; and
WHEREAS, the Administration believes that property owner(s) or business(es) must
ensure that the commercial motor vehicle operator(s) continue to comply with those permit
requirements, restricted hours, and maximum time limits in order to protect the health, safety
and welfare of the motoring public; and
WHEREAS, this amendment is necessary to ensure that property owner(s) and
business(es) within these highly traveled corridors are not complacent, and are responsible for
the obstruction of vehicular lanes by commercial motor vehicles during the acceptance of
deliveries and services.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION {. That Chapter 106, "Traffic and Vehicles," Article ll, "Metered Parking," Division 1,
"Generally," Section 106-47, entitled, "Freight, Commercial, and Passenger Curb Loading
Zones; Hours, Deliveries"; of the Code of the City of Miami Beach, Florida, is hereby
established, as follows:
477
(b)
Chapter 106. Traffic and Vehicles
Article ll. Metered Parking
Division. I Generally
Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
(a) [Authorization.] The city manager or his designee is hereby authorized to designate any
street freight, commercial, and passenger curb loading zones as permissible automobile
parking areas during such hours as such officials, in their discretion, may direct.
[Enforcement against property owners and/or businesses.] Freight, commercial, and
passenger curb loading zone regulations, including as posted by sign, may be enforced, in
addition to the procedures provided in this chapter, against property owners and/or
businesses which accept services or deliveries from commercial motor vehicles or vehicles
violating such regulations.
OI A propertv owner(s) or business that accepts services or deliveries from a commercial
motor vehicle must confirm that the operator/driver of the commercial motor vehicle has
complied with subsection (o).
(2 lt is orohibited for a propertv owner(s) or business to accept anv services or deliveries
from the operator/driver of a commercial motor vehicle that is not in compliance with
subsections (fl throuoh (n).
Civil fine fer vielaters, The fellewing eivil fines shall be impesed fer a vielatien ef this
se€tien:
@mS
@in-enejear ef the first effense); $1 50,00
(3) Third effense (within ene .,ear ef thefirst effense): 9300,00
( l) Feurth er mere effenses (within ene year ef the first effense); 9600,00
shall enferee the
this artiele; the parking enfereement speeialist er the eede eemplianee effieer shall issue a
, as may be
ef the nature ef the
vielatien ameunt ef fine fer whiefi the vielater is liable, inetruetiens and due date fer paying
within the ten da"s; shall eenstitute an admissien ef the vielatien and a waiver ef the right te
a+eanngt
2
(€)
(d)
(e)
478
vielatlen within len days ef the issuanee ef the netiee ef vielatien,
( l) Any party aggrieved by a deeisien ef a speeial master may ap^eal that deeisien te a
@ien=
(g) Penalties and enforcement.
1. A violation of subsection (b) shall be subiect to the followino fines:
a. lf the violation is the first offense, a person shall receive a civil fine
of $'1,000.00:
b. lf the violation is the second violation within the precedinq six
months. a person shall receive a civil fine of $2.000.00:
c. !f the violation is the third violation within the precedino six months.
a person shall receive a civil fine of $3,000.00;
d. lf the violation is the fourth or subsequent violation within the
precedino 2 months, a oerson shall receive a civil fine of $5.000.00.
2- Enforcement. The Miami Beach police department, the Parkinq
Department or the Code Compliance Department shall enforce this
section. This shall not preclude other enforcement aoencies from anv
action to assure compliance with this section and all applicable laws. lf a
violation of (b) is observed. the lower case enforcement officer will be
authorized to issue a notice of violation. The notice shall inform the
violator of the nature of the violation, amount of fine for which the violator is
liable, instructions and due date for pavino the fine, that the violation mav
be appealed bv requestino an administrative hearinq before a special
master within ten (10) davs after service of the notice of violation, and that
the failure to appeal the violation within ten (10) davs of service shall
constitute an admission of the violation and a waiver of the rioht to a
hearinq.
3. Riohts of violators: pavment of fine: right to appear: failure to pav civil fine
or to appeal: appeals from decisions of the special master.
479
a. A violator who has been served with a notice of violation must elect
to either:
i" pav the civil fine in the manner indicated on the notice of
violation: or
ii. request an administrative hearinq before a soecial master
to appeal the notice of violation. which must be requested
within ten (10) davs of the service of the notice of violation.
b. The procedures for appeal bv administrative hearino of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this
Code. Applications for hearinos must be accompanied bv a fee as
approved bv a resolution of the citv commission, which shall be
refunded if the named violator prevails in the aopeal.
c. lf the named violator. after issuance of the notice of violation. fails
to pav the civil fine. or fails to timelv request an administrative
hearino before a special master. the violation is deemed valid. The
failure of the named violator to appeal the decision of the police
officer within the prescribed time period shall constitute a waiver of
the violator's riqht to an administrative hearino before the special
master. and shall be treated as an admission of the violation. for
which fines and penalties shall be assessed accordinqlv.
d. A certified copv of an order imposino a fine mav be recorded in the
public records, and thereafter shall constitute a lien upon anv real
or personal propertv owned bv the violator, which mav be enforced
in the same manner as a court iudqment bv the sheriffs of this
state. includino lew aqainst the violator's real or personal propertv,
but shall not be deemed to be a court iudoment except for
enforcement purposes. On or after the sixtv-first (61st) dav
followino the recordinq of anv such lien that remains unpaid. the
Citv mav foreclose or othenrvise execute upon the lien.
e. Anv partv aoqrieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
(9!) The special master shall be prohibited from hearino the merits of the notice of violation or
considerinq the timeliness of a request for an administrative hearino if the violator has failed
to request an administrative hearino within ten (10) davs of the service of the notice of
violation.
480
(e) The special master shall not have discretion to alter the penalties prescribed in subsection
(cX1).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take etfect ten days following adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
RAFAEL GRANADO, CITY CLERK
Underscore denotes new language
S+ri*e+nreugh denotes deleted language
(Sponsored by Commissioner Michael Grieco)
2015.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FOAU & LAT{GUAGE
IFOR EGCI,NON
E-z5-6
-
Dil
F:\AfiO\BOKA\Ordinances\Freight Loading Zone - Section 1 06-47.docx
Oryer€,
481
& RF ir{-H'L-/1.. / \\_/l I:
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO:MAYOR PHILIP LEVINE FIRST READING
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM: ALEKSANDR BOKSNER, FIRST ASST. CITY ATTORNE
DATE: SEPTEMBER 2, 2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS,'' BY AMENDING ARTICLE IV, ENTITLED..SUPPLEMENTARY DISTRICT REGULATIONS,'; BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS"; BY
AMENDTNG SUBSECTTON (5), TO REQUIRE TRANSTENT GUEST(S) OR
OCCUPANT(S) TO REGISTER AT THE SUITE HOTEL; PROVIDING FOR
COD!FICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
Commissioner Michael Grieco has proposed an ordinance amendment to Section 142-
1105(5) of the Miami Beach Code. This ordinance amendment will require transient
guest(s) or occupant(s) of a suite hotel to register at the registration desk. The
registration requirement is an important public policy component by ensuring that all
persons are properly granted access to the suite hotel, thereby seruing to protect other
transient guest(s) and/or occupant(s) at the premises of the suite hotel. Commissioner
Grieco anticipates this to be an additional level of security, since it would prohibit
unpermitted individual(s) from accessing the suite hotel.
Commissioner Grieco further acknowledges that Section 142-1105(5) was created
during a period of time that did not anticipate these technological advancements for
hotel reservations, which can now be accomplished via mobile devices. This amended
Ordinance will establish an important security requirement for current transient guests
and occupants of suite hotels, and will ensure that only lawfully permitted persons have
access to the suite hotel unit and common areas.
The amendment to this Land Development Regulation must be presented to the
Planning Board, and the Mayor and City Commission must have this matter transmitted
to the Planning Board for their review on September 30, 2015.
RJA/AB/sc
Agenda ltem
Date482
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF
THE MIAMI BEACH CITY CODE, ENTITLED "ZONING DISTRICTS
AND REGULATIONS," BY AMENDING ARTICLE !V, ENTITLED..SUPPLEMENTARY DISTRICT REGULATIONS,'; BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS";
BY AMENDTNG SUBSECTTON (5), TO REQUTRE TRANSTENT
GUEST(S) OR OCCUPANT(S) TO REGTSTER AT THE SUITE HOTEL;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the reservation of hotel rooms may be accomplished through various
mobile mediums and devices, based upon advancements in mobile technologies; and
WHEREAS, these mobile technological advancements have created new challenges
to traditional reservations at hotels, which challenges have directly impacted the safety and
security of all tenants, guests and occupants at suite hotels; and
WHEREAS, the City has determined that safe-guarding the security of those persons
residing or visiting at suite hotels requires this amendment to prevent intruders, or any other
persons not permitted on the premises of the suite hotel.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article lV, "Supplementary
District Regulations," Division 3, "Supplementary Use Regulations," Section 142-1105, entitled,
"suites hotel"; of the Code of the City of Miami Beach, Florida, is hereby established, as follows:
Chapter 1 42. Zoning D'rstrictsand Regulations
Article lV. Supplementary District Regulations
Division 3. Supplementary Use Regulations
Sec. 142-1{05. Suites hotel.
When a hotel unit contains cooking facilities it shall be considered as a suite hotel unit
and shall conform with the following:
(1) The units shall only be permitted in new construction, in historic district suites hotels that
have been rehabilitated in general accordance with the U.S. Secretary of the lnterior's
standards for rehabilitation of historic buildings as determined by the planning and
zoning director, or in buildings which have been substantially rehabilitated or where the
483
suites hotel units are part of a request for a building permit that will result in the building
being substantially rehabilitated.
(2) Cooking facilities in units of less than 550 square feet shall be limited to one microwave
oven and one five-cubic-foot refrigerator. Notwithstanding the forgoing, historic district
suites hotels may have full cooking facilities in units with a minimum of 400 square feet.
(3) The building shall be maintained and operated as a hotel.
(4) A minimum of 20 percent of the total gross area shall be maintained as common area,
however this requirement shall not apply to historic district suites hotels. This provision
shall not be waived or affected through the variance procedure.
(5) The building shall contain a registration desk and a lobby.
(s) Anv transient quest or occupant for a suite hotel unit must reqister at the reqistration
desk. Those transient ouest(s) or occupant(s) are prohibited from accessinq the
suite hotel unit without resistration.
(6) The building shall have central air conditioning or flush-mounted wall units; however no
air conditioning equipment may face a street, bay or ocean.
(7) The building shall not have unenclosed exterior walkways that provide access to the
units; however this requirement shall not apply to historic district suites hotels.
(8) Should the facility conved from a suites hotel to a multifamily residential building, the
minimum average unit size and all other zoning requirements for the underlying district
shall be met.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
484
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CITY CLERK
Underscore denotes new language
S+ike+tqreugh denotes de leted la n g uage
(Sponsored by Commissioner Michael Grieco)
2015.
APPROVED AS TO
FORM & TANGUAGE
A FORE)(EC{.TKN
aslri
F:\ATTO\BOKA\Ordinances\Suites - Hotel.docx
485
R5 - Ordinances
RsQ An Ordinance Amending Chapter 90 Of The Code Of The City Of Miami Beach, Entitled
"Solid Waste," By Amending Article ll, Entitled "Administration," By Amending Section
90-39 Thereof, Entitled "Fine Schedule For Violations lssued And Applied To Owners,
Agents, Tenants, Occupants, Operators Or Managers, Or Persons Responsible For The
Violation," To Amend The Fine Schedules Therein; And Providing For Repealer,
Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Deede Weithorn)
(Legislative Tracking: Code Enforcement)
(ltem to be Submitted in Supplemental)
Agenda ttem flSO
486
THIS PAGE INTENTIONALLY LEFT BLANK
487
R7
RESOLUTIONS
488
MIAMI BEACH
City of Miomi Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City mission
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015
READING
PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING
SECOND READING/PUBLIC HEARING, A DEVELOPMENT AND
GROUND LEASE AGREEMENT, AS AUTHORIZED,
RESPECTIVELY, UNDER SECTION 118.4 OF THE CITY CODE,
SECTIONS 163.3220 . 163.3243, FLORIDA STATUTES, AND
SEGTION 82.37 OF THE CIry CODE, BETWEEN THE CITY AND
PoRTMAN MIAMt BEACH, LLC ("PORTMAN"), FOR THE
DEVELOPMENT OF AN SOO.ROOM CONVENTION HEADQUARTER
HOTEL AND RELATED FACILITIES, INCLUDING UP TO 95,OOO
SQUARE FEET OF CONFERENCE AND BALLROOM FACILITIES,
AND UP TO 37,400 SQUARE FEET OF RESTAURANT FACILITIES
(THE "HOTEL"), ON AN APPROXIMATELY 2.65 ACRE SlrE ON
THE NORTHEAST CORNER OF 17th STREET AND CONVENTION
CENTER DRIVE, BOUNDED ROUGHLY BY THE MIAMI BEACH
CONVENTION CENTER TO THE NORTH, 17TH STREET TO THE
SOUTH, THE FILLMORE MIAMI BEACH AT THE JACKIE GLEASON
THEATER TO THE EAST, AND CONVENTION CENTER DRIVE TO
THE WEST (THE ..LEASED PROPERW,'); DELINEATING THE
CONDITIONS FOR THE DESIGN, CONSTRUCTION, EQUIPPING
AND OPERATION OF THE HOTEL ON THE LEASED PROPERry,
WITH NO CITY FUNDING THEREFOR; PROVIDING FOR A 99-
YEAR TERM OF THE LEASED PROPERW ONCE CERTAIN
CONDITIONS ARE SATISFIED; PROHIBITING GAMBLING
ESTABLISHMENTS ON THE LEASED PROPERTY; AND
PROVIDING FOR ANNUAL BASE RENT TO THE CITY, AFTER THE
HOTEL OPENS, OF THE GREATER OF MINIMUM FIXED RENT OR
A PERCENTAGE OF THE GROSS OPERATING REVENUES OF
THE HOTEL, AMONG OTHER RENT.
BACKGROUND
On January 27, 2015, the City Commission authorized the issuance of Request for Proposals No.
2015-103-ME (the RFP) for the Development of a Convention Headquarter Hotel Adjacent to the
Miami Beach Convention Center ("MBCC").
Agenda ltem R7A
Date 9.2 ^ lrJ-489
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 2 of 12
On April 10,2015, the City received proposals from Portman Holdings, LLC and Oxford Capital
Group/RLB Swerdling ("Oxford Capital"). On April 21, 2015, the City Manager notified Oxford
Capitalthat its proposalwas not responsive to the RFP's minimum requirements.
On April 29, 2015, the City Manager, via Letter to Commission (LTC) No. 176-2015, appointed an
Evaluation Committee, which convened on May 7, 2015, to interview the Portman Holdings team
and score the proposal, consistent with the evaluation criteria outlined in the RFP.
On May 20, 2015, the Mayor and City Commission approved Resolution No. 2015-29029,
authorizing the Administration to negotiate a Development and Ground Lease Agreement,
including a Room Block Agreement (collectively, the "Lease") with Portman Holdings, LLC, with
said Lease subject to prior approval by the Mayor and City Commission before the final execution
thereof.
On June 3,2015, the Administration submitted the proposed Lease for the Finance and Citywide
Projects Committee's review and input, in accordance with the requirements of Section 82-
37(a)(1) of the City Code.
On July 31, 2015, following a duly noticed public hearing, the City Commission approved the
Lease on first reading (Agenda ltem R7A).
ANALYSIS
Need for a Headquarter Hotel
The City of Miami Beach has been contending with the development of its convention events
business for many years with limited success. ln an effort to make the Miami Beach Convention
Center ("MBCC or "Convention Center") more competitive, the City is proceeding with its MBCC
Renovation and Expansion Project, a public construction project that is well undenvay and includes
a complete renovation and expansion of the Convention Center, with construction anticipated to
begin in December, 2015.
An adjacent, privately-funded, convention headquarter hotel is the next step in creating a highly
competitive convention destination. The headquarter hotel will have a dramatic impact on the City.
The following summarizes the key impacts:
. Competitive Landscape - Out of the 30 top U.S. convention destinations, Miami Beach is
one of four that currently does not have a headquarter hotel attached or adjacent to its
convention center. The other three cities include: Ft. Lauderdale, which is in the process of
developing a hotel; Los Angeles, which is also in the process of developing a hotel; and
New York, which does not need a headquarter hotel in view of the significant hotel
inventory in the nearby Broadway District. With the addition of the headquarter hotel for the
MBCC, Miami Beach willfinally be competitive as a convention destination.
. Client Demands - The City and the Greater Miami Convention and Visitors Bureau
(GMCVB) have reached out to the Convention Center's target market and continue to
receive feedback that many convention planners will only consider Miami Beach for their
event if there is an attached headquarter hotel. With a hotel, the City will finally have an
opportunity to book these events.
490
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 3 of 12
. Center Bookings - Case studies in other destinations that have expanded/renovated their
convention center, and developed a headquarter hotel, have shown material increases in
convention bookings. Average convention room night impact increased 42o/o. The City
and GMCVB are working through booking goals for the Convention Center, and are working
toward increasing convention bookings from approximately 5 annually to 25 to 30 annually,
not including Art Basel.
c Area Hotel lmpact - City staff has studied the impact on existing hotels when a new
convention hotel opens. ln cities where new convention hotels have been developed, hotel
room night demand exceeded the increase in room night supply within 1 to 3 years.
. Room Rate Driver - City staff has analyzed the times of year when Miami Beach realizes
its highest hotel rates. Other than New Year's Eve and large sporting events, many of the
high rate periods coincide with convention center events. More conventions booked means
more high-rate periods, which means more hotel revenues, equating to more tax revenues
that support City services.
o Traffic - While it is recognized that the development of an 800-room hotel will create more
traffic in the immediate vicinity of the hotel, this is more than offset by changing the
Convention Center's booking mix from "drive-in" consumer and trade shows to "fly-in"
conferences and conventions. The study presented to the City Commission on December
18, 2014 indicated that an average consumer show generates 24,600 vehicle trips over a
four-day period, and an average convention generates only 6,700 over a five-day period.
Changing the Convention Center's event mix will have a profound positive impact on City-
wide traffic.
o Lease Revenues - The net present value (NPV) of the proposed lease payments to the
City approximate $74 million ($92,500 per room, $27.9 million per acre, $641 per square
foot of land). The rent received by the City can be spent on general City needs, or
dedicated to specific projects that are of importance to the City's residents. The price per
room is consistent with the market. For a more detailed summary of the rent payments to
the City, see Summary of Development and Ground Lease Agreement, ltem #9, on pages
6-8 of this Memorandum.
Contractual Room Block - One of the challenges with booking the Convention Center is
that the City has no room block agreements with any hotels in the region, including large-
scale hotels capable of providing large enough group room blocks to support convention
events. Room commitments are critical to attracting premier conventions. The proposed
Room Block Agreement, which is included as part of the Development and Ground Lease
Agreement, requires the Hotel to commit 80% of its rooms to Citywide Events that are to
occur at least 30 months in the future and, among other things, includes price protection to
ensure afair rate is offered. This is a game changerfor Miami Beach. See Summary of
Development and Ground Lease Agreement, ltem #13, on pages 8-9 of this Memorandum.
Tax lmpacf - The Hotel will pay hotel, resort and property taxes that go to the City. The
net present value of the City taxes total $151 million over 30 years and $253 million over
the 99-year lease term. These funds support both the Convention Center itself, and a
number of other projects within the City. Public schools will receive an additional $40
million NPV from the Hotel, and the County an additional $87 million NPV.
491
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 4 of 12
. lncreased Dedicated County Funding - Miami-Dade County is contractually obligated to
increase its Convention Development Tax funding to the City of Miami Beach by up to $1.5
million annually through 2044 - only if a convention hotel is developed This totals $36
million more to the City.
. Art in Public Places - Portman will contribute approximately $3.6 million to the City's Art in
Public Places fund, which may be used for Art in Public Places projects throughout the City.
. Jobs - Strategic Advisory Group has estimated the hotel will create 530 local fulltime
equivalent jobs during its construction. Once open, the hotel is estimated to support 440
jobs at the hotel itself, and an additional 500 jobs directly and indirectly in support of the
hotel's operation and by guest spending outside the hotel on restaurants, retail,
entertainment and transportation.
. IVo Gambling - As detailed more fully below, the developer has agreed to the City's
restrictions prohibiting gambling at the headquarter hotel, and a provision to prohibit the
developer or a subsequent owner of the hotel from owning a gambling establishment within
Miami-Dade County. See Summary of Development and Ground Lease Agreement, ltem
#7, on page 6 of this Memorandum.
o No City Subsidy - No City funds or City financing will be utilized in the development of the
hotel. See Summary of Development and Ground Lease Agreement, ltem 2, on pages 4-5
of this Memorandum.
As outlined above, the advantages of developing the proposed convention headquarter hotels are
substantial and complement the City's investment in the MBCC Renovation and Expansion Project.
I truly believe that our investment in the Convention Center, coupled with a new headquarter hotel,
will catapult Miami Beach into a leadership position in the convention market. Failure to build an
adjacent headquarter hotelwill diminish the return on our investment in the Convention Center.
SUMMARY OF DEVELOPMENT AND GROUND LEASE AGREEMENT
The proposed Lease is attached hereto as Appendix 1. As contemplated by the RFP and at the
request of the City Administration and City Attorney's Office, Portman Holdings has identified a
wholly-owned single purpose limited liability company, Portman Miami Beach, LLC ("Portman") to
serve as Lessee. The Lease includes the following terms:
1. Description of Hotel Site/Leased Prooertv
The proposed boundaries for the leased property are described in Exhibit D to the Lease (the
"Leased Property"). The Leased Property generally consists of an approximately 2.65 acres on the
northeast corner of 17th Street and Convention Center Drive, bounded roughly by the Miami Beach
Convention Center to the North, 17th Street to the South, the Fillmore Miami Beach at the Jackie
Gleason Theater to the East, and Convention Center Drive to the West. For ease of reference, the
legal description and sketch for the Leased Property is separately included as Appendix 2 hereto.
2. Development and Fundinq of Hotel Proiect at Portman's Sole Cost
Portman shall be solely responsible for the development, design, construction, equipping and
operation of a full-service convention headquarter hotel with approximately (but not-to-exceed) 800
492
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 5 of 12
hotel rooms and related improvements ("Hotel"), including the design, construction and operation
of an enclosed overhead pedestrian walkway or "Skybridge" connecting the Hotel and the MBCC
(collectively, as described more fully in the Lease, the "Hotel Project"). The City shall not provide
any City subsidy or City financing for the Hotel Project.
3. The Fillmore Miami Beach Rehearsal Room and 555 17th Street
The Fillmore Miami Beach at the Jackie Gleason Theater ("The Fillmore")will remain in place and
operational during and after the Hotel Project construction. As part of its construction obligations,
Portman will be responsible for demolition of the 555 17th Street property and The Fillmore's
rehearsal or "black box" room, both of which are currently located on the Leased Property.
Portman will also be responsible for certain Off-Site lmprovements, including enclosure of the
remaining portion of The Fillmore located outside the Leased Property, and the replacement of
twenty-five (25) surface parking spaces for The Fillmore personnel.
4. Proposed Hotel Prooram
Consistent with the RFP requirements, Portman proposes to develop an 800-room convention
headquarter hotel to include the following program elements:
Ballroom/Meetinq Space Sq. Feet
Grand Ballroom 26,500
Junior Ballroom (2) 21,000
Breakout Meeting 47,700Total 95.200
Parking Spaces 320
Food & Beveraoe
3-meal
Lobby Lounge
Pool Grille
Rooftop
Club Lounge
Caf6
Seats
300
180
130
120
92
40
The 320 parking spaces proposed adheres to the requirement in the RFP of 0.4 parking spaces
per room (including ancillary uses) in accordance with the City's Land Development Regulations.
The maximum height cannot exceed 300 feet, as permitted by the City's Land Development
Regulations.
5. Lease Term
The term for the ground lease is a period of 99 years, commencing once certain development and
financing conditions are satisfied, as set forth in Section 4.1(b) of the Lease ("Possession
Conditions"). Specifically, the City will not deliver possession of the Leased Property to Portman
until Portman has met certain key milestones and satisfied a number of conditions with regard to
the development of the Hotel Project, including delivery of evidence that equity commitments and
construction loan commitments required to build the Hotel Project are in place, verification that a
management agreement with the initial Hotel Operator is in place, and evidence that all required
governmental approvals for commencement of construction have been obtained.
493
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page6of12
6. Approval of Preliminarv Desiqn: Final Desiqn Subiect to Citv's Desiqn Review Process
The Lease includes approval by the City, in its proprietary capacity as owner of the Leased
Property, of the initial preliminary concept design for the Hotel Project attached as Exhibit E to the
Lease. ln recognition that the design for the Hotel Project will evolve as part of the development
process, the Lease also requires City's approval of substantial design changes to the Hotel Project,
including any change that materially affects the exterior fagade or other exterior elements.
ln addition, the final design for the Hotel Project shall be subject to review and approval by the
City's Design Review Board and, if applicable, the Planning Board. Portman shall be required to
obtain all final, non-appealable regulatory approvals and/or permits that may be required for the
Hotel Project, in the same manner as may be applicable to any other developer.
7. Use RestrictionsiNo Gamblinq
The Lease contains a use restriction to prohibit gambling on the Leased Property. Portman and/or
subsequent owners of the Hotel may not own, operate or manage any establishment offering
gambling or wagering in Miami-Dade County. The Lease further provides that the foregoing
provisions cannot be subsequently amended without a 617 vote of the City Commission, and
approval by at least sixty percent (60%) of the voters voting thereon in a City-wide referendum.
8. Approved Brand/Hotel Operator
The Leased Property must be continuously operated as a Hotel. The hotel brand, or "flag" of the
Hotel, must be an "Approved Brand," which may include national hotel operators such as Marriott,
Westin, Omni, Hyatt Regency, Sheraton, La Meridien, Hilton, or any other brand approved by the
City, in its sole discretion. The Hotel must be developed and operated so as to be able to obtain
and continuously maintain a four-diamond rating from the American Automobile Association
("AAA") (the "Hotel Standards").
Portman has indicated it intends to consider national hotel brand/operators with an established and
consistently maintained reputation for quality operations. Brands to be considered include Marriott,
Marriott Marquis, JW Marriott, Westin, Omni, Hyatt Regency, and Hilton. The Hotel Operator must
either be an Approved Brand or a management company with a franchise agreement with an
Approved Brand. The Hotel Operator must operate the Hotel in accordance with the Hotel
Standards and must comply with the Room Block Agreement, as set forth in Exhibit L of the Lease.
The initial brand/hotel operator selection is a condition which must be satisfied prior to City's
delivery to Portman of possession of the Leased Property.
9. Annual Rent Pavments to the Citv
The Lease broadly defines Gross Operating Revenues to include all revenues and income from
the Hotel's gross room sales, gross food and beverage sales (whether a food and beverage
establishment is operated by Lessee or a Subtenant), catering receipts, internet services
charges, in-room video charges, parking and valet service receipts, among other revenues.
The Lease provides for Portman to make annual rent payments to the City, commencing upon
the later of (i) the Hotel Opening Date and (ii) the completion of construction of the Convention
Center such that the four main exhibition halls may be used for events (the "Rent
Commencement Date").
494
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 7 of 12
Base Renf
As a general matter, the City will receive annual rent in the amount of the greater of (x)
Minimum Fixed Rent (as defined in the Lease) or (y) Two and One Half percent (2.5o/o) of the
Gross Operating Revenues of the Hotel, except with respect to the first three Rent Years, to
account for the initial "ramp up" period for the Hotel, as summarized below.
ln recognition that the first three years following the Hotel's opening represent a critical period
for the establishment and success of a hotel operation, the City has agreed to receive, as Base
Rent:
. Q.So/o of the Gross Operating Revenues in the First Rent Year following the Rent
Commencement Date (with the First Rent Year defined to commence on the Rent
Commencement Date and end on December 31st of the year in which the first anniversary
of the Rent Commencement Date occurs);. 1.0o/o of the Gross Operating Revenues in the Second Rent Year year following the Rent
Commencement Date; ando 1.5o/o of the Gross Operating Revenues in the Third Rent Year following the Rent
Commencement Date.
As noted above, after the end of the Third Rent Year, and for each remaining year of the Term
thereafter, the City shall receive, as Base Rent, the greater of the Minimum Fixed Rent or
the fixed amount of 2.5% of the Gross Operating Revenues of the Hotel.
Minimum Fixed Rent
The schedule of Minimum Fixed Rent payments for the first ten (10) years following the Rent
Commencement Date is attached hereto as Appendix 3. These minimum guaranteed
payments are included to provide the City with greater certainty for its internal
planning/budgeting purposes as to the projected Lease revenues. Each year, the City will
receive the greater of the Minimum Fixed Rent or the percentage of Gross Operating Revenues
due to the City as set forth above, with the schedule of Minimum Fixed Rent to be re-calculated
every ten (10) years.
Additional Base Rent
Portman has also agreed to pay the City Additional Base Rent if certain projected Gross
Operating Revenue hurdles are exceeded. Beginning in the fourth year following the Rent
Commencement Date, and continuing each year thereafter for the remainder of the Term,
Portman has agreed to pay the City, as Additional Base Rent, the amount of 1.5o/o of Gross
Revenues, if Gross Operating Revenues exceed a hurdle of 110o/o of the projected pro forma
Fourth Year Gross Operating Revenues, with the hurdle to be adjusted for inflation annually.
Portman has also agreed to pay the City, as Additional Base Rent, another 1.0% of Gross
Operating Revenues, if Gross Operating Revenues exceed a hurdle of 125o/o of the Gross
Revenues of the projected pro forma Fourth Year Gross Operating Revenues, with the hurdle to
be adjusted for inflation annually.
495
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 8 of 12
Net Present Value of Base Rent Payments
Below is a table of the total and net present value ("NPV") of the Base Rent payments
(excluding the Additional Base Rent):
Minimum Fixed Rent
Variable Rent
Percentage Rent
Over 30 Years
NPVTotal @5%$53m $21m59m 23m
$112m $44m
Over 99 Years
Total
$417m
466m
$883m
NPV
@5%
$35m
39m
$74m
The lease stream NPV of $74 million over the term of the Lease equates to $92,500 per room.
The proposed rent structure and terms set forth above are based on labor cost assumptions
Portman has made in connection with its ongoing discussions with a hospitality industry union.
10. Transaction Rent (For Sale of Hotel or Controllinq lnterest in Lessee)
Portman has proposed for the City to receive additional rent in connection with the first three sales
of the Hotel to a third party, including a sale effected by a transfer of a Controlling interest in the
Lessee (i.e., in excess of 50% interest in the Lessee). Under the Lease, the City is to receive, as
Transaction Rent, the lesser of $2 million or 0.25o/o of the gross sales price for each such
transaction, provided that with respect to the first sale, City shall only receive payment if the gross
sales price is $580 million or higher.
11. Development Budqet and Finance Plan
Portman has estimated the preliminary development budget to be $405.5 million and intends to
financethe Hotel Projectwith an estimated 60% in debtand 40o/oin equity. Portman must provide
a minimum equity contribution of $10 million and has indicated it plans to provide up to $17 million
in equity, with the remaining equity to be funded by Portman institutional relationships. Portman
has provided construction debt financing support letters from Regions Bank, PNC Bank, and an
equity support letter for up to $130 million from NorthStar Realty Finance Limited Partnership
and/or affiliates of NorthStar Asset Management Group, lnc.
12. Development Schedule
Portman is estimating the Hotel design to be complete in late 2016 and construction to be
complete in late 2018 with the Hotel opening targeted to occur prior to Art Basel 2018. The Lease
includes outside dates by which certain key development activities must take place, including an
Outside Construction Loan Closing Date, Outside Construction Commencement Date, an Outside
Completion Date, and an Outside Opening Date. The City may terminate the Lease if any of the
outside dates are not met.
13. Room Block Aqreement
Portman has agreed to the City's terms outlined in the City's proposed Room Block Agreement,
which provides that a City-wide Event is an event requiring a three (3) night stay with at least 1,500
guest rooms on peak and with at least 115,000 gross square feet of MBCC space utilized for one
day or more while the event is being held. A City-wide Event shall also include the annual Orange
Bowl and any Super Bowl, even though they may not utilize the MBCC.
. For City-wide Events that are to occur at least 30 months in the future, Portman will make
available eighty percent (80%) of all guest rooms (and associated suites), for up to 14
496
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 9 of 12
nights per calendar month. Portman can book rooms in excess of that amount at its
discretion, at the rate of its choosing.
o For City-wide Events that are to occur between 18 and 30 months in the future, Portman
will make available eighty percent (80%) of all guest rooms (and associated suites) if rooms
and space are available, and will make available for City-wide Events eighty percent (80%)
of all guest rooms (and associated suites) for one consecutive four (4) day period each
month. Portman will determine the four (4) day period and will notify City on a monthly
basis. Portman may book rooms in excess of that amount at its discretion.
. For up to fourteen (14) nights per month, City may elect to require the Hotel to offer room
block pricing at 105% of Portman's average group room rates. ln addition, for up to six (6)
special events per year, City may elect to require the Hotel to offer room block pricing at
100o/o of Portman's average group room rates.
14. Other Lease Terms. Portman accepts the Leased Property in its "AS lS" condition.
. The Lease delineates "Acceptable Owner" criteria and requires City review and/or approval
of major transfers effecting a sale of the Hotel or Controlling lnterest in Lessee, including
transfers to Foreign lnstrumentalities (foreign governments or Persons Controlled thereby).
. City's rights and interest in the Lease will not be subordinate to any mortgage, lien or
encumbrance placed on Portman's (or any subsequent owner's) interest in the Lease.
. Portman is committed to supporting and encouraging the application of responsible wages
and local employment of City and Miami-Dade County residents.
. Portman is required to comply with the City's Art in Public Places program requirements set
forth in the City Code, and must contribute 1.5o/o of the construction cost for the Hotel
Project (approximately $3.6 million) to the Art in Public Places fund, which may be used for
Art in Public Places projects throughout the City.
. The Lease provides for duration of development rights for a limited period of six (6) years
as to maximum hotel height, F.A.R., and parking requirements, after which time, any
changes to the City's Land Development Regulations adopted after the Effective Date shall
apply to Portman's development applications.
. The Lease provides for arbitration of (i) disputes regarding any City disapproval of a
proposed brand, (ii) development disputes arising prior to Opening Date, i.e. disputes
involving City's disapproval of major modifications to the Approved Plans, etc.), or (iii) any
City Manager disapproval of a proposed Transfer. Notwithstanding the preceding, any
disapproval of a proposed Transfer, if such determination is made by the City Commission,
shall not be subject to arbitration and the exclusive remedy lies in a court of competent
jurisdiction in Miami-Dade County.
. The Lease provides the City Manager with delegated authority, following consultation with
City's CFO and City Attorney, to amend specific Lease provisions that impact lender rights,
in an effort to timely accommodate lender financing. All other amendments subject to City
Commission approval or further referendum approval, if applicable.
. The Lease also includes a variety of other terms, including with respect to maintenance and
repair obligations, insurance requirements, obligations to reconstruct the Hotel in the event
497
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 1a of 12
of force majeure or other casualty, indemnification in favor of the City, and remedies to the
City in the event of default, including termination rights.
SUMMARY OF CHANGES MI\DE SINCE FIRST READING AND RESPONSE TO CITY
COMMISSION COMMENTS AT FIRST READING
Commission-Requested Chanqes
At the July 31 ,2015 City Commission meeting, Commissioners provided comments and requested
that the Administration negotiate additional provisions to clarify (1) the nightclub use restriction; (2)
that Lessee cannot receive any tax abatements/subsidies of any t<ind; (3) that Lessee cannot
receive room block rebates or commissions from other Miami Beach hotels; and (4) that any
amendments to the Base Rent and "no tax abatement" provisions will require another referendum
requiring approval by sixty percent (60%) of the voters voting thereon. These Commission-
requested changes are attached hereto as Appendix 4. Portman has agreed to all of the changes
in Appendix 4.
Administration-Recommended Chanqes
The only remaining change to the Lease that has been negotiated since first reading relates to
Section 4.2(e), which generally provides that the City will not develop another hotel project on City-
owned or City-leased property from 5th Street to 41't Street for an initial term of years following the
Hotel's opening. Section 4.2(e) has been revised so that the City does not contractually limit itself
more than may be necessary with respect to potential future hotel developments on certain City-
owned sites in the vicinity of the Convention Center, particularly as to the 17th Street Garage Site
and oceanfront property on Collins Avenue between 21"1 and 22nd Streets (the "Collins Site"),
where a hotel development, if one were planned, would likely constitute the highest and best use of
such property.
Currently, the City Administration has no plans for development of any other hotel project on City-
owned land, including but not limited to the Collins Site or the 17th Street Garage Site. The
Administration recommends the foregoing provision in recognition that the initial years of the
Hotel's operation will be critical to the Hotel's success and moreover, because as a practical
matter, any other hotel development project on City-owned land would take years to plan,
competitively solicit and approve in accordance with the City Charter and City Code (including, as
applicable, approval by the voters in a City-wide referendum).
Sinqle Purpose Entitv
The City's initial lease template was released to proposers on March 4, 2015 via Addendum 3 to
the RFP, and contemplated that a "single purpose entity" would lease and operate the Hotel
Project. Specifically, "single purpose entity" was defined in the City's lease template as an entity
that, through its organizational documents, will not "engage in any business other than owning,
developing, leasing and operating the Hotel Project" and will not "acquire or own material assets
other than the Hotel Project."
During negotiations, at the specific request of the City Administration and City Attorney's Office,
Portman Holdings identified and created a single-purpose entity, Portman Miami Beach, LLC
("Portman"), a wholly-owned limited liability company of Portman Holdings, LLC, to serve as the
Lessee. ln addition, also as contemplated in the City's lease template, Portman Holdings, the
initial Proposer to the RFP, is specifically listed in the Lease as an Affiliate of the Lessee, and is
further listed in Appendix M as the sole owner of Portman Miami Beach, LLC.
498
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 11 of 12
Portman Miami Beach, LLC, far from serving as a "shell company" that will have no assets, will be
the vehicle through which Portman Holdings raises the capital/equity commitments from investors
for the Hotel Project estimated at $130-$160 million, and will be the entity that directly holds and
owns the leasehold improvements, subject to the City's rights in and to the Lease and the property.
The use of a single purpose entity to hold a real estate asset is standard in the industry and will
serve to protect the City, as it ensures that the Hotel Project, as an asset located on City-owned
land, is not commingled with other assets or affected by potential liabilities of other Portman-
related operations or subsequent lessees.
OTHER
Planning Analysis
A planning analysis, as required by Section 82-38 of the City Code, is attached hereto as
Appendix 5.
Appraisal
An appraisal of the Leased Property, as required by Section 82-39 of the City Code, is attached
hereto as Appendix 6.
Public Revenue lmpact
The Leased Property is currently a parking lot that generates $263,700 annually in revenues for
the City, along with modest revenues paid to the City for the Fillmore's use of the rehearsal/"black
box" room. lf the site is developed with a hotel annual (year 4) lease and tax revenue generated
is estimated to be $20.4 million. Over time the Hotel is estimated to generate:
. City: $369 million ($1St million NPV) over 30 years and $2.4 billion ($2gg million NPV)
over 99 years in lease payments, resort taxes, CRA revenues, property taxes and County
CDT allocations to the City.
. County: $110 million ($42 million NPV) over 30 years and $1.25 billion ($87 million NPV)
over 99 years in convention development taxes, local option sales taxes and property
taxes.
. Schools: $60 million ($24 million NPV) over 30 years and $453 million ($40 million NPV)
over 99 years in property taxes.
o State: $264 million ($1OZ million NPV) over30 years and $2 billion ($120 million NPV)
over 99 years in sales taxes.
. Total: $810 million ($3ZZ million NPV) over 30 years and $6.2 billion ($5+O million
NPV) over 99 years in lease payments and taxes.
Refer to attached Appendix 7.
Voter Referendum Requirement
The Lease is contingent upon sixty percent (60%) voter approval in accordance with Section
1.03(bX3) of the City Charter. The referendum is contemplated to occur on November 3, 2015. A
resolution adopting the ballot question will accompany this item on the September 2, 2015
Commission agenda.
499
Convention Center Headquarter Hotel - Development and Ground Lease Agreement
September 2, 2015
Page 12 of 12
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve, following
second reading/public hearing, the Development and Ground Lease Agreement ("Lease")
between the City of Miami Beach and Portman Miami Beach, LLC, attached hereto as Appendix
1, as authorized, respectively, under Section 118-4 of the City Code, Sections 163.3220 -
163.3243, Florida Statutes, and Section 82-37(a)(ii) of the City Code , for the development of an
800-room convention headquarter hotel and related facilities, including up to 95,000 square feet
of conference and ballroom facilities, and up to 37,400 square feet of restaurant facilities (the
"Hotel"), on an approximately 2.65 acre site on the northeast corner of 171h Street and
Convention Center Drive, bounded roughly by the Miami Beach Convention Center to the North,
17th Street to the South, the Fillmore Miami Beach at the Jackie Gleason Theater to the East,
and Convention Center Drive to the West (the "Leased Property"); delineating the conditions for
the design, construction, equipping and operation of the Hotel on the Leased Property, with no
City funding therefor; providing for a 99-year term of the Leased Property once certain
conditions are satisfied; prohibiting gambling establishments on the Leased Property; and
providing for annual Base Rent to the City after the Hotel opens, including the greater of
Minimum Fixed Rent or a percentage of the Gross Operating Revenues of the Hotel, among
other rent.
Exhibits:
Appendix 1: Development and Ground Lease Agreement
Appendix 2: Proposed boundaries for Leased Property
Appendix 3: Summary of Proposed Minimum Fixed Rent
Appendix 4: Commission-requested Changes
Appendix 5: Planning Analysis
Appendix 6: Appraisal
Appendix 7: Summary of Public Revenue lmpact
JLM / MH
T:\AGENDA\201S\September\MBCC Headquarter HotelV015-09-02 - Headquarter Hotel - MEMO.docx
500
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING
SECOND READING/PUBLIC HEARING, A DEVELOPMENT AND
GROUND LEASE AGREEMENT, AS AUTHORIZED, RESPECTIVELY,
UNDER SECTION 118.4 OF THE CITY CODE, SECTIONS 163.3220 .
163.3243, FLORIDA STATUTES, AND SECTION 82.37 OF THE CITY
CODE, BETWEEN THE CITY AND PORTMAN MIAMI BEACH, LLC
("PORTMAN"), FOR THE DEVELOPMENT OF AN 800-ROOM
CONVENTION HEADQUARTER HOTEL AND RELATED FACILITIES,
INCLUDING UP TO 95,OOO SQUARE FEET OF CONFERENGE AND
BALLROOM FACILITIES, AND UP TO 37,400 SQUARE FEET OF
RESTAURANT FACtLtTtES (THE "HOTEL"), ON AN AppROXtMATELy
2.65 AcRE srrE oN THE NoRTHEAST coRNER oF 17rH STREET
AND CONVENTION CENTER DRIVE, BOUNDED ROUGHLY BY THE
MIAMI BEACH CONVENTION CENTER TO THE NORTH, 17TH
STREET TO THE SOUTH, THE FILLMORE MIAMI BEACH AT THE
JACKIE GLEASON THEATER TO THE EAST, AND CONVENTION
GENTER DRTVE TO THE WEST (THE "LEASED pROpERTy");
DELINEATING THE CONDITIONS FOR THE DESIGN,
CONSTRUCTION, EQUIPPING AND OPERATION OF THE HOTEL ON
THE LEASED PROPERW, WITH NO CITY FUNDING THEREFOR;
PROVIDING FOR A gg.YEAR TERM OF THE LEASED PROPERW
ONCE CERTAIN CONDITIONS ARE SATISFIED; PROHIBITING
GAMBLING ESTABLISHMENTS ON THE LEASED PROPERW; AND
PROVIDING FOR ANNUAL BASE RENT TO THE GITY, AFTER THE
HOTEL OPENS, OF THE GREATER OF MINIMUM FIXED RENT OR A
PERCENTAGE OF THE GROSS OPERATING REVENUES OF THE
HOTEL, AMONG OTHER RENT.
WHEREAS, the Mayor and City Commission desire to promote economic development
within the City of Miami Beach by attracting a more robust mix of conferences and conventions
to the Miami Beach Convention Center ("MBCC" or "Convention Center"), including "fly-in"
conferences and conventions drawing national and international attendance, that would reduce
the MBCC's reliance on "drive-in" events that primarily attract local/commuter attendance; and
WHEREAS, in support of the foregoing and in an effort to maintain the competitiveness
of the Convention Center as a local and regional asset that supports the South Florida tourism
economy, the City is proceeding with the Miami Beach Convention Center Renovation and
Expansion Project (the "MBCC Renovation Project"), a public construction project that includes
a complete renovation of the MBCC, expansion of ballroom and auxiliary spaces, parking above
portions of the MBCC, exterior landscaping, and creation of a 6.5 acre public park; and
WHEREAS, in addition to and separate from the MBCC Renovation Project, the City
desires to attract more "fly-in" conferences and conventions to the MBCC through the
development of a convention headquarter hotel that is (i) entirely privately-funded; (ii)
sufficiently close to the Convention Center to serve as an "on-site" hotel option for conference
501
attendees; and (iii) large enough to provide the group room blocks necessary to support and
secure national and international conferences and conventions at the Convention Center; and
WHEREAS, on November 19, 2014, the Mayor and City Commission adopted
Resolution No. 2014-28836, approving an Amended and Restated lnterlocal Cooperation
Agreement between the City and Miami-Dade County ("County"), whereby, in recognition that a
convention hotel in the proximity of the Convention Center will generate additional Convention
Development Tax ("CDT") and resort tax revenues, the County has agreed to provide the City
with up to $1,500,000 per year in an additional allocation of CDT revenues once a convention
hotel opens, with such additional payments to the City continuing annually until 2048; and
WHEREAS, on January 27, 2015, the City Commission authorized the issuance of
Request for Proposals No. 2015-103-ME for the Development of a Headquarter Convention
Hotel Adjacent to the Miami Beach Convention Center (the RFP), with an opening date of April
10,2015; and
WHEREAS, the RFP solicited proposals for the development of an approximately (but
not to exceed) 800-room hotel and related hotel facilities (the "Hotel") on approximately 2.65
acres on the northeastcornerof 17th Streetand Convention Center Drive, bounded roughly by
the Miami Beach Convention Center to the North, 17th Street to the South, the Fillmore Miami
Beach at the Jackie Gleason Theater to the East, and Convention Center Drive to the West, as
described in Appendix 2 to the September 2,2015 Commission Memorandum accompanying
this Resolution (the "Leased Property"); and
WHEREAS, the City received proposals from the following firms: (1) Portman Holdings,
LLC; and (2) Oxford Capital Group/RLB Swerdling ("Oxford Capital"); and
WHEREAS, on April 21, 2015, the City Manager notified Oxford Capital that its proposal
was not responsive to the RFP's minimum requirements; and
WHEREAS, on April 29,2015, the City Manager, via Letter to Commission (LTC) No.
176-2015, appointed an Evaluation Committee (the "Committee"), which convened on May 7,
2015 to interview the Portman Holdings team and consider its proposal; and
WHEREAS, on May 20,2015, the Mayor and City Commission approved Resolution No.
2015-29029, authorizing the Administration to negotiate a Development and Ground Lease
Agreement, including a Room Block Agreement (collectively, the "Lease") with Portman
Holdings, LLC, with said Lease subject to prior approval by the Mayor and City Commission
before the final execution thereof; and
WHEREAS, as contemplated by the City's initial lease template included in Addendum 3
of the RFP, and at the request of the City Administration and the City Attorney's Office, Portman
Holdings has created a wholly-owned single-purpose limited liability company, Portman Miami
Beach, LLC ("Portman") to serve as Lessee; and
WHEREAS, on June 3,2015, the Finance and Citywide Projects Committee reviewed
and approved the terms of the proposed Lease, as required pursuant to Section 82-37(a)(1) of
the City Code; and
502
WHEREAS, the Planning Department has completed a planning analysis, attached as
Appendix 5 to the September 2, 2015 Commission Memorandum accompanying this
Resolution, using the criteria set forth in Section 82-39 of the City Code; and
WHEREAS, the City has obtained an independent appraisal of the Leased Property,
attached as Appendix 6 to the September 2,2015 Commission Memorandum accompanying
this Resolution, in accordance with Section 82-39(b) of the City Code; and
WHEREAS, as part of the Lease, Portman will also be seeking to enter into a
development agreement with the City pursuant to Sections 163.3220 - 163.3243, Florida
Statutes, to memorialize, among other provisions, the terms and conditions for the development
of the Hotel Project (as hereinafter defined); and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, and Section 118-4 of the
City's Code require two public hearings for a development agreement, and Section 82-37(a)(2)
of the City Code also requires two readings of the proposed Lease, with the second reading to
be accompanied by a public hearing; and
WHEREAS, the Administration and Portman have negotiated the Lease, attached as
Appendix 1 to the September 2, 2015 Commission Memorandum accompanying this
Resolution, and incorporated herein by reference; and
WHEREAS, the Administration and Portman have negotiated the Room Block
Agreement, attached as Exhibit "L" to the Lease; and
WHEREAS, on July 31, 2015, following a duly noticed public hearing, the Mayor and
City Commission approved the Lease at first reading; and
WHEREAS, the Lease provides, among other provisions, the following terms and
conditions:
a. The Hotel will include approximately (but not to exceed) 800 rooms, up to 95,000 square
feet of meeting facilities, up to 37,400 square feet of restaurant facilities, 320 parking
spaces (.4 parking spaces per room, as required by the City's Land Development
Regulations), the installation of all furniture, fixtures and equipment required for the
Hotel, an overhead pedestrian walkway connecting the Hotel with the MBCC
("Skybridge"), and all supporting amenities and related facilities (collectively, the "Hotel
Project"), with a maximum height for the Hotel Project of up to 300 feet (in accordance
with the City's Land Development Regulations); and
b. Portman will be solely responsible for all costs and expenses to develop, design,
construct, finance, equip and operate the Hotel Project, with no City funding or financing
for the Hotel Project; and
c. The Lease includes the City's approval, in its proprietary capacity as owner of the
Leased Property, of the preliminary concept design for the Hotel Project attached as
Exhibit "E" to the Lease. Notwithstanding the preceding, and in further recognition that
the design for the Hotel Project will evolve as part of the City's regulatory development
process, including review and approval by the City's Design Review Board, the Lease
also requires the City's approval of substantial design changes to the Hotel Project,
503
d.
e.
including any change that materially affects the exterior fagade or other exterior
elements of the Hotel Project; and
The term of the Lease is for a period of 99 years, commencing once Portman meets
certain key milestones with respect to the development and financing of the Hotel
Project (referred to in the Lease as Possession Conditions); and
The Leased Property cannot be used as a Gaming Establishment (i.e. casinos or other
gambling or wagering activities), and Portman and/or subsequent owners of the Hotel
Project cannot own, manage or operate a Gaming Establishment in Miami-Dade County.
The Lease provides that the foregoing provisions cannot be amended without a 6l7th
vote of the City Commission and approval by at least sixty percent (60%) of the voters
voting thereon in a City-wide referendum; and
The Leased Property must be continuously operated as a Hotel. The hotel brand, or
"flag" of the Hotel, must be an "Approved Brand," which may include Marriott, Westin,
Omni, Hyatt Regency, Sheraton, La Meridien, Hilton, or any other brand approved by the
City, in its sole discretion. The Hotel must be developed and operated so as to be able
to obtain and continuously maintain a four-diamond rating from the American Automobile
Association ('A/AA") (the "Hotel Standards"); and
The Hotel Operator must either be an Approved Brand or a management company with
a franchise agreement with an Approved Brand. The Hotel Operator must operate the
Hotel in accordance with the Hotel Standards and must comply with the Room Block
Agreement; and
As of the Rent Commencement Date (defined in the Lease as the later of (i) the Hotel's
Opening Date, and (ii) the completion of construction at the MBCC such that the four
main exhibition halls may be used for events), the City will receive, as annual Base Rent,
the greater of (x) Minimum Fixed Rent (as specified in the Lease), or (y) a fixed
percentage of the Gross Operating Revenues of the Hotel Project, with such Gross
Operating Revenues defined to include all revenues and income from gross room sales,
gross food and beverage sales (whether a food and beverage establishment is operated
by Lessee or a Subtenant), catering receipts, internet services charges, in-room video
charges, parking and valet service receipts, among other revenues; and
After the end of the Third Rent Year (as defined in the Lease) and for each year of the
Term thereafter, the City will receive annual Base Rent, in the amount of the greater of
(x) the Minimum Fixed Rent or (y) 2.5o/o of Gross Operating Revenues; and
The City will also receive, as Additional Base Rent, up to 2.5o/o of Gross Operating
Revenues if certain prolected Gross Operating Revenue hurdles/targets are exceeded;
and
The City will also receive Transaction Rent, in the amount of a fixed percentage of the
gross sales price of the first three Transfers of the Hotel Project that effect a sale of the
entire Hotel Project or a transfer of a controlling interest (more than 50% interest) in the
Lessee; provided that with the first such Transfer, Transaction Rent is only due if the
gross sales price exceeds $580 million (or pro rata portion if the first Transfer is of a
controlling interest in Lessee); and
f.
g.
h.
k.
504
t.With respect to all Transfers and, in particular, Transfers effecting a sale of the Hotel
Project or a Controlling interest in Lessee, the City shall have the right to approve
Transfers in accordance with the Acceptable Owner criteria and process outlined in
Exhibit "A" of the Lease, including limitations with respect to Transfers to Foreign
lnstrumentalities; and
The City's rights and interest in the Lease, including with respect to all Rent payments,
will not be subordinate to any debt, mortgage, lien or encumbrance placed on Portman's
(or any subsequent owner's) interest in the Lease; and
Throughout the Term of the Lease, Portman (or any subsequent Lessee) must pay all
applicable ad valorem taxes and other public charges, with no tax abatements or
subsidies of any kind provided by the City; and
WHEREAS, if approved by the City Commission, the Lease is also subject to approval by
vote of at least 60% of the voters voting thereon in a City-wide referendum, pursuant to Section
1.03(bX3) of the City Charter.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND C!ry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, following second reading/public hearing, a Development and
Ground Lease Agreement, as authorized, respectively, under Section 118-4 of the City Code,
Sections 163.3220 - 163.3243, Florida Statutes, and Section 82-37 of the City Code, between
the City and Portman Miami Beach, LLC ("Portman"), for the development of an 800-room
convention headquarter hotel and related facilities, including up to 95,000 square feet of
conference and ballroom facilities, and up to 37,400 square feet of restaurant facilities (the
"Hotel"), on an approximately 2.65 acre site on the northeast corner of 17th Street and
Convention Center Drive and bounded roughly by the Miami Beach Convention Center to the
North, 17th Street to the South, the Fillmore Miami Beach at the Jackie Gleason Theater to the
East, and Convention Center Drive to the West (the "Leased Property"); delineating the
conditions for the design, construction, equipping and operation of the Hotel on the Leased
Property, with no City funding therefor; providing for a 99-year term of the Leased Property once
certain conditions are satisfied; prohibiting gambling establishments on the Leased Property;
and providing for annual Base Rent to the City, after the Hotel opens, of the greater of Minimum
Fixed Rent or a percentage of the Gross Operating Revenues of the Hotel, among other rent.
m.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of 2015.
.APPTVEDASrO
FORM & T^NGIJAGE
lFoR EXECtfirctl
],-r C*J- apt(6E ra-r-E-
505
APPENDIX 1
506
APPENDIX 1
DEVELOPMENT AND GROUND LEASE AGREEMENT
between
PORTMAN MIAMI BEACH, LLC, A
Delaware limited liability company
and
CITY OF MIAMI BEACH, A
Florida municipal corporation
September 2,2015
507
TABLE OF CONTENTS
VOTER REFERENDUM, EFFECTIVE DATE AND DEFINITIONS ........................ 2
SEcroN 1.1. VorER REFERENDUM REQU|REMENT............... .......................2
THE HOTET PROJECT |MPROVEMENTS.............. ....................18
SEcnoN 2.1. DEvrLopurrur nND CoNFoRMrry oF PLANS ..........................18
SEcroN 2.3. LESSEE'S HorEL PRoJEcr OslrcarroNrs.. ..........19
SECToN 2.4. PAYMENT oF Hore l Pnolrcr Cosrs ........... .........................20
SEcroN 2.5. FTNANCTNG MArrERS........ .......2O
SEcloN 2.6. No CLAIM FoR VALUE oF LESSEE 1MpRovEMENTS................... .....................21
SEcnoN 2.7. ScHeouu oF PERFoRMANCE................. ........21
SEcnoN 2.8. CoNSTRUCfloN OBLTGAToNS ........................21
Srcrroru 2.9. PRocREss oF CoNSTRUcron/Crw's REpREsENrArvE................... ..............23
Srcrroru 2.11. Corurvecrroru oF BurLDrNGs ro UTrLrrEs .........24
Srcloru 2.12. PERMrrs AND AppRovA6........ ......................25
SEcroN 2.13. C|TY aruo LESSEE ro JorN rN CERTATN AcroNs .......................25
SECTION 2.14. CoMPLIANCE WITH LAWS .........25
SEcroN2.15. ALTERAT|oNSANDRENovAroNS.................. .......................25
SECToN 2.16. ARr rN PuBLrc PLACES .......... ........................25
IAND USES AND DEVETOPMENT O8UGAT!ONS.................. ......................25
SEcnoN 3.1. Covrruarur REGARDTNG LAND UsEs...... ...........25
SECTIoN 3.2. APPLICATIoNS FoR DEVELoPMENT APPRoVALS AND DEVELoPMENT PERMITS... ......................26
SECION 3.4. COMIpIIaIICT W|TH LOCAL REGULATIoNS REGARDING DEVELOPMENT PERMITS......... ..............26
SEcIoN 3.5. CoNStsrENcy wrrH Tsr Crw's CorupRruerusrvE PlAN........... .......................26
SEcloN 3.6. PRESENTLv Prnurrrro DEVELopMENT. ............26
SECION 3,7. PUBLIC FACILITIESTo SERVE THE LEASED PRoPERTY....... ..........26
SEcnoN 3.8. PuBLrc RESERVATToNS, DEDTCATToNS .............. .....................26
Secrroru 3.9. REeUTRED DEVELoPMENT PERMrrs......... ........26
Srcroru 3.10. REspoNsrBLE WAGES AND LocAL EMpLovMENT............. ........27
SEcrroru 3.11. Llws GoveRrurNG THrs LEASE ........................27
SEcrroru 3.12. DURATToN oF DEVELoPMENT RrGHTs...... ........27
SECnoN 3.13. LESSEE'S R|GHT oF TERM|NATIoN.......... ..........27
SEcnoN 4.1. LEASE oF LEASED PRopERTy ro............. ..........27
Secrror 4.2. REsrRrcrvE CoVENANTS.... ...........................31
SECTToN 4.4. RENT AND Orurn P1yurrurs................. ........34
SEcroN 4.5. Covrrunrurs FoR PAvMENT oF PuBLrc CHane es By LESSEE....... .....................38
SECTIoN 5.1. PURPoSE oF RESTRICTIoNS oN TRANSFER .........40
508
SECTToN 5.4. TRANSFER ReeutRtNc Crry's AppRova1.................... ............41
SEcloN 5.5. Errrcrrvrrurss oF TRANSFERS. .......................42
MORTGAGE FINANCING; RIGHTS OF MORTGAGEE AND TESSEE ...............43
SEcroN 6.1. Coworrrorus oF FTNANCTNG AND LEASEHoLD MoRTGAGE.... ..........................43
SECTIoN 6.2. No WATvER oF LESSEE's OBLtGATtoNS oR Ctry's RtGHTs........... ...................48
REMEDIES; EVENTS OF DEFAUTT ......................49
SECIoN 7.2. Rrurorrs roR LESsEE'S DEFAULT......... ...........52
SEcroN7.3. DrraurrByrHEctry..... ..........54
SECTIoN 7.4. FoRcE MA,EURE AND EcoNoMIc FoRcE MAJEURE....... ..........54
SEcroN 7.5. REMEDTES Cuuurnrrve; WATVER ...................55
SEcroN 7.7. RooM BLoCKAGREEMENr...... ......................55
SEcnoN 7.9. EXPEDITED ARBITRATIoN oF DEVELoPMENT DISPUTES. ...........,56
SEcnoN 7.10. DrspurEs REGARDTNG DrsAppRovAl oF A PRoposED BRAND oR PRoposED TRANSFEREE..............................58
PROTECTTON AGATNST MECHANTCS' uENS........... ................50
AND OTHER CLAIMS; !NDEMN|F!CAT!ON.............. ................50
SECTION 8.1. LESSEE,S DUw To KEEP PRoJEcr FREE oF 1IENS.............. ........60
SECIoN 8.5. LtMrrATroN or Crw's LrABrLrry ......................64
INSURANCE AND RECONSTRUCTTON ................54
Seclon 9.1. GrNenaL lNsuRANcE PRovrsroNs..... ..............64
SEcroN 9.2. EVTDENCE oF INSURANCE. .........65
SEcroN 9.4. PREMTUMS AND RENEWALS....... .....................67
SEcroN 9.5. ADEeuAcy Or lrusunnncr Covenncr .............67
SECTToN 9.5. Cry Mny PRocuRE lNsuRANcE tF LESSEE FAtLs To Do So............ ................67
SEcnoN 9.7. EFFECT oF Loss oR DAMAGE......... .................67
SECTToN 9.11. Wnrve n or Sugnocarror,r. .......69
SEcroN 9.12. lNADEeuAcy oF INSURANCE PRoCEEDS....... ..........................69
Secrrou 9.13. No Cry OBLTGATToN To PRovrDE PRopERry lNsuRANCE..... .........................69
SEcnoN 10.2. PARTAL CoNDEMNATIoN........ ......................7t
SEcroN 10.3. RESToRATToN Arrn CoruorrraNATroN.......... ........................7L
509
SEcroN 10.6. PAYMENT oF FEES AND Cosrs............ ............72
QUIET ENJOYMENT AND OWNERSHTP OF IMPROVEMENTS ............. ........72
Srcrroru 11.3. MnrruTErunrucr aND OpERATtoN or lupRovrueNrs ............... .....................72
SEcroN 11.4. OwNERsHrp oF IMPRoVEMENTS DUR|NG LEASE ............ .........72
SECTION 11.5. SURRENDER oF LEASED PRoPERTY....... ............73
SEcroN 12.5. MATNTENANCE AND REpAIRS... .......................73
SECTToN 12.7. WareRaruoSewERAcESysrrru.......... ...........74
SEcloN 12.8. INDUSTRIAL WAsrr Fnctrrrrs.. ......................74
SEcloN 12.10. FATLURE oF LESSEE To MArNrArN...... ..............75
SEcloN 13.2. Coveruerur ro CoNTrNUousLy Ope Rare HorEL ........... ..........76
SEcnoN 14.1. No PARTNERSHTP oRJorNrVENrURE ............. ......................77
SEcroN L4.2. RECoRDTNG, DocuurrurnRy Sravps.......... .........................77
SECnON 14.3. FLORIDAAND LocAL LAWS PREVAIL.......... .......77
SEcroN 14.4. No Corrucrs oF INTEREST.... .......................78
SECfloN 14.7. PRovrsroNs Nor MERGEDWTTH DEED........ ..........................79
SEcloN 14.8. TILES oF ARTTcLES AND SEcroNS ..................79
SEcloN 14.10. Succrssons AND AsstcNS; No THrRD PARTv BENEFtctARtES............. .............79
SEcroN 14.13. NoN-SuBoRDrNATroN oF Crw's lurenesr ........80
SECnoN 14.14. Cm MaruacEn's DELrcarroAurHoRlry. .......80
SECfloN 14.17. No LrABrLtry FoRAppRovALsAND 1NspEcIoNs................. .........................81
SECfoN 14.20. INFLATToN ADJUsrMENrs. ........81
SEcroN 14.21. STANDARD or Coruoucr ..........81
SEcroN 14.22. WATVER oF ConsreurrurraL DAMAGES ...........81
SEcroN 14.23. RESERVATToN oF R|GHTS...... .........................82
510
List of Exhibits
EXHIBIT "A" Acceptable Owner Definition
EXHIBIT "B" Hotel Standards
EXHIBIT "C" Budgeted lmprovement Costs
EXHIBIT "D" Legal Description of Hotel Site..........
EXHIBIT "E" Approved Plans...
EXHIBIT "F" Schedule of Performance
EXHIBIT "G" Form of Easements.............
EXHIBIT "H" Presently Permitted Development............
EXHIBIT "!" Public Facilities
EXHIBIT "J" Public Reservations and Dedications...............
EXHIBIT "K" Required Development Permits and Variances
EXHIBIT "L" Room Block Agreement
EXHIBIT "M" Ownership lnterests in Lessee.............
EXHIBIT "N" Uniform System Summary of Operating Statement................
EXHIBIT "O" Transaction Rent
EXHIBIT "P" Location of Geothermal System..............
EXHIBlT "Q'' RESERVED.......
EXHIBIT "R" Minimum Fixed Rent.........
EXHIBIT "S" Mandatory Hotel Project Design Elements
EXHIBIT "T" Lessee's LLC Documents
EXHIBIT "U" Fillmore Theater Parking
lExhibit paqes to be numbered prior to execution of Leasel
511
DEVELOPMENT AND GROUND LEASE AGREEMENT
THIS DEVELOPMENT AND GROUND LEASE AGREEMENT ("Lease") is executed as
ofthe day of 2015, by and between the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation (the "City") and PORTMAN MIAMI BEACH, LLC, a Delaware
limited liability company (the "Lessee").
REC!TALS:
A. The City has a material interest in maximizing the performance of the Miami
Beach Convention Center (as hereinafter defined in Section 1.3) and encouraging convention
and tourism business in the City. To further those goals, the City desires to facilitate
development of an adjacent full service convention center headquarter hotel on real property
owned by the City and described more fully in Exhibit "D" hereto, to be connected to the
Convention Center by an enclosed overhead pedestrian Skybridge (as hereinafter defined in
Section 1.3).
B. The City is a Florida municipal corporation with powers and authority conferred
under the Florida Constitution, the Municipal Home Rule Powers Act set forth in Chapter 166 of
the Florida Statutes, and the Miami Beach City Charter and Code of Ordinances (the "City
Code"). The City has all governmental, corporate and proprietary powers to enable it to conduct
municipal government, perform municipal and governmental functions, and render municipal
services, including the authority to adopt, implement and enforce (together with any other
required Governmental Approvals) comprehensive plans, zoning ordinances, redevelopment
plans, and other police power and legislative measures necessary to assure the health, safety
and general welfare of the City and its inhabitants.
C. This Lease, among other things, is intended to and shall constitute a
development agreement between the parties pursuant to Sections 163.3220-163.3243, Florida
Statutes, the "Florida Local Government Development Agreement Act" and Section 118-4 of the
City's Code.
D. On or about January 29,2015, the City issued Request for Proposal No. 2015-
103-ME, for the Development of a Convention Hotel Adjacent to the Miami Beach Convention
Center ("RFP"). After a competitive RFP process, and the City having fully considered this
Lease at two duly noticed public hearings in compliance with Section 163.3225 of the Act;
having determined that the Hotel Project (as hereinafter defined in Section 1.3) and this Lease
are in compliance with the City's Comprehensive Plan and Land Development Regulations (as
each are hereinafter defined in Section 1.3) as of September 2, 2015; and having further
determined that it is in the City's best interest to address the issues covered by this Lease in a
comprehensive manner, in compliance with all applicable laws, ordinances, plans, rules and
regulations of the City, the City has agreed to enter into this Lease with the Lessee, subject to
the terms and conditions herein.
E. On September 2, 2015, the City Commission, by Resolution Number R-_,
approved the execution of this Lease.
512
NOW THEREFORE, for and in consideration of the foregoing, and of the mutual
covenants and agreements contained herein, the parties agree as follows:
ARTICLE I
VOTER REFERENDUM. EFFECTIVE DATE AND DEFINITIONS
Section 1.1. Voter Referendum Requirement. The parties acknowledge and agree that,
pursuant to Section 1.03(bX3) of the City Code, this Lease and the obligations herein are
subject to and contingent upon the approval of this Lease by vote of at least sixty percent (60%)
of the voters voting thereon in a City-wide referendum ("Referendum"). ln the event the
Referendum is not successful, or if the ballot question is removed or election results are
invalidated by a court of competent jurisdiction, this Lease shall be deemed null and void and
the parties shall have no obligations or liabilities of any kind or nature whatsoever hereunder.
Section 1.2. Effective Date. lf the Referendum is successful and all requirements of the City
Code and applicable law are satisfied, this Lease shall be effective upon the City Commission's
adoption of a resolution accepting the certification of the official results of the November 3,2015
election with respect to the Referendum ("Effective Date").
Section 1.3. Defined Terms. As used herein the term:
"Acceptable Owner" has the meaning ascribed to it in Exhibit "A".
"Additional Base Rent" shall have the meaning ascribed to it in Section a.a@).
"Additional Rent" means any and all payments required of Lessee to the City by the terms of
this Lease other than Base Rent.
tt4ffillster means, regarding any Person:
(a) any other Person directly or indirectly Controlling, Controlled by or under
common Controlwith such Person;
(b)
Person; or
any officer, director, general partner, member, manager or trustee of such
(c) any other Person who is an officer, director, general partner, member, manager
or trustee of such Person described in clauses (a) or (b) of this sentence.
When' used in reference to Lessee, for so long as Portman Holdings, LLC (or any of its
Affiliates) holds an interest, directly or indirectly, in Lessee, "Affiliate" shall include any Person
Controlling, Controlled by, or under common Control with Portman Holdings, LLC.
2
513
"Approval, Approve or Approved" means the written approval or consent of a Party, which
unless otherurise specified herein by reference to "sole discretion" or words of similar effect,
shall be commercially reasonable and made in good faith and with due diligence.
"Approved Brand" means (a) each of the following national hotel operators but only if its
reputation for quality and quality of operation, at the time Lessee engages such operator, is
generally known and recognized by the hotel industry as not having substantially declined, as of
the time in question, in comparison to their reputation for quality and quality of operation as of
the Effective Date: Marriott (i.e., the Marriott, Marriott Marquis or JW Marriott brands), Westin,
Omni, Hyatt Regency, Sheraton, La Meridien, or Hilton, or (b) any other hotel operator
Approved by City in its reasonable discretion.
"Approved Operator" means (a) any Approved Brand or (b) any management company
approved by the Approved Brand to serve as the Hotel Operator pursuant to a franchise
agreement with the Approved Brand.
"Approved Plans" means the renderings and diagrams attached hereto as Exhibit "E" depicting
the Mandatory Hotel Project Design Elements (other than the Skybridge), which renderings and
diagrams the City has Approved as of the Effective Date, as may be modified from time to time
in accordance with the terms of this Lease.
"Approved Skybridqe and Off-Site lmprovements Plans" means the renderings and diagrams
depicting the Skybridge and Off-Site lmprovements to be Approved by the City Manager prior to
the Possession Date, which, following Approval by the City Manager, may be modified from time
to time in the same manner as the Approved Plans in accordance with the terms of this Lease.
The Skybridge will have finishes consistent with the finishes in the connecting point in the
Convention Center. The repairs to the Fillmore Theater as part of the Off-Site lmprovements will
be done consistently with the quality of the Fillmore Theater prior to the work being done by
Lessee in connection with the Hotel Project.
"@('shall have the meaning ascribed to it in Section 7.10(a).
"Assionment of Contracts and Aqreements" means an assignment from Lessee, as assignor, to
the City, as assignee, assigning in favor of the City all of Lessee's right, title and interest in and
to all contracts and agreements (other than the Hotel Project General Construction Contract and
the Assignment of Plans and Approvals) executed in connection with the design, construction
and equipping of the Hotel Project prior to the Completion of Construction, including such
contracts and agreements with design professionals, on a non-recourse basis without any
warranties or representations from Lessee, which assignment shall be in form and substance
reasonably satisfactory to the City (together with any necessary consents required in connection
with such assignment), which assignment shall be an absolute assignment from Lessee to the
City, provided that for so long as no Event of Default has occurred and is continuing hereunder,
the City shall give Lessee a license of all such contracts and agreements, with the right to
enforce all of the terms thereof, for the duration of the Term; provided, further that for so long as
a First Leasehold Mortgage encumbers the Hotel Project, the City agrees to permit Lessee to
make a pari passu assignment of such contracts and agreements to such First Leasehold
514
Mortgagee (which First Leasehold Mortgagee shall have priority with respect thereto pursuant to
the non-disturbance and attornment agreement entered into pursuant to Section 6.1(b) hereof).
"Assiqnment of Hotel Proiect General Construction Contract" means an assignment from
Lessee, as assignor, to the City, as assignee, assigning in favor of the City all of Lessee's right,
title and interest in and to the Hotel Project General Construction Contract, which assignment
shall include a duly executed consent by the Hotel Project General Contractor and shall
othenvise be in form and substance reasonably satisfactory to the City (together with any
necessary consents required in connection with such assignment), which assignment shall be
an absolute assignment from Lessee to the City, provided that for so long as no Event of Default
has occurred and is continuing hereunder, the City shall give Lessee a license of the Hotel
Project General Construction Contract, with the right to enforce all of the terms thereof, for the
duration of the Term; provided, further that for so long as a First Leasehold Mortgage
encumbers the Hotel Project, the City agrees to permit Lessee to make a pari passu assignment
of the Hotel Project General Construction Contract to such First Leasehold Mortgagee (which
First Leasehold Mortgagee shall have priority with respect thereto pursuant to the non-
disturbance and attornment agreement entered into pursuant to Section 6.1(b) hereof).
"Assiqnment of Plans and Approvals" means an assignment from Lessee, as assignor, to the
City, as assignee, assigning in favor of the City all of Lessee's right, title and interest in and to
all Approved Plans, designs, Governmental Approvals and other work product produced by
Lessee and any other Person for use in the development, construction and operation of the
Work, which assignment shall include a duly executed consent by each Person other than the
Lessee having an interest in such Approved Plans, designs, Governmental Approvals and other
work product and shall otheruvise be in form and substance reasonably satisfactory to the City
(together with any necessary consents required in connection with such assignment), which
assignment shall be an absolute assignment from Lessee to the City, provided that for so long
as no Event of Default has occurred and is continuing hereunder, the City shall give Lessee a
license of all such Approved Plans, designs, Governmental Approvals and other work product
assigned to the City for the duration of the Term; provided, further that for so long as a First
Leasehold Mortgage encumbers the Hotel Project, the City agrees to permit Lessee to make a
pari passu assignment of such Approved Plans, designs, Governmental Approvals and other
work product to such First Leasehold Mortgagee (which First Leasehold Mortgagee shall have
priority with respect thereto pursuant to the non-disturbance and attornment agreement entered
into pursuant to Section 6.1(b) hereof).
"Audited Gross Operatinq Revenues Schedule" means a schedule prepared in accordance with
GAAP and GAAS, and showing all Gross Operating Revenues for a Lease Year. Such Audited
Gross Operating Revenues shall be based on Lessee's audited financial statements for such
Lease Year.
"Bankruotcy Code" means Title 11 of the United States Code entitled "Bankruptcy," as
amended.
4
515
"Base Rent" shall have the meaning ascribed to it in Section a.a@).
"Brand Approvals" means the written confirmation from the lnitial Hotel Operator approving the
design of the Hotel Project, and, prior to Opening, approving the FF&E to be installed in the
Hotel Project.
"Budqeted lmprovement Costs" means the estimated lmprovement Costs as of the date hereof,
as set forth in Exhibit "C".
"Business Dav" means a day other than a Saturday, a Sunday or a day on which the offices of
the City, or national banks in Miami-Dade County, Florida are closed for business.
''@.'meanSacertificateofoccupancyorcertificateofcompletion,aS
applicable, for the buildings and structures on the Leased Property, and shall include any such
certificate designated as "Temporary" in nature, provided it allows for occupancy of the Hotel by
paying guests.
rrftrr shall mean the City of Miami Beach, a Florida municipal corporation, having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. ln all respects
hereunder, City's obligations and performance is pursuant to City's position as the owner of the
Hotel Site acting in its proprietary capacity. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and the enforcement of any
rules, regulations, laws and ordinances (including through the exercise of the City's building,
fire, code enforcement, police department or othenrvise) shall be deemed to have occurred
pursuant to City's regulatory authority as a governmental body and shall not be attributable in
any manner to City as a party to this Lease or in any way be deemed in conflict with, or a default
under, the City's obligations hereunder.
"Citv Code" has the meaning ascribed to it in the recitals hereto.
"Citv Commission" shall mean the governing and legislative body of the City.
"Citv Delays" shall mean the number of days in which the City performs any obligation under
Section 2.13 hereof in excess of the number of days set forth for such performance therein.
"Citv Manaqef'shall mean the Chief Administrative Officer of the City. The City Manager shall
be construed to include any duly authorized representatives designated in writing with respect to
any specific matter(s) concerning this Lease (exclusive of those authorizations reserved to the
City Commission or regulatory or administrative bodies having jurisdiction over any matter(s)
related to this Lease).
"Citv's Representative" has the meaning ascribed to it in Section 2.9(b).
"Commence Construction" or "Commencement of Construction" means, with respect to the
Hotel Project, the commencement of bona-fide pouring of the concrete foundation for the Hotel
Project, provided that the pour is completed in the ordinary course.
"Commencement of Construction of the MBCC Proiect" means the commencement of
construction of the MBCC Project, as evidenced by the execution of the guaranteed maximum
516
price amendment to the construction contract between the City and Clark Construction Group,
LLC and the issuance by the City of a notice to proceed thereunder.
"Complete Construction" or "Completion of Construction" means the date Lessee has completed
the Hotel Project substantially in accordance with the requirements of the Approved Plans and
all conditions of permits and regulatory agencies have been satisfied, all Governmental
Authorities have issued a Certificate of Occupancy, the Hotel has been accepted by the Hotel
Operator, and the Hotel Project is ready for occupancy, utilization and continuous commercial
operation for the uses and purposes intended by this Lease, without material interference from
incomplete or improperly completed Work, and substantially all of the FF&E required for the
Opening Date has been purchased, delivered to and installed in the Hotel Project.
"Comprehensive Plan" means the comprehensive plan which the City Commission has adopted
and implemented for the redevelopment and continuing development of the City pursuant to
Chapter 163 Part ll, of the Florida Statutes.
"Concurrencv Requirements" shall have the meaning ascribed to it in Section 3.3.
"Construction Lender" means the lnstitutional Lender selected by Lessee to provide the
Construction Loan.
"Construction Loan" means the loan or loans to be provided by the Construction Lender(s) to
the Lessee for development and construction of the Hotel Project in an aggregate amount not
more than 650/o of the Budgeted lmprovement Costs.
"Construction Loan Commitment" means a financing commitment by the Construction Lender
that has been executed and delivered by and between Lessee and the Construction Lender(s)
that confirms availability of the Construction Loan to fund the construction of the Hotel Project in
accordance with the requirements of this Lease.
"@ilIgl," "Controllinq" or "Controlled" means the possession, directly or indirectly, of the power
to direct or cause the direction of the management and policies of a Person, whether through
the ownership of voting securities, by contract, by Governmental Requirements or othenuise, or
the power to elect in excess of fifty percent (50%) of the directors, managers, general partners
or other Persons exercising similar authority with respect to such Person (it being acknowledged
that a Person shall not be deemed to lack Control of another Person even though certain
decisions may be subject to "major decision" consent or approval rights of limited partners,
shareholders or members, as applicable).
"Convention Center" means the Miami Beach Convention Center located at 1901 Convention
Center Drive, Miami Beach, Florida, 33139.
"Corrective Action Work" has the meaning ascribed to it in Section 8.a(a)(vii).
trCPAtr means a national firm of certified public accountants Approved by the City Manager,
used by Lessee for the purpose of certifying the annual reports, its financial condition or for any
other purpose specified herein.
"Credit Enhancement" means a credit enhancement with respect to, or guaranty of, the
financing for the Hotel provided by a Hotel Operator, or an Affiliate thereof.
6
517
"Debt Service Coveraqe Ratio" means the ratio of: (i) Gross Operating Profit for the previous
twelve (12) months; to (ii) the amount of Debt Service Payments actually required to be paid in
such twelve (12) months. For example, if Gross Operating Revenues for a particular twelve (12)
months equal $3,700,000, Project Expenses equal $1,000,000 and Debt Service Payments
actually required to be paid equal $1,800,000, the Debt Service Coverage Ratio for that twelve
(12) months would be 1.50.
"Debt Service Payments" means all principal, interest and other sums and amounts paid or
payable by Lessee for or during the applicable or pertinent period, in connection with any debt
secured by a Leasehold Mortgage.
".@.U.!l_@," means an interest rate equal to five percent (5%) per annum above the highest
annual prime rate (or base rate) published from time-totime in The Wall Street Journal under
the heading "Money Rates" or any successor heading as being the rate in effect for corporate
loans at large U.S. money center commercial banks (whether or not such rate has actually been
charged by any such bank) or if such rate is no longer published, then the highest annual rate
charged from time-to-time at a large U.S. money center commercial bank, selected by the City,
on short term, unsecured loans to its most creditworthy large corporate borrowers.
"Deficiencv" shall have the meaning ascribed to it in Section 7.2(bxii).
"Development Arbitrator" shall have the meaning ascribed to it in Section 7.9(b).
"Development Disoute" means any dispute between Lessee and City (acting in its proprietary
capacity) arising prior to the Opening Date with respect to (i) whether a modification to the Hotel
Project is a substantial deviation from the Approved Plans or a Prohibited Hotel Project Change
requiring City's Approval pursuant to Section 2.2; (ii) any contention that City has unreasonably
failed to Approve modifications to the Approved Plans in accordance with this Lease; (iii) any
contention that City has unreasonably failed to Approve the proposed Approved Skybridge and
Off-Site lmprovements Plans or modifications thereto in accordance with this Lease; (iv) any
contention that City has unreasonably failed to Approve a Hotel Project General Contractor in
accordance with Section 2.8(b); (v) any disagreement as to permitted delays in the Schedule of
Performance pursuant to Section 2.7, or (vi) any disagreement as to the cost or scheduling
impact of a change in the location of the geothermal system as provided in Section 2.11(c).
"Development Orded' means any order granting, denying, or granting with conditions an
application for a Development Permit.
"Development Permit" shall have the meaning set forth in Section 163.3221(5), Florida Statutes
(2014).
"Economic Force Maieure" means economic or political conditions or events that materially
impair access to debt or equity markets by developers for development of projects in the United
States similar to the Hotel Project or allow a committed debt or equity participant to terminate its
debt or equity commitment, such as a temporaty ot long term liquidity crisis or major recession.
"Effective Date" has the meaning ascribed to in Section 1.2.
"Environmental Condition" has the meaning ascribed to it in Section 8.4.
"Environmental Claim" has the meaning ascribed to it in Section 8.4.
518
"Environmental Laws" has the meaning ascribed to it in Section 8.4.
"Environmental Permit" has the meaning ascribed to it in Section 8.4.
"Environmental Requirements" has the meaning ascribed to it in Section 8.4.
"Equitv Commitment" means the commitment of Lessee to contribute an amount in cash to pay
lmprovement Costs as may be necessary, at the time of determination, when combined with the
lnitial Hotel Operator Financial Commitment and the proceeds available under the Construction
Loan and Mezzanine Loan, if any, to maintain the Hotel Project ln Balance, a portion of which
Equity Commitment shall be funded by the Portman Estimated Equity Contribution but in no
event less than the Portman Minimum Equity Contribution.
"Event of Default" has the meaning ascribed to it in Article Vll.
"FF&E" means the furniture, fixtures and equipment for the Hotel Project to be procured and
maintained by the Lessee.
"Ejllmore-fhealef" means the performing arts center located at 1700 Washington Avenue, Miami
Beach, Florida, adjacent to and east of the Hotel Project and also known as the "Fillmore Miami
Beach at the Jackie Gleason Theater".
"First Leasehold Mortqaqe" means a Leasehold Mortgage which is a first lien on Lessee's
interest in this Lease and the leasehold interest created hereby.
"First Leasehold Mortqaqee" means the lnstitutional Lender that is a holder of a First Leasehold
Mortgage, which shall be evidenced by, and the City shall be able to rely absolutely on, a title
report current as of the time of any determination and prepared by a generally recognized title
insurance company doing business in Miami-Dade County, Florida, or upon a certificate of
Lessee, signed and verified by a Responsible Officer of Lessee.
"First Rent Yea/' has the meaning ascribed to it in Section a.a@).
"Force Maieure Event" means the following: acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies, whether actual or threatened; orders of any civil or military
authority; insurrections; riots; acts of terrorism; epidemics; landslides, earthquakes, lightning,
fires, hurricanes, storms, floods, washouts and other natural disasters; inability to procure or a
general shortage of labor, equipment, facilities, materials or supplies in the open market, or
failure or unavailability of transportation generally; or other similar extraordinary causes beyond
the commercially reasonable control of the Party claiming such inability. ln no event shall "Force
Majeure Event" include economic hardship or financial inability to perform specific to the Party
nor shall it include Economic Force Majeure.
"Foreiqn lnstrumentality" means a foreign (non-U.S.) government or agency thereof or a Person
Controlled thereby.
"GA,qpu means generally accepted accounting principles, as in effect from time to time, as
promulgated by the Financial Accounting Standards Board, consistently applied or a system
generally recognized in the United States as having replaced GAAP.
519
ilGAASrr means generally accepted auditing standards, as in effect from time to time, as
developed by the American lnstitute of Certified Public Accountants, consistently applied, or a
system generally recognized in the United States as having replaced GAAS.
"Gaminq Establishment" means any establishment offering or otheruvise engaged in gambling or
wagering of any nature or kind.
"Governmental Approvals" means all permits, approvals, certificates of occupancy, notifications,
certifications, registrations, authorizations and other rights and privileges that are required by
any GovernmentalAuthority. Notwithstanding anything to the contrary in this Lease, the Lessee
retains its rights in accordance with applicable Governmental Requirements to challenge or
appeal any denial of Governmental Approvals.
"Governmental Authority" means any federal, state, county, municipal or other governmental
department, entity, authority, commission, board, bureau, court, agency, or any instrumentality
of any of them, with jurisdiction over the Leased Property, the Lessee lmprovements, the Work
or the Off-Site lmprovements.
"Governmental Requirements" means any law, enactment, statute, code, order, ordinance, rule,
regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license, or other
similar requirement of any Governmental Authority, now existing or hereafter enacted, adopted,
promulgated, entered, or issued, affecting the Leased Property or the construction and
operation of the Lessee lmprovements. Notwithstanding anything to the contrary in this Lease,
the Lessee retains its right to challenge Governmental Requirements in accordance with all
other applicable Governmental Requirements, including based on a constitutional objection that
a Governmental Requirement violates Lessee's constitutional rights regarding contracts.
"Gross Operatinq Profit" means the amount calculated by subtracting Project Expenses from
Gross Operating Revenues.
"Gross Operatinq Revenues" means all revenues and income of any nature derived directly or
indirectly from the Hotel or from the use or operation of the Leased Property, including gross
rooms sales, gross food and beverage sales (whether any food and beverage establishment is
operated by Lessee or a Subtenant), catering receipts, telephone, facsimile and/or internet
services, in-room video and parking and valet service receipts (whether the parking or valet
services are operated by Lessee or a Subtenant), vending machines, gross receipts, rents or
license fees from the operation by Lessee or any Affiliate of Lessee of newsstand, gift shop, or
business center, or from any other sub-lessees, concessionaires, third-parties conducting
operations on the Leased Property or other sources (except as provided in Section 5.6(c)
hereof), the fair rental value of space within the Hotel Project occupied by Lessee or any entity
affiliated with or employed by Lessee for purposes other than managing the Hotel Project (to the
extent the occupants of such space are paying less than the fair market value of such space)
and the proceeds of business interruption, other loss of income, use, occupancy or similar
insurance, as determined in accordance with GAAP (to the extent not inconsistent with the
Uniform Systems of Accounts), and the Uniform System of Accounts, and without any reduction
or allowance for uncollectable charges or bad debts. Notwithstanding the foregoing, the
following shall not constitute Gross Operating Revenues: (i) any gratuities or service charges
added to a customer's bill and distributed as compensation to the Hotel's employees; (ii) any
credits or refunds made to customers, guests or patrons; (iii) any sums and credits received for
lost or damaged merchandise; (iv) any sales taxes, excise taxes, or other similar taxes or
520
charges collected by the Hotel and remitted to tax authorities; (v) any proceeds from the sale or
other disposition of FF&E or capital equipment; (vi) any interest earned with respect to the
deposit or investment of proceeds from operation of the Hotel; (vii) any fire and extended
coverage insurance proceeds (except that proceeds of business interruption or other loss of
income insurance shall be included in Gross Operating Revenues); (viii) any condemnation
awards; and (ix) any proceeds of sale or financing or refinancing of the Hotel.
"Hazardous Substance" has the meaning ascribed to it in Section 8.4.
uHotel' means the hotel complex to be developed and constructed on the Hotel Site
substantially in accordance with the Approved Plans, which will contain approximately (but not
more than) 800, separately keyed sleeping rooms capable of individual rental on a day-to-day
overnight basis to hotel patrons and guests. For the purpose of determining the maximum
number of separately keyed sleeping rooms contained within the Hotel at any time during the
Term, each such room which is capable of being separately keyed will be deemed to be
separately keyed, without regard to the actual use thereof.
"Hotel Operator" means and includes any Approved Operator engaged by Lessee to be
responsible for overseeing the day- to-day management of the Hotel Project (or, if at any time
there is no such operator, Lessee as operator of the Hotel Project).
"Hotel Proiect" means Lessee's leasehold created by this Lease and the development, design,
construction and purchase of the Lessee lmprovements and their subsequent use; the
completion of the Work substantially in accordance with the Approved Plans, including (1) the
Hotel and all associated infrastructure (including on-site parking and all supporting Hotel
facilities and amenities), (2) the Skybridge and all associated infrastructure, (3) the installation of
FF&E and other improvements and appurtenances of every kind and description (including all
landscaping, planting and other improvements of any type) now located or hereafter erected,
constructed or placed upon the Leased Property; and (4) any and all alterations, renewals and
replacements thereof, additions thereto and substitutions therefor.
"Hotel Proiect General Construction Contract" means the construction contract between Lessee
and the Hotel Project General Contractor for the construction of the Hotel Project in accordance
with the Approved Plans, within the contract time specified for completion of the Work, for a
guaranteed maximum price that will not exceed the sum allocated for construction of the Work
in the Budgeted lmprovement Costs, and that includes provisions requiring a Performance Bond
and Payment Bond and all other terms or conditions required under this Lease.
"Hotel Proiect General Contractor" means the duly licensed general contractor(s) engaged by
Lessee for the construction of the Hotel Project and completion of the Work.
"Hotel Site" means the parcel of real property described in Exhibit "D".
"Hotel Standards" means the standards set forth in Exhibit "B".
"lmprovement Costs" means the actual, verifiable costs and expenses paid to third parties, not
Affiliates of Lessee (unless such costs paid to Affiliates of Lessee are at fair market value and
with notice to the City), in the design, permitting, development, construction and equipping of
the Hotel ProJect;
10
521
"ln Balance" means, at any time in question, that the sum of (a) the then unfunded amount of
the Construction Loan available to Lessee for payment of costs of labor and materials to
achieve Completion of Construction of the Hotel Project, plus (b) the then unfunded amount of
the Mezzanine Loan, if any, available to Lessee for the payment of costs of labor and materials
to achieve Completion of Construction of the Hotel Project, plus (c) the then remaining balance
to be funded under the Equity Commitment, plus (d) the then remaining balance to be funded
under the lnitial Hotel Operator Financial Commitment, if any, plus (e) any additional cash
amounts deposited with the City by Lessee in order to fund the difference, if any, between the
sum of (a), (b), (c) and (d) above and the then remaining lmprovement Costs is adequate to pay
all of the then remaining lmprovements Costs that are reasonably likely to be incurred through
Complete Construction of the Hotel Project.
"lnitial Hotel Operator" means the initial Hotel Operator engaged by Lessee.
"lnitial Hotel Operator Financial Commitment" means the commitment of the lnitial Hotel
Operator to fund, in the aggregate, cash, to be used to pay Budgeted lmprovement Costs, in
such amount as may be necessary when combined with the Equity Commitment and the
proceeds available under the Construction Loan and Mezzanine Loan, if any, to maintain the
Hotel Project ln Balance.
"lnstitutional Lender" means, subject to the City Manager's Approval within twenty (20) days
from receipt by the City of commercially reasonable information properly identifying the
proposed lnstitutional Lender, including its financial qualifications, any of the following entities
that have a net worth in excess of Fifty Million Dollars ($50,000,000) (as adjusted by inflation
over the Term pursuant to Section 14.20 hereof):
(a) any federal or state chartered commercial bank or national bank or any of its
subsidiaries;
(b) any federal or state chartered savings and loan association, savings bank or trust
company;
(c) any pension, retirement or welfare trust or fund, whose loans on real estate are
regulated by state or federal laws;
(d) any public limited partnerships, public real estate investment trust or other public
entity investing in commercial mortgage loans whose loans on real estate are regulated by state
or federal laws;
(e) any state licensed life insurance company in the business of making commercial
mortgage loans or a subsidiary or affiliate of any such institution whose loans on real estate are
regulated by state or federal laws;
(0 any agent, designee, or nominee of an lnstitutional Lender that is an Affiliate
(solely as described in clause (a) of the definition thereof) of any lnstitutional Lender or any
other Person that is a subsidiary or an Affiliate (solely as described in clause (a) of the definition
thereof) of an lnstitutional Lender; and
(g) Any private debt fund having assets in excess of $2 billion.
11
522
ln the event of a syndicated loan, if fifty-one percent (51%) or more of the syndicate of lenders
are lnstitutional Lenders, then the syndicated loan shall be deemed to be made by an
lnstitutional Lender. City Manager's failure to notify Lessee of any disapproval within such
twenty (20) day period shall be deemed to constitute the City Manager's conclusive Approval of
the proposed lnstitutional Lender.
"lnsurance Trustee" has the meaning ascribed to it in Section 9.9(a).
"Land Development Requlations" shall have the meaning set forth in Section 163.3221(8),
Florida Statutes and shall also include the definition of "land development regulations" in
Section 114-1 of the City Code.
uLeass' means this Development and Ground Lease Agreement, and all exhibits annexed
hereto and made a part hereof, as the same may be modified or amended from time to time.
"Leased Propertv" means the Hotel Site.
"Leasehold Mortqaqe" means a mortgage, including an assignment of the rents, issues and
profits from the Hotel Project or other security instrument in favor of a Leasehold Mortgagee,
which constitutes a lien on Lessee's leasehold interest created by this Lease during the Term.
"Leasehold Mortqaqee" means an lnstitutional Lender that is the owner and holder of a
Leasehold Mortgage.
"Lease Year" means a yeat, other than the first and last year of the Term, consisting of twelve
(12) consecutive calendar months. The first Lease Year during the term of this Lease shall
commence on the Rent Commencement Date and end on December 31't of the year in which
the Rent Commencement Date occurs. The second and following Lease Years shall commence
on the 1't day of January each calendar year and end on December 31't of such year.
"EEDIS,]!a!S" means a certification by the U.S. Green Building Counsel's ("USGBC")
Leadership in Energy and Environmental Design ("LEED") that the Hotel Prolect has satisfied all
of the requirements associated with the then current USGBC Silver LEED certification.
rrLesseetr means Portman Miami Beach, LLC, and the successors, assigns or transferees
thereof expressly Approved or permitted by the terms and provisions of this Lease. An executed
copy of Lessee's limited liability company documents is on file with the City as set forth on
Exhibit "T".
"Lessee lmprovements" means any and all permanent buildings, structures and machinery,
equipment and fixtures, which are existing and may from time to time and at any time during the
Term be erected or located on the Leased Property, including the Hotel and associated
infrastructure and the Skybridge and associated infrastructure.
"Liquid Assets" means (a) cash on hand or on deposit in any federal or state chartered
commercial bank or national bank or any of its subsidiaries, (b) readily marketable securities, (c)
readily marketable commercial paper rated A-1 by Standard & Poor's Corporation (or a similar
rating by any similar organization that rates commercial paper), (d) certificates of deposit issued
by commercial banks operating in the United States with maturities of one year or less, (e)
money market mutual funds, and (f) the uncommitted amount of any available line(s) of credit.
12
523
"Manaqement Aqreement" means the hotel operating or management agreement, as it may be
extended, supplemented, amended or replaced from time to time, between Lessee and the
Hotel Operator and which provides Lessee with the right to use the name or flag of the Hotel (if
Lessee does not othenruise have such rights), and specifies the terms and conditions applicable
to the day-to-day management of the Hotel, including the obligation of the Hotel Operator to
comply with the Room Block Agreement.
"Mandatorv Hotel Proiect Desiqn Elements" means the design features, components or other
elements of the Hotel Project to be developed by the Lessee as further described on Exhibit
,,srt,
"MBCC Proiect" means the Miami Beach Convention Center Renovation and Expansion Project,
consisting of the renovation of the Convention Center, expansion of ballroom and auxiliary
spaces, parking levels above portions of the Convention Center, exterior landscaping and a 6.5
acre public park, the renovation of Convention Center Drive, including relocation of utilities, and
other improvements to the Convention Center and surrounding areas.
"MBCC Standard of Operation" means the average standard of quality for the facilities and
associated infrastructure consistent with the principal convention centers operated in Orlando,
Atlanta, New Orleans, Dallas, Houston, Boston, Chicago, San Francisco, San Diego and Los
Angeles, as of the Effective Date.
"Mezzanine Lender" means (a) the lnstitutional Lender selected by Lessee to provide the
Mezzanine Loan or (b) a Hotel Operator, or an Affiliate thereof, to the extent it is providing a
Mezzanine Loan or Credit Enhancement and is receiving a pledge of the equity interests in
Lessee.
"Mezzanine Loan" means a loan to be made by the Mezzanine Lender to the Lessee to provide
financing for the Hotel Project, subordinate to the First Leasehold Mortgagee, which may be
secured by a lien on Lessee's equity interest.
"Mezzanine Loan Commitment" means a mezzanine financing commitment by the Mezzanine
Lender that has been executed and delivered by and between Lessee and the Mezzanine
Lender that confirms the availability of the Mezzanine Loan.
"Minimum Fixed Rent" has the meaning ascribed to it in Section . (a)(i).
''@,'meanSanyandallimprovementsnotlocatedontheLeasedProperty
shown on the Approved Plans and in accordance with the Governmental Approvals, including
demolition of any portion of the Fillmore Theater located on the Leased Property, enclosure of
any remaining portion of the Fillmore Theater located outside the Leased Property, and paving
and striping of up to twenty-five surface parking spaces for Fillmore Theater personnel as
depicted in Exhibit "U".
"Openinq Date" means the date on which the Hotel first opens for business to the general
public.
"Oriqinal Lessee lnvestors" means the owners of Lessee on the date hereof, as identified on
Exhibit "M".
13
524
"Outside Construction Commencement Date" means November 15, 2017, by which date
Commencement of Construction must take place, as such date may be reasonably extended for
(i) a Force Majeure Event or Economic Force Majeure in accordance with this Lease, (ii) City
Delays, and/or (iii) the number of days by which Commencement of Construction of the MBCC
Project is delayed beyond January 1,2016, if any.
"Outside Construction Loan Closinq Date" means November 15, 2017, as such date may be
reasonably extended in accordance with this Lease for a period not exceeding twelve (12)
months for (i) actual delays suffered by Lessee in achieving closing of the Construction Loan
caused by a Force Majeure Event or Economic Force Majeure, (ii) City Delays, and/or (iii) the
number of days by which Commencement of Construction of the MBCC Project is delayed
beyond January 1,2016, if any.
"Outside Completion Date" means September 30, 2019, by which date Completion of
Construction shall have occurred, as such date may be reasonably extended by (i) the number
of days by which the Outside Construction Commencement Date was extended, and thereafter
for (ii) a Force Majeure Event or Economic Force Majeure in accordance with this Lease, (iii)
City Delays, and/or (iv) the number of days by which completion of construction of the MBCC
Project is delayed beyond January 1, 2019, if any, but only if and to the extent such delays
preclude the Convention Center from holding events that utilize the Convention Center's four
main exhibition halls.
"Outside Openinq Date" means November 30,2019, the date by which the Opening Date must
have occurred, as such date may be reasonably extended by (i) the number of days by which
the Outside Construction Commencement Date was extended, and thereafter for (ii) a Force
Majeure Event or Economic Force Majeure in accordance with this Lease, (iii) City Delays,
and/or (iv) the number of days by which the completion of construction of the MBCC Project is
delayed beyond January 1, 2019, if any, but only if and to the extent such delays preclude the
Convention Center from holding events that utilize the Convention Center's four main exhibition
halls.
"Outside Possession Date" means November 15, 2017, by which date the Possession
Conditions must be satisfied, as such date may be reasonably extended for (i) a Force Majeure
Event or Economic Force Majeure in accordance with this Lease, (ii) City Delays, and/or (iii) the
number of days by which Commencement of Construction of the MBCC Project is delayed
beyond January 1, 2016, if any.
"&I[.iS" means City and Lessee, and "Party'' is a reference to either City or Lessee, as the
context may indicate or require.
"Performance Bond and Pavment Bond" means a performance bond and a payment bond with
regard to the Hotel Project General Construction Contract in the full amount of the guaranteed
maximum price thereof, with a good and sufficient surety, in compliance with all applicable
Governmental Requirements and in form and content Approved by the City Manager, or such
other security as is reasonably acceptable to the City Manager, after consultation with the City
Attorney.
"Permitted Transfers" has the meaning ascribed to it in Section 5.3.
trPersonrr means any corporation, unincorporated association or business, limited liability
14
525
company; business trust, real estate investment trust, common law trust, or other trust, general
partnership, limited partnership, limited liability limited partnership, limited liability partnership,
joint venture, or two or more persons having a joint or common economic interest, nominee, or
other entity, or any individual (or estate of such individual); and shall include any Governmental
Authority.
"&f!@" means Portman Holdings, LLC, a Georgia limited liability company.
"Portman Estimated Eouitv Contribution" means an amount up to $17,000,000 but not less than
the Portman Minimum Equity Contribution to be funded in cash by Portman or one of its
Affiliates to pay lmprovement Costs.
"Portman Minimum Equity Contribution" means $10,000,000 to be funded in cash by Portman or
one of its Affiliates to pay lmprovement Costs.
"Possession Conditions" has the meaning ascribed to it in Section 4.1(b).
"Possession Date" has the meaning ascribed to it in Section 4.1(b).
"Prohibited Hotel Proiect Chanoes" means
(a) after the Effective Date and prior to the Possession Date, any changes to the
Approved Plans that result in any of the following except to the extent previously Approved in a
writing executed by the City Manager and expressly providing that the City Manager is thereby
Approving a Prohibited Hotel Project Change (which Approval may be granted or withheld by
City Manager in his sole and absolute discretion), or which are required because of
Governmental Requirements: (i) a failure of the Hotel Project to contain any of the Mandatory
Hotel Project Design Elements, or a material change to the design thereof; (ii) failure to obtain
any Brand Approval; (iii) a material change in the massing of the development, including the
orientation and general configuration of the tower structure or the size and configuration of the
tower structure and podium design reflected in the Approved Plans, or (iv) any change that
materially affects the fagade of the Hotel Project Approved by the City, or othenruise materially
affects the exterior appearance of the Hotel Project or materially impairs the ability of the Hotel
Project to function as a convention center hotel, or
(b) after the Possession Date and prior to the Opening Date, any changes to the
Approved Plans or any actual construction that results in any of the following, except to the
extent previously Approved in a writing executed by the City Manager and expressly providing
that the City Manager is thereby Approving a Prohibited Hotel Project Change (which Approval
may be granted or withheld by City Manager in his sole and absolute discretion), or which are
required because of Governmental Requirements: (i) a failure of the Hotel Project to contain any
of the Mandatory Hotel Project Design Elements, or a material change to the design thereof; (ii)
failure to obtain any Brand Approval; (iii) a material change in the design or actual scope,
appearance or quality of any of the Mandatory Hotel Project Design Elements; (iv) a material
change in the massing of the development, including the orientation and general configuration
of the tower structure or the size and configuration of the tower structure and podium design
reflected in the Approved Plans, or (v) any change that materially affects the fagade of the Hotel
Project Approved by the City, or othenruise materially affects the exterior appearance of the
Hotel Project or materially impairs the ability of the Hotel Project to function as a convention
center hotel.
15
526
"Proiect Expenses" means:
(a) commercially reasonable operating expenses of the Hotel Project incurred to
Persons other than Affiliates of the Lessee (unless such expenses paid to Affiliates of Lessee
are at a fair market rate and with notice to the City);
(b) commercially reasonable wages and benefits paid and payable to the Hotel
Operator's full time or part-time on-site or off-site management employees and full or parttime
non-management employees; and
(c) commercially reasonable management fees, at prevailing market rates.
"Proposed Transferee" has the meaning ascribed to it in Section 7.10(b).
"EUbIglXgIrc," has the meaning ascribed to it in Section 4.5(a).
"Reconstruction Work" has the meaning ascribed to it in Section 9.9(b).
rrRentrr means all payments required pursuant to Section 4.4 and any other payments
characterized as rent hereunder, including Base Rent, Additional Rent and Transaction Rent.
"Rent Commencement Date" has the meaning ascribed to it in Section a.a@).
"Rent Year" has the meaning ascribed to it in Section 4.4(a).
"Responsible Office/' means any executive officer or manager of Lessee responsible for the
administration of the obligations of Lessee in respect of this Lease.
"Room Block Aqreement" means the room block agreement, in the form of Exhibit "L" attached
hereto, to be executed by and between the City and the Lessee, and pursuant to which Lessee
agrees to provide the services therein described to City in exchange for the agreements of City
hereunder.
"Schedule of Performance" has the meaning ascribed to it in Section 2.7.
"Second Rent Yea/' has the meaning ascribed to it in Section a.a@).
',Sg&!,''''Subsection,''''&IagEph,''''Sub!gIggIaph,',''@,''of''@,'followedbya
number or letter means the section, subsection, paragraph, subparagraph, clause or subclause
of this Lease so designated.
"Sinqle Purpose Entity" means:
(a) an entity or organization that does not and cannot by virtue of its organizational
documents:
(i) engage in any business other than owning, developing, leasing and
operating the Hotel Project; or
(ii) acquire or own material assets other than the Hotel Project and incidental
personal property; and that
16
527
(b) does not hold itself out to the public as anything but a legal entity or organization
separate from any other Person; and
(c) conducts business solely in its name or under a duly registered fictitious name.
"Skvbridoe" means the overhead, enclosed, climate-controlled pedestrian walkway to be
constructed, operated and malntained by Lessee in accordance herewith connecting the Hotel
Project to the Convention Center and included in the Hotel Site described on Exhibit "D".
"Sublease" means any lease, sublease, license or other agreement by which Lessee demises,
leases, or licenses the use and occupancy by another Person of one or more specific retail,
parking/valet, spa or restaurant spaces, or other defined portion of the Hotel Project.
"Subtenant" means any Person using and occupying or intending to use and occupy one or
more specific spaces or other defined portion of the Hotel Project pursuant to a Sublease.
"Tarqet Dates" means the following dates that have been targeted by Lessee to achieve the
following activities or events:
(a) The "Tarqet Possession Date": the date targeted for satisfaction of the
Possession Conditions, which date is December 15,2016.
(b) The "Tarqet Construction Loan Closinq Date": the date targeted for Lessee's
closing of the Construction Loan for the Hotel Project, which date is December 15,2016.
(c) The "Tarqet Completion Date": the date targeted for completion of construction of
the Hotel Project, which date is November 30, 2018.
'Term" has the meaning ascribed to it in Section a.1@).
"Third Rent Yea/' has the meaning ascribed to it in Section 4.4(a).
"Transaction Rent" shall have the meaning ascribed to it in Section 4.4(b).
uTransferu means any sale, assignment or conveyance or any other transaction or series of
transactions in the nature of a sale, assignment or conveyance of:
(a) the Hotel Project or any part thereof;
(b) any legal or beneficial interest in the Hotel Project, or any part thereof;
(c) any direct or indirect legal or beneficial interest in Lessee (including the
syndication of tax benefits); or
any series of such Transfers that have the cumulative effect of a sale, transfer or conveyance of
any of the foregoing (a), (b), or (c).
"Uniform Svstem" means the Uniform System of Accounts for the Lodging lndustry, lOth
Revised Edition, as may be modified from time-to-time by the lnternational Association of
17
528
Hospitality Accountants, consistently applied, or any successor thereto generally recognized by
the Lodging lndustry.
"&IX" means the design, permitting, development and construction of the Lessee
lmprovements in accordance with the Approved Plans, including all design, architectural,
engineering and other professional services, demolition and construction services, supervision,
administration and coordination services and the provision of all drawings, specifications, labor,
materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, storage,
insurance, bonds, permits and conditions thereof, zoning approvals, changes required to comply
with building codes and Governmental Approvals, licenses, tests, inspections, surveys, studies,
and other items, work and services that are necessary or appropriate for the demolition of
existing structures and other preparatory or remediation work on the Hotel Site; utility
relocations, installations, hook-ups or other infrastructure as may be required to make the
Leased Property suitable for the use of the Hotel Project; total design, construction, installation,
furnishing, equipping, and functioning of the Lessee lmprovements, together with all additional,
collateral and incidental items, work and services required for completion of the Lessee
lmprovements (including all such items, work and services as are necessary to provide fully
functional and functioning Lessee lmprovements). The Work also includes completion of all Off-
Site lmprovements.
Section 1.4. Exhibits. lf any exhibit to this Lease conflicts with the body of this Lease, the
body of this Lease shall govern.
Section 1.5. lnterpretation. All pronouns and any variations thereof shall be deemed to refer
to the masculine, feminine, neuter, singular or plural, as appropriate. The words "herein,"
"hereof," "hereunder," "hereinafter," and words of similar import refer to this Lease as a whole
and not to any particular Article, Section or Subsection hereof. The terms "include" and
"including" and words of similar import shall each be construed as if followed by the phrase
"without limitation". This Lease will be interpreted without interpreting any provision in favor of
or against either party by reason of the drafting of such provision.
ARTICLE !I
THE HOTEL PROJECT IMPROVEMENTS
Section 2.1. Development and Conformitv of PIans.
(a) Lessee shall be responsible for preparing all plans and specifications for
constructing the Hotel Project. Such plans and specifications shall conform in all material
respects to the Approved Plans;
(b) Notwithstanding any other provision or term of this Lease or any Exhibit hereto,
the Approved Plans and all work by Lessee regarding the Hotel Project shall conform to the City
Code, the Florida Building Code and all other Governmental Requirements and, to the extent
consistent with the above, the provisions of this Lease.
Section 2.2. Approved Plans. The City shall have the right to Approve, in its sole discretion,
(x) any substantial deviation of the Hotel Project from the Approved Plans and (y) any Prohibited
Hotel Project Changes. Notwithstanding any Approval provided pursuant to this Section 2.2,
Lessee shall be solely responsible for obtaining all required final, non-appealable Governmental
Approvals as more fully set forth in Article lV of this Lease. Any Approval of the Approved Plans
18
529
or any component thereof by the City shall be for its own benefit in its proprietary capacity as
the owner of the Leased Property and shall not be deemed to mean, and the City, in such
proprietary capacity, makes no representation, that such Approved Plans comply with all
applicable Governmental Approvals and Governmental Requirements.
(a) Lessee shall submit to the City Manager, prior to Commencement of
Construction, any proposed modifications to the Approved Plans for the City Manager's
determination of whether such modifications include any substantial deviation of the Hotel
Project from the Approved Plans or Prohibited Hotel Project Changes. Modifications to the
Approved Plans shall be indicated by "ballooning," highlighting, blacklining or describing such
modifications in writing in reasonable detail in an accompanying memorandum. The City shall
not be responsible for, and shall not be deemed to have Approved, any modification to the
Approved Plans that is not indicated as required by this Section.
(b) Within twenty-one (21) days of receipt of any proposed modifications to the
Approved Plans, the City Manager shall notify Lessee, in writing, that he approves such
modifications, or the basis for any disapproval of any substantial deviation of the Hotel Project
from the Approved Plans or Prohibited Hotel Pro1ect Change; provided, however, that the City
shall not disapprove any material modification necessitated by Governmental Requirements.
City's failure to notify Lessee of any disapproval within such twenty-one (21) day period shall be
deemed to constitute the City's conclusive Approval of the proposed modifications to the
Approved Plans. The Approved Plans, as amended by such Approved modifications, shall
thereafter be the Approved Plans referred to herein.
(c) lf the City disapproves of any modification pursuant to this Section 2.2, then
Lessee shall, at its election, either (x) submit City's disapproval to expedited arbitration pursuant
to Section 7.9 of this Lease, or (y) within thirty (30) days after receiving the City's disapproval
notice, submit revised proposed modifications to the Approved Plans for City's review and
Approval as provided in this Section 2.2, provided that the time period for approval or
disapproval shall be fifteen (15) days.
(d) At any time during the design development phase of the Hotel Project, Lessee
may (but shall not be required to) submit to the City Manager any proposed modifications to the
Approved Plans for City's review and Approval pursuant to this Section 2.2, so as to mitigate or
avoid any potential delays to the Schedule of Performance as a result of disputes regarding the
final proposed Approved Plans.
Section 2.3. Lessee's Hotel Proiect Obliqations. Subject to the terms hereof, Lessee is
obligated to and shall (i) design, permit, and construct, in a good and workmanlike manner, and
at its sole cost and expense, the Hotel Project in all material respects in accordance with and
subject to all of the terms and provisions of this Lease and to Complete Construction thereof by
the Outside Completion Date, (ii) obtain a certificate of the LEED Status in accordance with
Section 100-6 of the City Code and provide reasonable evidence of such certification to City
within a reasonable period following the Opening Date, and (iii) operate, maintain, repair and
replace, at its sole cost and expense, the Hotel Project in accordance with and subject to all of
the terms and provisions of this Lease.
19
530
Section 2.4. Pavment of Hotel Proiect Costs.
(a) As between Lessee and the City, the Lessee shall bear and be solely responsible
for all costs and expenses related to the design, permitting and construction of the Work, the
Hotel Project and its subsequent use, including the following:
(i) Lessee's land use approvals, development fees, and permit fees for the
design, construction, and subsequent use of the Hotel Project;
(ii) Lessee's design and construction of the Hotel Project;
(iii) Lessee's financing, construction bonding and insurance, building permits,
utility installations and/or hook-ups or other infrastructure, as may be required to make the
Leased Property suitable for the use of the Hotel Project;
(iv) Lessee's consultants, accountants, financing charges, legal fees,
furnishings, equipment, and other personal property of the Lessee; and
(v) all other Lessee direct or indirect costs associated with the approvals,
design, construction, and financing of the Lessee lmprovements, and their subsequent use.
(b) Lessee acknowledges that the City shall have no maintenance responsibility for
any of the Leased Property and Lessee lmprovements, and utilities and infrastructure to be
constructed by Lessee.
(c) Lessee shall be exclusively responsible for all matters relating to underground
utility lines and facilities, including locating, relocating and/or removal, as necessary. Under no
circumstances shall City be responsible for paying the cost of, or otherurrise reimbursing Lessee
for, relocation, removal, or payment of charges to utility companies for, any utility lines or
facilities lying on, under, or around the Leased Property. City shall provide reasonable
cooperation and assistance to Lessee in the resolution of issues associated with existing
underground utilities. Lessee shall not remove, disturb, or relocate any existing utilities on the
Leased Property without the City Manager's prior written Approval.
Section 2.5. Financinq Mafters.
(a) Lessee shall pay for all lmprovement Costs from funds required to be provided
under the Equity Commitment, the lnitial Hotel Operator Financial Commitment, the
Construction Loan and the Mezzanine Loan, if any; provided that if the proceeds of the
Construction Loan are not available or are inadequate for any reason, Lessee shall be
responsible to provide funds from such other sources as Lessee may identify to pay all costs
and expenses necessary to Complete Construction of the Hotel Project and cause the Opening
Date to occur in accordance herewith.
(b) Lessee shall be solely responsible for obtaining the Construction Loan and the
Mezzanine Loan, if any, for all completion guaranties required in connection with the
Construction Loan and the Mezzanine Loan, if any, and for providing all collateral and other
security, and othenruise satisfying all conditions thereof and covenants, agreements and
obligations of the borrower thereunder. ln no event shall City have any responsibility, obligation
or liability with respect to the Construction Loan or the Mezzanine Loan, if any, and Lessee shall
reimburse City for all of City's third party costs and expenses (including attorneys' fees)
20
531
reasonably incurred in connection with any requirements or requests of the Construction Lender
in connection with the Construction Loan or the Mezzanine Lender in connection with the
Mezzanine Loan, if any.
Section 2.6. No Claim for Value of Lessee lmprovements. Lessee shall have no claim
against the City for the value of the Lessee lmprovements following any termination of this
Lease, whether at the natural expiration of the Term or othenruise, except, with respect to any
claims against the City acting in its governmental capacity, any claims related to a
condemnation by the City.
Section 2.7. Schedule of Performance. The schedule attached hereto as Exhibit "F" (the
"Schedule of Performance") sets forth the dates and times of delivery of the Hotel Project,
including the Target Dates, and other milestones for development and approval of the plans and
specifications listed in Section 2.2, preparation and filing of applications for and obtaining all
applicable Governmental Approvals for the Hotel Project and schedule for the completion of the
Work. Lessee shall prosecute completion of the Work substantially in accordance with the
Approved Plans (with only such changes hereto that do not constitute Prohibited Hotel Project
Changes, except as otherurrise permitted or Approved pursuant to this Lease), with all
commercially reasonable diligence and in good-faith, in good and workmanlike manner, and in
accordance with the Schedule of Performance, time being of the essence. The dates in Exhibit
"F" shall not be extended except for (i) a Force Majeure Event, (ii) Economic Force Majeure,
(iii) a City Delay, (vi) the number of days by which Commencement of Construction of the
MBCC Project is delayed beyond January 1, 2016, if any; and (iv) the number of days by which
the completion of construction of the MBCC Project is delayed beyond January 1, 2019, if any,
but only if and to the extent such delays preclude the Convention Center from holding events
that utilize the Convention Center's four main exhibition halls. lf the Parties disagree with
respect to any permitted delays in the Schedule of Performance, such disagreement shall be
resolved in accordance with Section 7.9 hereof.
(a) Lessee shall endeavor, through the use of diligent, good-faith efforts, to cause
the prosecution of the Work in accordance with the Target Dates and other dates set forth in the
Schedule of Performance, but failure to meet the Target Dates shall not be a default under this
Lease.
(b) As further delineated in the Schedule of Performance, Lessee shall
Complete Construction by the Outside Completion Date.
(c) The failure of Lessee (i) to satisfy all of the Possession Conditions by the Outside
Possession Date, (ii) after Commencement of Construction has occurred, to Complete
Construction by the Outside Completion Date or (ii) after Commencement of Construction has
occurred, to achieve the Opening Date by the Outside Opening Date shall each be deemed an
Event of Default under this Lease.
Section 2.8. Construction Obliqations.
(a) Bonds. By no later than Commencement of Construction, Lessee shall provide a
Performance Bond and Payment Bond, with all premiums paid and in favor of Lessee with an
obligee rider in favor of the City and the First Leasehold Mortgagee. Lessee shall also provide
City with a demolition bond or other form of financial instrument reasonably acceptable to City to
assure the availability of funds for demolition or removal of any uncompleted facility in the event
21
532
Lessee, after receipt of a written demand from City, fails to demolish and remove the
uncompleted facility following Lessee's failure to substantially complete such facility as required
herein.(b) Approval of Hotel Proiect Genera! Contractor. Lessee's selection of the Hotel
Project General Contractor shall be subject to the advance Approval of the City Manager, after
consultation with the City Attorney, as to the qualifications and responsibility of the proposed
Hotel Project General Contractor to perform the contract, based on the contractor's licensure,
bonding capacity, financial capacity, history of compliance with laws, and satisfactory past
performance on similar projects. Provided that the Hotel Project General Contractor proposed
by Lessee does not have a significant history of material non-compliance with the law, City
agrees to Approve any Hotel Project General Contractor proposed by Lessee that satisfies each
of the following:
(i) Has a State of Florida Building and Business License;(ii) Has completed at least one project in the past three years under a
construction contract that specified a guaranteed maximum price at or
above $100,000,000;(iiD Has completed at least one high-rise hotel of at least eight (8) stories and
four hundred (400) rooms in the last 5 years; and(iv) Has total bonding capacity in excess of $1 Billion with at least
$250,000,000 available for a single project.
(c) Construction Obliqations. Prior to the Outside Completion Date, Lessee
shall, or shall cause its Hotel Project General Contractor to:
(i) Perform and complete the Work;
(ii) Select the means and methods of construction. Only adequate and safe
procedures, methods, structures and equipment shall be used;
(iii) Furnish, erect, maintain and remove such construction plant and such
temporary work as may be required; and be responsible for the safety, efficiency and adequacy
of the plant, appliance and methods used and any damage which may result from failure,
improper construction, maintenance or operation of such plant, appliances and methods;
(iv) Provide all architectural and engineering services, scaffolding, hoists, or
any temporary structures, light, heat, power, toilets and temporary connections, as well as all
equipment, tools and materials and whatever else may be required for the proper performance
of the Work;
(v) Order and have delivered all materials required for the Work and shall be
responsible for all materials so delivered to remain in good condition;
(vi) Maintain the Hotel Project site in a clean and orderly manner at all times,
and remove all paper, cartons and other debris from the Hotel Site;
(vii) Erect, furnish and maintain a field office with a telephone at the Hotel Site
during the period of construction in which a supervisor-level employee shall be on site during
the performance of any Work in connection with the Hotel Project; and cause the Hotel Project
22
533
General Contractor to require in each subcontract having a price in excess of $5,000,000 (and
to require each subcontractor to require in each sub-subcontract having a price in excess of
$5,000,000) that such subcontractor (and sub-subcontractor) have on-site a supervisor-level
employee at all times during the performance of any Work under such subcontract (and sub-
subcontract);
(viii) Protect all Work prior to its completion and acceptance;
(ix) Preserve all properties adjacent and leading to the Hotel Site and restore
and repair any such properties damaged as a result of construction of the Hotel Project, whether
such properties are publicly or privately owned;
(x) lmplement, and maintain in place at all times, a comprehensive hurricane
and flood plan for the Hotel Site and the Work, and provide a copy of same to the City;
(xi) Upon Completion of Construction, deliver to the City as built drawings and
plans and specifications of the Hotel Project; and
(xii) Upon Completion of Construction, deliver to the City, a copy of the final
certificate of occupancy or certificate of completion, as applicable, for the Hotel Project.
Notwithstanding any provision hereof to the contrary, at no time during construction of the Hotel
Project may Lessee make any Prohibited Hotel Project Changes without the express, prior
written Approval of City (which Approval may be granted or withheld by City in City's sole and
absolute discretion).
(d) Completion of Construction. Lessee shall carry on any construction,
maintenance or repair activity with diligence and dispatch and shall use diligent, good-faith
efforts to complete the same in accordance with the Schedule of Performance. Lessee shall not,
except if an emergency exists (then only to the extent that the City can grant such an
exception), carry on any construction, maintenance or repair activity in any easement area that
unreasonably interferes with using and enjoying the property encumbered by such easement.
(e) Skvbridqe and Off-Site lmprovements. Lessee shall deliver the proposed
Approved Skybridge and Off-Site lmprovements Plans to the City for Approval as required to
maintain the Schedule of Performance. The 25 surface parking spaces for Fillmore Theater
personnel to be constructed by Lessee as part of the Off-Site lmprovements will be constructed
as depicted on Exhibit "U" hereto. Lessee shall have no obligations or liabilities with respect to
the ownership or operation of such parking spaces after completion.
Section 2.9. Proqress of Gonstruction/Citv's Representative.
(a) Lessee shall keep the City apprised of Lessee's progress regarding the Work.
Lessee shall deliver written reports of same not less than monthly; and
(b) The City may, from timeto-time, designate one or more employees or agents to
be the City's representative ("City's Representative"), who may, during normal business hours,
in a commercially reasonable manner, visit, inspect and monitor the Hotel Project, the materials
to be used thereon or therein, contracts, records, plans, specifications and shop drawings
relating thereto, whether kept at Lessee's offices or at the Hotel Project construction site or
23
534
elsewhere, and the books, records, accounts and other financial and accounting records of
Lessee wherever kept, as often as may be requested. Further, City's Representative shall be
advised of, and entitled to attend, meetings among Lessee, Lessee's representative and the
Hotel Project General Contractor or any subset of this group. Lessee will cooperate with the City
to enable City's Representative to conduct such visits, inspections and appraisals. Lessee shall
make available to City's Representative for inspection, with commercially reasonable notice,
daily log sheets covering the period since the immediately preceding inspection showing the
date, weather, subcontractors on the job, number of workers and status of construction.
Section 2.10. Deliverv of Plans.
Promptly after completing the Work and Lessee's receipt of a Certificate of Occupancy, as
applicable, for the Work, Lessee will deliver to the City a copy of the plans and specifications,
including shop drawings, for the Lessee lmprovements.
Section 2.11. Connection of Buildinqs to Utilities.
(a) Lessee, at its sole cost and expense for the Leased Property and in compliance
with all Governmental Approvals and Governmental Requirements, shall install or cause to be
installed all necessary connections between the Lessee lmprovements, and the water, sanitary
and storm drain mains and mechanical and electrical conduits whether or not owned by the City.
(b) Lessee shall pay for the cost, for the Leased Property, if any, of locating,
grounding and installing within the Leased Property, as applicable, new facilities for sewer,
water, electrical, and other utilities as needed to service the Hotel Project, and, at its sole cost
and expense for the Leased Property, will install or cause to be installed inside the property line
of the Leased Property, all necessary utility lines, with adequate capacity and the sizing of utility
lines for the Hotel Project, as contemplated on the Approved Plans.
(c) Lessee shall perform, or cause to be performed, all Work on the Leased Property
so as not to interfere with or adversely affect in a material way the City's geothermal system
located adjacent to the Leased Property. ln the event that Lessee, Hotel Project General
Contractor or their respective agents, representatives, employees or invitees causes any
damage to such system, Lessee shall promptly repair and restore same to its condition existing
immediately prior to such damage, unless such damage results from the geothermal system
being located other than as shown on the as-built plans provided by the City and set forth on
Exhibit "P" hereto, or as shown in any updated information as to the location of the geothermal
system that may be provided to Lessee by the City prior to Commencement of Construction of
the Hotel Prolect or Off-Site lmprovements. ln the event City updates the information set forth in
Exhibit "P" such that the location of the geothermal system is either on the Leased Property or
so close to the Leased Property that it impacts the foundations for the Hotel Pro1ect and a
significant re-design of the Hotel Project is required, the Lessee shall be entitled to an equitable
adjustment for the design and construction-related costs solely and directly attributed to the
differing location of the geothermal system, in the form of a credit against Base Rent otherwise
due to the City, subject to mutual agreement of the Parties with respect thereto. The Schedule
of Performance and all succeeding Outside Dates shall be adjusted to reflect the additional time
required for such re-design work and the modification or obtaining of any permits required in
connection therewith. This paragraph shall expressly survive termination of this Lease.
24
535
Section 2.12. Permits and Approvals. Lessee shall secure and pay for all Governmental
Approvals for the Work, including any alterations and renovations made pursuant to Section
2.15, and shall pay any and all fees and charges due to and collected by the City or any other
Governmental Authority connected with issuing such Governmental Approvals, if any.
Section2.13. Citv and Lessee to Join in Gertain Actions. Within fifteen (15) days after
receiving a written request from Lessee that is consistent with all Governmental Requirements
and in accordance with this Lease, the City shall join Lessee when required by law in any and
all applications for Governmental Approvals as may be commercially reasonably necessary for
constructing of the Hotel Project. Lessee shall pay all fees and charges for all such applications.
Failure of the City to perform as requested within such fifteen (15) day period shall be deemed a
City Delay for the number of days of delay beyond such fifteen (15) day period.
Section 2.14. Compliance with Laws. Lessee will comply with any Governmental
Requirements in constructing and operating the Hotel Project.
Section 2.15. Alterations and Renovations. After completing the Work, if Lessee wishes to
make alterations or renovations thereof:
(a) no renovation or alteration shall be made until Lessee obtains all required
Governmental Approvals, at Lessee's sole cost and expense;
(b) except for FF&E, any renovation or alteration of Lessee lmprovements that
involves a substantial deviation from the Approved Plans or othenrvise substantially affects the
overall character or appearance of the exterior of the Hotel Project, unless required by
Governmental Requirements shall require the City's approval in its proprietary capacity in its
sole discretion; and
(c) all such alterations and renovations shall be performed by duly licensed and
insured contractors in a good and workmanlike manner, and in any event, shall be consistent
with the Hotel Standards.
Section 2.16. Art in Public PIaces. Lessee shall comply with the City's Art ln Public Places
(AIPP) program requirements under Section 82-536 through 82-612 of the City Code, as
applicable, and shall contribute to the City's Art in Public Places fund the total of 1.5% of the
"construction cost" of the Hotel Project, as such term is defined in Section 82-537 of the City
Code, no later than date of execution of the Hotel Project General Contract by Lessee and the
Hotel Project General Contractor, as required by the City Code.
ARTICLE III
LAND USES AND DEVELOPMENT OBLIGATIONS
Section 3.1. Govenant Reqardinq Land Uses. Lessee agrees and covenants to devote,
during the Term of this Lease, the Hotel Project only to the uses specified in this Lease and to
be bound by and comply in all material respects with all of the provisions and conditions of this
Lease. ln addition, and except as hereinafter set forth, Lessee shall not have the right to seek or
obtain different uses or a change in such uses either by requesting a zoning change or by court
or administrative action without first obtaining the City's Approval, which Approval may be
granted or denied in the City's sole discretion.
25
536
Section 3.2. Applications for Development Approvals and Development Permits.
Promptly following the Effective Date of this Lease, the Lessee will initiate and diligently pursue
all applications for Development Orders and Development Permits that may be required in
connection with the Hotel Project. Lessee shall be solely responsible for obtaining all final, non-
appealable Development Orders and Development Permits for the Hotel Project. No extension
of any time period herein shall be deemed to be an extension of any time periods contained
within the Development Permits or Development Orders.
Section 3.3. Goncurrencv. Lessee shall be solely responsible for obtaining all land use
permits, including all permits and approvals required pursuant to Section 163.3180, Florida
Statutes, with respect to concurrency requirements for roads, sanitary sewer, solid waste,
drainage, potable water, parks and recreation, and schools (the "Concurrency Requirements").
Prior to applying for its building permit for the Hotel Project, Lessee shall apply to the
appropriate Governmental Authorities and obtain letters or other evidence that Lessee has
obtained all applicable Concurrency Requirements, and shall diligently and in good faith obtain
such letters or other evidence that the Hotel Project meets all applicable Concurrency
Requirements and shall pay such impact fees as may then be due or applicable to meet
Concurrency Requirements.
Section 3.4. Compliance with Local Requlations Reqardinq Development Permits. This
Lease is not and shall not be construed as a Development Permit, approval or authorization to
commence any development, fill, or other land modification. The Lessee and the City agree that
the failure of this Lease to address a particular permit, approval, procedure, condition, fee, term
or restriction in effect on the Effective Date of this Lease shall not relieve Lessee of the
necessity of complying with the regulation governing said permitting requirements, conditions,
fees, terms or restrictions, subject to the terms of this Lease.
Section 3.5. Consistencv with the Gitv's Comprehensive Plan. The City has adopted and
implemented the Comprehensive Plan. The City hereby finds and declares that the provisions of
this Lease dealing with the Hotel Site and the Hotel Project are consistent with the City's
Comprehensive Plan and Land Development Regulations (subject to all applicable
req uirements, permits and approvals).
Section 3.6. Presentlv Permitted Development. The development that is presently
permitted on the Leased Property, including population densities, and building intensities and
height, which are subject to this Lease, are more specifically set forth in Exhibit "H" hereto.
Section 3.7. Public Facilities to Serve the Leased Propertv. A description of the public
facilities that will service the Hotel Project of the properties subject to this Lease, including who
shall provide such facilities; the date any new facilities, if needed, will be constructed; and a
schedule to assure public facilities are available concurrent with the impacts of the development
is included as Exhibit "!" hereto.
Section 3.8. Public Reservations. Dedications. A description of the reservations and/or
dedications of land for public purposes that are proposed under the terms of this Lease is
included as Exhibit "J" hereto.
Section 3.9. Required Development Permits. Attached and made a part hereof as Exhibit
"K" is a listing and description of certain local development permits approved or needed to be
approved for the development of the Hotel Project, provided that City makes no representation
or warranty that the information set forth on Exhibit "K" is correct or complete, Lessee releases
26
537
City from any liability with respect to such information and Lessee acknowledges and Lessee
agrees that Lessee is solely responsible for confirming the correctness and completeness of
such information and obtaining all applicable Governmental Approvals whether or not set forth
on Exhibit "K".
Section 3.10. Responsible Waqes and Local Emplovment. The City and Lessee support
and encourage the application of responsible wages and City of Miami Beach and Miami-Dade
County workforce hiring with respect to the Hotel Project.
Section 3.11. Laws Governins this Lease. For the entire Term of this Lease, the City hereby
agrees that the City's Land Development Regulations governing the development of the Leased
Property as they exist as of the Effective Date of this Lease shall govern the development of the
Leased Property and the Hotel Project during the Term. Notwithstanding the foregoing, the City
may apply subsequently adopted laws or policies to the Leased Property and the Hotel Project
(particularly as they may relate to quality of life issues such as, but not limited to noise, litter,
and hours of operation) as permitted or required by the Act, including, without limitation, Section
163.3233(2), Florida Statutes, as same may be amended from time to time; provided, however,
that this provision shall not be deemed to apply to regulations governing height, floor area ratio
(FAR), density, parking requirements or permitted uses.
Section 3.12. Duration of Development Riqhts. Notwithstanding any provision to the
contrary in this Lease, the development rights and responsibilities granted to Lessee hereunder
shall run for an initial term of six (6) years from the Effective Date, and may be extended by
mutual consent of the City and the Lessee subject to a public hearing(s) pursuant to Section
163.3225, Florida Statutes. Consent to any extension of the development rights granted herein
is within the sole discretion of each Party. No notice of termination shall be required by either
Party upon the expiration of the development rights granted pursuant to this Lease, provided,
however, that the Parties' obligations for the failure to satisfy Possession Conditions shall be as
provided for in Section 4.1(f) and any other applicable provisions of this Lease.
Section 3.13. Lessee's Riqht of Termination. Notwithstanding anything to the contrary
herein, Lessee shall have the right to terminate this Lease prior to the Possession Date due to
(i) changes to the Approved Plans required by the City's Design Review Board or any other
Governmental Authority (including the City) that render the Hotel Project economically
unfeasible in the reasonable business judgment of Lessee; (ii) the Hotel Project cannot meet the
Concurrency Requirements, or the costs of concurrency mitigation are, in the reasonable
business judgment of Lessee, economically unfeasible; or (c) Lessee, after its diligent good-faith
efforts, has been unable to obtain a full building permit for the Hotel Project. ln the event of
termination pursuant to this Section 3.13, each Party shall bear its own costs and expenses
incurred in connection with this Lease and, neither Party shall have any further liability to the
other Party.
ARTICLE IV
GENERAL TERMS OF LEASE
Section 4.1. Lease of Leased Propertv to Lessee. Subject to the conditions set forth in this
Lease, including the occurrence of the Possession Date, the payment of all Rent and all other
payments by Lessee provided herein, and the City's and Lessee's performance of their duties
and obligations required by this Lease:
27
538
(a) Demise. The City, as of the Possession Date, demises and leases to Lessee,
and Lessee takes and hires from the City, the Leased Property for a term of approximately
ninety-nine (99) years ending on December 31't of the last Lease Year prior to the 99th
anniversary of the Possession Date (the "Term"). Within thirty (30) days after the Possession
Date, the City and Lessee, upon request of either Party, shall execute a commencement date
agreement and/or one or more written memoranda in such form as will enable them to be
recorded among the Public Records of Miami-Dade County, in each case, setting forth the
beginning and termination dates of the Term, determined according to this Lease, and recording
any such other documents as may be required under this Lease.
(b) Possession Date: Conditions Precedent to Possession. The Parties
recognize that as of the Effective Date there remain various items and matters to be satisfied,
obtained and Approved in order that the Hotel Project may proceed as intended by the Parties.
The date that the City delivers possession of the Leased Property to Lessee according to this
Section 4.1(b), as designated by the City to Lessee in writing, is referred to herein as, the
''@93]!9.''TheCityshaIlnotbeobligatedtodeliverpossessionoftheLeased
Property and Lessee's rights as tenant hereunder shall not become effective until each of the
events described in this Section 4.1(b) irrevocablyshall have occurred, atwhich time, the City
shall deliver possession of the Leased Property to Lessee, Lessee shall take possession thereof
and the lease provisions of this Lease shall become effective. Until that time, this Lease shall be
construed to be in the nature of a development agreement, and not a lease. The conditions
precedenttodeliveryofpossession(collectively,the,'@'')areasfollows:
(i) There exists no uncured Event of Default;
(ii) Lessee shall have entered into, and delivered to the City a duly executed
copy of, the Hotel Project General Construction Contract (and all then existing change orders
thereto), in form and substance and with a Hotel Project General Contractor Approved pursuant
to Subsection 2.8(b) by the City Manager reflecting the guaranteed maximum price for
completion of the Lessee lmprovements;
(iii) Lessee shall have delivered to City written evidence reasonably
satisfactory to the City of the existence and availability of (A) Liquid Assets to fund the Equity
Commitment, (B) lnitial Hotel Operator Financial Commitment, (C) the Mezzanine Loan
Commitment, if any, and (D) the Construction Loan Commitment, all of which together
demonstrate that the Hotel Project is ln Balance;
(iv) Lessee shall have provided to City, and City Manager shall have
Approved in its sole discretion, any changes to the Budgeted lmprovement Costs, provided that
City Manager shall not withhold its Approval so long as Lessee has obtained and delivered to
the City written evidence of the existence and availability of (A) Liquid Assets to fund the Equity
Commitment, (B) the lnitial Hotel Operator Financial Commitment, (C) the Mezzanine Loan
Commitment, if any, and (D) the Construction Loan Commitment that demonstrate that the Hotel
Project is ln Balance;
(v) Lessee shall have reimbursed the City for the costs associated with the
City's voter referendum in connection with this Lease, not to exceed Twenty Five Thousand
Dollars ($25,000);
28
539
(vi) Lessee shall have obtained, and shall have delivered to City a copy of, all
Governmental Approvals necessary for the Commencement of Construction and necessary for
construction of all vertical elements of the Hotel Project;
(vii) Lessee and the lnitial Hotel Operator shall have delivered to the City an
instrument or instruments reasonably acceptable to the City (A) certifying that Lessee and the
lnitial Hotel Operator have duly executed and entered into the Management Agreement and any
related franchise, technical services and/or centralized services agreements, that the
Management Agreement and any other such agreements are in full force and effect and there
are no defaults (or any events that could ripen into defaults) and attaching a true and correct
copy of the Management Agreement and any such other agreements thereto, (B)
acknowledging that for so long as the lnitial Hotel Operator is managing and operating the Hotel
Project it shall observe and comply with the Room Block Agreement and (C) in the form of an
agreement among Lessee, the lnitial Hotel Operator and the City, to the effect that if this Lease
is terminated as a result of any Event of Default, the Hotel Operator shall, at the City's option,
continue to perform under the Management Agreement in accordance with the terms thereof so
long as the Hotel Operator is being paid compensation thereafter accruing under the
Management Agreement and the City shall perform, and the Hotel Operator shall accept the
City's performance of, the duties and obligations under the Management Agreement to be
performed by the Lessee, as "owner," thereunder, but only to the extent accruing from and after
the date of termination of this Lease; provided, however, if the First Leasehold Mortgagee
enters into a similar agreement with the Lessee and the Hotel Operator, the City agrees that the
Hotel Operator shall continue to perform and such performance shall not be optional on the part
of the City;
(viii) Lessee shall have delivered to City, and City Manager shall have
Approved, the Schedule of Performance for the Hotel Project (City agrees that it shall not
withhold Approval thereof so long as the same reflects Completion of Construction by the
Outside Completion Date and Lessee has provided reasonable evidence that such schedule is
reasonable);
(ix) Lessee shall have presented evidence reasonably acceptable to the City
that all required insurance coverages are in place;
(x) Lessee shall have delivered to the City Manager reasonable evidence
that the Approved Plans have been approved by the First Leasehold Mortgagee and the lnitial
Hotel Operator;
(xi) Lessee shall have delivered to the City, a duly executed Assignment of
Plans and Approvals, a duly executed Assignment of Hotel Project General Construction
Contract and a duly executed Assignment of Contracts and Agreements;
(xii) Lessee shall have delivered to the City reasonable evidence that Lessee
has invested the Portman Minimum Equity Contribution prior to the Possession Date, or if the
Portman Minimum Equity Contribution has not been invested prior to the Possession Date,
Lessee shall deposit the balance of the unfunded amount of the Portman Minimum Equity
Contribution in escrow with an escrow agent reasonably satisfactory to the City to be drawn by
Lessee on a monthly basis based upon presentation of invoices for Budgeted lmprovement
Costs;
29
540
(xiii) Lessee has provided to the City reasonable evidence that all conditions to
funding the Construction Loan that can be satisfied as of such date have been satisfied and the
Lessee has paid all commitment or loan fees due under the Construction Loan documents; and
(xiv) the representations and warranties made by the Lessee in this Lease
pursuant to Sections 4.3(a) and 5.2 remain true and correct in all material respects on and as of
the Possession Date.
(c) Pre-Possession Period. From and after the Effective Date, the Parties shall
each use their respective diligent and commercially reasonable efforts to achieve the
Possession Date timely.
(d) Hotel Site lnspections. Commencing on the date hereof and thereafter until
this Lease is terminated or the Possession Date occurs, the City shall permit Lessee
commercially reasonably access to the Hotel Site to conduct at Lessee's sole cost and expense,
physical inspections, tests and studies of the Hotel Site and to the extent necessary to carry out
the provisions of this Lease; provided, however, that such access shall not materially interfere
with any ongoing operations at the Convention Center or the Fillmore Theater or the City's
construction activity relating to the MBCC Pro1ect. Lessee, at all times and at its sole cost and
expense, shall maintain or shall cause its Hotel Project General Contractor or other contractors
in privity with Lessee to maintain, comprehensive general liability insurance as required in
Article lX. Lessee shall restore any damage to the Hotel Site caused by any such inspections,
tests or studies; provided that in no event shall Lessee be responsible for the discovery,
exposure or release of hazardous substances or materials in, on or about the Hotel Site that are
not introduced to the Hotel Site by Lessee, its agents, representatives, contractors, invitees or
employees.
(e) lndemnification. Whether or not the Possession Date occurs, Lessee shall
indemnify, defend and hold City and its respective officers, employees, agents, representatives,
consultants, counsel and contractors (of any tier) harmless from and against all claims, actions,
suits, charges, complaints, orders, liability, damages, loss, costs and expenses (including any
attorneys' fees and costs of litigation) related to, arising from or in connection with the acts or
omissions of Lessee, its agents, representatives, contractors or employees, including injury or
death to persons or damage to their property, while exercising Lessee's right to access the
Hotel Site and performance of such inspections, tests or studies pursuant hereto, except to the
extent resulting from the negligence or willful misconduct of City or its officers, employees,
agents, representatives, consultants, counsel and contractors, and except as limited in
paragraph (d) above. The indemnification obligations of Lessee set forth in this paragraph shall
expressly survive the expiration or termination of this Lease and notwithstanding any provision
of this Lease to the contrary, City shall have all rights and remedies available at law or in equity
in the enforcement of such indemnification obligations of Lessee or arising from Lessee's failure
to perform such indemnification obligations.
(f) Failure to Satisfv Conditions. Notwithstanding anything contained in this Lease
to the contrary, if: (i) any of the Possession Conditions have not occurred by the Outside
Possession Date; (ii) Lessee does not close the Construction Loan by the Outside Construction
Loan Closing Date; (iii) Lessee does not commence construction by the Outside Construction
Commencement Date; (iv) Lessee does not Complete Construction by the Outside Completion
Date; or (v) the Opening Date does not occur by the Outside Opening Date, then
notwithstanding anything to the contrary set forth in Section 7.1 below, Lessee hereby waives
any further right to cure, and the City shall be entitled to immediately revoke the licenses
30
541
granted to Lessee pursuant to the Assignment of Plans and Approvals, the Assignment of Hotel
Project General Construction Contract and the Assignment of Contracts and Agreements and to
immediately terminate this Lease upon written notice to the Lessee; provided that Lessee shall
also have the right to immediately terminate this Lease upon written notice to the City on or
before the Outside Possession Date if the event described in clause (i) of this Section 4.1(f)
does not occur as described therein and in any such event, the Parties shall thereafter be
released from all obligations set forth herein except any such obligations that expressly survive
termination.
(g) Easements. Lessee agrees that this Lease shall be subject to and contingent
upon the execution of certain easements, including any applicable access easements. On the
Possession Date, the easements in substantially the forms attached hereto as Exhibit "G" (the
"Easements") shall be executed by all necessary parties. The Parties shall also prior to the
Possession Date enter into any easements which may be required by Lessee to connect utilities
to the Hotel Site as shown in the Approved Plans. The Parties shall thereafter cause the
Easements to be promptly recorded among the public records of Miami-Dade County, Florida.
The Easements shall be held in escrow by the City and released therefrom and recorded among
the public records of Miami-Dade County, Florida prior to the Commencement of Construction.
Section 4.2. Restrictive Covenants.
(a) Permitted Use. Lessee shall operate the Hotel Prolect throughout the Term as a
convention headquarter hotel for the accommodation of hotel guests, and for related banquet,
meeting and similar purposes, with related retail shops, restaurants and such other amenities as
are consistent with the Hotel Standards.
(b) Use Restrictions. The Hotel Project shall not be used by Lessee, nor shall
Lessee knowingly permit the use thereof by any other Person for the following: (i) any unlaMul
or illegal business, use or purpose; (ii) any business, use or purpose which is immoral,
disreputable (including "adult entertainment establishments" and "adult" bookstores) or extra-
hazardous; (iii) a nightclub where the sale of food is only incidental to the sale of alcoholic
beverages and where the establishment is licensed and primarily operated as an "Alcoholic
beverage establishment (midnight to 5:00 a.m.)" as defined by Section 114-1 of the City of
Miami Beach Code (other than and specifically excluding the Hotel's lobby bars, rooftop bars or
cocktail lounges, pool bars, restaurants, banquet functions or other similar food and beverage
operations contemplated as part of the Approved Plans or the Mandatory Hotel Project Design
Elements); (iv) any Gaming Establishment (whether or not such use is permitted by applicable
law), or (v) any use that constitutes a public nuisance of any kind. Lessee shall have no right to
convert the use of the Hotel Project or any portion thereof to any time sharing, time interval or
cooperative form of ownership, or to subject the same to any condominium regime.
(c) Nuisances Disallowed. Lessee shall not make any use of the Leased Property,
nor shall it allow any of its sub-lessees or invitees to make use of the Leased Property, in a
manner that creates or reasonably will lead to a public or private nuisance under state or local
law. Upon notification by City that such a nuisance is then being allowed on the Leased
Property, Lessee shall promptly take steps necessary to abate such nuisance to the City's
reasonable satisfaction. City shall retain all of its contract rights to abate a nuisance under the
terms of this Lease, as well as its regulatory rights to abate such nuisance in accordance with
then-current law.
31
542
(d) No Discrimination. Lessee shall comply with, and shall cause others to comply
with, Governmental Requirements prohibiting discrimination by reason of race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status,
and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion
thereof. Lessee's compliance with the City's Human Rights Ordinance, codified in Chapter 62
of the City Code, as may be amended from time to time, shall be a material term of this Lease.
Lessee shall cause for this provision to be incorporated in the Management Agreement with the
Hotel Operator.
(e) Lessee's Riqhts To Operate a Convention Hotel Not Exclusive. Except as specified
herein, it is expressly understood and agreed that the rights granted under this Lease are non-
exclusive and City reserves the right to grant similar privileges and similar leases to other
lessees on other City-owned or leased property, and to take any and all actions (including the
leasing of City property other than the Leased Property for any lawful purpose) that City is
permitted to take under federal, state, and local law. Solely with respect to the development of
other hotels on City-owned or City-leased property, the City agrees as follows:
(i)Collins Site. With respect to the City-owned property bounded by the south right-
of-way line of 22nd Street to the North, the north right-of-way line of 21"t Street to the South, the
east rightof-way line of Collins Avenue to the West and the Atlantic Ocean to the East (the
"Collins Site"), the City may at any time permit a hotel with up to 400 separately keyed hotel
sleeping rooms to open for business to the general public, provided any such hotel at the Collins
Site (1) contains leasable ballroom and conference/meeting space not exceeding in the
aggregate a maximum of thirty (30) square feet per separately keyed sleeping room, and (2) is
required to include the minimum elements required to obtain a five-star rating from the Forbes
Travel Guide and a five-diamond rating from the American Automobile Association 1"puqq"), or, if
either one of these rating systems is discontinued, such hotel is required to include the minimum
elements required to obtain at least one of the two ratings specified in this Section a.2(e)(i).
(ii) 17th Street Garaqe Site. With respect to the City-owned property located at 640
17th Street, Miami Beach, Florida (the "17th Street Garage Site"), the City shall not permit a hotel
to open for business to the general public for a period of four (4) years after the Opening Date.
After the fourth anniversary of the Opening Date, the City may permit a hotel with up to 250
separately keyed hotel sleeping rooms to open for business to the general public at the 17th
Street Garage Site.
(iii) Other Citv-Owned or Citv-Leased Sites Between Sth Street and 41't Street.
Except with respect to any hotel developed at the Collins Site or any hotel developed at the 17th
Street Garage Site in accordance with the provisions set forth above in Sections a.2(e)(i) and
4.2(e)(ii), respectively, the City shall not permit any other hotel to open for business to the
general public on City-owned or City-leased property within the area bounded by the north right
of way line of Sth Street and the south right of way line of 41't Street, with an extension of both
streets in an easterly and westerly direction to the waterfront, for a period of eight (8) years after
the Opening Date.
(iv) The foregoing restrictions in Sections a.2(eXi) through 4.2(e)(iii) shall expire at
the end of the eighth anniversary of the Opening Date.
32
543
(0 Room Block Agreement. Lessee shall operate, and cause the Hotel Operator
to operate, the Leased Property in material compliance with the terms of the Room Block
Agreement throughout the Term.
(g) No Ownership lnterests in Gaminq Establishments in Miami-Dade Countv.
Lessee, and any Persons with an ownership interest in Lessee, shall not, directly or indirectly,
own, operate or manage a Gaming Establishment in Miami-Dade County, Florida; provided,
however, that the foregoing restriction shall not prevent Persons having an ownership interest in
Lessee, from owning or Controlling in the aggregate five percent (5%) or less of the voting
securities of any owner, operator or manager of a Gaming Establishment in Miami-Dade
County, Florida.
(h) Enforceabilitv. The restrictive covenants contained in this Section 4.2 shall be
binding upon the Parties and shall be for the benefit and in favor of, and enforceable by, the
Parties, and their successors and assigns, as the case may be. lt is further understood that
such covenants shall not benefit or be enforceable by any other Person.
Section 4.3. Representations.
(a) Lessee's Representation. Lessee represents to the City that its principals and
Affiliates are experienced in the development, construction, leasing and operation of hotel
properties generally, and that Lessee has independently determined the merits and risks of
electing to proceed with the development of the Hotel Project, and that Lessee is not and, will
not be relying upon any information that may have been or hereafter be provided to Lessee with
respect to or relating to the financial results derived from, financial merits of investing in, or other
economic or other benefits that may be realized from the development, construction, leasing
and operation of the Hotel Project or sale of Lessee's interests in this Lease.
(b) No Representation or Warranties Bv Gitv. Lessee acknowledges and agrees
that it will be given the opportunity to perform all inspections and investigations concerning the
Leased Property to its satisfaction prior to the Possession Date, and the City (i) except as
specifically provided in this Lease, is not making and has not made any representations or
warranties, express or implied, of any kind whatsoever with respect to the Leased Property,
including any representation or warranty of any kind with respect to title, survey, physical
condition, suitability or fitness for any particular purpose, the financial performance or financial
prospects of the Hotel Project, its value, or any other economic benefit that can be realized or
expected therefrom, the presence or absence of Hazardous Substances, the tenants and
occupants thereof, the zoning or other Governmental Requirements applicable thereto, taxes,
the use that may be made of the Leased Property, or any other matters with respect to this
transaction or Lease); (ii) Lessee has relied on no such representations, statements or
warranties, and (iii) City will in no event whatsoever be liable for any latent or patent defects in
the Leased Property (including any subsurface conditions).
(c) "AS lS" Condition of Leased Propertv. Lessee acknowledges it has relied
solely on Lessee's own inspections, tests, evaluations and investigations of and related to this
Lease and the Leased Property in its determination of whether to proceed with this Lease and
the Hotel Project. As a material part of the consideration of this Lease, Lessee agrees to accept
the Leased Property on the Possession Date in its "AS lS" and "WHERE lS" condition "WITH
ALL FAULTS" and latent or patent defects, and without representations and warranties of any
kind, express or implied, or arising by operation of law.
33
544
(d) The provisions of this Section 4.3 shall survive the termination of this Lease.
Section 4.4. Rent and Other Pavments. Lessee covenants and agrees to pay the City, from
and after the date hereof and during the Term the following Rent, as applicable:
(a) Base Rent. Commencing as of the later of (i) Opening Date and (ii) the
completion of construction of the MBCC Project such that the Convention Center may hold
events utilizing all 4 main exhibit halls (the later of such dates being the "Rent Commencement
Date"), and except as set forth below, monthly rent in the amount of the greater of (x) two and
one-half percent (2.5o/o) of the Gross Operating Revenues for such month or (y) one-twelfth
(t12th) of the Minimum Fixed Rent set forth in Section .a(a)(i) of this Lease ("Base Rent");
provided, however, that
. for each month during the period commencing on the Rent Commencement Date
and ending on December 31 of the year in which the first anniversary of the Rent
Commencement Date occurs (the "First Rent Year"), Base Rent shall be the greater
of (x) one-half percent (0.5%) of the Gross Operating Revenues for such month or
(y) onetwelfth (1/12th1 of the Minimum Fixed Rent;
. for each month during the period commencing on the first day after the end of the
First Rent Year and ending on the day before the anniversary thereof (the "Second
Rent Year"), Base Rent shall be the greater of (x) One percent (1.0%) of the Gross
Operating Revenues for such month or (y) one-twelfth (1l12th) of the Minimum Fixed
Rent;
. for each month during the period commencing on the first day after the end of the
Second Rent Year and ending on the day before the anniversary thereof (the "Third
Rent Year"), Base Rent shall be the greater of (x) one and one-half percent (1.5o/o) of
the Gross Operating Revenues for such month or (y) one-twelfth (1l12th) of the
Minimum Fixed Rent; and
. for each month from and after the end of the Third Rent Year, the Base Rent shall be
the greater of (x) two and one-half percent (2.5%o) of the Gross Operating Revenues
for such month or (y) onetwelfth ( 1/1 2th; of the Minimum Fixed Rent.
. for each year from and after the end of the Third Rent Year (each such year being a
"Rent Yea/'), Lessee shall also pay as Base Rent (x) an amount equal to one and
one-half percent (1.5%) of the Gross Operating Revenue for such Rent Year if, and
only if, the Gross Operating Revenue for such Rent Year exceeds one hundred and
ten percent (110%) of (i) in the first year after the Third Rent Year, the projected
Gross Operating Revenue for such Rent Year in the pro forma which is developed
with the input of the lnitial Hotel Operator and accepted by the Construction Lender
in connection with the closing of the Construction Loan (the "Fourth Year Projected
GOR"), and (ii) in each Rent Year thereafter, the Fourth Year Projected GOR
adjusted annually for inflation pursuant to Section 14.20 hereof, with such increase
measured from the first day of each Rent Year until the first day of each succeeding
Rent Year, and (y) an amount equal to one percent (1%) of the Gross Operating
Revenue for such Rent Year if, and only if, the Gross Operating Revenue for such
Rent Year exceeds one hundred and twenty five percent (125o/o) of (i) in the first year
after the Third Rent Year, the Fourth Year Projected GOR, and (ii) in each Rent Year
34
545
thereafter, the Fourth Year Projected GOR adjusted annually for inflation pursuant to
Section 14.20 hereof, with such increase measured from the first day of each Rent
Year until the first day of each succeeding Rent Year (the amount payable pursuant
to (x) and (y) above being the "Additional Base Rent").
The Base Rent shall be due and payable on or before the twenty-fifth (25th) day of each month
following the month for which the Base Rent is applicable; provided that the Additional Base
Rent shall be due and payable on or before the twenty-fifth (25th) day after the end of each Rent
Year. Prior to the closing of the Construction Loan, Lessee shall provide City with a copy of the
pro forma accepted by the Construction Lender in connection with the closing of the
Construction Loan.
(i) Minimum Fixed Rent. "Minimum Fixed Rent" shall be an annual fixed rent
payable in twelve (12) equal monthly installments, prorated as to any partial month,
commencing on the Rent Commencement Date and continuing on the first day of each month
thereafter. Attached as Exhibit "R" hereto is a schedule setting forth the Minimum Fixed Rent
for the period commending on the Rent Commencement Date and ending on December 31 of
the year in which the tenth (1Oth) anniversary of the Rent Commencement Date occurs; provided
that the amount shown for the first year shall apply for the period commencing on the Rent
Commencement Date and ending on December 31 of the year in which the first anniversary of
the Rent Commencement Date occurs, prorated for any partial calendar years. Commencing on
January 1't following the tenth anniversary of the Rent Commencement Date, and every ten (10)
Lease Years thereafter (each, a "Minimum Fixed Rent Reset Date"), the Minimum Fixed Rent
shall be adjusted to equal the greater of (x) the Minimum Fixed Rent payable for the period
immediately preceding the Minimum Fixed Rent Reset Date, or (y) fifty-five percent (55%) of the
average Base Rent payable for each twelve month period during the preceding ten (10)
calendar year periods; provided that for the first Minimum Fixed Rent Reset Date item (y) shall
be fifty-five percent (55%) of the average Base Rent for each twelve month period payable
during the preceding five (5) calendar year period.
(ii) Each Base Rent payment shall be accompanied with documentation
sufficient for City to verify the accuracy of the Base Rent payment, and in a format and of a
detail reasonably required by City.
(iii) By May 1 of each year following the Rent Commencement Date, Lessee
shall provide City with a certified report, prepared and attested to by an independent CPA, as to
the correct Gross Operating Revenues for the previous calendar year. The report shall be
prepared in accordance with the American lnstitute of Certified Public Accountants'
requirements for special reports. All Base Rent payments and annual reports are subject to
audit under Section 4.40.
(iv) Lessee shall be responsible for any applicable sales tax payable in
connection with the Rent.
(b) Transaction Rent. Lessee covenants and agrees to pay the City as Additional
Rent, within sixty (60) days after the closing of the first three Transfers effecting a sale of the
entire Hotel Project or a Transfer of a Controlling interest in Lessee to an unaffiliated third party
(other than a Transfer (i) pursuant to a foreclosure of a Leasehold Mortgage or a delivery by
Lessee of a deed in lieu thereof or (ii) pursuant to a foreclosure of the pledge of ownership
interests of Lessee granted pursuant to a Mezzanine Loan or Credit Enhancement or a delivery
by Lessee of an assignment in lieu thereof), an amount equal to the lesser of (x) $2 million, or
35
546
(y) 0.25% of the gross sales price (less typical closing adjustments and credits) in connection
with such Transfer (each "Transaction Rent"); provided that Transaction Rent shall be payable
in connection with the first such Transfer (and such first Transfer shall be counted as the first
Transfer) only if the gross sales price in connection with such Transfer exceeds $580 million (or
a prorated portion thereof if such Transfer is of less than 100% of the ownership interests of
Lessee). lf the first such Transfer has a gross sales price equal to or less than $580 million,
Transaction Rent shall apply to the next two (2) succeeding Transfers regardless of whether the
gross sales price in connection therewith exceeds $580 million.
(i) An example of calculating Transaction Rent pursuant to Section a.4(b) is
set forth on Exhibit "O".
(c) Non-subordination of Rent. The Rent payable to City hereunder shall never be
subordinated, including to any sums due under the Construction Loan or any other financing by
Lessee, and City shall at all times have a first priority right to payment of the Rent from Gross
Operating Revenues.
(d) Pavment of Rent and Other Pavments. All Rent and other payments hereunder
required to be made to the City shall be paid to the City at the Office of the Director of Finance,
Miami Beach City Hall, 1700 Convention Center Drive,3'd Floor, Miami Beach, Florida 33139
and in such manner or at such other place as the City shall designate from timetotime in a
notice given pursuant to the provisions of Section 14.5.
(e) Late Pavment Charqe. ln the event the Lessee fails to make any payments, as
required to be paid underthe provisions of this Lease, within fifteen (15) days aftersame shall
become due, interest at the Default Rate shall accrue against the delinquent payment(s) from
the original due date until the City actually receives payment. The right of the City to require
payment of such interest and the obligation of the Lessee to pay same shall be in addition to
and not in lieu of the rights of the City to enforce other provisions herein, including termination of
this Lease, and to pursue other remedies provided by law. All payments of money required to
be paid to the City by Lessee under this Lease other than Base Rent, including interest, late
fees, penalties and contributions, shall be treated as Additional Rent.
(0 Dishonored Gheck or Draft. ln the event that the Lessee delivers a dishonored
check, draft or wire transfer to the City in payment of any obligation arising under this Lease, the
Lessee shall incur and pay City an amount that is three (3) times the service fee incurred by City
for such dishonored check or draft. Further, in such event, the City may require that future
payments required pursuant to this Lease be made by cashier's check or other means
acceptable to the City.
(g) Holdover Rental. ln the event that the Lessee remains in possession of the
Leased Property beyond the Term or termination of this Lease, the Lessee shall be bound by all
of the terms and conditions of this Lease to the same extent as if this Lease were in full force
and effect during the time beyond the expiration date of this Lease. However, during any such
possession of the Leased Property, as a holdover tenant after the City has demanded the return
of the Leased Property, the Lessee shall be liable for double the Base Rent being paid at that
time, or, if Section 83.06, Florida Statutes, as amended provides a greater amount, then
whatever greater amount is specified in the Florida Statutes.
36
547
(h) No Abatement of Rent. Except as may be othenvise expressly provided herein,
there will be no abatement, diminution or reduction of Rent payable by Lessee hereunder or of
the other obligations of Lessee hereunder under any circumstances.
(i) Lessee lmprovements Not Deemed Rent. The Lessee lmprovements will be
made by Lessee in order to put the Leased Premises in a condition suitable for the operation of
the Lessee's business. The cost or value of the Lessee lmprovements is intended by the parties
to inure solely to the benefit of the Lessee and no portion of such cost or value is intended to
inure to the benefit of the City or constitute rent, license fee or other consideration for the right to
occupy the Leased Property or the Lessee lmprovements until the surrender of the Leased
Property from Lessee to the City at the expiration or earlier termination of this Lease.
(j) Records and Reportins.
(i) For the purpose of permitting verification by the City of any amounts due
to it, including an account of Gross Operating Revenues, Base Rent and Transaction Rent,
Lessee shall keep and preserve for at least five (5) years in Miami-Dade County, Florida, at the
address specified in Section 14.5, or at its home office, auditable original or duplicate books and
records for the Hotel Project, which shall disclose all financial information regarding the Hotel
Project, including information required to determine Base Rent and Transaction Rent. All such
records shall be maintained in every material respect according to GAAP and, as applicable to
the Hotel, the Uniform System. The City shall, on commercially reasonable notice, have the right
during normal business hours at the expense of the City unless othenirrise provided herein to
inspect such books and records and make any examination or audit or copy thereof which the
City may require at any time within one year after (a) submittal of the annual certification to City
set forth in Subsection 4.4(1)(ii) with respect to the Gross Operating Revenues, and (b) a
Transfer pursuant to which Transaction Rent is due in accordance herewith, with respect to the
gross sales price of such Transfer, as applicable. Records copied by the City, if any, shall be
subject to the requirements of the Florida Public Records Act set forth in Chapter 119 of the
Florida Statutes ("Public Records Act"). To the fullest extent permitted by law, City shall protect
from disclosure any records that are confidential and exempt from disclosure under Florida law,
provided, however, that nothing herein shall preclude the City or its employees from complying
with the disclosure requirements of the Public Records Act, and any such compliance shall not
be deemed an event of default by the City under this Lease. City shall use its good-faith,
diligent efforts to provide timely written notice to Lessee of any public records request seeking
any records of the Lessee that may be within the City's custody, possession or control, to permit
Lessee the opportunity to seek to protect such information from disclosure. lf such audit shall
disclose a liability for Rent in excess of the Rent theretofore paid by Lessee for the period in
question, Lessee shall pay such excess amounts, together with interest at the Default Rate, as
Additional Rent within thirty (30) days after receipt of written demand therefor, and if such audit
shall disclose an overpayment of the Rent theretofore paid, the City shall return the excess to
Lessee within thirty (30) days after receipt of written demand therefore.
(ii) Lessee shall provide the City with an annual Audited Gross Operating
Revenues Schedule for each Lease Year during the Term, certified by the Lessee's outside
CPA, within one hundred twenty (120) days after the close of each Lease Year (including the
Lease Year in which this Lease terminates or is terminated) specifying the Gross Operating
Revenues, for each of the categories or items identified in the definition of Gross Operating
Revenues category, Base Rent for the applicable Lease Year and Additional Base Rent, if any.
37
548
(iii) lf Lessee shall fail to deliver the foregoing annual Audited Gross
Operating Revenues Schedule to the City within said one hundred twenty (120) day period, the
City shall have the right to either conduct an audit itself or to employ an independent certified
public accountant to examine such books and records as may be necessary to certify the
amount of Rents due with respect to such Lease Year and to obtain the information described
above. Lessee shall pay to the City, within thirty (30) days after receipt of written demand
thereof, as Additional Rent, the cost of any audit performed by or for the City pursuant to this
item (iii).
(iv) lf the City disagrees with the annual Audited Gross Operating Revenues
Schedule provided by Lessee, it may conduct its own audit within one year after receipt of same
by City, which Lessee shall pay for if said audit demonstrates a deficiency of more than three
percent (3%), in the amount of Base Rent due to the City. lf in the course of any audit the City
identifies a deficiency in excess of five percent (5%) in the amount of Base Rent (including any
Additional Base Rent due to the City), the City shall have the right to audit Lessee's books and
records for the three (3) prior calendar years. lf the City identifies any deficiencies in excess of
five percent (5%) in the amount of Base Rent (including any Additional Base Rent) due as a
result of an audit of any of those three (3) prior calendar years, the City shall have the right to
audit an additional two (2) prior calendar years. Any dispute between the two audits which
cannot be resolved by the Parties shall be resolved in accordance with Section 7.8 of this
Lease. The cost of any audit by the City which Lessee is required to pay the cost of pursuant to
this Section shall be the cost charged to the City by its independent auditors, or if done by City
personnel, the direct employee salary cost to the City for the time spent by said employees in
performing such audit, but not in excess of what would have been charged to the City for the
same service by the City's outside auditors.
(v) Quarterly, commencing on the Possession Date and continuing until the
Completion of Construction, and not less often than annually thereafter, Lessee shall deliver to
the City a written report detailing the employment by Lessee of City of Miami Beach and Miami-
Dade County residents in the construction, operation and maintenance of the Hotel Project.
Section 4.5. Covenants for Pavment of Public Charqes bv Lessee.
(a) Pavment of Public Charqes. Payment of Public Charges includes:
(i) Lessee, in addition to the Rent and all other payments due to City
hereunder, covenants and agrees timely to pay and discharge, before any fine, penalty, interest
or cost may be added, all real and personal property taxes, all ad valorem real property taxes,
all taxes on Rents payable hereunder and under Subleases, tourist, room and restaurant taxes,
public assessments and other public charges; and
(ii) Special Assessments pursuant to Section 4.5(d), electric, water and
sewer rents, rates and charges levied, assessed or imposed by any Governmental Authority
against the Leased Property, including all Lessee lmprovements thereon, in the same manner
and to the same extent as if the same, together with all Lessee lmprovements thereon were
owned in fee simple by Lessee.
(collectively, "Public Charges");
(b) Lessee's obligation to pay and discharge Public Charges levied, assessed or
imposed against or with respect to the Leased Property shall not commence until the
38
549
Possession Date. All such charges shall be prorated if the Possession Date is not at the
beginning of the calendar year. Lessee, upon written request, shall furnish or cause to be
furnished to the City, official receipts of the appropriate taxing authority, or other proof
satisfactory to the City evidencing the payment of any Public Charges.
(c) Contestinq lmpositions.
(i) Lessee shall have the right to contest the amount or validity, in whole or
in part, of any Public Charges, for which Lessee is, or is claimed to be, liable, by appropriate
proceedings diligently conducted but only after payment of such Public Charges, unless such
payment would operate as a bar to such contest or materially interfere with the prosecution
thereof, in which event, payment of such Public Charges may be postponed if, and only if,
Lessee has deposited with City, in its capacity as landlord under this Lease, cash or other
security Approved by the City Manager in the amount so contested and unpaid, together with
interest and penalties in connection therewith and any other charges that may be assessed
against or become a charge on the Leased Property or any part thereof in such proceedings.
Upon the termination of any such proceedings, Lessee shall pay the amount of such Public
Charges or part thereof, if any, as finally determined in such proceedings, together with any
costs, fees, including counsel fees, interest, penalties and any other liability in connection
therewith, and may use the cash or other security deposited with the City for such purpose.
(ii) City shall not be required to join in any proceedings referred to in this
Section a.5(c) unless:
(1) Governmental Requirements shall require that such proceedings
be brought by or in the name of City; or
(2) the proceeding involves the assessment or attempted assessment
of a real estate or ad valorem tax on the Leased Property,
in which event the City shalljoin in such proceedings or permit the same to be brought in the
City's name. Notwithstanding the foregoing, City's joinder and cooperation shall be limited to
actions necessary to enable Lessee to satisfy technical requirements of any action or
proceeding and in no event shall City be required to join in such action or proceeding in any
substantive capacity.
(iii) Except for any counsel it retains separately, the City shall not be
subjected to any liability to pay any fees, including counsel fees, costs and expenses regarding
such proceedings. Lessee agrees to pay such fees, including commercially reasonable counsel
fees, costs and expenses or, on demand, to make reimbursement to the City for such payment.
The City will endeavor to use in house counsel whenever possible, in accordance with the City's
customary practices.
(d) SpecialAssessments. The City retains all its rights to impose nondiscriminatory
special assessments or other public charges; provided, however, if at any time the City, in its
municipal capacity, subjects non-governmental users to an exclusive franchise for trash removal
or other public services, Lessee will be treated the same as similarly sized and situated
properties (such as the Miami Beach Loews Hotel).
39
550
ARTICLE V
ASSIGNMENT
Section 5.1. Purpose of Restrictions on Transfer. This Lease is granted to Lessee solely to
develop the Hotel Project and its subsequent use according to the terms hereof, and not for
speculation in landholding. Lessee recognizes that, in view of the importance of developing the
Hotel Project to the general welfare of the City and the general community, the Lessee's
qualifications and identity are of particular concern to the community and the City. Accordingly,
Lessee acknowledges that it is because of such qualifications and identity that the City is
entering into this Lease with Lessee, and, in so doing, the City is further willing to accept and
rely on the Lessee's obligations for faithfully performing all its undertakings and covenants.
Section 5.2. Transfers. Lessee represents and warrants that Lessee has not made, created
or suffered any Transfers as of the date of this Lease and that the Persons that have an
ownership interest in Lessee on the date of this Lease are listed, together with their percentage
and character of ownership, on Exhibit "M". No Transfer may or shall be made, suffered or
created by Lessee, its successors, assigns or transferees without complying with the terms of
this Article V. Any Transfer that violates this Lease shall be null and void and of no force and
effect.
Section 5.3. Permitted Transfers.
(a) Prior to the Opening Date, other than Permitted Transfers, no Transfer will be
permitted without the written Approval of the City.
(b) Each of the following Transfers, shall be permitted hereunder without the City's
Approval ("Perm itted Transfers"):
(i) a Transfer prior to the Possession Date of a direct or indirect interest in
Lessee to an equity investor funding the balance of the Equity Commitment in excess of the
Portman Minimum Equity Contribution (together with any additional amounts funded by Portman
or one of its Affiliates), provided that such transferee is an Acceptable Owner;
(ii) a Transfer after the Opening Date of the entire Hotel Project or any direct
or indirect interest in Lessee provided that (i) the transferee is an Acceptable Owner; (ii) the City
is given written notice thereof together with true and correct copies of the proposed Transfer
documents and other agreements between the parties and current certified financial statements
(to the extent applicable) and other relevant information of the proposed transferee in
accordance with the time frames set forth on Exhibit "A" attached hereto in order for City
Manager to confirm that the transferee (or the Lessee) is an Acceptable Owner; (iii) no Event of
Default has occurred and is continuing and (iv) all of the conditions precedent to the
effectiveness of such Transfer as set forth in Section 5.5 hereof are satisfied;
(iii) Any Transfer, if in accordance with the terms and conditions of Article Vl,
by the First Leasehold Mortgagee, to an agent, designee or nominee of the First Leasehold
Mortgagee that is wholly owned or Controlled by such First Leasehold Mortgagee;
(iv) Any Transfer directly resulting from the foreclosure of a First Leasehold
Mortgage or the granting of a deed in lieu of foreclosure of a First Leasehold Mortgage or any
Transfer made to the purchaser at foreclosure of a First Leasehold Mortgage or to the grantee
of a deed in lieu of foreclosure of a First Leasehold Mortgage (if such purchaser or grantee is a
40
551
nominee in interest of the First Leasehold Mortgagee), and provided further that such Transfer,
purchase or grant is in accordance with the terms and conditions of Article Vl;
(v) Any Transfer directly resulting from a conveyance to a First Leasehold
Mortgagee of Lessee's interest provided it is in accordance with the terms and conditions of
Article Vl;
(vi) Any Transfer directly resulting from the foreclosure by the Mezzanine
Lender of a pledge of ownership interests of Lessee or any Transfer made to the purchaser at a
foreclosure of such pledge of ownership interests of Lessee (if such purchaser is a nominee in
interest of the Mezzanine Lender), or any assignment in lieu of such foreclosure, provided that
such Transfer is in accordance with the terms and conditions of Article Vl;
(vii) Any Transfer, or series of Transfers, not permitted pursuant to Sections
5.3(bxi) and 5.3(b)(ii) above of not more than an aggregate of ten percent (10%) of the direct or
indirect ownership interests in Lessee, provided that at all times after such Transfer, Portman or
an Affiliate thereof, an Acceptable Owner or other successor Person Approved by the City
Manager has the power to direct the dayto-day management and policies of Lessee;
provided, however, in the case of any Transfer hereunder, the proposed transferee shall not,
directly or indirectly, own, operate or manage any Gaming Establishment in Miami-Dade
County, Florida and any purported Transfer in violation hereof shall be null and void and of no
force and effect; provided, however, that the foregoing restriction shall not apply to a proposed
transferee if all Persons owning or Controlling such proposed transferee, own or control in the
aggregate five percent (5%) or less of the voting securities of any owner, operator or manager
of a Gaming Establishment in Miami-Dade County, Florida.
Section 5.4. Transfer Requiring Citv's Approva!. Regarding any Permitted Transfer
pursuant to Section 5.3(b) or any other Transfer that is not a Permitted Transfer, Lessee shall
give or cause to be given to the City written notice of a Transfer (in the case of a Permitted
Transfer), or written notice requesting Approval of any other Transfer that is not a Permitted
Transfer, and submitting all information reasonably necessary for the City Manager (or the City
Commission, with respect to Transfers to certain Foreign lnstrumentalities as specified herein)
to evaluate the proposed transferees and the Transfer and to obtain the City's Approval of
same, when required. lf a Permitted Transfer, said information shall demonstrate that the
transferee is an Acceptable Owner as set forth on Exhibit "A" attached hereto lf not a
Permitted Transfer, Lessee shall provide to the City the information described in Paragraph C of
Exhibit "A" and the provisions described in Paragraph D of Exhibit "A" shall apply. The City's
confirmation or Approval process shall proceed as set forth on Exhibit "A" attached hereto.
Any Approval of a Transfer to a Foreign lnstrumentality (other than to any of the member
countries of the European Unionl or the Gulf Cooperation Council2, each as existing as of the
Effective Date, Canada, Mexico, countries located in South America, Japan, South Korea,
1 As of 7117t2015, the member countries are Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, lreland, ltaly, Latvia, Lithuania,
Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden,
and the United Kingdom.
2 As of 07117t2015, the member countries are Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the
United Arab Emirates.
41
552
Singapore and Australia, or Persons Controlled by any of the foregoing countries) shall be
subject to the prior written approval of the City Commission, which approval may be granted,
conditioned or withheld by the City Commission in its sole discretion. Any Approval of a
Transfer shall not waive any of the City's rights to Approve or disapprove of any subsequent
Transfer. Lessee shall from time to time throughout the Term, as the City shall reasonably
request, furnish the City with a complete statement, subscribed and sworn to by a Responsible
Officer of Lessee, setting forth the full names and address of holders of the ownership interests
in Lessee who hold, directly or indirectly, at least a ten percent (10%) interest in Lessee as well
as to confirm the percentage ownership interest, if any, of such Responsible Officer.
Section 5.5. Effectiveness of Transfers. No Transfer shall be effective unless and until all of
the following conditions precedent are satisfied within thirty (30) days of such Transfer:
(a) executed copies of the Transfer documents and other agreements between the
parties to the Transfer are delivered to the City; and
(b) where the Transfer is pursuant to Section S.3(bXii), and if it is of the entire Hotel
Project, the Person to which any such Transfer is made, by a commercially reasonable, written
instrument and in form recordable among the public records, shall, for itself and its successors
and assigns, and especially for the benefit of the City, expressly assume all of the obligations of
Lessee under this Lease and agree to be liable and subject to all conditions and restrictions to
which Lessee is subject.
Section5.6. Sublettinq.
(a) Subject to the other terms and conditions of this Lease, Lessee shall have the
right to enter into Subleases of portions of the Leased Property at any time and from time to
time during the Term of this Lease with such Subtenants and upon such commercially
reasonable terms and conditions as Lessee shall deem fit and proper, provided the Sublease is
consistent with this Lease and consistent with the Hotel Standards. At the City's request,
Lessee shall allow the City to review and inspect any and all Subleases for the Hotel Project.
(b) Lessee covenants that it will perform and observe in all material respects all the
terms, covenants, conditions and agreements required to be performed and observed by it
under each Sublease. Lessee agrees that each Sublease shall:
(i) require the Subtenant to maintain adequate books and records including
reasonably detailed information on Gross Operating Revenues of the applicable subleased
portion of the Leased Premises and to submit the same for inspection and audit by the City and
require the Subtenant to comply with Governmental Requirements;
(ii) provide that, if this Lease terminates, the Subtenant shall, if required by
the City, pay all rents and all other charges required by such Sublease directly to the City; and
(iii) obligate the Subtenant not to violate any term, covenant or restriction
applicable to Lessee that is contained in this Lease. ln addition, Lessee shall in all events
require and cause Subtenants to perform obligations imposed by the Lease and applicable to
such Sublease (specifically including the obligations set forth in this Section 5.6).
(c) Notwithstanding anything to the contrary contained herein, at all times the Base
Rent payable to the City with respect to all portions of the Leased Property, whether or not
42
553
subleased to a Subtenant, shall be based on the Gross Operating Revenues of the Leased
Property, including any subleased portion of the Leased Property, and shall not be based on the
Sublease rent paid by any Subtenant thereunder (and such Sublease rent shall not be included
in calculating Gross Operating Revenues), except solely with respect to a portion of the Leased
Property leased to a Subtenant for purposes of operating a gift shop; a car rental facility; FedEx,
UPS or a similar delivery service; beachwear and equipment rental; and antennae; in which
cases, such Sublease rent (but not Gross Operating Revenues of such Subleased portions of
the Leased Property) shall be included in calculating Gross Operating Revenues.
ARTICLE V!
MORTGAGE FINANGING: RIGHTS OF MORTGAGEE AND LESSEE
Section 6.1. Conditions of Financins and Leasehold Mortqaqe.
(a) Lessee shall have the right to secure one or more financings or re-financings
and, in conjunction with and to secure that financing or re-financing, may enter into a First
Leasehold Mortgage in favor of a First Leasehold Mortgagee and/or a pledge of its ownership
interests in favor of aMezzanine Lender, provided that:
(i) any such secured financing of the Hotel Project exclusively secures debt
of the Lessee directly related to the Hotel Project;
(ii) no First Leasehold Mortgage or other encumbrance executed by the
Lessee in connection with such First Leasehold Mortgage or Mezzanine Loan or othenvise will
extend to or be a lien or encumbrance upon City's interest in any part of the Leased Property or
in any right appurtenant to that interest;
(iii) the First Leasehold Mortgage and any other encumbrance executed by
the Lessee in connection with such First Leasehold Mortgage or othenrvise shall at all times,
without the necessity for the execution of any further documents, be subject and subordinate to
the interest of the City in the Leased Property; provided that the First Leasehold Mortgagee
agrees from time to time upon request and without charge to execute, acknowledge and deliver
any instruments reasonably requested by the City under this Lease to evidence the foregoing
subordination;
(iv) the rights of the City in the Leased Property and arising out of this Lease
shall not be affected by the First Leasehold Mortgage, First Leasehold Mortgagee, Mezzanine
Loan or Mezzanine Lender, nor shall the City be deprived in any other way of its rights in the
Leased Property or under this Lease, except to the extent provided in this Article Vl or in any
subordination or other written agreement between the City and such First Leasehold Mortgagee
or Mezzanine Lender;
(v) Lessee shall at all times remain liable hereunder for the payment of Rent
and the performance of all covenants and conditions of this Lease as provided in this Lease;
(vi) at the time of the closing of the financing or re-financing, Lessee certifies
to the City that the Hotel Project, after taking into account all existing debt of the Lessee, is
projected to have and be able to sustain a Debt Service Coverage Ratio of not less than 1.25
(based on the reasonably projected first stabilized year for any financing that closes prior to the
43
554
end of the reasonably projected first stabilized year, and any twelve (12) consecutive months
out of the previous eighteen (18) months of operations for subsequent financings);
(vii) at the time of the closing of the financing or re-financing, the aggregate
amount of the principal indebtedness secured by (a) mortgages encumbering Lessee's interest
in the Leased Property and/or (b) pledges of ownership interests of Lessee, does not exceed an
amount equal to seventy percent (70%) of the sum of (1) the then value of Lessee's interest in
the Leased Property and any improvements previously constructed on the Leased Property, as
reasonably determined by a third-party appraiser selected by the City and engaged at Lessee's
sole expense, which appraiser must have at least ten (10) years of experience in appraising
hotel properties of at least four hundred (400) rooms in the Miami Beach area, (2) the value of
any improvements to be constructed on the Leased Property with the proceeds of such
financing or re-financing, and (3) all costs incurred, and all reserves required, in connection with
such financing or re-financing;
(viii) the First Leasehold Mortgagee waives all right and option to retain and
apply the proceeds of any insurance or the proceeds of any condemnation award toward
payment of the sum secured by the First Leasehold Mortgage to the extent such proceeds are
required for the demolition, repair or restoration of the Leased Property in accordance with the
provisions of this Lease; and
(ix) no purchaser at any foreclosure sale will acquire any right, title or interest
in or to this Lease, unless such purchaser, in a written instrument reasonably satisfactory to the
City, assumes and agrees to perform all of the terms, covenants and conditions of Lessee
hereunder arising after the date of such Transfer (provided that City does not waive or relinquish
its right, and shall have the right, to enforce its remedies with respect to any Event of Default
existing as of the date of such Transfer), that no additional mortgage or assignment of this
Lease or pledge of ownership interests of Lessee will be made except in accordance with the
provisions contained in this Article Vl, and that a duplicate original of such written instrument,
duly executed and acknowledged by such purchaser and in recordable form, is delivered to the
City immediately after the consummation of such sale, or, in any event, prior to taking
possession of the Leased Property.
(b) Prior to the date (i) a First Leasehold Mortgage is recorded or (ii) the Mezzanine
Lender, if any, enters into a Mezzanine Loan or Credit Enhancement agreement with Lessee,
the First Leasehold Mortgagee or Mezzanine Lender, as applicable, Lessee and the City (by
and through the City Manager) shall enter into a non-disturbance and attornment agreement
containing the provisions set forth in Section 6.1(d) below and such other terms and conditions
as are reasonably acceptable to the First Leasehold Mortgagee or Mezzanine Lender, as
applicable, and the City Manager, after consultation with the City's Chief Financial Officer and
City Attorney.
(c) Lessee shall deliver to the City, promptly after execution by Lessee, (i) a true and
verified recorded copy of any First Leasehold Mortgage and any amendment, modification or
extension thereof, together with the name and address of the First Leasehold Mortgagee and (ii)
a true and correct copy of any Mezzanine Loan or Credit Enhancement agreement and any
amendment, modification or extension thereof, together with the name and address of the
Mezzanine Lender.
44
555
(d) For so long as any First Leasehold Mortgage encumbers the Leased Property,
or, as applicable, a Mezzanine Lender holds a pledge of Lessee's ownership interest, and
provided the conditions of Section 6.1(a) through (c) above have been satisfied:
(i) in any event where the City gives Lessee notice of an Event of Default,
the City shall deliver a copy of such notice to the First Leasehold Mortgagee and Mezzanine
Lender, at the name and address designated in writing by the First Leasehold Mortgagee and
Mezzanine Lender to the City from time to time (the City shall be deemed to have fulfilled its
notice obligation by providing the required notice to the address delivered to the City in
accordance with Section 6.1(c) or such other address so designated by the First Leasehold
Mortgagee or Mezzanine Lender to the City in writing and shall not be responsible for any
liability in the event such address is not current);
(ii) notwithstanding the time allowed for Lessee to cure an Event of Default,
the First Leasehold Mortgagee and the Mezzanine Lender shall have the right, but not the
obligation, up to fifteen (15) days following the City's notice thereof to cure a monetary default
and thereafter keep all Rent and other amounts due hereunder current, and up to thirty (30)
days following the City's notice thereof to cure a non-monetary Event of Default (except an
Event of Default under Sections 7.1(c) or (d) hereof, for which the First Leasehold Mortgagee
and Mezzanine Lender will not be given any additional time to remedy), but if such non-
monetary Event of Default cannot be cured within such thirty (30) day period, then the First
Leasehold Mortgagee and Mezzanine Lender shall have up to ninety (90) days to cure, provided
that it has started to do so within the initial thirty (30) day period and thereafter continues to
diligently pursue the cure. The City will accept performance by the First Leasehold Mortgagee
and Mezzanine Lender of any covenant, condition or agreement on Lessee's part to be
performed hereunder with the same force and effect as though performed by Lessee; and
(iii) notwithstanding the provisions of Article Vll hereof, no Event of Default by
Lessee will be deemed to exist as to the First Leasehold Mortgagee as long as the First
Leasehold Mortgagee, in good faith, either promptly (A) commences to cure such Event of
Default and prosecute the same to completion in accordance with clause (ii) above, or (B) if the
nature of any non-monetary Event of Default (except an Event of Default under Sections 7.1(c)
or (d) hereof, for which the First Leasehold Mortgagee will not be given any additional time to
remedy) is such that possession of the Hotel Project is reasonably necessary to cure the Event
of Default or if the Event of Default is of the type that cannot commercially reasonably be cured
by the First Leasehold Mortgagee (e.9., Lessee bankruptcy) (and which will be waived as to the
First Leasehold Mortgagee if the First Leasehold Mortgagee cures all other Events of Default),
files a complaint for foreclosure and thereafter prosecutes the foreclosure action in good faith
and with diligence and continuity and obtains possession directly or through a receiver, and as
promptly as practicable after obtaining such possession, commences promptly to cure such
Event of Default and to prosecute the same to completion in good faith and with diligence and
continuity; provided, however, that the First Leasehold Mortgagee has delivered to the City, in
writing within twenty (20) days following receipt of City's notice of default, its agreement to take
the action described in clause (A) or (B) of this clause (iii), and that during the period in which
such action is being taken (and any foreclosure proceedings are pending), all of the other
obligations of Lessee under this Lease, to the extent they are susceptible of being performed by
the First Leasehold Mortgagee (e.9., the payment of Rent), are being duly performed. However,
at any time after the delivery of the aforementioned agreement, the First Leasehold Mortgagee
may notify the City, in writing, that it has relinquished possession of the Leased Property, or that
it will not institute foreclosure proceedings or, if such proceedings have been commenced, that it
has discontinued them, and in such event, the First Leasehold Mortgagee will have no further
45
556
liability under such agreement from and after the date which is 30 days after it delivers such
notice to the City (except for any obligations accruing prior to 30 days after the date it delivers
such notice), and, thereupon, subject to the rights of the Mezzanine Lender set forth in clause
(iv) below, the City will have the unrestricted right to terminate this Lease and to take any other
action it deems appropriate by reason of any Event of Default, and upon any such termination,
the provisions of Section 6.1(h) hereof will apply.
(iv) notwithstanding the provisions of Article Vll hereof, no Event of Default by
Lessee will be deemed to exist as to the Mezzanine Lender as long as the Mezzanine Lender,
in good faith, either promptly (A) commences to cure such Event of Default and prosecute the
same to completion in accordance with clause (ii) above, or (B) if the nature of any non-
monetary Event of Default (except an Event of Default under Sections 7.1(c) or (d) hereof, for
which the Mezzanine Lender will not be given any additional time to remedy) is such that
possession of the Lessee's ownership interests is reasonably necessary to cure the Event of
Default or if the Event of Default is of the type that cannot commercially reasonably be cured by
the Mezzanine Lender (e.9., Lessee bankruptcy) (and which will be waived as to the Mezzanine
Lender if the Mezzanine Lender cures all other Events of Default), has taken all reasonable
steps necessary to foreclose the pledge of the Lessee's ownership interests, and prosecutes
such action in good faith and with diligence and continuity and obtains possession of the
Lessee's ownership interest, and as promptly as practicable after obtaining such possession,
commences promptly to cure such Event of Default and to prosecute the same to completion in
good faith and with diligence and continuity; provided, however, that the Mezzanine Lender has
delivered to the City, in writing within twenty (20) days following receipt of City's notice of
default, its agreement to take the action described in clause (A) or (B) of this clause (iv), and
that during the period in which such action is being taken, all of the other obligations of Lessee
under this Lease, to the extent they are susceptible of being performed by the Mezzanine
Lender (e.9., the payment of Rent), are being duly performed. However, at any time after the
delivery of the aforementioned agreement, the Mezzanine Lender may notify the City, in writing,
that it has relinquished possession of the Lessee's ownership interests or that it will not seek to
foreclose the pledge of Lessee's ownership interests or, if such foreclosure has commenced,
that it has been discontinued, and in such event, lhe Mezzanine Lender will have no further
liability under such agreement from and after the date which is 30 days after it delivers such
notice to the City (except for any obligations accruing prior to 30 days after the date it delivers
such notice), and, thereupon, subject to the rights of the First Leasehold Mortgagee set forth in
clause (iii) above, the City will have the unrestricted right to terminate this Lease and to take any
other action it deems appropriate by reason of any Event of Default, and upon any such
termination, the provisions of Section 6.1(h) hereof will apply.
(e) From and after the date upon which the City receives the notice described in
Section 6.1(c) hereof, the City will not (i) consent to a cancellation or surrender of this Lease
(except upon the expiration of the Term), or any amendment or modification materially
increasing the Lessee's obligations hereunder or (ii) terminate this Lease other than as provided
in this Article Vl (except upon the expiration of the Term) without the prior written consent of the
First Leasehold Mortgagee and Mezzanine Lender, which consent shall not be unreasonably
delayed, conditioned or withheld.
(f) Foreclosure of a First Leasehold Mortgage or any sale thereunder, whether by
judicial proceedings or by any power of sale contained in the First Leasehold Mortgage or
applicable law, or any conveyance of the Hotel Project from Lessee to the First Leasehold
Mortgagee in lieu of the foreclosure or other appropriate proceedings in the nature thereof, or
46
557
any foreclosure of a Mezzanine Loan, or conveyance of the Lessee's ownership interest in lieu
thereof, shall not:
(i) require the City's consent; or
(ii) provided the First Leasehold Mortgagee or the Mezzanine Lender has
complied with the provisions of this Article Vl, constitute a breach of any provision of or a default
under this Lease.
(g) lf the First Leasehold Mortgagee or any other foreclosure sale purchaser
subsequently assigns or transfers its interest under this Lease after acquiring the same by
foreclosure or by an acceptance of a deed in lieu of foreclosure or subsequently assigns or
transfers its interest under any such new lease entered into pursuant to Section 6.1(h) below,
and in connection with any such assignment or transfer, the First Leasehold Mortgagee or any
other foreclosure sale purchaser takes back a First Leasehold Mortgage to secure a portion of
the purchase price, the holder of such First Leasehold Mortgage shall be a First Leasehold
Mortgagee entitled to receive the benefit of this Article Vl and all other provisions of this Lease
intended for the benefit of a First Leasehold Mortgagee. Similarly, if a Mezzanine Lender or a
purchaser under a UCC sale obtains title to the ownership interests in Lessee and subsequently
assigns or transfers its interests in such ownership interests, or subsequently assigns or
transfers its interest under any new lease entered into pursuant to Section 6.1(h) below, and in
connection with any such assignment or transfer, the Mezzanine Lender or any other UCC sale
purchaser takes back a pledge of the Lessee's ownership interests to secure a portion of the
purchase price, the holder of such pledge shall be a Mezzanine Lender entitled to receive the
benefit of this Article Vl and all other provisions of this Lease intended for the benefit of a
Mezzanine Lender.
(h) Should the Lessee or any First Leasehold Mortgagee or Mezzanine Lender not
cure the alleged Event of Default as provided in this Section 6.1, the City has the right to
terminate this Lease by reason of any uncured Event of Default as provided in this Lease. lf this
Lease is terminated by the City in accordance with the foregoing or is terminated as a result of
the bankruptcy of the Lessee, the City shall give written notification of such termination to the
First Leasehold Mortgagee and Mezzanine Lender, and the City shall, upon written request of
the First Leasehold Mortgagee to the City received within thirty (30) days after such notice of
termination, enter into a new lease of the Leased Property with such First Leasehold Mortgagee
or Lessee (as owned by Mezzanine Lender), as lessee, for the remainder of the Term with the
same covenants, conditions and agreements (except for any requirements which have been
fully satisfied by Lessee or City prior to termination or which pertain to the ownership of Lessee)
as are contained herein.
(i) The City's delivery of the Leased Property to the First Leasehold Mortgagee or
Lessee (as owned by Mezzanine Lender), as applicable, as lessee, pursuant to a new lease
shall be:
(i) made without representation or warranty of any kind or nature whatsoever
either express or implied;
(ii) First Leasehold Mortgagee or Lessee (as owned by Mezzanine Lender),
as lessee, shall take such Leased Property "as-is" in its then current condition; and
47
558
(iii) upon execution and delivery of such new lease, First Leasehold
Mortgagee or Lessee (as owned by Mezzanine Lender), as lessee, at its sole cost and expense
shall be responsible for taking such action as shall be necessary to cancel and discharge this
Lease and to remove Lessee named herein and any other occupant (other than as allowed by
the First Leasehold Mortgagee or Lessee (as owned by Mezzanine Lender), as applicable, as
lessee, or the City) from the Hotel Project.
U) The City's obligation to enter into such new lease of the Leased Property with the
First Leasehold Mortgagee or Lessee (as owned by the Mezzanine Lender) shall be conditioned
upon, on the date the new lease is executed:
(i) the City receiving payment of all Rent due hereunder through the date of
such new lease;
(ii) all monetary defaults hereunder having been cured;
(iii) all non-monetary defaults susceptible to cure having been remedied and
cured (or First Leasehold Mortgagee or Lessee (as owned by Mezzanine Lender), as
applicable, as lessee, having commenced such cure and continuing to diligently complete the
cure in accordance with clauses (iii) or (iv) of paragraph (d) above, as applicable); and
(iv) the City receiving payment of all expenses, including reasonable
attorneys'fees and disbursements and court costs, incurred by the City in connection with such
Event of Default, the termination of this Lease and the preparation of the new lease, together
with interest thereon at the lesser of the Default Rate or the highest rate permitted by law, from
the due date or the date expended by the City, as the case may be, to the date of actual
payment from First Leasehold Mortgagee or Mezzanine Lender, as applicable.
(k) With respect to the payment of Rent by the First Leasehold Mortgagee or
Mezzanine Lender pursuant to this Article Vl, if the Rent currently due cannot be determined by
the First Leasehold Mortgagee or Mezzanine Lender, as applicable, without possession of the
Hotel Project or ownership of the Lessee's equity interests, as applicable, then the First
Leasehold Mortgagee or Mezzanine Lender may pay the amount of Base Rent which was paid
for the immediately previous period, with the adjustment, upward or downward, to be made
ninety (90) days after the First Leasehold Mortgagee obtains possession of the Hotel Project or
the Mezzanine Lender obtains possession of Lessee's equity interests, as applicable.
Section 6.2. No Waiver of Lessee's Obligations or Citv's Riqhts. Nothing contained herein
or in any Leasehold Mortgage shall be deemed or construed to relieve Lessee from the full and
faithful observance and performance of its covenants, conditions and agreements contained
herein, or from any liability for the non-observance or non-performance thereof, or to require,
allow or provide for the subordination to the lien of such Leasehold Mortgage or to any
Leasehold Mortgagee of any estate, right, title or interest of the City in or to the Leased
Property, buildings and structures or this Lease (including the right to Rent, Public Charges, and
other monetary obligations of Lessee to the City under this Lease), nor shall the City be required
to join in such mortgage financing or be liable for same in any way. City's interest in the Leased
Property and this Lease, as the same may be modified, amended or renewed, will not at any
time be subject or subordinate to (a) any mortgage now or hereafter placed upon Lessee's
interest in this Lease, or (b) any other liens or encumbrances hereafter affecting Lessee's
interest in this Lease.
48
559
ARTICLE VII
REMEDIES: EVENTS OF DEFAULT
Section 7.1. Default bv Lessee. Each of the following occurrences shall constitute an "Event
of Default" of Lessee that shall entitle City to terminate this Lease and seek any other remedies
as set forth in Section 7.2:
(a) if Lessee fails to pay any installment of Rent, including Base Rent, or any
part thereof, when the same becomes due and payable for a period of three (3) Business Days
after notice thereof from the City; provided, however, that the City shall not be obligated to
provide written notice of such failure more than two (2) times in any consecutive twelve (12)
month period, and the failure of Lessee to pay any third or subsequent installment of Rent when
due in any consecutive twelve (12) month period shall constitute an Event of Default by Lessee
hereunder without the requirement of notice or opportunity to cure;
(b) if Lessee fails to make any payment of Additional Rent, Public Charges or
any other payment required to be paid by Lessee hereunderfor a period of 10 Business Days
after notice thereof from City to Lessee;
(c) if Lessee fails to satisfy all of the Possession Conditions by the Outside
Possession Date;
(d) if Lessee fails, after Commencement of Construction, to Complete
Construction by the Outside Completion Date;
(e) if Lessee fails, after Commencement of Construction, to cause the
Opening Date to occur by the Outside Opening Date;
(0 if Lessee conducts on the Leased Property any business, the
performance of any service, or the sale or marketing of any product or service by Lessee which
is prohibited by the terms of this Lease for a period of thirty (30) days after receipt of notice
thereof from the City;
(g) lf Lessee knows or actively participates in the use of any portion of the
Hotel Project as a Gaming Establishment (through venue rental, promotion or other similar
activities) for a period of three (3) Business Days after written notice thereof from the City;
provided, however, that the City shall not be obligated to provide written notice of such failure
more than two (2) times in any consecutive twelve (12) month period, and the failure of Lessee
to comply with the restrictions in Section 4.2(b) prohibiting use of the Leased Property as a
Gaming Establishment after the second written notice in any consecutive twelve (12) month
period shall constitute an Event of Default by Lessee hereunder without the requirement of any
notice or opportunity to cure;
(h) lf Lessee or any Person with an ownership interest in Lessee violates
Section 4.2(il (other than as provided in subsection (g) above) or the Acceptable Owner criteria
specified in subparagraphs A.1., A.3. and A.4 of Exhibit A of this Lease; provided, however, in
the case of any such violation by any Person with an ownership interest in Lessee, Lessee shall
have twelve months to cure such violation after Lessee first becomes aware of such violation
(whether by notice from the City or othenvise);
49
560
(i) if Lessee fails to maintain or provide evidence of all insurance in strict
compliance with Article lX hereof and such failure continues for a period of ten (10) Business
Days from the date of written notice thereof from City;
0) if Lessee fails to operate the Hotel in compliance in all material respects
with the Hotel Standards, regardless of the Hotel's AAA rating, and such failure continues for a
period of ninety (90) days from the date of written notice thereof from City or if the default is not
capable of being cured within such ninety (90) day period, Lessee fails within such period to
commence a cure and thereafter diligently and in good faith prosecute the same to completion
within a reasonable time, subject to the rights of any First Leasehold Mortgagees and sub-
lessees hereunder;
(k) if there is a default by Lessee under the Management Agreement and as
a result of such default the Management Agreement is terminated and a replacement
Management Agreement is not entered into within ninety (90) days thereafter, provided that if
Lessee shall have commenced and thereafter shall have continued diligently to replace the
Management Agreement within such ninety (90) day period and the Hotel Project continues to
operate in the ordinary course of business, then Lessee shall have an additional commercially
reasonable period of time not to exceed one hundred eighty (180) days within which to enter
into a replacement Management Agreement;
(l) if prior to the Opening Date, any lawsuit is filed against the Lessee, which
is not dismissed within sixty (60) days and the amount in controversy of which is not covered by
insurance or bond and which, if adversely determined, would substantially impair the ability of
Lessee to perform its obligation to open the Hotel by the Outside Opening Date, unless Lessee
is contesting such lawsuit in good faith and through appropriate action.
(m) if Lessee fails to observe or perform one or more of the other terms,
conditions, covenants or agreements of this Lease not othenruise addressed in this Section 7.1
and such failure continues for a period of 45 days after written notice thereof by City to Lessee
specifying such failure, unless such failure requires work to be performed, acts to be done, or
conditions to be removed which cannot by their nature reasonably be performed, done or
removed, as the case may be, within such 45 day period, in which case no Default will be
deemed to exist as long as (i) Lessee commences curing the same within such 45 day period
and diligently and continuously prosecutes the same to completion and (ii) after the Opening
Date the Hotel Project continues to operate in the ordinary course of business, to the extent
commercially reasonable taking into account the nature of the alleged failure to perform
according to the covenant, condition or agreement in question;
(n) if Lessee is generally not paying its debts as such debts become due or
admits, in writing, that it is unable to pay its debts as such debts become due;
(o) if Lessee makes an assignment for the benefit of creditors;
(p) if Lessee files a voluntary petition under the Bankruptcy Code or if such
petition is filed against Lessee and an order for relief is entered, or if Lessee files any petition or
answer seeking, consenting to or acquiescing in any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under the Bankruptcy Code or any other
present or future applicable federal, state or other statute or law, or seeks or consent to or
acquiesces in or suffers the appointment of any trustee, receiver, custodian, assignee,
50
561
sequestrator, liquidator or other similar official of Lessee, or of all or any substantial part of its
properties or of the Leased Property or any interest of Lessee therein;
(q) if within 90 days after the commencement of any proceeding against
Lessee seeking to have an order for relief entered against it as debtor or to adjudicate it a
bankrupt or insolvent, or seeking any reorganization, arrangement, composition, readjustment
or adjustment, winding-up, liquidation, dissolution or similar relief under the Bankruptcy Code or
any other present or future applicable federal, state or other statute or law of any jurisdiction,
domestic or foreign, such proceeding has not been dismissed, or if, within 90 days after the
appointment, without the consent or acquiescence of Lessee, of any trustee, receiver,
custodian, assignee, sequestrator or liquidator of Lessee, or of all or any substantial part of its
properties or of the Leased Property or any interest of Lessee therein, such appointment has
not been vacated or stayed on appeal or otherwise, or if, within 30 days after the expiration of
any such stay, such appointment has not been vacated;
(r) if any case, proceeding or other action is commenced or instituted against
Lessee seeking the issuance of a warrant of attachment, execution or similar process against all
or any substantial part of its property, which case, proceeding or other action results in the entry
of an order for any such relief which has not been vacated, discharged, stayed or bonded
pending Lessee's appeal therefrom within 30 days from the entry thereof;
(s) if Lessee fails, or fails to cause the Hotel Operator, to continuously
operate the Leased Property in accordance with Section 13.2hereoi;
(t) if Lessee, prior to the Opening Date, vacates or abandons the Leased
Property or any portion thereof, or voluntarily abandons construction of any portion of the Hotel
Project (other than in connection with a Force Majeure Event), which abandonment is not cured
within a reasonable time, not less than thirty (30) days, following written notice from City;
(u) if this Lease or the leasehold estate of Lessee hereunder is assigned,
subleased, transferred, mortgaged, pledged or encumbered in any manner without compliance
with the provisions of this Lease, or if Lessee attempts to consummate any Transfer (by
entering into an agreement to sell or assign its interest in this Lease or the Hotel Project or to
sublet any portion of the Leased Property which is not conditioned on satisfying the Transfer
provisions of this Lease, or by agreeing to a Transfer without complying with the provisions
governing same in this Lease), except as expressly permitted herein, and fails to correct such
Transfer within thirty (30) days after receiving notice from City;
(v) if a levy under execution or attachment is made against Lessee or its
property and such execution or attachment has not been vacated or removed by court order,
bonding or othenryise within a period of 30 days after such execution of attachment; and
(w) if Lessee or Hotel Operator fails to comply with the Room Block
Agreement in a manner that constitutes an Event of Default under such agreement.
Notwithstanding any provision to the contrary herein, the Parties' acts or omissions in
connection with Section 3.10 shall not be deemed an Event of Default.
51
562
Section 7.2. Remedies for Lessee's Default.
(a) lf an Event of Default occurs hereunder, the City may elect any one or more of
the following remedies, without limitation:
(i) terminate this Lease and commence an action for eviction immediately
upon the occurrence of any Event of Default;
(ii) immediately revoke the licenses granted to Lessee pursuant to the
Assignment of Plans and Approvals and the Assignment of Hotel Project General Construction
Contract; and
(iii) with respect to any Event of Default under Section 7 .1(f), the City shall be
entitled, for each month so long as such Event of Default has not been cured, to Base Rent
equal to three times the Base Rent being paid at the time of such Event of Default for each
month until the earlier of (x) such Event of Default has been cured or (y) City has terminated this
Lease pursuant to clause (i) above.
The City's election of a remedy hereunder with respect to any one or more Events of Default
shall not limit or otherwise affect the City's right to elect any of the remedies available to it
hereunder with respect to that or any other Event of Default.
(b) lf this Lease is terminated as provided in Section 7.2(a)(i) hereof, Lessee will pay
or cause to be paid to the City the unfunded portion, if any, of the Portman Minimum Equity
Contribution, and will indemnify City against and compensate City from and for any and all
reasonable third party costs incurred by City in enforcing its rights and remedies hereunder;
provided that if Lessee has already invested the amount of the Portman Minimum Equity
Contribution at the time of termination and has provided reasonable evidence of same to the
City, no additional amounts will be due from Lessee;
(c) lf an Event of Default occurs, Lessee will nevertheless be obligated to continue to
pay all Rent for so long as Lessee has possession of the Leased Property.
(d) Upon the termination of this Lease, Lessee shall quit and peaceably surrender
the Hotel Project (which includes the Leased Property and the Lessee lmprovements), and all
property in its possession to the City in accordance with Sections 7.9 and 11.5.
(e) Upon the termination of this Lease, as provided in this Section 7.2, all rights and
interest of Lessee in and to the Hotel Project (which includes the Leased Property and the
Lessee lmprovements), and every part thereof shall cease and terminate, and the City may, in
addition to any other rights and remedies it may have, retain all sums paid to it by Lessee under
this Lease.
(f) lf this Lease is terminated prior to the Outside Completion Date, to the extent not
previously assigned to the City, City shall have the right to cause Lessee to assign to the City
(or another Person as "Assignee") all of its rights under all contracts and agreements executed
in connection with the Hotel Project, including the Management Agreement and all such
contracts and agreements with the design professionals, on a non-recourse basis, without any
warranties or representations from Lessee, and to entitle City or Assignee to all of the rights and
benefits of Lessee thereunder, and to provide that City or Assignee, upon the assignment of
52
563
such contracts(s) and agreement(s) pursuant to this section, shall only be responsible for
amounts due thereunder for work performed or services rendered with City's or Assignee's
consent after such assignment; provided that the other party to any such contracts will continue
to have the rights and remedies provided therein for any defaults occurring prior to the
assignment to the City or its Assignee.
(g) ln the event the City elects to terminate this Lease after an Event of Default and
such termination is stayed by order of any court having jurisdiction of any matter relating to this
Lease, or by any federal or state statute, then following the expiration of any such stay, the City
shall have the right, at its election, to terminate this Lease with five (5) days'written notice to
Lessee, Lessee as debtor in possession or if a trustee has been appointed, to such trustee.
(h) As an additional inducement to and material consideration for City agreeing to
this Lease, Lessee agrees that in the event a Bankruptcy or Judicial Action (as defined herein)
is commenced which subjects the City to any stay in the exercise of the City's rights and
remedies under this Lease, including the automatic stay imposed by section 362 of the United
States Bankruptcy Code (individually and collectively, "Stay"), then Lessee irrevocably consents
and agrees to the Stay being lifted and released against City, and City shall thereafter be
entitled to exercise all of its rights and remedies against the Lessee under this Lease. The
Lessee acknowledges that it is knowingly, voluntarily, and intentionally waiving its rights to any
Stay and agrees that the benefits provided to the Lessee under the terms of this Lease are
valuable consideration for such waiver. As used in this Section, the term "Bankruptcy or Judicial
Action" shall mean any voluntary or involuntary case filed by or against Lessee under the
Bankruptcy Code, or any voluntary or involuntary petition in composition, readjustment,
liquidation, or dissolution, or any state and federal bankruptcy law action filed by or against
Lessee, any action where Lessee is adjudicated as bankrupt or insolvent, any action for
dissolution of Lessee or any action in furtherance of any of the foregoing, or any other action,
case, or proceeding that has the effect of staying (or in which a Stay is being obtained against)
the enforcement by the City of its rights and remedies under this Lease.
(i) Notwithstanding the foregoing, in the event that Lessee seeks to assume and
assign this Lease pursuant to section 365 of the Bankruptcy Code it will be required to provide
to the City adequate assurance of future performance which shall consist of evidence that such
assignee satisfies the following criteria [to be updated once Exhibit A is final]:
(i) neither such assignee nor any Persons with an ownership interest in such
assignee shall, directly or indirectly, own, operate or manage a Gaming Establishment in Miami-
Dade County, Florida; provided, however, that the foregoing restriction shall not prevent an
assignee who othenruise satisfies the criteria setforth in this SectionT.2(i) from so qualifying if
all Persons owning or Controlling such assignee own or control in the aggregate five percent
(5%) or less of the voting securities of any owner, operator or manager of a Gaming
Establishment in Miami-Dade County, Florida;
(ii) such assignee, or the Affiliates of such assignee or Persons with an
ownership interest in such assignee, must possess the qualifications, good reputation and
financial resources necessary to perform the obligations of Lessee in accordance with this
Lease, in a manner consistent with the Hotel Standards; "good reputation" means the absence
of a reputation for dishonesty, criminal conduct, or association with criminal elements; it does
not mean "prestigious," nor does the determination of whether one has a good reputation
involve consideration of personal taste or preference;
53
564
(iii) such assignee shall have no outstanding material violations of any
Governmental Requirement against such assignee, or any hotel or other property owned or
managed by such assignee, or an Affiliate of such assignee, within Florida, which have
remained uncured for more than ninety (90) days after such assignee has knowledge of such
violation;
(iv) such assignee is not a Foreign lnstrumentality;
(v) such assignee must not be owned, controlled or run by entities or
individuals who have been convicted, or are presently under indictment, for felonies under the
laws of any foreign or United States of America jurisdiction; provided that the foregoing shall not
apply to individuals or entities owning less than a ten (10o/o) percent equity interest in such
assignee, other than officers, directors, managers or others who have the power to direct and
control the business and affairs of such assignee;
(vi) such assignee must not (nor shall any of the individuals or entities who
own at least a ten (10%) percent equity interest in such assignee or are officers, directors,
managers or othenruise have the power to direct and control the business and affairs of such
assignee) have filed or been discharged from bankruptcy, or have been the subject of an
involuntary bankruptcy, reorganization or insolvency proceedings within the past five (5) years
(bankruptcy filings by Affiliates shall not disqualify such assignee, unless such Affiliates are any
of the individuals or entities described in the parenthetical immediately above); and
(vii) such assignee must not in its charter or organizations documents (defined
as the articles of incorporation and bylaws for any corporation, the partnership agreement and
partnership certificate for any partnership, the trust agreement for any trust and the constitution
of the relevant government for any governmental entity, but expressly excluding any statements,
positions, actions or allegations not contained in such charter organizational documents)
expressly advocate or have as its stated purpose: (a) the violent overthrow of or armed
resistance against, the U.S. government; or (b) genocide or violence against any persons; or (c)
discrimination, hatred or animosity toward persons based solely on their race, creed, color, sex
or national origin.
Section 7.3. Default bv the Citv. An event of default by the City shall be deemed to have
occurred under this Lease if the City fails to perform any obligation or fulfill any covenant or
agreement of the City set forth in this Lease and such failure shall continue for thirty (30) days
following the City's receipt of written notice of the non-performance; provided, however, the City
shall not be in default of this Lease:
(a) if the City provides Lessee with a written response within said thirty (30) day
period indicating the status of the City's resolution of the breach and providing for a mutually
agreeable schedule to correct same; or
(b) with respect to any breach that is capable of being cured but that cannot
reasonably be cured within said thirty (30) day period, if the City commences to cure such
breach within such thirty (30) day period (or as soon thereafter as is reasonably possible) and
diligently continues to cure the breach until completion, but no longer than a total of one
hundred twenty (120) days.
Section 7.4. Force Maieure and Economic Force Maieure.
54
565
(a) Neither the City nor Lessee, as the case may be, shall be considered in breach
of or in default of any of its non-monetary obligations, including suspension of construction
activities, hereunder by reason of unavoidable delay due to any Force Majeure Event; provided
that the Party claiming such Force Majeure Event delivers written notice to the other Party of
such Force Majeure Event within twenty-one (21) days after first becoming aware of the
occurrence thereof, which notice shall describe in reasonable detail the events giving rise to the
Force Majeure Event; and such Party shall diligently attempt to remove, resolve or othenvise
seek to mitigate such delay and keep the other Party advised with respect thereto. Time is of
the essence with respect to this provision, and any failure by a Party to timely deliver such
notice of a Force Majeure Event shall be deemed a waiver of such Party's right to delay
performance as a result of such Force Majeure Event.
(b) Economic Force Majeure. lf, prior to Possession, Lessee is delayed, hindered or
prevented from being able to obtain a Construction Loan Commitment or satisfy the Possession
Conditions due to Economic Force Majeure, then the Outside Possession Date, Outside
Construction Loan Closing Date, the Outside Opening Date and the Outside Completion Date
shall each be extended for the period of such delay (but not to exceed eighteen (18) months);
provided, that, with respect to any such delay by Economic Force Majeure, the Lessee shall
give written notice of such occurrence to City within twenty-one (21) days after Lessee has
knowledge of such occurrence, which notice shall describe in reasonable detail the events
giving rise to the Economic Force Majeure and Lessee shall diligently attempt to remove,
resolve, or othenruise seek to mitigate such delay, and keep City advised with respect thereto.
Time is of the essence with respect to this provision, and any failure by Lessee to timely deliver
such notice of Economic Force Majeure shall be deemed a waiver of Lessee's right to extend
the Outside Possession Date, Outside Construction Loan Closing Date, the Outside Opening
Date and Outside Completion Date, as applicable, as a result of such Economic Force Majeure.
Section 7.5. Remedies Gumulative: Waiver. The rights and remedies of the parties to this
Lease, whether provided by law or by this Lease, shall be cumulative and concurrent, and the
exercise by either Party of any one or more of such remedies shall not preclude the exercise by
it, at the same or different times, of any other such remedies for the same default or breach, or
of any of its remedies for any other default or breach by the other Party. No waiver of any
default or Event of Default hereunder shall extend to or affect any subsequent or other default or
Event of Default then existing, or impair any rights, powers or remedies consequent thereon,
and no delay or omission of any Party to exercise any right, power or remedy shall be construed
to waive any such default or Event of Default or to constitute acquiescence thereof.
Section 7.6. Right to Cure. lf Lessee shall default in the performance of any term, covenant
or condition to be performed on its part hereunder, the City may, in its sole discretion, after
notice to Lessee and beyond applicable cure periods (or without such notice and cure in the
event of an emergency), perform the same for the account and at the expense of Lessee. lf, at
any time and by reason of such default, the City is compelled to pay, or elects to pay, any sum
of money or do any act which will require the payment of any sum of money, or is compelled to
incur any expense in the enforcement of its rights hereunder or otherwise, such sum or sums
shall be deemed Additional Rent hereunder and, together with interest thereon at the Default
Rate, shall be repaid to the City by Lessee upon demand.
Section 7.7. Room Block Aqreement. No termination or expiration of this Lease shall affect
or impair the Room Block Agreement, which shall continue to encumber the Hotel with respect
to any subsequent lessees.
55
566
Section 7.8. Dispute Resolution.
(a) City and Lessee agree that any dispute, claim or controversy between them
relating to or arising under this Lease ("Dispute") will first be submitted, by written notice, to a
designated representative of both City and Lessee who will meet at City's place of business or
other mutually agreeable location, or by teleconference, and confer in an effort to resolve such
dispute. Any decision of the representatives will be final and binding on the parties. ln the event
the representatives are unable to resolve any dispute within ten (10) days after submission to
them, either Party may refer the dispute to mediation. The exclusive venue for any Dispute not
resolved by mediation shall be any state or federal court of competent jurisdiction sitting in or for
Miami-Dade County, Florida, except for (i) Development Disputes, which shall be resolved in
accordance with Section 7.9, or (ii) Disputes relating to City's disapproval of a proposed brand
as an Approved Brand or a Proposed Transferee as an Acceptable Owner, which shall be
resolved in accordance with Section 7.10.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE C Y AND LESSEE
HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER
OF THEM OR THEIR HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR
ASSIGNS MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE OR ANY AGREEMENT
CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF
CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR
ACTIONS OF ANY PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT TO THE
PARTIES ENTERING INTO THIS LEASE.
Section 7.9. Expedited Arbitration of Development Disputes.
(a)lf Lessee or City asserts that a Development Dispute has arisen, such asserting
Party shall give prompt written notice thereof to the other Party, and such Development
Dispute shall be submitted to binding arbitration by the Development Arbitrator in accordance
with this Section 7.9.
(b)The Parties shall cooperate to select an independent, neutral, professional
arbitrator experienced in the resolution of construction claims and associated subject matter
having at least ten (10) years of hotel development or construction experience in the Miami-
Dade County area to serve as the arbitrator (the "Development Arbitrator"). lf the Parties
cannot agree on a single Development Arbitrator, then each Party shall select an arbitrator
with such hotel development or construction experience, who shall jointly select a third
arbitrator with such hotel development or construction experience and the three arbitrators
shall collectively constitute the Development Arbitrator.
(c)The Development Arbitrator shall, no later than five (5) Business Days after
being selected, hold a preliminary, informal meeting with City and Lessee in an attempt to
mediate such Development Dispute. lf such Development Dispute is not resolved at such
meeting, the Development Arbitrator shall at such meeting establish a date (the "Hearing
Date"), not earlier than five (5) Business Days after such meeting nor later than twenty (20)
days after such meeting for a hearing (a "Hearing") to be held in accordance with this Lease to
resolve such Development Dispute.
(d)Lessee and City each shall have the right to make one (1) written submission to
the Development Arbitrator prior to the Hearing. Such submission shall be received by the
56
567
Development Arbitrator and the other Party not later than two (2) Business Days prior to the
Hearing Date. The Parties agree that no discovery (as the term is commonly construed in
litigation proceedings) will be permitted and agree that neither Party nor the Development
Arbitrator shall have discovery rights in connection with a Development Dispute.
(e)The Hearing shall be conducted by the Development Arbitrator. lt is the
intention of the Parties that the Hearing on a Development Dispute shall be conducted in an
informal and expeditious manner. No transcript or recording shall be made. Each Party shall
have the opportunity to make a brief statement and to present documentary and other support
for its position, which may include the testimony of not more than four (4) individuals, two (2) of
whom may be outside experts. There shall be no presumption in favor of either Party's
position. Any procedural matter not covered herein shall be governed by procedures mutually
agreed upon by the Parties, or if they are unable to agree, in accordance with the Construction
lndustry Arbitration Rules of the American Arbitration Association (as amended hereby).
(f) The Hearing shall be held in a location selected by the Development Arbitrator
in Miami-Dade County, Florida. Provided that the Development Arbitrator is accompanied by
representatives of both Lessee and City, the Development Arbitrator may, at its option, visit the
Hotel Site to make an independent review in connection with any Development Dispute.
(g)The Development Arbitrator, in rendering its decision with regard to any
Development Dispute, shall take into account and at a minimum consider the following factors,
which shall be used to guide its decision:
(i) City does not have any Approval rights with respect to the matter of
interior design and decor of the Hotel Project except to the extent the same is reflected in the
Approved Plans or Mandatory Hotel Project Design Elements;
(ii) the Hotel Project shall be designed and constructed to meet or exceed the
Hotel Standards;
(iii) the mutual goal of Lessee and City is that costs in excess of the
Budgeted lmprovement Costs should be avoided or minimized unless proposed by Lessee
and for which Lessee has agreed to provide adequate funds;
(iv) the mutual goal of Lessee and City is that the construction of the Hotel
Project be completed by the Outside Completion Date;
(v) the Hotel Project must comply with all Governmental Requirements; and
(vi) the magnitude of the modification to the Approved Plans.
(h) Pending resolution of the Development Dispute, Lessee may not implement the
matter which is the subject of such Development Dispute.
(i) The Development Arbitrator shall render a decision, in writing, as to any
Development Dispute not later than two (2) Business Days following the conclusion of the
Hearing regarding such Development Dispute and shall provide a brief written basis for its
57
568
decision not later than five (5) Business Days thereafter. Such decision of the Develepment
Arbitrator shall be rendered by (a) the decision of the single Development Arbitrator, (b) the
decision of two of the arbitrators comprising the Development Arbitrator, if two are able to
agree, (c) the decision of the third arbitrator appointed by each of the Parties' arbitrators, if no
two of the three arbitrators are able to agree within such period, or (d) agreement between the
Parties prior to and independently of the decision of the Development Arbitrator. As to each
Development Dispute, the Development Arbitrator's decision shall be limited to resolution of
the Development Dispute in question, and the Development Arbitrator shall have no right
whatsoever to impose or grant to either Party any remedy other than a decision as to: (i)
whether a modification to the Hotel Project is a substantial deviation from the Approved Plans
or a Prohibited Hotel Project Change requiring City's Approval pursuant to Section 2.2; (ii) any
contention that City has unreasonably failed to Approve modifications to the Approved Plans
in accordance with this Lease; (iii) any contention that City has unreasonably failed to Approve
the proposed Approved Skybridge and Off-Site lmprovements Plans or modifications thereto
in accordance with this Lease; (iv) any contention that City has unreasonably failed to Approve
a Hotel Project General Contractor in accordance with Section 2.8(b); (v) any disagreement as
to permitted delays in the Schedule of Performance pursuant to Section 2.7, or (vi) any
disagreement as to the cost or scheduling impact of a change in the location of the geothermal
system as provided in Section 2.11(c).
0) The decision of the Development Arbitrator shall be final and binding on the
Parties for all purposes and may be entered in any court of competent jurisdiction.
(k)lf any matter submitted to the Development Arbitrator hereunder is settled by
agreement between the Parties prior to, or independently of, the final determination of the
Development Arbitrator, any and all expenses of such binding determination (including fees of
the Development Arbitrator) will be shared equally by the Parties; and the expense of such
binding determination resolved by final determination of the Development Arbitrator (including
fees of the Development Arbitrator) will be borne by the Party against whom such
determination has been concluded.
Section 7.10. Disputes Reqardinq Disapproval of a Proposed Brand or Proposed
Transferee.
(a) lf (i) Lessee and City disagree as to whether a proposed Approved Brand
satisfies the definition of an Approved Brand pursuant to clause (a) of the definition thereof or
(ii) Lessee believes that the City is acting unreasonably in disapproving a proposed brand as
an Approved Brand, then in either case, the Lessee may refer the matter to mediation in
accordance with Section 7.8(a) above, and if the matter is not resolved by mediation, then
Lessee, as its sole remedy, may submit such matter to a panel of experts for a binding
determination in accordance with this Section 7.10 (an "Arbitratod').
(b) lf the City Manager determines that a proposed transferee of the Hotel Project
(or any part thereof), any legal or beneficial interest in the Hotel Project (or any part thereof) or
any direct or indirect legal or beneficial interest in Lessee (each, a "Proposed Transferee")
does not satisfy the definition of an Acceptable Owner and the Acceptable Owner Criteria
pursuant to Exhibit A attached hereto, and Lessee disagrees, and if the matter is not resolved
by the designated representatives of the City and Lessee as provided in Section 7.8(a) above,
58
569
then solely with respect to any such determination made by the City Manager, Lessee, as its
sole remedy, may submit such matter to an Arbitrator in accordance with this Section 7.10.
For the avoidance of doubt, in the event the City Manager exercises his or her right to seek the
City Commission's direction or Approval of a Proposed Transferee, the Lessee shall not have
the right to submit the City Commission's determination or disapproval of a Proposed
Transferee to arbitration pursuant to this Section 7.10, but the City Commission shall be
subject to the same time period and standards of judgment as would apply to the City Manager
as provided in Exhibit A.
(c) lf Lessee elects to proceed with an Arbitrator in accordance with this Section
7.10, the determination of whether a proposed brand should be an Approved Brand or a
Proposed Transferee is an Acceptable Owner, will be made by (a) an expert selected jointly by
the City and Lessee, or (b) if the City and Lessee fail to agree upon a single expert, by an
expert selected by the City, an expert selected by Lessee and a third expert appointed by the
experts selected by the Parties. Any Arbitrator or expert panelist hereunder will each have at
least ten (10) years of professional experience in the hotel industry with hotels meeting the
Hotel Standards. The Parties agree that no discovery (as the term is commonly construed in
litigation proceedings) will be permitted and agree that neither Party nor the Arbitrator shall
have discovery rights in connection with a Dispute hereunder. The proceeding before the
Arbitrator shall be conducted in an informal and expeditious manner. No transcript or recording
shall be made. Each Party shall have the opportunity to make a brief statement and to present
documentary and other support for its position, which may include the testimony of not more
than four (4) individuals, two (2) of whom may be outside experts. There shall be no
presumption in favor of either Party's position. Any procedural matter not covered herein shall
be governed by procedures mutually agreed upon by the Parties, or if they
agree, in accordance with the Construction lndustry Arbitration Rules of
are
the
unable to
American
Arbitration Association (as amended hereby).
(d) The matter submitted to the Arbitrator will be conclusively determined within
thirty (30) days of the appointment of the last Arbitrator by (a) the decision of the single expert,
(b) the decision of any two of the three experts, if two are able to agree, (c) the decision of the
third expert, if no two of the three experts are able to agree within such period, or (d) agreement
between the Parties prior to and independently of the decision of the Arbitrator.
(e) With respect to (i) whether a proposed Approved Brand satisfies the definition of
an Approved Brand pursuant to clause (a) of the definition thereof, the Arbitrator will determine
that such proposed Approved Brand either satisfies such definition or fails to satisfy such
definition or (ii) whether the City has acted reasonably in disapproving a proposed Approved
Brand pursuant to Section 13.3, the Arbitrator will determine either that the City acted
reasonably in disapproving the proposed Approved Brand or that the City acted unreasonably in
disapproving the proposed Approved Brand, and the Arbitrator will have no authority to
compromise or othenrvise modify the issue that is the subject of the determination or (iii) whether
a Proposed Transferee satisfies the definition of an Acceptable Owner and the Acceptable
Owner Criteria pursuant to Exhibit A, the Arbitrator will determine that such Proposed
Transferee either satisfies such definition and criteria or fails to satisfy such definition and
criteria. lf any matter submitted to the Arbitrator hereunder is settled by agreement between the
Parties prior to, and independently of, the final determination of the Arbitrator, any and all
expenses of such binding determination (including fees of the Arbitrator) will be shared equally
by the Parties; and the expense of such binding determination resolved by final determination of
59
570
the Arbitrator (including fees of the Arbitrator) will be borne by the Party against whom such
determination has been concluded.
Section 7.11. Plans and Data. ln the event of a termination of this Lease, Lessee shall deliver
to City, copies of any and all Subleases and service and maintenance agreements then
affecting the Leased Property, all maintenance records, all warranties or guaranties then in
effect which Lessee received in connection with any work or services performed or FF&E
installed on the Leased Property, the plans and specifications, surveys, studies, reports, cost
estimates, designs, Governmental Approvals, keys, combinations to locks, access codes,
records, correspondence and any and all other records, files, documents and other items and
materials of every kind and nature whatsoever relating to the development, operation,
maintenance or ownership of the Hotel Project, all of which shall be delivered by Lessee to the
City within thirty (30) days after such termination. Such materials will be provided to City without
any representation or warranty of any kind, express or implied (including regarding the truth,
accuracy or completeness thereof and fitness for a particular purpose). The obligations of
Lessee under this Section 7.11 survive the termination of this Lease.
ARTICLE VIII
PROTECTION AGAINST MECHAN!CS' LIENS
AND OTHER CLAIMS: INDEMNIFICATION
Section 8.1. Lessee's Dutv to Keep Proiect Free of Liens.
(a) Pursuant to Section 713.10, Florida Statutes, any and all liens or lien rights shall
extend to, and only to, the right, title and interest of Lessee in the Hotel Project and shall not
encumber or affect the City's fee simple title to the Leased Property.
(b) The right, title and interest of the City in the Leased Property shall not be subject
to liens or claims of liens for improvements made by Lessee. Nothing contained in this Lease
shall be deemed or construed to constitute the consent or request of the City, express or by
implication or othenryise, to any contractor, subcontractor, laborer or materialman for the
performance of any labor or the furnishing of any materials for any specific improvement of,
alteration to, or repair of the Hotel Project, or any part thereof, nor as giving Lessee, any
Leasehold Mortgagee, Subtenant, lessee, or sub-lessee any right, power or authority to contract
for, or permit the rendering of, any services or the furnishing of materials that would give rise to
the filing of any lien, mortgage or other encumbrance against City's interest in the Leased
Property, or any part thereof, or against assets of the City, or City's interest in any Rent and
other monetary obligations of Lessee as defined in this Lease.
(c) Notice is hereby given, and Lessee shall cause all construction agreements
entered into between Lessee and the Hotel Project General Contractor or other contractor in
privity with Lessee or subcontractor in privity with the Hotel Project General Contractor or any
other subcontractor to provide that:
(i) City shall not be liable for any work performed or to be performed at the
Hotel Project or any part thereof for or on behalf of the Lessee, any Leasehold Mortgagee,
Subtenant, lessee, or sub-lessee or for any materials furnished or to be furnished to the Hotel
Project, or any part thereof, for any of the foregoing; and
60
571
(ii) no mechanic's, laborer's, vendor's, materialman's or other similar
statutory lien for such work or materials shall be attached to or affect City's interest in the
Leased Property, or any part thereof, or any assets of the City, or the City's interest in any Rent
or other monetary obligations of Lessee arising under this Lease.
(d) Lessee acknowledges and agrees that the City shall be entitled to record in the
public records of Miami-Dade County, Florida a notice of no lien in accordance with Chapter
713.10, Florida Statutes, and that if requested by the City, Lessee will execute and deliver a
countersignature to such notice within ten (10) days of the City's request.
Section 8.2. Gontestinq Liens. lf Lessee desires to contest any such lien as described in
Section 8.1, it shall notify the City of its intention to do so within thirty (30) days after Lessee has
notice of the filing of such lien. ln such case, Lessee, at Lessee's sole cost and expense, shall
furnish a cash deposit or surety bond in an amount sufficient to pay such lien and any cost
(including interest and penalties), liability or damage arising out of such contest. The lien, if
Lessee timely provides the bond described above, shall not be an Event of Default hereunder
until thirty (30) days after the final determination of the validity thereof provided that, within that
time, Lessee shall satisfy and discharge such lien to the extent held valid; provided, however,
that the satisfaction and discharge of any such lien shall not, in any case, be delayed until
execution is had on any judgment rendered thereon, or else such delay shall be considered to
be a monetary Event of Default hereunder. ln the event of any such contest, Lessee shall
protect and indemnify the City against all loss, expense and damage resulting therefrom as
provided in Section 8.3.
Section 8.3. lndemnification.
(a) Lessee acknowledges and agrees that this Lease is not an agreement between
City and any architect, engineer, general contractor, subcontractor, sub-subcontractor, or
materialman or any combination thereof for the construction, alteration, repair, or demolition of a
building, structure, appurtenance, or appliance on the Leased Property, and therefore that the
limitations on indemnity provisions in Section 725.06, Florida Statutes, as such statute may be
amended from time to time, do not apply to this Lease. Accordingly, to the fullest extent
permitted by law, the Lessee shall defend, indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including
reasonable attorneys' fees and costs of defense, which the City or its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature first arising following the Effective Date, and arising out of,
relating to or resulting from any of the following occurrences or events, whether by the Lessee
or its employees, agents, partners, principals, sub-lessees, or contractors: (i) any default,
breach or violation or non-performance of this Lease or any provision thereof; (ii) the use and
operation of the Hotel Prolect or any part thereof which is not in compliance with the terms of
this Lease, (iii) the negligent acts or omissions of Lessee or its employees, agents, partners,
principals, sub-lessees, or contractors; (iv) any challenge to the validity of any Transfer by a
third party through legal proceedings or othenruise based on the action or inaction of Lessee or
its employees, agents, partners, principals, sub-lessees or contractors, except to the extent any
liability, losses or damages are caused by the gross negligence or willful misconduct of the City
or its officers, employees, agents, or contractors.
(b) Lessee shall investigate and defend all claims, suits, or actions of any kind or
nature in the name of the City which are covered by this indemnity obligation, where applicable,
61
572
including appellate proceedings, and shall pay reasonable costs, judgments, and reasonable
attorney's fees which may issue thereon.
(c) Lessee expressly understands and agrees that any insurance protection
required by this Lease or othenvise provided by Lessee shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided. The City shall give to the Lessee reasonable notice of any
such claims or actions. The provisions of this section shall survive the expiration or early
termination of this Lease.
(d) Lessee covenants and agrees that any contracts entered into by Lessee and the
Hotel Project General Contractor or other contractors in privity with Lessee for the Work shall
include the indemnities required by this Section 8.3 from the Hotel Project General Contractor or
other contractors in privity with Lessee in favor of Lessee and the City.
Section 8.4. Environmental Matters.
(a) Defined Terms.
(i) "Environmental Condition" means any set of physical circumstances in,
on, under, or affecting the Hotel Project that may constitute a threat to or endangerment of
health, or the environment, including:
(1) The presence of any Hazardous Substance in violation of
Environmental Laws which were introduced to the Hotel Site after the Possession Date or by
Lessee prior to the Possession Date;
(2) any underground storage tanks, as defined in Subtitle I of the
Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. 6991 et. seq., or the regulations
thereunder, for the storage of hazardous wastes, oil, petroleum products, or their byproducts;
(3) The presence of any PCB, asbestos or any other substances
specifically regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 or regulations
issued thereunder, in violation of Environmental Laws which were introduced to the Hotel Site
after the Possession Date or by Lessee prior to the Possession Date; and any open dump or
system of refuse disposal for public use without a permit, as prohibited by 42 U.S.C. 6945
and/or Florida law equivalent, or the regulations issued thereunder.
(ii) "Environmental Laws" means the Comprehensive Envlronmental
Response, Compensation and Liability Act,42 U.S.C. 9601 et. seq., the Resource Conservation
and Recovery Act, 42 U.S.C. 6901 et. seq.; the Toxic Substances Control Act, 15 U.S.C. 2601
et. seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the Clean Air Act, 42 U.S.C. 7401 et.
seq.; the Oil Pollution Act, 33 U.S.C. 2701 et. seq., the Hazardous Materials Transportation Act,
49 U.S.C. 1801 et. seq.; the Refuse Act of 1989,33 U.S.C.407; as such laws have been
amended or supplemented from timeto-time, and the regulations promulgated thereunder; and
any equivalent state or local laws.
(iii) "Hazardous Substance" means any substances or materials presently or
hereinafter identified to be toxic or hazardous according to any of the Environmental Laws,
including any asbestos, PCB, radioactive substances, petroleum based products, and includes
62
573
hazardous wastes, hazardous substances, extremely hazardous substances, hazardous
materials, toxic substances, toxic chemicals, oil, petroleum products and their by-products, and
pollutants or contaminants as those terms are defined in the Environmental Laws.
(iv) "Environmental Permit" means any Governmental Approval required
under any Environmental Law in connection with the ownership, use or operation of the Hotel
Project for the storage, treatment, generation, transportation, processing, handling, production
or disposal of Hazardous Substances, or the sale, transfer or conveyance of the Hotel Project,
and all supporting documentation thereof.
(v) "Environmental Claim" means any notice of violation, claim, demand,
abatement or order or direction (conditional or othenrvise) by any Governmental Authority or any
person for personal injury (including sickness, disease, or death), property damage, damage to
the environment, nuisance, pollution, contamination or other adverse effects on the
environment, or for fines, penalties, or restrictions, resulting from or based upon:
(1) the existence or release, or continuation of any existence of a
release of, or exposure to, any Hazardous Substance in, into or onto the environment (including
the air, ground, water or any surface) at, in, or from the Leased Property in violation of
Environmental Laws;
(2) the transportation, storage, treatment or disposal of any
Hazardous Substance in connection with the activities on the Leased Property in violation of
Environmental Laws; or
(3) the violation, or alleged violation, of any Environmental Laws on
the Leased Property; but excluding any of the foregoing to the extent arising from the negligent
or intentional actions of the City and its agents.
(vi) "Corrective Action Work" means any and all activities of removal,
response, investigation, testing, analysis, remediation taken to:
(1) prevent, abate or correct an existing or threatened Environmental
Condition at, about, or affecting the Leased Property; or
(2) comply with all applicable Environmental Laws.
(b) Environmental lndemnification.
(i) Lessee covenants and agrees, at its sole cost and expense, to defend
(with counsel selected by Lessee, after consulting with the City), indemnify and hold harmless
the City, its successors, and assigns from and against, and shall reimburse the City, its
successors and assigns, for any and all Environmental Claims, whether meritorious or not,
brought against the City by any GovernmentalAuthority;
(ii) the foregoing indemnity includes indemnification against all costs of
removal, response, investigation, or remediation of any kind, and disposal of such Hazardous
Substances as necessary to comply with Environmental Laws, all costs associated with any
Corrective Action Work, all costs associated with claims for damages to persons, property, or
natural resources, and the City's commercially reasonable attorneys'fees and consultants'fees,
court costs and expenses incurred in connection therewith;
63
574
(iii) this indemnification is in addition to all other rights of the City under this
Lease; and
(iv) payments by Lessee under this Section shall not reduce Lessee's
obligations and liabilities under any other provision of this Lease.
Notwithstanding anything to the contrary contained in this Lease, neither the Lessee nor
Hotel Project General Contractor, or other contractor in privity with Lessee, has a duty to
indemnify the City in connection with any Environmental Claims to the extent caused by the
negligent or intentional conduct of the City or its agents, employees or contractors, which
negligent or intentional conduct occurs following the date the Lessee completed its
environmental testing.
Section 8.5. Limitation of Citv's Liabilitv.
(a) Any tort liability to which the City is exposed under this Lease shall be limited to
the extent permitted by applicable law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes, as may be amended, which statutory limitations shall be
applied as if the parties had not entered into this Lease, and City expressly does not waive any
of its rights and immunities thereunder.
(b) City will not in any event whatsoever be liable for any injury or damage to Lessee
(unless caused by the gross negligence of City, its agents, contractors or employees) or to any
other Person happening on, in or about the Leased Property and its appurtenances, nor for any
injury or damage to the Leased Property or to any property belonging to Lessee (unless caused
by the gross negligence of City, its agents, contractors or employees) or to any other Person
which may be caused by any fire or breakage, or by the use, misuse or abuse of any of the
Lessee lmprovements (including any of the common areas within the buildings, equipment,
elevators, hatches, openings, installations, stainruays, hallways or other common facilities or the
improvements to the land described in this Lease), or which may arise from any other cause
whatsoever.
(c) City will not be liable to Lessee or to any other Person for any failure of
telephone, computer system, cable TV, water supply, sewage disposal, gas or electric current,
nor for any injury or damage to any property of Lessee or to any Person or to the Leased
Property caused by or resulting from gasoline, oil, steam, gas, electricity, or hurricane, tornado,
flood, wind or similar storms or disturbances, or water, rain or snow which may leak or flow from
the street, sewer, gas mains or subsurface area or from any part of the Leased Property, or
leakage of gasoline or oil from pipes, appliances, sewer or plumbing works therein, or from any
other place, nor for interference with light or other incorporeal hereditaments by any Person
(unless caused by the gross negligence of City, its agents, contractors or employees).
ARTICLE IX
INSURANCE AND RECONSTRUCTION
Section9.1. General lnsurance Provisions. Prior to any activity on the Leased Property,
and at all times during the Term, Lessee at its sole cost and expense shall procure the
insurance specified below. ln addition, Lessee shall ensure its Hotel Project General Contractor
64
575
and tenants maintain the insurance coverages set forth below. All policies must be executable in
the State of Florida. All insurers must maintain an AM Best rating of A- or better. The terms and
conditions of all policies may not be less restrictive than those contained in the most recent
edition of the policy forms issued by the lnsurance Services Office (lSO) or the National Council
on Compensation lnsurance (NCCJ). lf ISO or NCCI issues new policy forms during the policy
term of the required insurance, complying with the new policy forms will be deferred until the
expiration date of the subject policy. Said insurance policies shall be primary over any and all
insurance available to the City whether purchased or not and shall be non-contributory. The
Lessee, its Hotel Project General Contractor or tenants shall be solely responsible for all
deductibles contained in their respective policies. All policies procured pursuant to this Article
lX shall be subject to maximum deductibles reasonably acceptable to the City. The City of
Miami Beach will be included as an "additional insured" on the commercial general liability,
automobile liability, property insurance, and pollution liability policies. The City will also be
named as an insured as its interests may appear with respect to the builder's risk policy.
Section 9.2. Evidence of lnsurance. Prior to Lessee taking possession of the Leased
Property, and annually thereafter, Lessee shall deliver satisfactory evidence of the required
insurance to the City. Satisfactory evidence shall be: (a) a certificate of insurance for all required
coverage; and (b) a copy of the actual insurance policy for builder's risk coverage. The City, at
is sole option, may request a certified copy of any or all insurance policies required by this
Lease, or the applicable portions thereof if insurance is provided through a master insurance
program. All insurance policies must specify they are not subject to cancellation or non-renewal
without a minimum of 30 days notification by the insurer to the City, the City's Risk Management
Division and the First Leasehold Mortgagee, with a minimum of 10 days notification by the
insurer to the City, the City's Risk Management Division and the First Leasehold Mortgagee
prior to cancellation or non-renewal for non-payment of premium. The Lessee will deliver to the
City, at least 30 days prior to the date of expiration of any insurance policy, a renewal policy
replacing any policies expiring during the Term of this Lease, or a certificate thereof, together
with evidence that the full premiums have been paid. Premiums on policies will not be financed
in any manner whereby any Leasehold Mortgagee, on default or otherwise, will have the right or
privilege of surrendering or cancelling the policies; provided, however, that premiums may be
paid in annual installments. All certificates of insurance shall (i) be in a form acceptable to the
City, (ii) name the types of policies provided, (iii) refer specifically to this Lease; (iv) evidence the
waiver of subrogation in favor of the City as required by Section 9.11 below; and (v) evidence
that coverage shall be primary and noncontributory, and that each policy includes a Cross
Liability or Severability of lnterests provision, with no requirement of premium payment by the
City. Lessee shall deliver, together with each certificate of insurance, a letter from the agent or
broker placing such insurance, certifying to the City that the coverage provided meets the
coverage required under this Lease. The official title of the certificate holder is "City of Miami
Beach, Florida." Additional insured certificates for the City shall read "City of Miami Beach,
Florida", and shall be addressed to 1700 Convention Center Drive, Miami Beach, FL,33139,
Attn: Risk Management, 3rd Floor.
Section 9.3. Required Coverages. ln addition to such insurance as may be required by law,
the Lessee shall procure and maintain, or cause others to procure and maintain, without lapse
or material change, for so long as it occupies the Leased Property, the following insurance,
which may be provided through master blanket insurance policies:
(a) Commercial General Liabilitv Insurance on a comprehensive basis, including
contractual liability, to cover the Leased Property and Lessee's operations and indemnity
obligations, in an amount not less than $5,000,000 combined single limit per occurrence for
65
576
bodily injury and property damage. Such insurance may be provided through a combination of
primary and excess/umbrella liability policies.
(b) Automobile Liabilitv lnsurance covering all owned, non-owned and hired
vehicles used by the Lessee in connection with its operations under this Lease in an amount not
less than $1,000,000 combined single limit per occurrence for bodily injury and property
damage. Coverage must be afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability policy, without restrictive endorsements, as filed by the lnsurance
Services Office (lSO).
(c) Pollution Liabilitv Insurance in an amount not less than $10,000,000 per claim,
covering third party claims, remediation expenses, and legal defense expenses arising from on-
site and off-site loss, or expense or claim related to the release of Hazardous Materials at the
Leased Property. Such policy shall include an annual policy aggregate in the amount of
$20,000,000.
(d) Builders Risk lnsurance during the course of construction, issued in the name
of the Lessee, the Hotel Pro1ect General Contractor and the City as their interests may appear,
in amount(s) not less than 100o/o of the insurable value of the Hotel Project completed
structure(s), covering perils on an "All Risk" basis, including flood, earthquake, and windstorm.
ln an amount not less than $10,000,000. Policy(s) must clearly indicate that underground
structures (if applicable) and materials being installed are covered. Any deductibles are the sole
responsibility of the Lessee.
(e) Commercial Propertv lnsurance in an amount of 100% of the insurable value
of all Lessee lmprovements under an "all risk" form, including damage by water, flood,
subsistence, tornado, hurricane and earthquake in an amount not less than $10,000,000.
(0 Business lnterruption lnsurance coverage utilizing a gross earnings value form
with limits equal to twelve (12) months of Lessee's projected Gross Operating Revenues
associated with the Leased Property. The City and Lessee shall jointly review Lessee's
projected Gross Operating Revenues periodically and the limits of this policy shall be adjusted
based on this review.
(g) Workers' Compensation and Emplovers Liabilitv lnsurance with limits
sufficient to respond to Florida Statute 5440. ln addition, the Lessee shall obtain Employers'
Liability lnsurance with limits of not less than: (i) $500,000 Bodily lnjury by Accident, (ii)
$500,000 Bodily lnjury by Disease and (iii) $500,000 Bodily lnjury by Disease, each employee.
(h) Professiona! Liabilitv. Lessee shall cause any architects or engineers to
maintain architects and engineers errors and omissions liability insurance specific to the
activities or scope of work such consultants will perform. lf coverage is provided on a "claims
made" basis, the policy shall provide for the reporting of claims for a period of five (5) years
following the completion of all construction activities. The minimum limits acceptable shall be
$1,000,000 per occurrence and $3,000,000 in the annual aggregate.
(i) Terrorism lnsurance. So long as the Terrorism Risk lnsurance Program
Reauthorization Act of 2015 ("TR|PRA") or a similar or subsequent statute is in effect, terrorism
insurance for "certified" and "non-certified" acts (as such terms are used in TRIPRA or a similar
or subsequent statute) in an amount equal to the full replacement cost of the Leased Property
plus 12 months of business interruption coverage. lf TRIPRA or a similar or subsequent statute
66
577
is not in effect, then the "all risk" property insurance required pursuant to Section 9.3(e) of this
Lease shall not exclude coverage for acts of terror or similar acts of sabotage unless terrorism
insurance is not commercially available, in which case, Lessee shall obtain stand-alone
coverage in commercially reasonable amounts (for purposes of this clause (i), commercially
reasonable amounts shall mean amounts that would be (A) obtained by property owners or
lessees of properties located in markets similar to that of the Hotel Project and similar in size
and type to the Hotel Project and (B) required by prudent lnstitutional Lenders or landlords in
such similar markets with similar properties).
Section 9.4. Premiums and renewals. Lessee shall pay as the same become due all
premiums for the insurance required by this Article lX, shall renew or replace each such policy
and deliver to the City evidence of the payment of the full premium thereof prior to the expiration
date of such policy, and shall promptly deliver to the City all original Certificates of lnsurance
and copies of all such renewal or replacement policies.
Section 9.5. Adequacv Of !nsurance Coveraqe.
(a) The adequacy of the insurance coverage required by this Article lX may be
reviewed periodically by the City in its sole discretion. The City reseryes the right, but not the
obligation, to review and reasonably revise the insurance requirements every three (3) years,
(including but not limited to deductibles, limits, coverages and endorsements) provided such
revisions are commercially reasonable, customary and commonly available regarding properties
similar in type, size, use and location to the Leased Property and Lessee lmprovements and
further provided that such coverage is available at commercially reasonable rates (including
fiduciary liability and directors and officers liability insurance);
(b) Lessee agrees that City may, if it so elects, at City's expense, have the Lessee
lmprovements appraised for purposes of obtaining the proper amount of insurance hereunder.
Any review by the City shall not constitute an approval or acceptance of the amount of
insurance coverage.
Section 9.6. Gitv Mav Procure lnsurance if Lessee Fails To Do So. lf Lessee refuses,
neglects or fails to secure and maintain in full force and effect any or all of the insurance
required pursuant to this Lease within thirty (30) days after written notice from the City, the City,
at its option, may procure or renew such insurance. ln that event, all commercially reasonable
amounts of money paid therefor by the City shall be treated as Additional Rent payable by
Lessee to the City together with interest thereon at the Default Rate from the date the same
were paid by the City to the date of payment thereof by Lessee. Such amounts, together with all
interest accrued thereon, shall be paid by Lessee to the City within ten (10) days of written
notice thereof.
Section 9.7. Effect of Loss or Damaqe. Any loss or damage by fire or other casualty of or to
any of the Lessee lmprovements on the Leased Property at any time shall not operate to
terminate this Lease or to relieve or discharge Lessee from the payment of Rent, or from the
payment of any money to be treated as Additional Rent in respect thereto, pursuant to this
Lease, as the same may become due and payable, as provided in this Lease, or from the
performance and fulfillment of any of Lessee's obligations pursuant to this Lease. No
acceptance or approval of any insurance agreement or agreements by the City shall relieve or
release or be construed to relieve or release Lessee from any liability, duty or obligation
assumed by, or imposed upon it by the provisions of this Lease.
67
578
Section 9.8. Proof of Loss. Whenever any Lessee lmprovements, or any part thereof,
constructed on the Leased Property (including any personal property furnished or installed in
the premises) shall have been damaged or destroyed, Lessee shall promptly make proof of loss
in accordance with the terms of the insurance policies and shall proceed promptly to collect or
cause to be collected all valid claims which may have arisen against insurers or others based
upon any such damage or destruction.
Section 9.9. lnsurance Proceeds.
(a) Authorized Payment. All sums payable for loss and damage arising out of the
casualties covered by the property insurance policies shall be payable:
(i) directly to Lessee, if the total recovery is equal to or less than
$10,000,000 (as adjusted for inflation over the Term pursuant to Section 14.20 hereof), except
that if an Event of Default has occurred and is continuing hereunder, such proceeds, shall be
paid over to the lnsurance Trustee and disbursed in accordance with Section 9.9(a)(ii). After the
completion of all Reconstruction Work in accordance herewith, any remaining proceeds shall be
paid over to Lessee subject to its obligations to the First Leasehold Mortgagee; and
(ii) to a commercial bank or trust company designated by Lessee and
Approved by the City Manager (the "lnsurance Trustee"), if the total recovery is in excess of
$10,000,000 (as adjusted for inflation over the Term pursuant to Section 14.20 hereof) or is less
than $10,000,000 but an Event of Default has occurred and is continuing hereunder, to be held
by the lnsurance Trustee pending establishment of reconstruction, repair or replacement costs
and shall be disbursed to Lessee pursuant to the provisions of subparagraph (b) of this Section
9.9.
(b) Disposition of lnsurance Proceeds for Reconstruction.
(i) All insurance proceeds shall be applied for the reconstruction, repair or
replacement of Lessee lmprovements and the FF&E and other personal property of Lessee
located on the Leased Property, so that Lessee lmprovements, FF&E and such other personal
property shall be restored to a condition comparable to the condition prior to the loss or damage
but in all cases consistent with the Hotel Standards (hereinafter referred to as "Reconstruction
Work");
(ii) From the insurance proceeds received by the lnsurance Trustee, there
shall be disbursed to Lessee such amounts as are required for the Reconstruction Work.
Lessee shall submit invoices or proof of payment to the lnsurance Trustee for payment or
reimbursement according to an agreed schedule of values approved in advance by the City
Manager and Lessee; and
(iii) After the completion of the Reconstruction Work, any unused insurance
proceeds shall be paid to Lessee.
Section 9.10. Reconstruction.
(a) ln the event of any loss or damage by fire or other casualty of or to any of the
Lessee lmprovements, FF&E and other personal property of Lessee located on the Leased
68
579
Property having a value in excess of $2,500,000, Lessee shall give the City notice thereof within
five (5) Business Days, and Lessee, at its sole cost and expense, whether or not such loss or
damage has been insured and whether or not such loss or damage is to property having a value
in excess of $2,500,000, covenants and agrees to commence the Reconstruction Work as soon
as practicable, but in any event within three (3) months after the insurance proceeds in respect
of the destroyed or damaged improvements or personal property have been received, and to
fully complete such Reconstruction Work as expeditiously as reasonably possible consistent
with the nature and extent of the damage. Lessee shall comply in all respects with the
provisions of Section 2.15 with respect to any Reconstruction Work.
(b) ln the event that Lessee fails to perform the Reconstruction Work in accordance
herewith and within a reasonable time after such loss or damage, the City shall have the right to
terminate this Lease after thirty (30) days' notice if within such thirty (30) day period such
Reconstruction Work is not complete or Lessee has not provided reasonable assurance that it is
proceeding in good faith and using commercially reasonable efforts to complete such
Reconstruction Work, in which case, upon the City's request, the Lessee shall surrender and
return the Leased Property to the City in the same condition existing on the Possession Date,
including demolition of all Lessee lmprovements and repair and restoration of any property,
including the Convention Center, affected by the demolition of the Lessee lmprovements, and
free and clear of all debts, mortgages, encumbrances and liens.
(c) Notwithstanding the foregoing, if, during the last ten (10) years of the Term, the
Lessee lmprovements are totally destroyed or so damaged as to render them unusable, then (i)
Lessee or the City may terminate this Lease by delivery of written notice of such termination to
the other Party not later than sixty (60) days after the occurrence of such casualty, whereupon
this Lease will terminate as of the date of such casualty. Upon such termination, the insurance
proceeds shall be payable as follows: (i) first, to demolish the Lessee lmprovements and clear
the site of all Lessee lmprovements and debris to the City's reasonable satisfaction, (ii) second
to reimburse Lessee for the fair market value of the Lessee lmprovements as of the date prior to
such loss or destruction and (iii) third, the balance, if any, to the City. lf neither the Lessee nor
the City timely elect to terminate this Lease in accordance with this Section 9.10(c), Lessee
shall restore the Lessee lmprovements in accordance with Section 9.10(a) hereof.
Section 9.11. Waiver of Subrogation. Where permitted by law, each Party hereby waives all
rights of recovery by subrogation or othenruise (including, without limitation, claims related to
deductible or self-insured retention clauses, inadequacy of limits of any insurance policy,
insolvency of any insurer, limitations or exclusions of coverage), against the other Party, and its
respective officers, agents, or employees.
Section 9.12. lnadequacv of lnsurance Proceeds. Lessee's liability hereunder to timely
commence and complete restoration of the damaged or destroyed Lessee lmprovements shall
be absolute, irrespective of whether the insurance proceeds received, if any, are adequate to
pay for said restoration.
Section 9.13. No Citv Obliqation to Provide Propertv lnsurance. Lessee acknowledges and
agrees that City shall have no obligation to provide any property insurance on any Lessee
lmprovements or property of Lessee located on the Leased Property. lf City does provide any
prope(y insurance coverage, Lessee acknowledges that such insurance shall be for the sole
benefit of the City and Lessee shall have no right or claim to any such proceeds.
69
580
Section 9.14. Gompliance. Lessee's compliance with the requirements of this Article lX shall
not relieve the Lessee of its liability, or be construed to relieve or limit, Lessee of any
responsibility, liability, or obligation imposed under any other portion of this Lease, or by law,
including, without limitation, any indemnification obligations which Lessee owes to City.
Section 9.15. Riqht to Examine. The City reserves the right, upon reasonable notice, to
examine the original or true copies of policies of insurance (including binders, amendments,
exclusions, riders and applications), or applicable portions of any master insurance policy, to
determine the true extent of coverage. The Lessee agrees to permit such inspection and make
available such policies or portions thereof at the offices of the City.
Section 9.16. Personal Propertv. Any personal property of the Lessee or of others placed in
the Leased Property shall be at the sole risk of the Lessee or the owners thereof, and the City
shall not be liable for any loss or damage thereto for any cause except as a result of the gross
negligence or willful misconduct of the City or its employees, agents or contractors.
ARTICLE X
CONDEMNATION
Section 10.1. Complete Condemnation.
(a) lf the entire Hotel Project shall be taken or condemned for any public or quasi-
public use or purpose, by right of eminent domain or by purchase in lieu thereof (in each case, a
"Taking"), or if such Taking shall be for a portion of the Hotel Project such that the portion
remaining is not sufficient and suitable, on a commercially reasonable basis, for the operation of
the Hotel, then this Lehse shall cease and terminate as of the date on which the condemning
authority takes possession; and
(b) lf this Lease is so terminated, the entire award for the Hotel Project or the portion
thereof so taken shall be apportioned among the City and the Lessee as of the day immediately
prior to the vesting of title in the condemning authority, as follows:
(i) First, but only if the City is not the authority condemning the Hotel Project,
the City shall receive the then fair market value of the Leased Property so taken or condemned
considered as vacant, unimproved, and unencumbered, together with the value of the City's
remainder interest in the Lessee lmprovements which have been taken;
(ii) Second, Lessee shall be entitled to the then fair market value of its
interest under this Lease and in the Lessee lmprovements, less the discounted value of such
Lessee lmprovements as allocated to the City, together with any and all business damages
suffered by Lessee (subject, however, to the rights of the First Leasehold Mortgagee thereto);
and
(iii) the City and Lessee shall each receive one-half (112) of any remaining
balance of the award, except that the Lessee shall receive the entire remaining balance of the
award if the City is the authority condemning the Hotel Project.
70
581
Section 10.2. Partial Condemnation.
(a) lf there is a Taking of a portion of the Hotel Project, and the remaining portion
can, on a commercially reasonable basis be adapted and used to operate the Hotel in the same
manner it was previously operated, then this Lease shall continue in full force and effect; and
(b) ln such event, the award shall be apportioned as follows:
(i) First, to the Lessee to the extent required, pursuant to the terms of this
Lease, for the restoration of the Hotel Project;
(ii) Second, but only if the City is not the authority condemning the Hotel
Project, to the City the portion of the award allocated to the fair market value of the Leased
Property which is so taken, considered as vacant and unimproved;
(iii) Third, to the Lessee the amount by which the value of Lessee's interest in
the Lessee lmprovements and the Leased Property were diminished by the taking or
condemnation, and
(iv) the City and Lessee shall each receive one-half (VZ) of any remaining
balance of the award, except that the Lessee shall receive the entire remaining balance of the
award if the City is the authority condemning the Hotel Project.
Section 10.3. Restoration After Condemnation. lf this Lease does not terminate due to a
Taking, then:
(a) Lessee shall, with commercially reasonable diligence and good-faith, restore the
remaining portion of the Hotel Project in accordance with the provisions of Sections 9.10(a)
hereof;
(b) the entire proceeds of the award shall be deposited and treated in the same
manner as insurance proceeds are to be treated under Article lX until the restoration has been
completed and Lessee and the City have received their respective shares thereof pursuant to
this Article X; and
(c) if the award is insufficient to pay for the restoration, Lessee shall be responsible
for the remaining cost and expense.
Section 10.4. Temporarv Takinq. lf there is a Taking of the temporary use (but not title) of the
Hotel Project, or any part thereof, this Lease shall, but only to the extent it is commercially
reasonable, remain in full force and effect and there shall be no abatement of any amount or
sum payable by or other obligation of Lessee hereunder. Lessee shall receive the entire award
for any such temporary Taking to the extent it applies to the period prior to the end of the Term
and the City shall receive the balance of the award.
Section 10.5. Determinations. lf Landlord and the Lessee cannot agree in respect of any
matters to be determined under this Article, a determination shall be requested of the court
having jurisdiction over the Taking. For purposes of this Article, any personal property taken or
condemned shall be deemed to be a part of the Lessee lmprovements, and the provisions
hereof shall be applicable thereto.
71
582
Section 10.6. Pavment of Fees and Costs. All fees and costs incurred in connection with any
condemnation proceeding described in Article X shall be paid in accordance with the law
governing same, as determined by the court, if appropriate.
ARTICLE XI
QUIET ENJOYMENT AND OWNERSHIP OF IMPROVEMENTS
Section 11.1. Quiet Eniovment.
(a) The City represents and warrants that Lessee, upon paying the Rent, Additional
Rent and other monetary obligations pursuant to this Lease and observing and keeping the
covenants and agreements of this Lease on its part to be kept and performed, shall laMully and
quietly hold, occupy and enjoy the Leased Property during the Term without hindrance or
molestation by the City, acting in its proprietary capacity, or by any Person claiming under the
City, acting in its proprietary capacity. The City shall, at its own cost and expense, through the
City Attorney's office or other counsel selected by the City in its sole discretion, defend any suits
or actions which may be brought challenging Lessee's right to laMully and quietly hold, occupy
and enjoy the Leased Property in accordance with the preceding sentence. Lessee shall have
the right to retain its own counsel in connection with such proceedings, at Lessee's sole cost
and expense.
(b) However, if the City is acting in its governmental capacity, any liability under this
Section shall only be to the extent permitted by applicable law and subject to the provisions and
monetary limitations of Section 768.28, Florida Statutes, as may be amended, which statutory
limitations shall be applied as if the parties had not entered into this Lease.
Section 11.2. Waste. Lessee shall not knowingly permit, commit or suffer waste or material
impairment of the Hotel Project, or any part thereof; provided, however, demolition of existing
improvements on the Leased Property existing on the date hereof or redevelopment or
reconstruction of the Hotel Project as permitted under this Lease shall not constitute waste.
Section 11.3. Maintenance and Operation of lmprovements. Without limiting the provisions
of Article Xll, Lessee shall at all times keep the Hotel Project in good and safe condition and
repair in accordance with the Hotel Standards, commercially reasonable wear and tear
excepted. Regarding the occupancy, maintenance and operation of the Hotel Project, the
Lessee shall comply with all applicable Governmental Requirements.
Section 11.4. Ownership of lmprovements Durinq Lease.
(a) Prior to the expiration or termination of this Lease, title to the Lessee
lmprovements shall not vest in the City by reason of its ownership of fee simple title to the
Leased Property, but title to the Lessee lmprovements shall remain in Lessee.
(b) lf this Lease shall terminate, based on a mutual agreement between the parties
or an final order from a court with jurisdiction from which the time for appeal has expired, prior to
the expiration of the Term and if, at that time, the First Leasehold Mortgagee shall exercise its
option to obtain a new lease for the remainder of the Term pursuant to Article Vl, then title to the
Lessee lmprovements shall automatically pass to, vest in and belong to such First Leasehold
72
583
Mortgagee or any designee or nominee of such First Leasehold Mortgagee permitted
hereunder, until the expiration or sooner termination of the term of such new lease.
(c) The City and Lessee covenant that, to confirm the automatic vesting of title as
provided in this paragraph, each will execute and deliver such further assurances and
instruments of assignment and conveyance as may be commercially reasonably required by the
other for that purpose.
Section 11.5. Surrender of Leased Propertv.
(a) Upon the expiration of the Term or earlier termination of this Lease (subject only
to the rights of any First Leasehold Mortgagee), title to Lessee lmprovements, free and clear of
all debts, mortgages, encumbrances, and liens (which for this purpose shall include all personal
property or equipment furnished or installed on the Hotel Project and owned or leased by
Lessee), shall automatically pass to, vest in and belong to the City or its successor in ownership
and it shall be laMul for the City or its successor in ownership to re-enter and repossess the
Leased Property and Lessee lmprovements thereon without process of law; and
(b) The City and Lessee covenant that, to confirm the automatic vesting of title as
provided in this Section, each will execute and deliver such further assurances and instruments
of assignment and conveyance as may be reasonably required by the other for that purpose.
ARTICLE X!!
MAINTENANCE AND REPAIRS
Section 12.1. Standards Generallv. The City and Lessee agree that the manner in which the
Hotel Project is developed, operated and maintained is important to the City by reason of its
interest in having a convention hotel facility for use by its residents and visitors to the City.
Therefore, Lessee hereby agrees to develop, operate and maintain the Hotel Project and the
Lessee lmprovements thereon (including all FF&E) consistent with the Hotel Standards and in
good order and repair, and will replace the same when necessary with items of similar utility and
value in order to maintain such condition throughout the Term.
Section 12.2. Utilities. City will not be required to furnish any services, utilities or facilities
whatsoever to the Leased Property pursuant to this Lease. Any services provided to the
Leased Property shall be pursuant to the terms of a separate agreement.
Section 12.3. Cleaninq. Lessee shall, at its sole cost and expense, perform or cause to be
performed, services which will at all times keep the Leased Property and the Lessee
lmprovements thereon, whether partially or fully constructed, in a clean, neat, orderly, sanitary
and presentable condition.
Section 12.4. Removal of Trash. Lessee shall, at its sole cost and expense, store, dispose of,
and remove or cause to be removed from the Leased Property all trash and refuse which might
accumulate and arise from its use of the Leased Property.
Section 12.5. Maintenance and Repairs.
(a) Lessee shall be exclusively responsible for maintenance and repair of the Leased
Property and the Lessee lmprovements, (except for the Off-Site lmprovements or to the extent
infrastructure maintenance has been transferred by Lessee to a utility company by means of a
73
584
written contract), to the extent and at the times that are consistent with standard industry
practice for each applicable Lessee lmprovement. Maintenance and repairs by Lessee,
including landscape maintenance, shall be in quality and class equal to or better than the
original Work to preserve the Leased Property and Hotel Project in good condition and working
order.
(b) ln no event shall City be responsible or liable for any maintenance or repair of any
Lessee lmprovement, fixture, equipment, structure, facility, alteration, or addition thereto on the
Leased Property.
(c) Lessee shall be responsible for complying at its cost with any Governmental
Requirements, including construction re-certification of any Lessee lmprovement on the Leased
Prope(y (other than the Off-Site lmprovements), including the "4}-year recertification"
requirement under the current building code.
(d) Maintenance and repair of the Hotel Project must be at a level that is in compliance with
the Hotel Standards and that will cause the Hotel Project to be in a usable condition at the
expiration or termination of this Lease, and with Lessee having expended sufficient funds during
the last ten (10) years of this Lease that will cause each Lessee lmprovement to be useful and
functional and code compliant. During the Term of this Lease, Lessee shall (1) adequately and
reasonably fund maintenance reserve accounts for each Lessee lmprovement on the Leased
Property in amounts that are consistent with standard industry practice applicable to each
particular Lessee lmprovement, (2) periodically expend funds from such accounts for
maintenance purposes in an amount and at a time or times that are customary and ordinary for
a sound maintenance program for the Leased Property and consistent with commercial
development practices prevailing in South Florida and (3) comply at all times with the terms set
forth in the Management Agreement from time to time regarding accrual, maintenance and
expenditure of reserves, including FF&E reserves.
Section 12.6. Excavation of Land. Except in connection with the construction of the Hotel
Project, or redevelopment or reconstruction of the Hotel Project as permitted under this Lease,
no excavation of any of the land shall be made, no soil or earth shall be removed from the
Leased Property, and no well of any nature shall be dug, constructed or drilled on the Leased
Property, except as may be required for environmental monitoring purposes, without the prior
written Approval by City Manager.
Section 12.7. Water and Seweraqe Svstem. The Lessee shall operate and maintain, at its
sole cost and expense, all the components of the water, sanitary sewerage and storm drainage
facilities constructed by Lessee as part of the Hotel Project within the boundaries of the Leased
Property. Once constructed, Lessee shall not make any alterations or modifications to these
facilities without the advance written Approval of the City Manager, which approval shall not be
unreasonably withheld. Such consent shall be granted if any such alterations or modifications
are required to comply with Governmental Requirements.
Section 12.8. lndustrial Waste Facilities. The Lessee shall be fully responsible for all
industrial wastes on the Leased Property caused or produced by Lessee, its Subtenants or
third-parties operating on the Leased Property and the proper disposal thereof, in accordance
with applicable Governmental Req uirements.
Section 12.9. !nspections. City and/or its designated representatives shall have the right,
during normal working hours, after prior reasonable notice to inspect the Leased Property and
74
585
the Lessee lmprovements to identify those items of maintenance, repair, replacement,
modification and refurbishment reasonably required of Lessee to keep the Leased Property and
the Lessee lmprovements in good order and condition. lf Lessee has failed to fulfill its
maintenance and repair obligations under this Lease, City shall provide written notice and the
Lessee shall perform all corrective work identified in such notice within thirty (30) days of receipt
of the notice from City; provided, however that if such corrective work cannot be reasonably
accomplished within a thirty (30) day period, then the Lessee shall commence the corrective
work within that thirty (30) day period and diligently prosecute same to completion. Trash and
debris maintenance shall be corrected within two (2) Business Days following receipt of written
notice from City. Failure of City to inspect as aforementioned shall not impose any liability on
the City. Nothing in this contractual provision relating to City's inspections shall preclude City
from making inspections of the Leased Property in accordance with City's regulatory authority.
Section 12.10. Failure of Lessee to Maintain. lf Lessee has failed to properly clean, remove
trash and debris, maintain, repair, replace and refurbish the Leased Property as required by this
Article Xll, the City shall provide to the Lessee a written list of deficiencies, reflecting the amount
of time to be reasonably allowed for the Lessee to correct same. lf the Lessee fails to correct or
commence to correct such deficiencies within the time allowed and has not registered an
objection as to its obligation to do so, the City, at its option, may elect to correct any or all of
such deficiencies, in which case, the City shall give Lessee fifteen (15) days further written
notice of its intention to do so, and if the Lessee has not corrected or commenced to correct the
same within such additional fifteen (15) day period, the City may enter upon the Leased
Property and perform all work, which, in the reasonable judgment of the City, is necessary and
the City shall add the cost of such work, plus twenty-five percenl (25o/o) for administrative costs,
to the Rent due hereunder on the first day of the month following the date of such work, and
such cost shall be and constitute a part of the Rent. lf Lessee has not corrected or commenced
to correct such deficiencies within such additional fifteen (15) day period, the Lessee shall not
undertake performance of such repairs or cleanup without specific prior written authorization
from the City.
ARTICLE XIII
MANAGEMENT OF HOTEL
Section 13.1. Hotel Standards.
(a) Lessee covenants and agrees that it will utilize the Hotel Standards, as
delineated in Exhibit "B", to maintain and operate the Hotel, and operate or cause for the Hotel
to be operated in compliance with this Lease, Management Agreement and Governmental
Requirements;
(b) Any commercial operations on the Hotel Project, whether conducted by Lessee,
an Affiliate of Lessee or any concessionaire, involving any unreasonably noisy, dangerous or
obnoxious activities or the leasing or rental of unreasonably noisy, dangerous or obnoxious
equipment, shall require the prior written approval of the City and City may withhold such
approval or require the termination of any such commercial operations then in existence on the
Hotel Project in its commercially reasonable judgment; and
(c) Lessee shall use commercially reasonable efforts to ensure that any concession,
commercial activity, or other Hotel activity shall be generally consistent with the Hotel
Standards.
75
586
(d) Notwithstanding anything to the contrary contained herein, in the event that the
Convention Center is not operated and maintained in accordance with the MBCC Standard of
Operation for a period of more than two (2) years after written notice thereof from Lessee to City
and City does not commence improvements to restore the Convention Center to the MBCC
Standard of Operation within two (2) years after written notice thereof from Lessee, then
Lessee, as its sole remedy, shall not be required to operate and maintain the Hotel in
accordance with the Hotel Standards but instead shall be required to operate the Hotel (or
cause for the Hotel to be operated) so that it meets a sufficient number of the standards then
required to be able to obtain a three-diamond rating from the American Automobile Association;
provided that, if at any time during the Term during which the Convention Center is not operated
in accordance with the MBCC Standard of Operation, such rating system is discontinued or the
standard for such rating system is materially changed, the Parties shall mutually and reasonably
agree to substitute an alternate rating system that is most nearly equivalent to the discontinued
or changed rating system. At such time as the MBCC Standard of Operation is restored,
Lessee shall be required to operate the Hotel in accordance with the Hotel Standards.
Section 13.2. Covenant to Continuouslv Operate Hote!.
(a) Subject to the need to make repairs and perform maintenance and any Force
Majeure Event in accordance herewith, after the Opening Date, Lessee shall diligently and
continuously operate (or cause to be operated) the Hotel for 365 days each year consistent with
the Hotel Standards;
(b) Subject to the need to make repairs and perform maintenance and subject to any
Force Majeure Events in accordance herewith, after the Opening Date, for each day the Hotel is
not operated continuously, the City, in addition to any other remedies available to it under this
Lease, shall be entitled to receive a rental which shall be no less per day than the average of
the Base Rent payable during the preceding three (3)full Lease Years; and
(c) Notwithstanding the foregoing, Lessee shall have the right from time-totlme
to close the Hotel or parts thereof for such commercially reasonable periods of time to make
repairs, alterations, remodeling or for any reconstruction after casualty or condemnation or any
Force Majeure Event; provided that the Lessee is using commercially reasonable diligent efforts
to repair and restore the Hotel or, as applicable, to mitigate the impact of such Force Majeure
Events on its operations.
Section 13.3. Hotel Name. Lessee may enter into new Management Agreements or change
the name of "flag" of the Hotel so long as such brand or flag is an Approved Brand. ln
determining whether or not to give any Approval of a brand that is not an Approved Brand, the
City may consider, by way of example and not of limitation, the public image of the proposed
name or flag, its AAA or other quality classification and whether such image is commensurate
with the public image the City desires to project. Provided that no Event of Default is then
continuing, Lessee's request for approval shall be deemed approved if (i) the first
correspondence from Lessee to City requesting such approval or consent is in an envelope
marked "PRIORITY" and contains a bold-faced, conspicuous (in a font size that is not less than
fourteen (14)) legend at the top of the first page thereof stating that "FIRST NOTICE: THIS lS A
REQUEST FOR CONSENT UNDER SECTION 13.3 OF THE DEVELOPMENT AND GROUND
LEASE AGREEMENT, DATED AS OF 2015, AND FAILURE TO RESPOND TO THIS
REQUEST WITHIN TWENTY (20) DAYS MAY RESULT IN THE REQUEST BEING DEEMED
GRANTED", and is accompanied by the information and documents required above, and any
76
587
other information reasonably requested by City in writing prior to the expiration of such twenty
(20) day period in order to adequately review the same has been delivered; and (ii) if City fails to
respond or to deny such request for approval in writing within the first fifteen (15) days of such
twenty (20) day period, a second notice requesting approval is delivered to City from Lessee in
an envelope marked "PRIORITY" containing a bold-faced, conspicuous (in a font size that is not
less than fourteen (14)) legend at the top of the first page thereof stating that "SECOND AND
FINAL NOTICE: THIS lS A REQUEST FOR CONSENT UNDER SECTION 13.3 OF THE
DEVELOPMENT AND GROUND LEASE AGREEMENT, DATED AS OF _,2015.|F YOU
FAIL TO PROVIDE A SUBSTANTIVE RESPONSE (E.G., APPROVAL, DENIAL OR REQUEST
FOR CLARTFICAT|ON OR MORE TNFORMATTON) TO TH|S REQUEST FOR APPROVAL lN
WRITING WITHIN FIVE (5) DAYS, YOUR APPROVAL SHALL BE DEEMED GIVEN' and City
fails to provide a substantive response to such request for approval within such final five (5) day
period.
ARTICLE XIV
MISCELLANEOUS PROVISIONS
Section 14.1. No Partnership or Joint Venture. lt is mutually understood and agreed that
nothing contained in this Lease is intended or shall be construed in any manner or under any
circumstances whatsoever as creating or establishing the relationship of co-partners, or creating
or establishing the relationship of a joint venture between the City and Lessee, or as constituting
Lessee as the agent or representative of the City for any purpose or in any manner whatsoever.
Section 14.2. Recording. Documentary Stamps. A memorandum of this Lease, in form
mutually satisfactory to the parties, may be recorded by either Party among the Public Records
of Miami-Dade County, Florida and the cost of any such recordation, the cost of any
documentary stamps which legally must be attached to any or all of said documents shall be
paid in full by Lessee. The Parties shall cooperate in structuring the transactions contemplated
hereby in such a manner as to reduce such costs, provided such structure shall not have any
adverse consequence for the City.
Section 14.3. Florida and Local Laws Prevail. This Lease shall be governed by the laws of
the State of Florida. This Lease is subject to and shall comply with the City Code as the same is
in existence as of the execution of this Lease and the ordinances of the City of Miami Beach.
Any conflicts between this Lease and the City Code shall be resolved in favor of the latter. lf any
term, covenant, or condition of this Lease or the application thereof to any Person or
circumstances shall to any extent, be illegal, invalid, or unenforceable because of present or
future laws or any rule or regulation of any governmental body or entity or becomes
unenforceable because of judicial construction, the remaining terms, covenants and conditions
of this Lease, or application of such term, covenant or condition to Persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby and
each term, covenant, or condition of this Lease shall be valid and be enforced to the fullest
extent permitted by law. Any dispute arising out of or relating to this Lease that specifically
provides for arbitration (and only such provisions) shall be subject to arbitration as provided
herein. ln any such arbitration or in any legal action brought by either Party because of a
breach of this Lease or to enforce any provision of this Lease, the prevailing Party shall be
entitled to reasonable attorneys'fees and paralegals' fees and costs, including those incurred in
subsequent actions to enforce or vacate an arbitration award and those incurred on appeal.
77
588
Section f 4.4. No Conflicts of lnterest/Gitv Representatives not Individuallv Liable. No
member, official, representative, or employee of the City shall have any personal interest, direct
or indirect, in this Lease, nor shall any such member, official, representative or employee
participate in any decision relating to this Lease which affects his or her personal interest or the
interest of any corporation, partnership or association in which he or she is, directly or indirectly,
interested. No member, official, elected representative or employee of the City shall be
personally liable to Lessee or any successor in interest in the event of any default or breach by
the City or for any amount which may become due to Lessee or successor or on any obligations
under the terms of this Lease.
Section 14.5. Notice. A notice or communication, under this Lease by the City, on the one
hand, to Lessee, or, on the other, by Lessee to the City shall be sufficiently given or delivered if
in writing and dispatched by hand delivery, or by nationally recognized overnight courier
providing receipts, or by registered or certified mail, postage prepaid, return receipt requested
to:
(a) Lessee. ln the case of a notice or communication to Lessee if addressed as
follows:
To:
With Copies To:
(b) City. ln the case of a notice or communication to the City, if addressed as follows:
To:
City Manager
City of Miami Beach, Florida
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
With Copies To:
City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
or if such notice is addressed in such other way in respect to any of the foregoing Parties as that
Party may, from timeto-time, designate in writing, dispatched as provided in this Section 14.5.
Section 14.6. Estoppe! Certificates. The City and Lessee shall, within thirty (30) days after
written request by the other, execute, acknowledge and deliver to the Party which has
requested the same or to any actual or prospective First Leasehold Mortgagee, Mezzanine
Lender, or purchaser of the Hotel or any equity interest in Lessee, a certificate stating that:
(a) this Lease is in full force and effect and has not been modified, supplemented or
amended in any way, or, if there have been modifications, this Lease is in full force and effect as
modified, identifying such modification agreement, and if this Lease is not in force and effect,
the certificate shall so state;
78
589
(b) this Lease as modified represents the entire agreement between the Parties as
to this subject matter, or, if it does not, the certificate shall so state;
(c) the dates on which the Term of this Lease commenced and will terminate;
(d) to the knowledge of the certifying Party all conditions under this Lease to be
performed up to that date by the City or Lessee, as the case may be, have been performed or
satisfied and, as of the date of such certificate, there are no existing defaults, defenses or
offsets which the City or Lessee, as the case may be, has against the enforcement of this Lease
by the other Party, or, if such conditions have not been satisfied or if there are any defaults,
defenses or offsets, the certificate shall so state; and
(e) the Rent due and payable for the year in which such certificate is delivered has
been paid in full, or, if it has not been paid, the certificate shall so state.
The Party to whom any such certificate shall be issued may rely on the matters therein set forth;
however, in delivering such certificate neither Lessee nor the City (nor any individual signing
such certificate on such Party's behalf) shall be liable for the accuracy of the statements made
therein, but rather shall be estopped from denying the veracity or accuracy of the same. Any
certificate required to be made by the City or Lessee pursuant to this paragraph shall be
deemed to have been made by the City or Lessee (as the case may be) and not by the person
signing same.
Section 14.7. Provisions not Merqed with Deed. Unless othenruise expressed in the
instrument of conveyance or transfer, none of the provisions of this Lease are intended to or
shall be merged by reason of any deed:
(a) transferring the Hotel Project or any part thereof from Lessee (or its successors
or assigns) to the City (or its successors or assigns); or
(b) transferring title to the Leased Property or any part thereof from the City to
Lessee, its successors or assigns. Any such deed shall not be deemed to affect or impair the
provisions and covenants of this Lease.
Notwithstanding anything to the contrary contained herein, so long as there is a First
Leasehold Mortgagee, the City and Lessee agree that the City shall not transfer any fee interest
in the Leased Property to Lessee without such First Leasehold Mortgagee's prior written
consent.
Section 14.8. Titles of Articles and Sections. Any titles of the several parts, Articles and
Sections of this Lease are inserted for convenience of reference only and shall be disregarded
in construing or interpreting any of its provisions.
Section 14.9. Gounterparts. This Lease may be executed in counterparts, each of which shall
be deemed an original. Any such counterparts shall constitute one and the same instrument.
This Lease shall become effective only upon execution and delivery of this Lease by the Parties
hereto.
Section 14.10. Successors and Assiqns: No Third Partv Beneficiaries. Except to the
extent limited elsewhere in this Lease, all of the covenants conditions and obligations contained
in this Lease shall be binding upon and inure to the benefit of the respective successors and
79
590
assigns of the City and Lessee. Lessee and the City acknowledge and agree that except for a
First Leasehold Mortgagee or a Mezzanine Lender, if any, each of which shall have the rights
set forth in Article Vl hereof, no third party shall have any rights or claims arising hereunder, nor
is it intended that any third party shall be a third party beneficiary of any provisions hereof.
Section 14.11. Entire Aqreement. This Lease and its Exhibits constitute the sole and only
agreement of the Parties hereto with respect to the subject matter hereof and correctly set forth
the rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Lease are of no force or
effect and are merged into this Lease.
Section 14.12. Amendments. No amendments to this Lease shall be binding on either Party
unless in writing and signed by both Parties. Solely to the limited extent as may be necessary
to reasonably facilitate lender financing for the Hotel Project, the City Manager shall have the
delegated authority (but not the obligation), after consultation with the City's Chief Financial
Officer and City Attorney, to negotiate and execute modifications to Article 9, Article 10,
Sections 6.1(a)(vi) through 6.1(a)(ix), and Sections 6.1(b) through 6.1(k) of this Lease; and to
negotiate and execute the easements contemplated pursuant to Section a.1(g) of this Lease.
All other amendments must be approved by majority vote of the City Commission, subject to the
requirements of the City Charter and applicable law, except that the restrictions in Sections
4.2(b),4.2(g) and Section A.1 of Exhibit "A" hereto may not be modified except by a 6/7th vote
of the City Commission and approval of such modifications by at least sixty percent (60%) of the
voters voting thereon in a City-wide referendum, in the same manner as required for approval of
the initial Lease pursuant to Section 1.03(bX3) of the City Charter. The City shall not be
obligated to expend any money or undertake any obligation connected with any such
amendment proposed by Lessee, or otherwise connected with any action requested by or for
the benefit of Lessee under this Lease, and shall be reimbursed by Lessee for all out of pocket
expenses (including third party consultants and attorneys) incurred by the City. Prior to the City
taking action regarding any such request, Lessee shall deposit with the City the estimated
amount of such costs, as reasonably determined by the City.
Section 14.13. Non-Subordination of Citv's lnterest. The City's fee interest in and
ownership of the Leased Property and the City's rights and interest in this Lease (including the
rights to Rent, Public Charges and other monetary obligations of Lessee to the City under this
Lease) shall not be subject or subordinate to or encumbered by any financing for the Hotel
Project or lien or encumbrances affecting Lessee's interest in this Lease or Lessee
lmprovements or by any acts or omissions of Lessee or any Subtenant hereunder. ln this
regard, the Rent, Additional Rent, Public Charges and other monetary obligations of Lessee to
the City under this Lease then payable at any point in time during the Term shall be paid by
Lessee to the City and shall be superior in right to all claims or rights hereunder or described
above in this Section, including all Hotel Project operating expenses, the payment of debt
service, and any distributions of profits to Lessee or any of its Affiliates or owners.
Section 14.14. Citv Manaser's Deleqated Authoritv. Notwithstanding any provision to the
contrary in this Lease, nothing herein shall preclude the City Manager from seeking direction
from or electing to have the City Commission determine any matter arising out of or related to
this Lease, including, without limitation, any Approval contemplated under this Lease (within the
timeframe specified therefor as if the Approval was being determined by the City Manager), any
proposed amendment or modification to this Lease or any separate agreement relating to the
Hotel Project or othenrise referenced in this Lease.
80
591
Section 14.15. Holidavs. lt is hereby agreed that whenever a notice or performance under
the terms of this Lease is to be made or given on a Saturday or Sunday or on a legal holiday
recognized by the City, it shall be postponed to the next following Business Day, not a Saturday,
Sunday or legal holiday.
Section 14.16. No Brokers. Lessee shall be responsible for, and shall hold the City
harmless with respect to, the payment of any commission claimed by or owed to any real estate
broker or other Person retained by Lessee and which is entitled to a commission as a result of
the execution and delivery of this Lease. The City similarly shall be responsible for, and shall
hold Lessee harmless with respect to, the payment of any commission claimed by or owed to
any real estate broker or other Person retained by the City and which is entitled to a commission
as a result of the execution and delivery of this Lease.
Section 14.17. No Liabilitv for Approvals and lnspections. Except as may be otherwise
expressly provided herein, no approval to be made by the City in its capacity as landlord under
this Lease or any inspection of the Work or the Hotel Prolect by the City under this Lease, shall
render the City liable for its failure to discover any defects or nonconformance with any
Governmental Requirement.
Section 14.18. 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 the county public health unit for Miami-Dade County.
Section 14.19. Lessee Entitv. On the date of execution hereof, Lessee is a limited liability
company. ln the event that at any time during the Term of this Lease and any extensions and
renewals thereof, Lessee is a corporation or an entity other than a limited liability company, then
any references herein to member, membership interest, manager and the like which are
applicable to a limited liability company shall mean and be changed to the equivalent
designation of such term which is appropriate to the nature of the new Lessee entity.
Section 14.20. lnflation Adiustments. All adjustments for inflation required under this Lease
shall be calculated utilizing the United States Bureau of Labor Statistics, Consumer Price lndex
for All Urban Consumers; U.S. City average (1982-84=100). lf the United States Department of
Labor should no longer compile and publish this index, the most similar index compiled and
published by said Department or any other branch or department of the federal government
shall be used for the purpose of computing the inflation adjustments provided for in this Lease. lf
no such index is compiled or published by any branch or department of the federal government,
the statistics reflecting cost of living increases as compiled by any institution or organization or
individual designated by the City and generally recognized as an authority by financial or
insurance institutions shall be used as a basis for such adjustments.
Section 14.21. Standard of Conduct. The implied covenant of good faith and fair dealing
under Florida law is expressly adopted.
Section 14.22. Waiver of Consequential Damaqes. Notwithstanding anything contained in
this Lease to the contrary, in no event shall either Party be liable to the other for any
consequential, exemplary or punitive damages.
81
592
Section 14.23. Reservation of Riqhts. This Lease shall not affect any rights that may have
accrued to any Party to this Lease under applicable laws and each Party hereto reserves any
and all of such rights.
[signature pages to follow]
82
593
lN WITNESS WHEREOF, Lessee has caused this Lease to be signed in its name by its
, and the City of Miami Beach has caused this Lease to be signed in its name by
the Mayor, and duly attested to by the City Clerk, and approved as to form and sufficiency by
the City Attorney, on the day and year first above written.
WITNESSED BY:CITY OF MIAMI BEACH, FLORIDA
Print Name:
Print Name:Philip Levine
Mayor
ATTEST Approved for form and legal sufficiency
Ehr'
City Attorney
City Clerk
STATE OF FLORTDA )
couNTY oF M|AM|-DADE )
The foregoing instrument was acknowledged before me this day of
_, 2015, by
Who is personally known to me or who produced
Notary Public
Commission Number:
Commission Expires:
By:
By:
,as-of-
as ioEil?ication.
83
594
LESSEE
Print Name:By:
Name:
Title:
Print Name:
STATE OF FLORTDA )
couNTY oF M|AM|-DADE )
The foregoing instrument was acknowledged before me this day of
_,2Q15, by
Who is oersonallrpersonally known to me or who produced
as-of-
as idilii?Gii-on.
Notary Public
Commission Number:
Commission Expires:
STATE OF FLORTDA )
couNTY oF M|AM|-DADE )
84
595
EXHIBIT ''A''
ACCEPTABLE OWNER DEFINITION
A. "Acceptable Owner" means any individual, corporation or other entity which has,
at a minimum, the following qualifications:
1. Neither the proposed transferee nor any Persons with an ownership
interest in the proposed transferee shall, directly or indirectly, own, operate or manage a
Gaming Establishment in Miami-Dade County, Florida; provided, however, that the foregoing
restriction shall not prevent a proposed transferee who othenivise qualifies as an Acceptable
Owner from so qualifying if all Persons owning or Controlling such proposed transferee, own or
control in the aggregate five percent (5%) or less of the voting securities of any owner, operator
or manager of a Gaming Establishment in Miami-Dade County, Florida.
2. The proposed transferee is not a Foreign lnstrumentality other than a
member country of the European Union or the Gulf Cooperation Council, each as existing on
the Effective Date, Canada, Mexico, countries located in South America, Japan, South Korea,
Singapore and Australia, or a Person Controlled by any of the foregoing countries.
3. The proposed transferee must not be owned, or Controlled by entities or
individuals who have been convicted, or are presently under indictment, for felonies under the
laws of any foreign or United States of America jurisdiction. But the foregoing shall not apply to
individuals or entities owning less than a ten percent (10Yo) equity interest in the proposed
transferee, other than officers, directors, managers or others who have the power to direct and
control the business and affairs of the proposed transferee.
4. The proposed transferee must not in its charter or organizational
documents (defined as the articles of incorporation and bylaws for any corporation, the
partnership agreement and partnership certificate for any partnership, the articles of
organization and limited liability company operating agreement for any limited liability company,
the trust agreement for any trust and the constitution of the relevant government for any
governmental entity, but expressly excluding any statements, positions, actions or allegations
not contained in such charter organizational documents) expressly advocate or have as its
stated purpose: (a) the violent overthrow of or armed resistance against, the U.S. government;
or (b) genocide or violence against any persons; or (c) discrimination, hatred or animosity
toward persons based solely on their race, creed, color, sex or national origin.
5. A proposed transferee of the entire Hotel Project or of a direct or indirect
Controlling ownership interest in Lessee (each, a "Proposed Major Transferee"), or an Affiliate
of such Proposed Major Transferee Controlling such Proposed Major Transferee or Person with
an ownership interest in such Proposed Major Transferee Controlling such Proposed Major
Transferee, must be a Person that generally invests in commercial real estate projects and has
sufficient financial resources, including access to debt financing, as may be necessary to
conclude the proposed acquisition and to perform the obligations of Lessee in accordance with
this Lease (or if a transfer of a direct or indirect Controlling ownership in Lessee, that Lessee
has such financial resources), in a manner consistent with the Hotel Standards.
6. A Proposed Major Transferee shall have no outstanding material
violations of any applicable law against such Proposed Major Transferee, or any hotel or other
property owned or managed by such Proposed Major Transferee, within Florida, which have
remained uncured for more than ninety (90) days after such Proposed Major Transferee has
596
knowledge of such violation unless such violation is being contested in good faith so long as the
Proposed Major Transferee is able to continue operating such hotel or other property while such
matter is being contested. A material violation of applicable law means that the Proposed Major
Transferee would be subject to any of the following if found guilty of such violation, or if such
violation remains uncured after any applicable period for curing such violation in the statutory or
regulatory scheme describing such violation: (i) prohibition from continuing to operate such hotel
or other property for any period of time, (ii) loss of such hotel or other property, or (iii) a penalty
in excess of $3 million (adjusted annually for inflation pursuant to Section 14.20 hereof).
7. A Proposed Major Transferee must not (nor any of the individuals or
entities who own at least a ten percent (10%) equity interest in such Proposed Major Transferee
or are officers, directors, managers or otherwise have the power to direct and control the
business and affairs of such Proposed Major Transferee) have filed or been discharged from
bankruptcy, or have been the subject of an involuntary bankruptcy, reorganization or insolvency
proceedings within the past five (5) years (bankruptcy filings by Affiliates shall not disqualify a
Proposed Major Transferee, unless such Affiliates are any of the individuals or entities
described in the parenthetical immediately above).
B. "Acceotable Owner Criteria": The foregoing seven (7) categories of requirements
set forth in paragraph A above are collectively defined as the "Acceptable Owner Criteria."
C. Evaluation of the Acceptable Owner Criteria:
Solely for the purpose of evaluating whether the proposed transferee has met the seven (7)
criteria set forth above, the proposed transferee shall provide the following information to the
Lessee and certify that the information provided by the proposed transferee is true and correct
and that the proposed transferee meets or exceeds the Acceptable Owner Criteria:
1. solely with respect to a Proposed Major Transferee, information sufficient
for the City or any outside vendor engaged by the City to perform a due diligence investigation
pursuant to paragraph D below, including copies of any applicable operating licenses;
2. solely with respect to a Proposed Major Transferee, certified financial
statements reflecting such Proposed Major Transferee's financial ability to meet the obligations
and requirements of Lessee under this Lease;
3. solely with respect to a Proposed Major Transferee, a list of four (4)
persons or firms with whom the principals of such Proposed Major Transferee have conducted
business transactions during the past three (3) years. At least two (2) of those references must
have knowledge of such Proposed Major Transferee's debt payment history;
4. solely with respect to a Proposed Major Transferee, identification of the
hotels owned or managed by such Proposed Major Transferee or its Affiliates or principals;
5. solely with respect to a Proposed Major Transferee, the resume of such
Proposed Major Transferee, senior executives, and other key employees thereof, including
identification of and duration, of hotel ownership experience;
597
6. solely with respect to a Proposed Major Transferee, a list of all
bankruptcies filed by such Proposed Major Transferee or to which such Proposed Major
Transferee was a party-bankrupt, if any;
7. a list of all pending litigation, liens or claims in which the proposed
transferee is currently involved which are not covered by insurance and which, if adversely
determined would exceed the amount of $250,000 (as adjusted for inflation over the Term
pursuant to Section 14.20 hereof); and
8. such other evidence as is commercially reasonably necessary to
establish that the new entity proposed to be the Acceptable Owner meets the Acceptable Owner
Criteria.
D. With respect to any proposed Transfer to a Proposed Major Transferee, City
may, at its sole discretion, engage an outside vendor to perform a due diligence investigation at
the Lessee's or such Proposed Major Transferee's sole expense, which may include a search of
civil, criminal, or bankruptcy proceedings in federal and state jurisdictions; regulatory filings; tax
filings; lien, judgment and Uniform Commercial Code searches; business registrations, and the
like. City shall be entitled to engage an independent accounting firm, the reasonable costs of
which shall be borne by Lessee or such Proposed Major Transferee, to review the information
upon which the Proposed Major Transferee's certifications were based, for the purpose of
determining whether the certifications and/or information provided to the City is accurate and
complete. Lessee shall, or shall cause such Proposed Major Transferee to, reimburse City,
upon demand, for any reasonable costs incurred by City in connection with such Transfer or
proposed Transfer to a Proposed Major Transferee, including the reasonable out-of-pocket
costs of making inquiries and investigations into the conformance with the Acceptable Owner
Criteria of such Proposed Major Transferee and the reasonable legal costs incurred, if any, in
connection therewith.
E. Confirmation/ApprovalProcessforProposedTransferees:
Regarding the City's confirmation that a proposed transferee is an Acceptable Owner, or the
City's approval of a Transfer that is not a Permitted Transfer, the parties hereby agree that:
1. The City Manager shall rely solely on the proposed transferee's
certification that the proposed transferee meets the Acceptable Owner Criteria (if a Permitted
Transfer), along with the information provided by the proposed transferee and with respect to
any Proposed Major Transferee, the results of any due diligence investigation performed by the
City.
2. The City Manager shall not unreasonably withhold the City's confirmation
if the proposed transferee complies with the Acceptable Owner Criteria.
3. The City Manager shall not unreasonably withhold the City's Approval of
a Transfer that is not a Permitted Transfer, except that with respect to a Transfer to a Foreign
lnstrumentality (other than a member country of the European Union or the Gulf Cooperation
Council, each as existing on the Effective Date, Canada, Mexico, countries located in South
America, Japan, South Korea, Singapore and Australia or Persons Controlled by any of the
foregoing countries), such Transfer shall be subject to the prior written approval of the City
598
Commission, which may be granted, conditioned or withheld by the City Commission in its sole
discretion; and
4. lf a proposed Transfer requires the City's confirmation or Approval,
Lessee shall deliver written notice to the City, which shall include (i) the name and address of
the proposed transferee; (ii) the name and address of the proposed transferor; (iii) information
describing the nature of the transaction; (iv) the percentage interest being conveyed; and (iv)
the materials described in paragraph C above.
5. The City Manager shall have up to forty-five (45) days after the delivery
of such written notice and the information required under paragraph C above, to determine
whether, on a commercially reasonable basis, the proposed transferee meets the Acceptable
Owner Criteria if a Permitted Transfer, or to Approve in accordance herewith a Transfer if not a
Permitted Transfer.
6. Provided that no Event of Default is then continuing, Lessee's request for
confirmation or Approval shall be deemed confirmed or Approved if (i) the first correspondence
from Lessee to the City requesting such confirmation or Approval is in an envelope marked
"PRIORITY" and contains a bold-faced, conspicuous (in a font size that is not less than fourteen
(14)) legend at the top of the first page thereof stating that "FIRST NOTICE: THIS lS A
REQUEST FOR CONFIRMATION OR APPROVAL UNDER SECTION 5.4 OF THE
DEVELOPMENT AND GROUND LEASE AGREEMENT, DATED AS OF
-,
2015, AND
FATLURE TO RESPOND TO THIS REQUEST WTTHTN FORTY-F|VE (45) DAYS MAY RESULT
lN THE REQUEST BEING DEEMED GRANTED", and is accompanied by the information and
documents required above, and any other information reasonably requested by City in writing
prior to the expiration of such forty-five (45) day period in order to adequately review the same
has been delivered; and (ii) if City fails to respond or to deny such request for confirmation or
Approval in writing within the first thirty (30) days of such forty-five (45) day period, a second
notice requesting confirmation or Approval is delivered to City from Lessee in an envelope
marked "PRIORITY" containing a bold-faced, conspicuous (in a font size that is not less than
fourteen (14)) legend at the top of the first page thereof stating that "SECOND AND FINAL
NOTICE: THIS lS A REQUEST FOR CONFIRMATION OR APPROVAL UNDER SECTION 5.4
OF THE DEVELOPMENT AND GROUND LEASE AGREEMENT, DATED AS OF
-,2015.
rF YOU FA|L TO PROVTDE A SUBSTANTTVE RESPONSE (E.G., CONF|RMAT|ON,
APPROVAL, DENTAL OR REQUEST FOR CLARTFTCATTON OR MORE TNFORMATTON) TO
THIS REQUEST FOR CONFTRMATTON OR APPROVAL tN WR|TTNG WTTHTN FTFTEEN (15)
DAYS, YOUR CONFIRMATION OR APPROVAL SHALL BE DEEMED GIVEN" and City fails to
provide a substantive response to such request for confirmation or Approval within such final
fifteen (15) day period. Any Transfer shall be subject to the deemed Approval provisions set
forth above in this subparagraph E.6, provided, however, that the City Commission shall have
sixty (60) days after receipt of written notice from Lessee of any proposed Transfer to a Foreign
lnstrumentality (other than a member country of the European Union or the Gulf Cooperation
Council, each as existing on the Effective Date, Canada, Mexico, countries located in South
America, Japan, South Korea, Singapore and Australia or Persons Controlled by any of the
foregoing countries), to approve or disapprove of such proposed Transfer, and if the City has
not notified Lessee, in writing, of the City Commission's approval of such Transfer within such
sixty (60) day period, then such Transfer shall be deemed approved.
7. lf the City notifies Lessee, in writing, within such forty-five (45)-day period,
that the information submitted is, on a commercially reasonable basis, incomplete or insufficient
(and specifies in what ways it is incomplete or insufficient), then Lessee shall supplement such
599
information, on a commercially reasonable basis, and the City Manager (or City Commission,
with respect to Transfers to Foreign lnstrumentalities requiring City Commission approval) shall
have twenty (20) days after such supplemental information is provided to make its
determination whether the proposed transferee meets the Acceptable Owner Criteria or to
Approve a Transfer that is not a Permitted Transfer.
8. lf the City Manager does not confirm that the proposed transferee does
not meet the Acceptable Owner Criteria or disapproves a Transfer that is not a Permitted
Transfer, the City Manager shall provide to Lessee specific written, commercially reasonable
reasons for such action. The failure to object to the proposed transferee or Transfer within either
of the two time periods set forth above shall be deemed to be the confirmation by the City of the
proposed transferee as an Acceptable Owner or Approval of the proposed Transfer, except with
respect to a proposed Transfer to a Foreign lnstrumentality (other than a member country of the
European Union or the Gulf Cooperation Council, each as existing on the Effective Date,
Canada, Mexico, countries located in South America, Japan, South Korea, Singapore and
Australia or Persons Controlled by any of the foregoing countries), which the City Commission
must expressly approve in writing, as provided above, in order for such Transfer to be effective.
9. Any entity approved as an Acceptable Owner must meet the Acceptable
Owner Criteria set forth in subparagraphs A.1., A.3. and A.4. above throughout its service as an
Acceptable Owner hereunder, subject to notice and cure rights as provided in the Lease.
10. No confirmation by the City of a proposed transferee as an Acceptable
Owner or its meeting of the Acceptable Owner Criteria shall have the effect of waiving or
estopping the City from later claiming that said Acceptable Owner is no longer operating or
maintaining the Hotel Project according to the terms of this Lease.
F. lnterpretation:
1. All acts and omissions as well as rights and duties shall be done in a
commercially reasonable manner, unless the standard of "sole discretion" is used.
2. The implied covenant of good faith and fair dealing under Florida law is
expressly adopted.
600
EXHIBIT "B"
HOTEL STANDARDS DEFINITION
The Lessee shall operate the Hotel, or cause for the Hotel to be operated, so that (with
the requirements in paragraphs A, B and C being the "Hotel Standards"):
A. it meets a sufficient number of the standards then required to be able to obtain a
four-diamond rating from the American Automobile Association 1"puqA"); or
B. if at any time during the Term of this Lease either such rating system is
discontinued or the standards for such rating system is materially changed, the Parties shall
mutually and reasonably agree to substitute an alternate rating system that is most nearly
equivalent to the discontinued or changed rating system.
C. Notwithstanding the foregoing, Lessee shall be deemed to have satisfied the
Hotel Standards as long as it is operating the Hotel Project (or causing the Hotel Project to be
operated) in a manner substantially similar to the operation of the following convention center
hotels as of the Effective Date: Hilton Americas-Houston, Hilton Orlando, Marriott Marquis
Washington DC, San Francisco Marriott Marquis, Hyatt Regency Orlando, Hyatt Regency
Denver at the Colorado Convention Center, The Westin Charlotte, and the Sheraton Chicago
Hotel and Towers and the Loews Miami Beach or any convention center hotel of a similar size
and purpose as the Hotel operated by an Approved Brand.
The Lessee does not have to actually obtain the AAA four-diamond or equivalent rating.
But, it must be able to meet the standards for obtaining it.
lf the Lessee elects, in its sole discretion, not to obtain that rating, the City shall have the
right once every thirty-six (36) months to require the Lessee to retain a hotel consultant
proficient in the AvAA Diamond ratings and with at least ten (10) years' experience in the hotel
industry to produce a report within sixty (60) days of the City's request that states the Hotel does
or does not meet the Hotel Standards.
The City has the right to accept or reject the report. lf it rejects the report, the City shall
retain its own hotel consultant proficient in the A/AA Diamond ratings who shall also have at
least ten (10) years'experience in the hotel industry. That consultant shall produce a report at
any time explaining in commercially reasonable detail why the report by the Lessee's hotel
consultant is or is not correct.
After the City's hotel consultant's report is delivered to the Lessee, the City and Lessee
shall not take any formal action for thirty (30) days. They may elect to discuss or mediate the
matter during that period of thirty (30) days.
At the end of that period of time, if the City does not agree that the Hotel is being
operated in accordance with the Hotel Standards, then the matter may be resolved in
accordance with Section 7.8, using a mediator with substantial experience in the hotel industry.
ln the event of a determination that the Hotel Standards are not being met, Lessee shall
have six (6) months within which to take the necessary action to cause the Hotel to be operated
in accordance with the Hotel Standards.
601
EXHIBIT ''C"
BUDGETED IMPROVEMENT COSTS
Hotel Project Costs
Soft Costs
Design Architect
Landscape Architect
Other Architectural
Traffic Engineer
Civil Engineer
Misc. Consultants
Legal and Administrative
Real Estate Taxes
Developers Fee
Building Permits
lnsurance - Builders Risk
Pre- Opening Expense
Working capital
SewerMater Hook Up
Art in Public Places
Other
Soft Cost Contingency
Total Soft Cost
Financing
Loan/Equity fees
Construction Period lnterest
Operating lnterest Reserve
Construction Costs
Construction Cost Hotel
Skybridge
Construction Contingency
Payment & Performance Bonds
FF&E
OS&E
Total Construction Cost
Total Project Costs
$ t 3,551 ,938$ lncluded Above
$ lncluded Above
$ lncluded Above
$ lncluded Above
$ 1,033,500$ 1,ooo,ooo
$ 4,193,084
$ 22,424,772
$ 11,120,197
$ 3,545,741
$ 6,680,000$ Soo,ooo$ 85,ooo
$ 3,643,386
$ 1,282,702
$ 20,272,520
$ 49,632,940
$ 11,344,436
$ 9,256,783
$ 11,503,442
$ 32,104,661
$
$
$
$
$
$
235,980,136
1,900,000
lncluded Above
2,094,913
24,683,024
19.264.725
$ 243,712,798
$ 405,450,398
602
EXHIBlT "D"
LEGAL DESCRIPTION OF HOTEL SITE
(see next two (2) pages)
603
qa(Il/\lqsns JoN
:I;
t-
I
-z€t -
4zQ -.
--is-.
_L
.09 8rc 1.92,99.ros
(@trcq&xlvraoWvl@@)
SAIUq UAJ,NSs NOITNSANOJ
csol^l(sns IoN
q;:r
!;: t;9EaH:ii t)
I sl
IHEI
lr" Ilt
l,tle
, hB
Eo
A
El
@
F
z
I
I
a,':?a
db
=@
a
E
6
?9E:itt
'@o
E
ts-rz :
E:- l"
z,
EE iI
-,r-.-t__4__-, f zo
"F-(L
E.o(n
IIJo
LLo
IoF
lrJYa
=t
!a
I
6
6
3it
-3'S
lP ci
5z
8':'6i I
eE3-iBrBrHrc r.ig
6.6
::"6E
896! / /
. 9 <<
ri 9X..r :3,eitFik iE3-scu.8E-iE E;;
ii:i;isEEE EE I':ei;iE1li; ;s !F
;EE!:E5XI! ;i :E
E;.EIiRi9: !E ;iX9EEEiSE;: :E ;r
4'RU:3?5rA e. b16,262..*i<<a ^i 43
i::iiiEIE;,i;iE
igEEiEEi'EE;;:i
i;:iEi;Eii;gcti,
iiiEiii;iiEiESEli
g;EiiiEEilii il ;ei;IiHiE?I:igEiP I1 Ei6
5Ea.E;F!::al El*ir: cl
giEiEiiE;i; i e;;c ii E Hl
ll
I
2?
gEi EgE:
oTiEEBiFEE
uJlol---- 9liis"'"'
I
!&
93
il3. ?;1 I ;'I 9a: H oii rEH i 3;E tEg i .;r .:d ; !x: 5E; ; ;iF $ar E 6Ei E:; r ;
3t "',;! ! E:i Eq; ; ::? E;: E E6i 9.1 . a
si EE: Er;;! ElS 3lEBg -Bi; :iEu+ us[ 9ei
;:i iE; iE;
i EEIi*E gEIg
1;:[ $!Xg s] xE: iae irEE Ee Ei
;EiAEilEI:iE
IoF
tJJY
U)zotr
(_)o-)
--.-t
BE I
Fo,E
EA
Ee
92EE
EH
6
a9
;3
\2
t6
rH
E1
-!
EatFilZ6
zotrcn
C)at!o
J
(,
ul)
atrb.,:littE,
H d.E
=@ d
^oHN6
b "-No66-&
,:l
I .:
,.'1,
,,,1,i1,
ll
=l
-+ i--t,
:ge9f;l
ll,rnl.5<331
rczffi.@@ <
lll'l|.1t-tst
E-t"t'
9
E € J!
I 2-
-J- Ei{ l.l\-/ F:<!t, r rc!!!Er
s6i-= rE>E!;ft<: o!
- JJ1!31' )=
604
Note re: Legal Description on Prior Page: lf approved as part of the regulatory Design
Review Boardidevelopment process, the cantilevered elements on the north property
line, depicted in Appendix E of the Lease with respect to the 4th Level of the proposed
Hotel, will be included within the legal description for the Leased Property.
605
EXHIBIT "E"
APPROVED PLANS
(see attached pages)
606
#
###
LU
.=s
-Cx
LU
607
E
a
c
c
It
!
a
'l
I
I
,ol3la,d,O3lzt&,?
o'a
Ho
uErsl
-6oo3*
I
(-
--?,
I
t
o
q
I
I
I
Iq
,
I
I
Iq
I
I
I
I0I
I
d
j'
t--7t
{
I
-!
I
I
L-
q'
l/
I,o
o.-L-'
LU
.=s
xLU
U
UIooouB
a1Ouaa0
*ta-ar-aa-aa-aa-aa-ar-ra-rr-la
608
o
6r
(Jo
@E
o&
LU
:s
x
LU
609
a'
I
t
I
I
I
I
t
t
!
t
I
I
I
t..
,.I
)^-
I-r-
I
-l-
,I9'
I
{
I
t
I
BRIOGE AEOVE 4'
I
te----
lr
rla,F,(,z.:,L'\ t!
.r )r
rt t
rl I
rt I
/t I
rrt
I t'
I a'
I t'
I
I
I
I
i1
t
It,
trlr
I
I
t
!i
I
I
Ilrilt\
I
I
I
ii
I
I
irrt
I
t
I
\-1\A\\5t. t€ ,''...8'
a!Jta<\a4\
a
LU
Es
x
LU
610
LU
.=s
x
LU
611
J
Iz
o
1u
=
o
=o.oEoZF
lrJ.tg
=
./\'\#
I
I
I
dl:I(
og
FU
UJ
;E
J
(,
=
So
=
o
ot
BRIDGE BETOW q'
LU
.=s
x
IJ.I
612
It I I rt: I l - | l - a l I a a l l a l a l I a l - a r t r ! r I t rl r I at tl t:t tI I t - t I I r a I a a I l r i t I I I t - r a - a f - I t - t, a \
T
I
I
I
I
I
I
; ,/i
ei /' /i.
I
I
BRIDGE BELCW
$r {tr\ i'\*.m iffijI
I
UJ
oEU
ct,
Ir
LU
.=
-o
x
LU
i./-r. l r r r r t r r a -r r - r a-r ar ! r r t r - tr - r, - /l - r r -a a - a r - a
613
BRIDGE BEI,OW
LU
.=s
x
tJJ
614
I
t
I
I
I
ERIDGE BEIOW .
I
I
I
I
I
I
I
II
I'-----LU \1.
.=
€.Cx
LU
tta-a,
-r a-rl-r arr a-..rlr - aa -. a
t-------J
615
BRIOGE EELOW '
l
I
I
ILU
.=
-o
-Cx
LU
a-------J
tta-ar-aa-rt-rrrrtrat-aa-raraa
616
LU
.=s
-Cx
LU
617
- --.--.+-ts
N@61-QF
LU
.=
-o
x
LU
gANOO!Oa-ONFO
618
o
J
EoscGFOONiNNNNtJJ)r1)
LU
.=
€.CxLU
09ONFO o@
J)JJ
t-l
619
';ti
lrJ
.=s
x
LU
'--r1- *"r-r--t--f -',i " "t*"t
620
"-.r
arrr
.il
:S
,lEdhMr*!ljr 'w$r:l}
;iifl t::::I],W
LU
=-o
-Cx
LU
621
nl trr
ffillt
-f,ilt
ft[U;'{,, fI,"1id
'$
ll
rt
.t
LU
.=
-o
l-x
LU
:;Ifl
622
-IIIIIITIETMIKI
liar SMEffiH[ffi6
}IS BI&eIsr,iE
}}:s 11t',* r;,i.rk
rri'i &i..,I awt?h
LI6
r"r,.
I TT;IIIILltt' lhf r
-- -rLrI T"II nr.n
[ilf,il$M&M.
. Ir
- - -4 =!.= =-= !p= !-F !r= !F= !!'=
--I-'
; I ! r r - ? ll I r r r r r r r !l r
--
_-_i.
'"qt l:tf ithtr tifilrffi Sttrffir f,ilrtrf lnfi trX Lf EF. a*,.JL .dhr db {L itL 4L 1> 1 tinin[ffi,"..r tz ii f= fE f= i= fE a= a r@BI[.
- Ir-_li Gr_ =L= lsD *r a= L- L= r.l'----'',J: I X I M [ il.N T I I I T I ! I
'
I'N ttri.ti? q[-tr' !ild,ffi lGf,*k [6x,G r&]*r l[!-t tlrp Ff.
,J>4>."5l.,-jL,J-jL.,>J-J'TII!EEITIIIII!I-' 6 B[.& "1.5*
mr;e nlnrk U*Itu [.& !!.I, g.A-
:-- ir- --= E-i E-- --- --- !r- r-*n n-rr lM-]ffi {st--{s M!*m. w*tr 80t-.t] ts,-.q l,L$ xe..
I a * I ,s & I -t 4 -r ITT UI U. UT T T U J D0F-7r': rr--
i;;..' 9., i ir-.:i '* .'r -o: I I *.'; --..'i...i - .".1 $'lr..l S'. ri- l-ti ,'
i -.;itil''1..--.V li -- 1".': ii.- ;--- :": l l?.- '^-'.]-.'*;-:1=,/'\'..'.t -- _ % ; , r. , r i
I :- - .-:- --'J ..i, ; r:1 '-' -'- ! - i
! l*: {: }:iE"t-,-.-l-=j' l. .t* -' . 'ii:." -r .-] 'i'
ffi mrm kimiiln.sr rill.rrmri
ki t* fi;h 6:t eL-.lM r{&
fs. {r,
LU
.ts
x
LU
623
"' li '' ii 't.." 1
tt tr tt
* q
llF G. _, r.rrl..-.i -
"
-t-rtr-'amrfi-rrr-
5t"}.-1- ..' -4 . ;-.*{.'..:..!'-i>,.
i-:: :_.;-.'i ? *q -$ H.\ 'o -- - =:
,J t
I i =*,,.11*: : 5j";:! -:ii;',1t,,*
,: -,:" -1 rl t .--a:: '..-]: r3J,, .:.-1;/ *\ 1; I e=::i-:ls] s\ lrt.1-:*1.t"'1ili
i :..-it ri i,:\-.-...---,\.'-'1--;. 1.I Il.1 'il;..1'll i;:r ',,r"'l]frii )l["'liiii fiii." s]. . \ L ': ar ril,:.| n,,'*.":i n. L, - --v*-B,'m-*tt--!a rr F8, !E?s.. err!&. {rr& rrlt" rrr. rE FL' r r [! !(!M"rr !l;r lLr 3F ar 3rL r rf: fr[ rrF(f il0u" llhtl- rr rr rr\ Lr l.r f f nrtr l.::. I l",I I I I.;I -47 .a7 -<.P -!tr 'ltrtr --r '-a7
-fl rl r3 rn" grry. rf, ra rE rE Fg.r I I I f : Il,;llrlI l I I I I f f I
- I fr Ir[, Itfftrit" :pr trr fr frN. I;I I:I l ]tr I I I I I I I I I IL <r, qrl'r qlrr .rrp {qtr t7
-, -2 -xt ?5 ts& rys ryl,ni 5.li" sr g5 ** G
-r.
T.; I I I NT T IIfT I I I I 3 I I I
--_]T:ir-+--r-------E---I
- I ?D G-- -rE -F tr Jrat a',] t]j I tf=* Mrrt-IIIIi!IIIEI
-----. rlt lLtD rhlD +tt rtlF rklF -E- -,
ra :
fl I3 5X Sm SX.S3 ;f Fr rS F' r: I lIlil 3rlril.f tI lI lI I I* I }F E& I.E I.' }F I.E }iE I.Er l- I.IrIlrl liltl trr:r,trrr.Il trI IIL.N 1l' I t n ti ffi,r *t ; n r r r r riElrl -t
llrF tE fErE -c
lba Lt lr, t
--
rt It,[n.tI] Ir II II I- r
r I,l Ins, ryr5 ryrs Ilrs ryI3 I,j r.Ii I,t:IITITIf,f,TTIII:III
l- I }f, Irla lra'3: :rf, iI aD -rIL. I 'I :TT ;S ruT X} I'} I':I I'TNt.ItIonn, :lfrrtrtrIl r-,
-F
E= rtlt tF Ih- t.G
-t
lt
.Fs *r^
)
,
ti.i'
I
:
{'
\h
LU
.tss
-CX
LU
624
f
A,d$
IT
!.t,d:
t:
.\'"\:
LU
.=s
-Cx
LU
f:r{i' flilr( $i
625
il
ll
i
','t
I
', I
I
I
L
{s,{
a
$.:.,
+-iq,.
r{
.qri{l
'{j
t
,-_!
*', {ff l8 '/l'qffi
,u,f-g"i" ',":.:-
b kt ,."' r* i*' :-*. - ...' * r i
g t t "" '-:.I j, ,r, '.' '-.''ir ;
F J t' ..t t::,,,
* -, p* *-t '"]j U
l, " .;r ; ii : ii f,it.] :* ":, ts-f S,$: :;* " *,_,.F-IFi.il#,$;trr;
*r.i,:fiu#;ry
i
{1'1
*
{l
fis
trt
{1
d.
f,l.l
TI1t
I
$
$
t
I\t
i
#.
h
xrffi'--
.:
LU]
-Cx
LU
626
-,-:;{1),, =*l }*, il" pr. { 7 p {' !
*.e.b4" ?t }y;E{H**&ft
LU
.=s
-Cx
LU
627
[]fi"k
#qw
#F3
,*
rlr\#t
{1
-d
n,,\
LU
.E
€
-Cx
LU
628
rosfls*d\
ffi Ftct&m&fl| lqs
fr. , .^--
{f ,lllr::r.lrr L
*,"r r,r'lr,l I I
r-dlH.r:l
t*fe fdq 0rf/ r" /
Ef , . t
:i;
TG
rl
{1LU
.t
€
.Cx
LIJ
'i3H'm, f' [' f i f I
fl.q#S,ry/w;t**&ir t:..ls t'',+##*ffl'-5 L-E t-t
. -a===t= *-=== ! =- I
, -- .^{ -"- A-.4-.. l \(,} a lF. eD F-- ..ttL..
A \aEf,l r,-\ b 'tJ, i i.q ';: ,/ '
?- E-.-,li{i- qt-- i -,-':-l-,fi.5.$)1't\'6.Z I :>:t ----- -1^. ln f.i"<ildi;eu};'i,i ,
-1.
tfr P-!,-if ' .{..$1^la&#d},;,'Ll l1,r t6L1! ll^ rTl,i .
; -r\)T,t S_A-- '_
-'-<\.'vle(.F2., t-i
E=rr:--. (r$ffi: '.'5.1143 f l!'.r,. ---'l - 4 -$
-l--irE-EiE-rrr-- 6--
t
629
Usr#G'
$!!lF
&
aal
F
!b{
630
\ffi,f.rr lu
LU
.=s
-Cx
LU
631
r.l :
i,-,rr"
LU
.=s
-Cx
IJ-J
632
EXHIBIT "F"
SCHEDULE OF PERFORMANCE
(See next page)
633
=o
=.@oo
O59etii96-?to
=f(3.
o=cLo
o+o
e.
!
o
(D
I
q
g
oI
i
q
E
=
f
q
E
E a
5
;
2
6
1 f;
g
a
3 ).
I
P
P
a
Z
x
:1
6',
I
!i
F
6'
FqIl
3
ats'
BiE $Iq
s
l
G,
*!
r
l
3
9
i
I
l
q
!
!I
F
a a
tr
9
i
q.
2
q
o
T
a
5
i-
tn
R
f,
5'
f
3l
ag
3
e
E
a!
d
33
B
g
r
r
3i.
I
2
a
-
3;
a
oIai
o
=
3
8
3
!
3
I
F
I
L{
*
II
I
3r
=1
t
T
HII
3
fI
R
nI
r
R
(l
?
634
EXHIBIT ''G"
FORM OF EASEMENTS
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT (this "Easement") is made this _
day of ,20-, by the CITY OF MIAMI BEACH, a Florida municipal corporation (the
"City"), having its principal place of business at 1700 Convention Center Drive, Miami Beach,
Florida 33139 in favor of Portman Miami Beach, LLC, a Delaware limited liability company
(,.Lessee,,),havingitsprincipalplaceofbusinessat.
WHEREAS, the City owns that certain property situated, lying and being in Miami-
Dade County, Florida, as more particularly described in Exhibit "A" attached hereto (the
"Property");
WHEREAS, the City and the Lessee entered into that certain Development and Ground
LeaseAgreementdatedaSof--,2o-,amemorandumofwhichisrecordedin
officialRecordsBook-,atPageofthePublicRecordsofMiami-Dade
County (the "Development and Ground Lease Agreement"), which constitutes a development
agreement pursuant to the Florida Local Government Development Act, Section 163.3220, el.
seq., Florida Statutes (the "Act") and which contemplates the development and ground lease of
the portion of the Property depicted in Exhibit "B" (the "Leased Property") for an 800-room full-
service convention hotel and related facilities, to be connected to the Miami Beach Convention
Center located at 1901 Convention Center Drive, Miami Beach, Florida ("Convention Center") by
an enclosed overhead pedestrian skybridge (the "Hotel Project");
WHEREAS, pursuant to the Development and Ground Lease Agreement, the City has
agreed to grant to the Lessee a non-exclusive access easement for the purpose of ingress and
egress through, over, on, upon and across the right-of-way which is more particularly described
in Exhibit "C" attached hereto ("Easement Parcel 1") for the purpose of permitting Lessee to
access the Leased Property including, without limitalion, its parking, loading docks and/or
service areas, and reserving unto City and its contractors, agents, employees, invitees and
licensees (collectively, the "City Parties") the right to ingress and egress through, over, on, upon
and across the Easement Parcel 1 for all purposes, including but not limited to providing
pedestrian and vehicular access to the Convention Center and The Fillmore Theater located at
1700 Washington Avenue, Miami Beach, Florida ("Fillmore Theater"), and their respective
loading docks and service areas;
WHEREAS, pursuant to the Development and Ground Lease Agreement, the City has
agreed to grant to the Lessee a non-exclusive access easement over the area more fully
described in Exhibit "D" hereto ("Easement Parcel 2"), for the purpose of permitting Lessee to
construct the Skybridge and the Off-Site lmprovements, as those terms are more particularly
described in the Development and Ground Lease Agreement, and to maintain the Skybridge in
accordance with the Development and Ground Lease Agreement; and
WHEREAS, collectively, Easement Parcel 1 and Easement Parcel 2 shall be referred to
herein as the "Easement Parcels";
635
WHEREAS, granting the foregoing easements is a condition of the effectiveness of the
Development and Ground Lease Agreement and the issuance of development permits and
approvals in order to develop the Hotel Project;
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($1O.OO1 and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the City and Lessee agree as follows:
1. The City hereby grants to the Lessee a non-exclusive access easement
through, over, on, upon and across Easement Parcel 1 for the purpose of ingress and egress
to and from the Leased Property and its parking, loading docks and/or service areas, for so
long as Lessee uses the Leased Property in accordance with the terms of the Development
and Ground Lease Agreement. The City hereby expressly reserves for itself, the other City
Parties and their respective successors and/or assigns, the unrestricted right to use Easement
Parcel 1 for purposes of providing pedestrian and vehicular access to the Convention Center
and the Fillmore Theater, and their respective loading docks and service areas and for any and
all other purposes that do not unreasonably interfere with the Lessee's use of Easement Parcel
1 for the rights granted herein, including but not limited to granting other easements or licenses
at the same location. The City shall be responsible for the maintenance and operation of
Easement Parcel 1 at the City's sole cost and expense.
2. The City hereby grants Lessee a non-exclusive access easement over, on,
under, upon, and across Easement Parcel 2 to perform all acts necessary to ensure fulfillment
of all requirements of [insert permit or order no.] with respect to the construction of the
Skybridge and/or Off-Site lmprovements referenced in the Development and Ground Lease
Agreement and as reasonably necessary to maintain the Skybridge in accordance with
Lessee's obligations under the Development and Ground Lease Agreement. The City hereby
expressly reserves for itself, the other City Parties and their respective successors and/or
assigns, the unrestricted right to use the Easement Parcel 2 for any and all other purposes that
do not unreasonably interfere with the Lessee's use of Easement Parcel 2 for the rights
granted herein, including but not limited to granting other easements or licenses at the same
location.
3. The Easement Parcels are subject to all liens, encumbrances, covenants,
conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of
way pertaining to the Prope(y, whether or not of record, as identified on Exhibit "E" hereto (the
"Encumbrances"). The use of the word "grant" shall not imply any warranty on the part of the
City with respect to the Easement Parcels.
4. The Lessee shall maintain insurance on the Easement Parcels at all times as
required by the Development and Ground Lease Agreement. Such insurance policy shall
name the City as an additional insured and loss payee (with respect to property coverage)
thereunder; shall be written by insurance companies licensed to do business in Florida and
with an AM Best rating of A- or better; and must specify it is not subject to cancellation or non-
renewal without a minimum of 30 days notification by the insurer to the City with a copy to the
attention of Risk Manager, 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Risk
Manager"), with a minimum of 10 days notification by the insurer to the City and the City's Risk
Manager prior to cancellation or non-renewal for non-payment of premium. The Lessee shall
provide the City with a certificate of insurance evidencing said coverages.
636
5. City covenants, warrants and represents that it is the fee simple owner of the
Leased Property and Easement Parcels, and has the right, title, and capacity to grant the
easements granted herein, subject only to the Encumbrances.
6. Lessee shall not materially interfere with the use by and operation and activities
of City Parties on the Easement Parcels, and Lessee shall use such routes and follow such
procedures on the Easement Parcels as result in the least damage and inconvenience to City
and its invitees, agents, employees, guests, lessees and/or licensees.
7. Lessee shall be responsible for any damage to the Property or any property of
third parties resulting from the exercise or use of the Easement Parcels by the Lessee or its
contractors, agents, officers, members, employees, invitees or licensees (collectively, the
"Lessee Parties"), including but not limited to soil erosion, subsidence or damage resulting
therefrom. Lessee shall promptly repair and restore to its original condition any of the Property
that may be altered, damaged or destroyed in connection with the exercise or use of the
Easement Parcels by the Lessee Parties. This Easement is made on the express condition
that City is to be free from all liability by reason of injury or death to persons or injury to
property from whatever cause arising out of any of the Lessee Parties' exercise or use of the
Easement Parcels, including any liability for injury or death to the person or property of any of
the Lessee Parties or to any property under the control or custody of any of the Lessee Parties.
Lessee hereby covenants and agrees to defend and indemnify the City Parties and save them
harmless from any and all liability, loss, costs, or obligations on account of, or arising out of,
any such injury or losses caused or claimed to be caused by the exercise or use of the
Easement Parcels by the Lessee Parties, however occurring, except to the extent caused
solely by the willful or grossly negligent acts or omissions of City or the City Parties.
8. This Easement shall inure to the benefit of and be binding upon the heirs, legal
representatives, successors and assigns of the City and Lessee, as applicable.
9. Lessee alone shall pay any and all taxes, charges or use fee(s) levied by any
governmental agency against Lessee's interest in the Easement Parcels. Lessee shall not
cause liens of any kind to be placed against the Easement Parcels or any of the Property
except in connection with a Leasehold Mortgage.
10. Any notices required or permitted to be given under this Easement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by recognized
overnight courier (such as Federal Express) or mailed by certified or registered mail, return
receipt requested, in a postage prepaid envelope, and addressed as follows:
lf to the City at:City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attn: City Manager, City Attorney
With a copy to:
lf to Lessee at:
637
clo
Attn:
With a copy to:
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed given five
(5) days after deposit in the U.S. mails. The terms of this Section shall survive the termination
of this Easement.
11. Construction.
a. This Easement shall be construed and governed in accordance with the laws of
the State of Florida. All of the parties to this Easement have participated fully in the negotiation
and preparation hereof; and, accordingly, this Easement shall not be more strictly construed
against any one of the parties hereto.
b. ln construing this Easement, the use of any gender shall include every other and
all genders, and captions and section and paragraph headings shall be disregarded.
c. All of the exhibits attached to this Easement are incorporated in, and made a part
of, this Easement.
d. The recitals to this Easement set forth above are true and correct and are
incorporated herein by this reference.
e. The dominant estate is intended to be appurtenant to the Development and
Ground Lease Agreement and is co-terminus with the Lessee's rights thereunder.
12. Severabilitv. ln the event any term or provision of this Easement be determined
by appropriate judicial authority to be illegal or othenvise invalid, such provision shall be given
its nearest legal meaning or construed as deleted as such authority determines, and the
remainder of this Easement shall be construed to be in full force and effect.
13. Time of Essence. Time shall be of the essence for each and every provision
hereof.
14. Entire Aoreement. This Easement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with respect to
the subject matter hereof, and there are no other agreements, representations or warranties
other than as set forth herein. This Easement may not be changed, altered or modified except
by an instrument in writing signed by the party against whom enforcement of such change
would be sought.
638
lN WITNESS WHEREOF, the undersigned has caused this Easement to be executed
by execution of this instrument as of this day of , 201_.
(Signature pages to follow)
639
Witnesses:
Sign Name:
Print Name:
CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation
Mayor
By:
Sign Name:
Print Name:
ATTEST:
City Clerk
STATE OF FLORIDA
COUNTY OF DADE
SS:
The foregoing instrument was acknowledged before me this _ day of20- by , as of. He is personally known to me or has produced
as identification and who did (did not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
640
ACKNOWLEDGED AND ACCEPTED this _ day of _,20_by
Witnesses:LESSEE
Sign Name:
Print Name:
Print name:
Sign Name:
Print Name:
STATE OF FLORIDA
COUNTY OF DADE
By:
SS:
The foregoing instrument was acknowledged before me this _ day of_, 20- by , as of
He is personally known to me or has produced
as identification and who did (did not) take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
641
Exhibit "A"
IMBCC Parcel - Folio No. 02-3227-000-00901
642
Exhibit "B"
Hotel Site Legal Description
[See Exhibit D to Development and Ground Lease Agreement]
643
Exhibit "C"
Easement Parcel 1 (Right-of-way)
[exact description to be finalized as part of the development process pursuant to the Lease]
644
Exhibit "D"
Easement Parcel 2 for
Construction of Skybridge and Off-site lmprovements and Maintenance of Skybridge
[exact description to be finalized as part of the development process pursuant to the Lease]
645
EXHIBIT "H''
PRESENTLY PERMITTED DEVELOPMENT
(a) Permitted Development and Uses. The Leased Property is in the CCC
Civic and Convention Center District, a zoning district created to accommodate the facilities
necessary to support the Convention Center. The main permitted uses in the CCC Civic and
Convention Center District are parking lots, garages, performing arts and culturalfacilities; hotel;
merchandise mart; commercial or office development; landscape open space; parks. Property
located in the CCC Civic and Convention Center District may be used for the purposes
permitted and regulated in these land use designations and zoning districts, as further limited by
the City's Land Development Regulations, provided, however, that the Leased Property may
only be used in accordance with the terms and conditions of this Lease.
(b) Densitv. Buildinq Heiqhts, Setbacks and lntensities. The maximum
density, heights, setbacks and intensities for any development on the Leased Property shall be
regulated by the City's Land Development Regulations, Comprehensive Plan and any
Governmental Requirements. The development regulations in the CCC Civic and Convention
Center District are as follows: (1) maximum floor area ratio of 2.75. There are no lot area, lot
width, population densities or unit size requirements for the CCC Civic and Convention Center
District. Building height and story requirements are as follows: (1) Maximum building height for
hotels: 300 feet; for all other uses: 100 feet. (2) Maximum number of stories for hotels: 30; for all
other uses: 11 stories. The development regulations (setbacks, floor area ratio, signs, parking,
etc.) shall be the average of the requirements contained in the surrounding zoning districts as
determined by the City's Planning and Zoning Director.
THIS EXHIBIT DESCRIBES THE PRESENTLY PERMITTED DEVELOPMENT
PURPOSES OF THE ACT ONLY. THE PROJECT SHALL CONFORM TO
DESCRIPTION, TERMS AND CONDITIONS SET FORTH IN THIS LEASE.
FOR
THE
646
EXH|BlT "l"
PUBLIC FACILITIES
The proposed development will be serviced by those roadway transportation facilities
currently in existence as provided by state, county, and local roadways. The proposed
development will also be serviced by public transportation facilities currently in existence, as
provided by Miami-Dade County, the City of Miami Beach, and such other governmental
entities as may presently operate public transportation services within the City of Miami Beach.
Sanitary sewer, solid waste, drainage, and potable water services for the proposed
development shall be those services currently in existence and owned or operated by Miami-
Dade County, the Miami-Dade County Water and Sewer Department, and the City of Miami
Beach. The proposed development shall be serviced by those existing educational facilities
owned or operated by the Miami-Dade Public Schools District, if applicable. The proposed
development shall be serviced by those existing parks and recreational facilities owned or
operated by the United States Government within Miami- Dade County, by the State of Florida,
by Miami-Dade County, and by the City of Miami Beach. The proposed development shall be
serviced by those existing health systems and facilities operated by the United States
Government within Miami-Dade County, by the State of Florida, by Miami-Dade County, and
by the City of Miami Beach.
The proposed development will also be serviced by any and all public facilities, as such
are defined in Section 163.3221(12) of the Act, that are described in the Comprehensive Plan,
specifically including those facilities described in the lnfrastructure Element and the Capital
lmprovements Element therein, a copy of which is available for public inspection in the offices
of the City Clerk of the City of Miami Beach.
647
EXHIBIT "J"
PUBLIC RESERVATIONS AND DEDICATIONS
None, except for any easements or reservations contemplated under Section 4.1(g).
648
EXHIBIT "K''
REQUIRED DEVELOPMENT PERMITS AND VARIANCES
The following constitutes a generalized list of local permits anticipated as necessary to
be approved by the terms of this Lease:
1. Design Review Board, Planning Board, and/or Board of Adjustment approvals,
pursuant to Chapter 118 of the City of Miami Beach Code.
2. Utility Permits
3. Demolition Permits
4. Building Permits
5. Environmental Permits
6. Hazardous Materials Removal Permit, if removal of hazardous materials is found
necessary.
7. Public Works Permit, Paving and Drainage
8. Public Works Permit, Water and Sewer
9. Public Works Revocable Permits
10. Certificates of Use and/or Occupancy
11. Any variances or waivers that may be required pursuant to Chapters 114
through 142 of the City of Miami Beach Code
12. All other local governmental approvals as may be applicable to the subject
property from time to time pursuant to the terms of this Development Agreement,
including but not limited to restrictive covenants in lieu of unity of title
649
EXHIBIT "L"
ROOM BLOCK AGREEMENT
by and between
CITY OF MIAMI BEACH, FLORIDA
and
PORTMAN MIAM! BEACH, LLC
650
TABLE OF CONTENTS
1.01
7.O2
1.03
1.04
1.05
1.06
t.o7
1.08
1.09
1.10
7.71
1.72
1.13
t.t4
1.15
1.16
1.17
1.18
1.19
L.20
L.2t
L.22
L.23
L.24
1.25
L.26
L.27
L.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
t.4t
t.42
1.43
1.44
1.45
t.46
1.47
2.0t
2.02
CovrveruceurNT oF THE TERM............. ...........5
ExprRATroN or Trnu; Susprrustol PERroD........... ..................5
651
ARTICLE lll ROOM BLOCK COMMITMENT; RETEASE OF BTOCK .................. 6
3.01 RooM BLocK.. .........................6
3.02 RELEASE oF BLocK ..................11
ART|CLE tV ROOM BLOCK PRTCTNG ...................13
ARTICTE V STANDARDS OF HOTET OPERATION. ....................15
5.01
4.07
4.02
4.03
9.O2
9.03
9.04
STANDARDS OF CENTER OPERATION ...............15
ARTICIE Vll NO LlABltlTY FOR PROPOSED CONVENTION CENTER CUSTOMER; LESSEE RESPONSIBIIITY TO CAUSE
OPERATOR TO PERFORM; INDEMNIW .............15
7.0L
ARTTCLE Vit EVENTS OF DEFAUTT .....................17
8.01
652
ROOM BLOCK AGREEMENT
THIS ROOM BLOCK AGREEMENT ("Aqreement") made and entered into as of the
-dayof-,201-(the..EffectiveDate,')byandbetweencityofMiamiBeach,
Florida ("Citv"), a Florida municipal corporation, and Portman Miami Beach, LLC ("Lessee"), a
Delaware limited liability company, recites and provides as follows.
RECITALS
The City has a material interest in maximizing the quality and performance of convention
business attracted to the Convention Center, as hereinafter defined in Section 1.12, and
encouraging convention and tourism business in the City.
ln furtherance of those goals, and to facilitate the development of a full service
convention center hotel connected to the Convention Center, the City has entered into the
Development and Ground Lease Agreement ("Lease"), as hereinafter defined in Section 1.14,
with Lessee, under which the parties have agreed, among other things, to enter into a room
block agreement pursuant to which specific percentages of the Hotel's guest rooms will be
reserved for specific periods of time for attendees, participants and planners of conventions and
trade shows at the Convention Center. City and Lessee agree that the room block agreement
described in the Lease (and, accordingly, this Agreement) constitutes a contract for the
provision of services by Lessee to and for the benefit of City, which services are being provided
in exchange for the covenants and agreements of City set forth in the Lease.
City and Lessee intend that this Agreement satisfy such room block agreement
requirement in the Lease.
Lessee has or will execute and enter into a Management Agreement (as hereinafter
defined) with the lnitial Hotel Operator pursuant to which, among other things, Lessee shall
require, and the lnitial Hotel Operator must agree, to perform the obligations assigned to Lessee
and/or Operator herein during the term of such Management Agreement and to othenivise
operate the Hotel in a manner which complies with this Agreement.
ln consideration of the mutual covenants and agreements herein contained and other
good and valuable consideration, the receipt and legal sufficiency of which are hereby
acknowledged and confessed by the parties hereto, City and Lessee hereby covenant and
agree with each other as follows:
ARTICLE I
DEFINED TERMS
ln this Agreement, these terms shall have the following meanings:
1.01 "18-Month Room Block Request" is defined in Section 3.01(c).
1.02 "Active Negotiations" means (x) for purposes of Section 3.01(b), that Lessee or
Operator, on the one hand, and a bona fide potential Hotel guest, on the other hand, have
exchanged written correspondence between them that reflects an indication of mutual interest
for consummating a transaction whereby such Hotel contracts to block or books guest rooms at
the Hotel, and neither Lessee or Operator, on the one hand, nor such bona fide potential Hotel
guest on the other hand, has indicated that it no longer has any interest in pursuing such
negotiations and (y) for purposes of Section 3.02(b), that the GMCVB or the City or its
representatives, on the one hand, and a Potential Convention Center Customer, on the other
hand, have exchanged written correspondence between them that reflects an indication of
653
mutual interest for consummating a City-Wide Event and neither the GMCVB or the City, on the
one hand, nor such Potential Convention Center Customer, on the other hand, has indicated
that it no longer has any interest in pursuing such negotiations.
1.03 "Agreement" is defined in this Agreement's preamble.
1 .04 "Amended Offer" is defined in Section 3.01(d).
1.05 "Available Guest Rooms" means, as of any date in question, all of the Hotel's
guest rooms (including suites), excluding any guest rooms that are reasonably projected to be
unavailable on the dates in question due to scheduled renovations, repairs (including, without
limitation, repairs due to events of casualty that have occurred), or maintenance, and excluding
any of the Hotel's guest rooms that have been condemned in a taking and as to which physical
possession is projected to have been taken by the condemnor prior to the date in question.
1 .06 "Block Notice" is defined in Section 3.01(d).
1.07 "Block Release Request Notice" is defined in Section 3.02(d).
1.08 "Business Day" means a day other than a Saturday, a Sunday or a day on which
national banks in Miami-Dade County, Florida are closed for business. lf any action is required
to be performed, or if any notice, consent or other communication is given, on a day that is not a
Business Day, such performance shall be deemed to be required, and such notice, consent or
other communication shall be deemed to be given, on the first Business Day following such non-
Business Day. Unless othenrise specified herein, all references herein to a "day" or "days" shall
refer to calendar days and not Business Days.
1.09 "City" means the City of Miami Beach, Florida, a municipal corporation of the
State of Florida.
1.10 "City Manager" means the Chief Administrative Officer of the City. The City
Manager shall be construed to include any duly authorized representatives designated in writing
with respect to any specific matte(s) concerning the Room Block Agreement (exclusive of those
authorizations reserved to the City Commission or regulatory or administrative bodies having
jurisdiction over any matte(s) related to the Lease).
1.11 "City-Wide Event" means a convention, trade show or other event requiring a
three (3) night stay, during which a Potential Convention Center Customer (i) needs to use a
minimum of 115,000 gross square feet of exhibit or meeting space in the Convention Center
and (ii) in connection with such event, requests 1,500 or more guest rooms be made available in
hotels in the City (including the Hotel) and surrounding metropolitan areas, in the aggregate, for
one or more days while the event is held at the Convention Center (and, potentially, the day
preceding the commencement of such event and the day following the conclusion of such
event). A City-Wide Event shall also include the annual Orange Bowl football game hosted by
the Orange Bowl Committee, and any Super Bowl football game that may take place in Miami-
Dade County or Broward County (without regard to whether either event utilizes the Convention
Center in any way).
1.12 "Convention Center" means the Miami Beach Convention Center located at 1900
Convention Center Drive, Miami Beach, Florida.
654
1.13 "Cure Period" is defined in Section 2.02(b).
1.14 "Development and Ground Lease Agreement" or "Lease" means that certain
DevelopmentandGroundLeaseAgreementbetweenLesseeandCitydated-,2015,
as may be amended from time to time in accordance with its terms.
1.15 "Effective Date" is defined in this Agreement's preamble.
1.16 "Event Block Minimum Rate" means the lowest rate City may require the Lessee
and Operator to quote or charge a Potential Convention Center Customer for a room during a
City-Wide Event, as described and determined in accordance with Section 4.01.
1.17 "Event of Default" is defined in Section 8.01.
1.18 "Event Night" means any night during a City-Wide Event (including the day
preceding the commencement of and the day following the conclusion of such event, as
contemplated in the definition thereof) for which (i) City has exercised its rights under Section
3.01(a) by giving a Room Block Request Notice to the Operator and (ii) in response to such
Room Block Request Notice, 250 or more rooms have been booked, blocked or reserved by the
Operator either (i) pursuant to a contract with the Potential Convention Center Customer or (ii)
pursuant to lnitial Offers or Amended Offers that have been accepted or are still outstanding
(and, if such contracts are terminated or any of such offers are subsequently terminated or
rejected, then any of the blocked rooms that were subject thereto shall no longer be considered
blocked for purposes of this definition). lf rooms are blocked under this Agreement for multiple
City-Wide Events on the same night, that night will be considered to be a single Event Night for
purposes of the Maximum Event Night Ceiling but in no event shall any night during a City-Wide
Event be considered an Event Night for purposes of the Maximum Event Night Ceiling if City
has not given a Room Block Request Notice for that night to the Operator.
1.19 "Event Room Block" means a block of guest rooms (including suites) at the Hotel,
, offered to or reserved for the attendees of a City-Wide Event in response to a Room Block
Request Notice.
1.20 "Force Majeure" means and includes causes without fault and beyond the control
of a party, whether or not foreseeable, including, without limitation, fire, explosion, accident,
flood, windstorm, earthquake, or other disaster or calamity, disruption of utility service;
restrictive new governmental laws or regulations; acts of war (whether declared or undeclared),
invasion, blockade, or sabotage; terrorism or threat thereof; riot, civil disturbance, insurrection or
acts of public enemies; and strike, lockout or other labor action and inability to procure
materials; provided that neither a material disruption of or material adverse change in financial,
banking or capital market conditions or a material adverse change in the business, financial
condition, operations, assets, liabilities or prospects of either party shall excuse any failure or
delay in performance under this Agreement.
1.21 "GMCVB" means the Greater Miami Convention & Visitors Bureau.
1.22 "Hotel" means the hotel to be constructed by Lessee on the Hotel Site pursuant
to the Lease, together with all supporting hotel facilities and amenities.
1.23 "Hotel Site" means the parcel of real property described on Exhibit A attached
hereto and made part hereof.
655
1 .24 "lnitial Offe/' is defined in Section 3.01(b).
1.25 "Managed Hotels" means full-service, convention center hotels within the United
States of America operated as first-class hotels containing no less than 800 rentable guest
rooms operated under the Operator's brand name and managed by the Operator or any entity
controlled by, under common control with or that controls Operator, specifically excluding
franchised hotels.
1.26 "Management Agreement" means the hotel operating or management
agreement between Lessee and the Operator that exists from time to time, as it may be
amended or replaced from time to time.
1.27 "Maximum Event Night Ceiling" means the maximum number of Event Nights in
any calendar month during which Lessee or Operator shall be obligated to provide Event Room
Blocks pursuant to this Agreement. The Maximum Event Night Ceiling is fourteen (14) Event
Nights per calendar month.
1.28 "Maximum Event Room Block" means eighty percent (80%) of all of the Hotel's
Available Guest Rooms.
1.29 "Midweek" means Sunday through Thursday, inclusive.
1.30 "Notice" or "notice" means each and every communication, request, reply, or
advice required or permitted to be given, made or accepted by any party to this Agreement to
any other party to this Agreement, each of which shall be given in writing, and deemed received
by the intended recipient, in accordance with Section 9.04.
1.31 "Offer,Expiration Date" is defined in Section 3.01(e).
1.32 "Opening" means the opening of the Hotel to the public for business.
1.33 "Operator" means the entity responsible for overseeing the day to day
management of the Hotel. The initial Operator (sometimes herein called the "lnitial Hotel
Operato/') of the Hotel is , d _corporation.
1.34 "Lessee" means the entity defined as "Lessee" in this Agreement's preamble and
each subsequent Lessee of all or any part of the Hotel Site. An entity shall be deemed to be the
"Lessee" hereunder only during the term of its leasehold of the Hotel Site.
1.35 "Potential Convention Center Customer" means a person, entity, group or
association (or any combination thereof) that is planning a City-Wide Event.
1.36 "Public Records Act" is defined in Section 4.04.
1.37 "Rate Quote" is defined in Section 3.01(b).
1.38 lntentionallyOmitted.
1.39 "Room Block Contract" is defined in Section 3.01(f).
1.40 "Room Block Request Notice" is defined in Section 3.01(a).
656
1.41 "Sales Representative" is defined in Section 3.01(a).
1.42 "Special Event Block Minimum Rate" means, for up to six (6) City-Wide Events
per year as determined by City at its sole discretion, the lowest rate City may require the Lessee
and Operator to quote or charge a Potential Convention Center Customer for a room for such
City-Wide Events, as described and determined in accordance with Section 4.01.
1.43 "Standard of Operation" is defined in Section 6.01.
1.44 "Standard of Operation Failure Notice" is defined in Section 2.02(a)(ii).
1.45 "Suspension Period" is defined in Section 2.02(a).
1.46 "Term" is defined in Section 2.01.
1.47 "Weekend" means Friday and Saturday.
ARTICLE I!
TERM OF THIS AGREEMENT
2.01 Commencement of the Term. The term of this Agreement (the "Term") shall
commence on the Effective Date.
2.02 Expiration of Term; Suspension Period.
(a) The Term shall continue until the earlier to occur of:
(i) the date upon which the Convention Center is no longer
designated by the City as the City's principal convention center;
(ii) the date upon which the Convention Center is no longer operated
and maintained substantially consistent with the Standard of Operation; provided, that, no
expiration of the Term pursuant to this Section 2.02(aXii) shall be deemed to have occurred
unless and until (1) Lessee has provided to City written notice (the "Standard of Operation
Failure Notice") of any alleged failure by City to operate and maintain the Convention Center in
a manner substantially consistent with the Standard of Operation, which notice (to be effective
as such) must state with reasonable specificity the reasons why Lessee believes that the
Convention Center is no longer being operated or maintained substantially consistent with the
Standard of Operation (e.9., if Lessee believes the Convention Center is not being maintained in
substantial accordance with the Standard of Operation, Lessee's notice shall describe the
deficiencies in maintenance with reasonable specificity), and (2) City has failed to remedy such
failure within two hundred seventy (270) days following receipt of such Standard of Operation
Failure Notice (such 270-day cure period to be extended for delays resulting from Force
Majeure and, if the nature of the failure is such that the same cannot reasonably be expected to
be cured within said 270-day period, such 270-day period shall be extended such period of time
as is reasonably necessary to effect such cure so long as City commences the cure promptly
and uses commercially reasonable, diligent efforts to complete such cure as soon as reasonably
practicable; the 270-day cure period, as the same may be extended as provided for in this
clause, is herein called the "Cure Period"). Notwithstanding the foregoing, City shall have the
right to contest Lessee's determination that the Convention Center is not being operated or
maintained substantially in accordance with the Standard of Operation by giving Lessee notice
657
of such contest within thirty (30) days following receipt of the Standard of Operation Failure
Notice. lf City elects to contest Lessee's determination, then the commencement of the Cure
Period shall be delayed until the date of determination by a court of competent jurisdiction that
the Convention Center was not being operated and maintained substantially consistent with the
Standard of Operation; or
(ii) the termination of this Agreement pursuant to Section 8.01 of the
Lease.
ARTICLE III
ROOM BLOCK COMMITMENT: RELEASE OF BLOCK
3.01 Room Block. During the Term, City may from time to time require the Operator
to offer an Event Room Block to Potential Convention Center Customers in connection with a
City-Wide Event in accordance with, and subject to the limitations set forth in, this Agreement.
Notwithstanding anything herein to the contrary, City shall not have the right to require the
Operator to offer an Event Room Block to Potential Convention Center Customers if (a) the
number of Event Nights requested in the Room Block Request Notice for such Event Room
Block would cause the Maximum Event Night Ceiling to be exceeded, or (b) the total number of
rooms requested to be blocked in such Room Block Request Notice on any Event Night
exceeds the number of rooms Operator is required to offer to block pursuant to Section
3.01(bXi). Subject to the limitations set forth in the preceding sentence and elsewhere in this
Article lll, the right to require that the Operator so offer the Event Room Block will be exercised
in accordance with the following procedures:
(a) A management, sales or booking representative of City or, if authorized
by City, the GMCVB (the "Sales Representative"), will notify the Operator that a Potential
Convention Center Customer is seeking offers from local hotels to accommodate, among other
needs, the guest room needs of the Potential Convention Center Customer for a City-Wide
Event (the "Room Block Request Notice"). The Room Block Request Notice will (i) identify the
Potential Convention Center Hotel Customer, (ii) if the same is generally available to City, set
forth a documented history of the group's room block events for the most recent three year
period including a comparison of the number of rooms blocked and the actual number of rooms
actually used, (iii) specify each specific date for which the Potential Convention Center
Customer will require blocks of guest rooms (including those dates commonly known as "move
in" and "move out" dates), and (iv) specify the number of guest rooms in the Hotel the Potential
Convention Center Customer is seeking to block on each of the specific dates. Notwithstanding
the provisions of Section 9.04 or the definition of "Notice" set forth above, the Room Block
Request Notice will be communicated to the Operator in the same manner as such notifications
are customarily communicated by the Sales Representative to other hotels in the City.
However, a copy of all Notices required or permitted to be provided by the Sales Representative
or City under this Article lll shall be delivered to Lessee, and such notices to Operator shall not
be effective unless and until a copy of such notices are delivered to Lessee.
(b) Unless such deadline is extended in writing by the Sales Representative,
within five (5) Business Days after Operator's receipt of a Room Block Request Notice for a
City-Wide Event that is no sooner than thirty (30) months from the date of such notice (or, if
applicable by the operation of Section 3.01(c) below, eighteen (18) months from receipt of such
notice), the Operator will deliver to the Potential Convention Center Hotel Customer (with a copy
658
to the Sales Representative and City) an initial written offer in response to the Room Block
Request Notice (the "lnitial Offe/'). ln the lnitial Offer the Operator will
(i) offer to the Potential Convention Center Customer to block, on
each specific date that the Potential Convention Center Customer requires a block of guest
rooms as specified in the Room Block Request Notice, the lesser of (A) the actual number of the
guest rooms in the Room Block Request Notice for each specific date, or (B) the Maximum
Event Room Block after deducting from the Maximum Event Room Block the following:
1. any previously offered room blocks under this Agreement
for other City-Wide Events covering such dates, which offers have either been accepted or are
still outstanding;
2. any guest rooms released by City pursuant to Section
3.01(i) or Section 3.02 and that have actually been booked by Operator or are the subject of
Active Negotiations. lf such guest rooms are the subject of Active Negotiations, then at the
request of City Lessee and Operator shall (x) attempt to cause such proposed Hotel guest with
whom such Active Negotiations are being held to select other dates for the use thereof that
would permit Operator to accommodate the room block set forth in the Room Block Request
Notice or (y) require that Operator accelerate negotiations with such potential Hotel guest by
requiring such potential Hotel guest to execute a contract to block or book such rooms that are
the subject of such Active Negotiations within the fifteen (15) Business Days following City's
request to Operator under this clause (y), failing which, for purposes hereof, such rooms shall
no longer be considered under Active Negotiations; and
3. in the case where the Maximum Event Night Ceiling for
such month to which such block relates had previously been reached but, due to subsequent
cancelations of bookings there remain, as of the date of request for the lnitial Offer, available
Event Nights for such month, then less the number of rooms booked, blocked or reserved by
Operator (i.e., rooms that were booked or reserved, or were offered by Operator to be booked,
blocked or reserved under offers that have either been accepted or are still outstanding)
following the date such Maximum Event Ceiling Night had been reached and prior to such
cancelations3, and
(ii) quote a specific room rate for a standard single and double room
and suites (the "Rate Quote"). ln making the Rate Quote, the Operator will take into account
seasonality (i.e., using group event guest room rates received in a calendar month as the basis
for quotes for the same month in subsequent calendar years), Midweek versus Weekend rates,
and special events that occur regularly during the applicable period); provided, that, the Rate
Quote shall not take into account non-recurring special events that occur in a particular month
' The following is an example of the intended operation of this clause (3). Assume that on
January 1,2020, the Maximum Event Night Ceiling was achieved for the month of January
2024. Then assume that, in accordance with its right to do so pursuant to Section 3.01(l),
during the month of January 2020 the Operator books 200 room nights for the month of January
2024. Then assume that a block for 400 rooms booked for January 2024 and that comprised
part of the Maximum Event Night Ceiling was canceled on February 1, 2020. Then assume that
a Room Block Request is delivered on March 1, 2020 for a block in January 2024. The 200
rooms booked by Operator in January 2O2O would be deducted from the calculation of the
Maximum Event Room Block under clause (3).
659
which inflate group event room rates (such as Super Bowls, NCAA Men's or Women's
basketball tournaments, Major League Baseball playoffs and similar sporting or entertainment
events). ln addition, rates for groups whose stay consists of both Midweek and Weekend days
shall be determined in accordance with Operator's booking policies described in Section 3.01(f).
The amount of the Rate Quote in the lnitial Offer will be at the sole, but good faith, discretion of
the Operator.
(c) Notwithstanding anything to the contrary set forth in Section 3.01(b) or
any other provision of this Agreement to the contrary:
(i) the Operator shall offer the Maximum Event Room Block to a
Potential Convention Center Customer for a City-Wide Event that will commence between
eighteen (18) and thirty (30) months from the date of such notice (a "18-Month Room Block
Request"), and Operator shall be obligated to issue an lnitial Offer (and othenrvise perform its
obligations hereunder) for such a City-Wide Event only if the number of rooms requested in
such 18-Month Room Block Request are available as of the date of receipt of such Room Block
Request Notice (i.e., rooms that (x) have not been booked, blocked, or reserved, y) are not the
subject of active negotiations regarding same and (z) have not been previously offered by
Operator to be booked, blocked or reserved under offers that have either been accepted or are
still outstanding) on the Event Nights for which rooms are requested in such Room Block
Request Notice; provided, however, that
(ii) the Operator shall designate one consecutive four (4) day period
each calendar month to be able to offer a Maximum Event Room Block to a Potential
Convention Center Customer for City-Wide Events commencing between eighteen (18) and
thirty (30) months of a potential Event Room Block. Operator shall determine the consecutive
four (4) day periods for each respective month during the applicable period and shall notify City
of the schedule on a monthly basis.
(d) The Rate Quote included by Operator in the lnitial Offer shall be
determined in Operator's sole, but good faith, discretion, and in determining such rate, Operator
shall be entitled to take into account, among other considerations, the level of food and
beverage services that the Operator anticipates the Potential Convention Center Customer will
purchase in the Hotel. After reviewing the lnitial Offer, the Sales Representative may consult
with the Operator regarding the Rate Quote contained in the lnitial Offer. lf prior to acceptance
of the lnitial Offer (or any amendment thereto voluntarily offered by the Operator to the Potential
Convention Center Customer), City reasonably and in good faith believes that it might be in
City's or the City's best interest to compel the Lessee to offer the Potential Convention Center
Customer an alternative rate structure, City may, after consultation with the Operator and within
thirty (30) days following receipt of the lnitial Offer, elect to require (which election shall be
communicated by Notice from City to the Operator) the Operator to offer to the Potential
Convention Center Customer a rate lower than the rate in the lnitial Offer, but in no event lower
than the Event Block Minimum Rate or, for up to six (6) City-Wide Events annually as
determined at the City's sole discretion, the Special Event Block Minimum Rate, as applicable
(such written election being the "Block Notice"). Upon receipt of the Block Notice, Operator
shall, within two (2) Business Days thereafter, amend the lnitial Offer by substituting the rate
specified by City, which shall be no lower than the Event Block Minimum Rate, as the Rate
Quote (the "Amended Offer").
(e) Subject to the remaining provisions of this Section 3.01(e), the lnitial Offer
or the Amended Offer (if applicable) shall remain open for acceptance by the Potential
660
Convention Customer until the sixtieth (60th) day following the date of the lnitial Offer or
Amended Offer, as the case may be; provided, that in the case of an lnitial Offer or Amended
Offer given in response to a 18-Month Room Block Request, then Operator may at any time
provide the Potential Convention Center Customer with written notice (the "Acceleration Notice")
that such lnitial Offer or Amended Offer will expire on the fifteenth (1sth) Business Day following
the date of such Acceleration Notice unless the Potential Convention Center Customer executes
and returns the Room Block Contract to the Operator. lf such customer fails to execute and
return the Room Block Contract within such fifteen (1S)-Business Day period, the offer shall
expire, and the Operator shall have no further obligation to City or the Potential Convention
Center Customer in regard to such City-Wide Event under the lnitial Offer or the Amended
Offer, as the case may be. The date of expiration of the lnitial Offer or Amended Offer, as the
case may be, determined pursuant to this Section 3.01(e) is herein referred to as the "Offer
Expiration Date".
(f) lf either the lnitial Offer or the Amended Offer is accepted by the Potential
Convention Center Customer prior to the Offer Expiration Date, Operator shall endeavor to
negotiate a binding contract with the Potential Convention Center Customer applying Operator's
customary booking policies to the Event Room Block (the "Room Block Contract"), including
policies relating to contracts, advance deposits and cancellation, provided that these policies
shall adhere in all material respects to the general customs employed by the Operator at its
Managed Hotels, if any. Lessee will use its good faith efforts to cause Operator to consider
changes to Operator's customary booking policies to the extent necessary to accommodate any
prevalent and material local booking customs or practices. lf a Potential Convention Center
Customer has not for any reason (other than Operator's breach of its obligations set forth in the
preceding sentence) signed a contract with the Operator with respect to such lnitial Offer or
Amended Offer, as the case may be, on or before the Offer Expiration Date, then such offer will
expire, whereupon the Lessee shall have no further obligation to City or the Potential
Convention Center Customer in regard to such City-Wide Event under the lnitial Offer or the
Amended Offer, as the case may be. However, if such offer expires at a time when there are
more than thirty (30) months (or, by the operation of Section 3.01(c), eighteen (18) months) prior
to the first Event Night of the Potential Convention Center Customer's City-Wide Event, nothing
in this Agreement shall prohibit City from issuing a new Room Block Request Notice for such
City-Wide Event in accordance with, and subject to the provisions of, this Section 3.01.
(g) lf a Potential Convention Center Customer signs a Room Block Contract
with the Operator but later provides written notice to the Operator that it is terminating such
contract, the Operator, after Notice to City from the Lessee or Operator, will have no further
obligation to City in regard to the Event Nights covered by the Room Block Request Notice
(which shall be deemed released from the obligations hereunder), but only if such written
termination notice is given by the Potential Convention Center Customer on a date less than
thirty (30) months before the first Event Nlght. lf such notice of termination is given on a date
more than thirty (30) months before the first Event Night, then, unless rooms are blocked under
this Agreement for such Event Nights for another City-Wide Event, the Event Nights covered by
the Room Block Request Notice for such City-Wide Event will not be included in calculating the
Maximum Event Night Ceiling, and City may again deliver a Room Block Request Notice in
accordance with, and subject to the limitations set forth in, this Section 3.01; provided, however,
Operator will have no obligation to cancel any bookings to accommodate such subsequent
request (for example, as provided in Section 3.01(l), once the Maximum Event Night Ceiling has
been reached the Operator is free to book rooms hereunder for such month and Operator shall
not be obligated to cancel any rooms reservations for such month to accommodate a
replacement block). City recognizes that the Lessee or Operator may be entitled to collect
661
cancellation fees from such Potential Convention Center Customer and City hereby consents
thereto and agrees that City shall have no right or claim to all or any portion of such fees except
as provided in the Lease. Similarly, the Lessee recognizes that City may be entitled to collect
cancellation fees from such Potential Convention Center Customer pursuant to the contract
between City and the Potential Convention Center Customer, if any, and the Lessee hereby
consents thereto and agrees that Lessee shall have no right or claim to all or any portion of
such fees.
(h) lf a Potential Convention Center Customer signs a Room Block Contract
with the Operator, then Operator will reserve rooms included in an Event Room Block for such
customer for purchase by the persons attending the applicable event until the later of (x) the
date required under the Room Block Contract executed with such Potential Convention Center
Customer and (y) the sixtieth (60th) day preceding the first scheduled day of the applicable
event, after which time any unbooked rooms shall be released from such Event Room Block
and may be rented for the dates covered by such Event Room Block at any rate to any person
Operator selects without restrictions imposed by this Agreement. lf within ninety (90) days prior
to the applicable event, the number of rooms actually booked is less than the number of rooms
blocked, then Operator may request City to release some or all unbooked rooms and City
agrees not to unreasonably withhold such consent. Furthermore, if the group history of the
Potential Convention Center Customer (whether in respect of events at the Convention Center
or elsewhere) reflects a pattern whereby the block of rooms reserved by such customer is
greater than the actual number of rooms used, then the Operator, with the consent of City
(which consent shall not unreasonably be withheld), shall have the right to block only such
number of rooms which Operator, in the exercise of its professional judgment and based on
such history of the customer, believes will be adequate to accommodate the number of rooms
which will be actually used by such customer; provided, that such decision of the Operator shall
not release or relieve Operator from providing other lodging (in accordance with industry
standard for handling overbookings) if the number of rooms so blocked by Operator actually is
not adequate to satisfy the actual use of rooms by the Potential Convention Center Customer
(up to the amount of rooms included in the Event Room Block pursuant to the contract between
Operator and such customer).
(i) Operator shall have the unrestricted right to commit up to twenty (2Oo/o) of
the Available Guest Rooms on any given date (and any other rooms that are not subject to
being blocked by City pursuant to this Agreement) to the Hotel's commercial or group guests. ln
addition, Operator shall have the unrestricted right to commit any and all rooms not subject to a
room block commitment pursuant to this Agreement for any date that is less than thirty (30)
months in advance; provided, however, if a l8-Month Room Block Request is delivered to
Operator, Operator shall issue an lnitial Offer with respect to such request only to the extent
required pursuant to Sections 3.01(cXi) and 3.01(cXii).
0) lf Operator has a potential booking that would not be permitted under the
terms of this Agreement, Operator may by notice to City (with a copy to Lessee) request that it
be entitled to make such booking. City shall have five (5) Business Days in which to respond to
such request by notice to the Operator; provided, that a failure to respond shall be deemed a
rejection of such request (but such deemed rejection shall not prevent Operator from making
multiple requests for such release).
(k) For the avoidance of doubt, the Operator shall have the right to freely
book all rooms within the Hotel on any day which the Convention Center cannot accommodate
a City-Wide Event because less than one hundred fifteen thousand (115,000) square feet of
662
meeting or exhibit space is available on such day for use by a Potential Convention Center
Customer (such determination to be made as of the time Operator makes or extends an offer to
make such booking).
(l) Once the Maximum Event Night Ceiling is reached for a month, the
Operator shall have the right to freely book the available rooms at the Hotel for that month,
regardless of when the booking is made (e.9., it may be more than thirty (30) months in
advance).
(m) Notwithstanding the foregoing, if a Potential Convention Center Customer
has (i) a documented history of causing material property damage or unusually heavy wear and
tear in connection with group events or (ii) poor credit or a questionable payment history, then
Operator shall have the right, at its option, to include in its lnitial Offer to such Potential
Convention Center Customer security, damage or other deposit requirements that, in Hotel
Lessee's judgment exercised in good faith, would compensate Operator and Lessee for the
damage, wear and tear or failure to pay (and, notwithstanding anything in Section 3.01(d) to the
contrary, but subject to resolution of any dispute described below, City shall not have the right to
require Operator to deliver an Amended Offer to such Potential Convention Center Customer
that does not include such security, damage or other deposit requirements); provided that (1)
Operator shall provide City notice that such Potential Convention Center Customer has a
documented history of causing material property damage, unusually heavy wear and tear, poor
credit or questionable payment history, as applicable, and also provide notice of its intention to
include such (and provide a statement of the amount of the proposed) security, damage or other
deposit requirements prior to issuance of such lnitial Offer and (2) in such notice Operator shall
set forth in reasonable detail the basis for the Operator's conclusions. City shall have the right
to reasonably challenge Lessee's conclusion that such Potential Convention Center Customer is
a customer described in clauses (i) or (ii) of the first sentence of this paragraph but, for the
avoidance of doubt, Operator shall be entitled to deliver an lnitial Offer with such additional
security, damage or other deposit requirements prior to receipt of notice of any such challenge,
and if the parties subsequently agree that such additional requirements are unnecessary, City
shall be entitled, if such lnitial Offer remains outstanding, to require Operator to issue an
amended lnitial Offer omitting such requirements. City shall, to the fullest extent permitted by
law, keep such conclusions confidential in accordance with Section 4.04. ln the event of any
such challenge by City, the parties agree to meet and confer and attempt in good faith to reach
agreement as to the additional deposit requirements will be placed on any offer given to such
customer.
3.02 Release of Block
(a) lf the Operator desires to commit a block of more than twenty percent
(20o/o) of the Available Guest Rooms to non-Potential Convention Center Customer business for
a date more than thirty (30) months in the future, the Operator can request by Notice to City (a
"Block Release Request Notice") that City release that block from this Agreement. Each Block
Release Request Notice shall specify the dates as to which such request applies and the
number of event night rooms to which such request applies. Within five (5) Business Days after
receipt of such request, City shall deliver written notice to Operator either (i) approving such
release of such requested block for such specific dates and rooms or (ii) disapproving such
release. City shall be entitled to make such determination in its sole discretion, subject to
Section 3.02(b) below; provided, that if the Block Release Request Notice describes a group
that is proposing to contract for regularly recurring events (including on a rotating basis with
other municipalities) at the Hotel and/or the Convention Center, City shall consider such request
663
for the release in light of the possible repeat nature of the proposed business. lf City fails to
either approve or disapprove such request in writing within such five (5) Business Day period,
then such request shall, except as set forth in the last two (2) sentences of Section 3.02(b), be
deemed denied (but such deemed denial shall not prevent Operator from making multiple
requests for such release).
(b) Notwithstanding the foregoing provisions of this paragraph, City shall
release the block requested in a Block Release Request Notice unless any of the following are
true:
(i) A Room Block Request Notice satisfying the requirements set
forth herein has been delivered that covers any of the dates reflected in the Block Release
Request Notice, unless any lnitial Offer or Amended Offer delivered by Operator in response
thereto has expired without the execution by the Potential Convention Center Customer of a
Room Block Contract with Operator or, if such a contract was executed, the same has been
terminated by the customer;
(ii) The GMCVB or the City is in Active Negotiations with a Potential
Convention Center Customer for a City-Wide Event that includes any of the dates covered by
the Block Release Request Notice; or
(iii) The dates covered by the Block Release Request Notice have
historically been booked in hotels in the City for a City-Wide Event and City reasonably
concludes that the release of the block in the Hotel will jeopardize booking of such City-Wide
Event.
(iv) City will provide Operator a list of known release dates on a
periodic basis (not less than semi-annual) identifying all future dates the Convention Center
cannot be utilized for City-wide Events due to maintenance, move in/out periods, or any other
reason ("Known Release Dates"). lf the City subsequently eliminates such dates from a
subsequent list of Known Release Dates, such date(s) shall be subject to all applicable
provisions of this Agreement, unless rooms have been booked, blocked or reserved by the
Operator pursuant to a contract with a hotel customer or group (and, if such contracts are
terminated, then any of the blocked rooms that were subject thereto shall no longer be
considered blocked for purposes herein).
Notwithstanding anything in Section 3.02(a) to the contrary, if City fails to either approve
or disapprove a request Block Release Request Notice within the five (5) Business Day period
described in Section 3.02(a), and Operator reasonably believes such release is required
pursuant to this Section 3.02(b), then Operator shall have the right to send a second written
notice to City (which second notice shall conspicuously include the following, in capital and bold
print letters: "SECOND NOTICE FOR RELEASE OF BLOCK UNDER SECTION 3.02(b) OF
ROOM BLOCK AGREEMENT; FAILURE TO RESPOND WITHIN FIVE BUSINESS DAYS
SHALL BE DEEMED APPROVAL OF THE REQUESTED RELEASE") requesting that it be
entitled to make such booking, setting forth in reasonable detail the reason such release
complies with Section 3.02(b). lf City fails to deliver to Operator written notice disapproving
such request within five (5) Business Days of receipt of such second notice, then City shall be
deemed to have approved such request.
(c) Operator shall, upon request by City following any release made pursuant
to this Section 3.02, use its good faith efforts to accommodate any Event Room Block
664
subsequently requested covering any of the dates for which a release has been provided by
City under this Section 3.02.
ARTICLE IV
ROOM BLOGK PRICING
4.01 Event Block Minimum Rates: Special Event Block Minimum Rates.
(a) The Event Block Minimum Rates and Special Event Block Minimum
Rates shall be as follows:
(i) The Event Block Minimum Rate shall be an amount equalto 105%
of the average group rate for the applicable period reflected in the Lessee's lnitial Projected
Event Block Rate Schedule or Lessee's Subsequent Projected Event Block Rate Schedule
(each as defined below), as applicable.
(ii) The Special Event Block Minimum Rate shall be an amount equal
to 100% of the average group rate for the applicable period reflected in the Lessee's lnitial
Projected Event Block Rate Schedule or Lessee's Subsequent Projected Event Block Rate
Schedule (each as defined below), as applicable.
(b) Concurrent with the execution hereof, Lessee has provided to City a
schedule of the projected Event Block Minimum Rate and Special Event Block Minimum Rate
for the first five (5) calendar years after the Opening (the "Lessee's lnitial Proiected Event Block
Rate Schedule"). The Lessee's lnitial Projected Event Block Rate Schedule shall include a
schedule for both Event Block Minimum Rates and Special Event Block Minimum Rates, and
will include varying rates for room type and for periods within each applicable calendar year to
account for seasonality and day of the week (e.9., Midweek, Weekend). The rates for each
such year included in Lessee's lnitial Projected Event Block Rate Schedule shall represent
Lessee's good faith forecast of the rates that will be included in the pro forma budget for the
operation of the Hotel for such year and are the projections and forecasts being used by Lessee
in making its decisions, and planning for, bookings in the operation of the Hotel and the conduct
of Lessee's business generally.
(c) By no later than January 1 of each year commencing after the date
hereof, Lessee shall provide City a schedule of the projected Event Block Minimum Rate and
Special Event Block Minimum Rate for the ensuing five (5) calendat yeat period (each such
schedule, an " "). The rates (x) for
the first twelve (12) months covered by the Lessee's Subsequent Projected Event Block Rate
Schedule shall be those setforth in the pro forma operating budget for the Hotel for such 12-
month period that has been approved by Lessee and Operator, and (y) for each other year
covered thereby shall represent Lessee's and Operator's then-current good faith forecast of the
rates that Lessee and Operator project will be included in the actual pro forma budget adopted
for the operation of the Hotel for such years and are the forecasts and projections being used by
Lessee in making its decisions, and planning for, bookings in the operation of the Hotel and the
conduct of Lessee's business generally. For each year, subsequent to January 1, Lessee may
deliverone (1) updated Lessee's Subsequent Projected Event Block Rate Schedule, which will
replace the Lessee's Subsequent Projected Event Block Rate Schedule previously delivered for
such year.
665
(d) Each of the Lessee's lnitial Projected Event Block Rate Schedule and
each Lessee's Subsequent Projected Rate Schedule shall, when delivered to City, be
accompanied by (i) reasonable evidence that the same has been approved by both Lessee and
Operator, and (ii) a certification from Lessee to City indicating that the Event Block Minimum
Rate and Special Event Block Minimum Rate for each year set forth therein represents (x) for
the first twelve (12) months covered thereby those set forth in the Lessee's pro forma operating
budget for such 12-month period that has been approved by Lessee and Operator, and (y) for
each other year covered thereby, Lessee's and Operator's good faith forecast of the rates that
Lessee and Operator project will be included in the actual pro forma budget adopted for the
operation of the Hotel for such year and are the forecasts and projections actually being used by
Lessee in making its decisions, and planning for, bookings in the operation of the Hotel and the
conduct of Lessee's business generally.
(e) The rates reflected in the Lessee's lnitial Projected Event Block Rate
Schedule and each of the Lessee's Subsequent Projected Event Block Rate Schedules, as
increased up to one hundred and five percent (105%) of such rates, shall be the "Event Block
Minimum Rate" for each of the five (5) years covered by, as applicable, the Lessee's lnitial
Projected Event Block Rate Schedule or the then current Lessee's Subsequent Projected Event
Block Rate Schedule. The rates reflected in the Lessee's lnitial Projected Event Block Rate
Schedule and each of the Lessee's Subsequent Projected Event Block Rate Schedules, at one
hundred percent (100%) of such rates, shall be the "Special Event Block Minimum Rate" for
each of the five (5) years covered by, as applicable, the Lessee's lnitial Projected Event Block
Rate Schedule or the then current Lessee's Subsequent Projected Event Block Rate Schedule.
(i) The parties recognize that the Event Block Minimum Rate and
Special Event Block Minimum Rate may change each year (but only once per year and then
only with the issuance of the Lessee's Subsequent Projected Event Block Rate Schedule), it
being understood that each Lessee's Subsequent Projected Event Block Rate Schedule (and
the rates reflected therein) shall supersede all previously issued Lessee's Subsequent Projected
Event Block Rate Schedules even though the same relate to the same years (the following is an
example of the "rolling" nature of the determination of the Event Block Minimum Rate: assume
thatthe Lessee issues, on December 1,202Q, an Lessee's Subsequent Projected Event Block
Rate Schedule. That schedule will cover the period commencing January 1, 2021 and ending
December 31,2025lthe "2021 Schedule"]. Then assume that on December 1,2021, Lessee
issues a Lessee's Subsequent Projected Event Block Rate Schedule. That schedule will cover
the period commencing January 1, 2022 and ending on December 31, 2026 lthe "2022
Schedule"l. The 2022 Schedule will, as to any Block Notice issued on or after January 1,2022,
supersede the 2021 Schedule and all prior schedules covering the years 2022,2023,2024 and
2025 and shall govern the determination of the Event Block Rate with respect to such Block
Notice).
(ii) lf a Block Notice is issued for a City-Wide Event where the first
Event Night will occur on a date in a calendar year that is not covered by the then current
Lessee's Subsequent Projected Event Block Rate Schedule (i.e., the date of such first Event
Night is beyond the five (5) year period covered by the then current Lessee's Subsequent
Projected Event Block Rate Schedule), the Event Block Rate reflected in the then current
Lessee's Subsequent Projected Event Block Rate Schedule shall be used but shall be adjusted
by an usual and customary industry inflation factor as reasonably agreed upon by Lessee,
Operator and City.
666
4.02 General Matters Regarding Rates. All rates described are for single rooms.
Double occupancy rooms may be quoted at a rate not greater than twenty percent (20o/o) above
the single room rates. Triple and quad occupancy rooms may be quoted at rates with an
increase of not greater than thirty percent (30%) above the single room rates. Suites may be
quoted with an increase above standard room rates consistent with market practice, as
reasonably determined by the Operator.
4.03 Confidentiality. Subject to its obligations under the Florida Public Records Act
(the "Public Records Act") in force in the State of Florida from time to time, City will not disclose
any lnitial Offer or Amended Offer, any information provided by Operator under Section 3.01(m)
or any information obtained pursuant to Section 4.01 to any person or entity other than (i) its
employees, accountants, counsel and other consultants who have a need to know such
information, (ii) the Lessee and its officers, directors, employees, accountants, counsel and
other consultants, (iii) the Lessee's existing and proposed lenders, (iv) Operator and its officers,
directors, employees, accountants, counsel and other consultants, (v) prospective purchasers of
the Hotel or (vi) in connection with any legal proceeding (or alternative dispute resolution
procedure) between City and Lessee and/or Operator, provided that City shall use reasonable
efforts to obtain confidential treatment of same. Neither Lessee nor Operator will disclose any
information provided by City to Lessee or Operator hereunder to any person or entity other than
(1) their respective affiliates, and the employees, accountants, counsel and other consultants of
Lessee, Operator and their respective affiliates who have a need to know such information and
their respective partners, members, shareholders, and other holders of direct or indirect
beneficial interests in Lessee or Operator, (2) the Lessee's existing and proposed lenders and
investors and any proposed replacement Operator, (3) prospective purchasers of the Hotel or
(a) in connection with any legal proceeding (or alternative dispute resolution procedure)
between City and Lessee and/or Operator, provided that Lessee and Operator shall use
reasonable efforts to obtain confidential treatment of same.
(a) Subject to City's obligations under the Public Records Act, City shall use
its good faith efforts to provide timely written notice to Lessee and Operator of any request
received by City pursuant to the Public Records Act requesting information held by City to which
Lessee or Operator may assert "confidential business information" or "trade secret" status under
the Public Records Act, all for the purpose of providing Lessee and Operator an opportunity to
seek to protect such information from disclosure by timely filing an appropriate action in a court
of competent jurisdiction seeking non-disclosure of the requested information.
ARTICLE V
STANDARDS OF HOTEL OPERATION
5.01 Standards. At all times during the term of this Agreement, the Lessee shall, to
the extent the Hotel is being operated (or, pursuant to the Lease, required to be operated),
cause the Operator to operate and manage the Hotel in accordance with the Management
Agreement and (to the extent the Hotel is required to be operated pursuant to the Lease) the
applicable provisions of the Lease. At all times when there is no Management Agreement,
Lessee shall, to the extent the Hotel is being operated, operate, or cause an Operator to
operate, the Hotel in a manner generally consistent with the general physical and service
standards applicable to other upscale convention center hotels and (to the extent the Hotel is
required to be operated pursuant to the Lease) in accordance with the applicable provisions of
the Lease.
667
ARTICLE VI
STANDARDS OF CENTER OPERATION
6.01. Standards. During the Term, City shall operate and maintain the Convention
Center to at least the standard of quality consistent with the principal convention centers
operated in Orlando, Atlanta, New Orleans, Dallas, Houston, Boston, Chicago, San Francisco,
San Diego and Los Angeles, as of the Effective Date (the "Standard of Operation").
ARTICLE VII
NO LIABILITY FOR PROPOSED CONVENTION CENTER GUSTOMER:
LESSEE RESPONSIBILITY TO CAUSE OPERATOR TO PERFORM: INDEMNITY
7.01 No Liabilitv to Citv. ln no event shall City be in any way responsible or liable for
the performance by any Potential Convention Center Customer of its obligations under its
contract with the Lessee or Operator or for any charges, liabilities or other sums owed by, or
liabilities of, such Potential Convention Center Customer (or for those for whom it blocks rooms)
to either Lessee or Operator.
7.02 Lessee and Operator Responsibilitv: Authoritv to Grant Consents and Make
Decisions. Lessee shall cause Operator to perform all of the covenants and agreements of the
Operator under this Agreement, and to cause the Operator to observe all of the covenants and
agreements of Operator hereunder, and by entering into a Management Agreement Operator
shall, notwithstanding any contrary provision of its Management Agreement, be directly
responsible to City for the performance of the Operator's obligations hereunder. Furthermore,
all actions, consents, decisions, elections, offers, and determinations made hereunder by the
Operator with respect to covenants and obligations of the Operator under this Agreement shall
be binding upon both Lessee and Operator for purposes of this Agreement. As of the Effective
Date, Lessee has delegated the performance of the obligations and rights assigned to the
Operator hereunder to the lnitial Hotel Operator under a Management Agreement (for so long
as the same remains in effect) and, upon its termination, shall delegate any or all of such
responsibilities hereunder to any subsequent Operator pursuant to a subsequent Management
Agreement, but no such delegation shall release or relieve Lessee from its obligation to perform,
or cause to be performed, all of its covenants and agreements set forth herein.
All consents, decisions, waivers, and determinations to be made or given hereunder by
City may be made and given by the City Manager (or any person designated from time to time
by the City Manager by Notice to Lessee and Operator) and no inference to the contrary shall
be made because the defined term "City" is used in some places in this Agreement and the
phrase "City Manager" is used in others.
7.03. lndemnification. The Lessee shall indemnify, defend and hold harmless the City
and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including attorney's fees and costs of defense, which the City or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the Room Block Agreement by the Lessee, Operator, or their respective
employees, agents, partners, principals or subcontractors. The Lessee shall pay all claims and
losses in connection therewith, and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the City, where applicable, including appellate proceedings,
668
and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The
above indemnification provisions shall survive the expiration or termination of this Agreement.
ARTICLE VIII
EVENTS OF DEFAULT
8.01 Default. A default under the terms of this Agreement shall occur if any party
hereto shall default in the performance of any of the terms, conditions or covenants contained in
this Agreement to be performed or observed by it, and such party does not remedy such default
within thirty (30) days after Notice or, if the default is of such character as to require more than
thirty (30) days to remedy, then if such party fails to commence to cure and correct the default
within said thirty (30) day period and thereafter prosecute such corrective action diligently and
without interruption and complete the cure thereof within ninety (90) days following the original
Notice of such default (an "Event of Default"). Notwithstanding the foregoing, the failure of
Lessee or Operator to comply with the provisions of Article lll hereof within the time frames set
forth therein shall, if not cured within three (3) Business Days following written notice from City
to Lessee and Operator, constitute an Event of Default by Lessee hereunder without the need of
any additional Notice and without any further opportunity to cure such Event of Default. All
Notices of default shall be provided to Lessee and to Operator and shall also be given to
Lessee's mortgagee (provided such mortgagee has provided Notice to City of its name and
address where Notices to it hereunder are to be sent).
8.02 Remedies. lf an Event of Default shall have occurred because of a breach of any
provision hereof by City, on the one hand, or Lessee on the other hand then the nondefaulting
party shall have the right, at any time after the occurrence of said Event of Default to (i) initiate
and thereafter prosecute an action in equity for the specific performance of any covenants or
obligations to be performed bythe defaulting party hereunder.(City shall also have the right to
seek and obtain an order of specific performance against the Operator so as to compel
Operator, in its capacity as such under the Management Agreement, to comply herewith) or (ii)
exercise such other rights as shall be available at law or in equity. ln no event, however, shall
this Agreement be terminated due to an Event of Default (provided that the foregoing shall not
limit the provisions of Section 2.02).
Each party acknowledges and agrees that its covenants, obligations and agreements set
forth in this Agreement are a material and fundamental inducement to the City in executing and
delivering the Lease and any other agreements referenced therein, such that actual damages
may not be an adequate remedy at law for the breach hereof by City, the Lessee or the
Operator. Accordingly, any party shall be entitled to seek relief mandating action by City, the
Lessee and/or Operator hereunder in accordance with this Agreement. ln addition, each party
recognizes and agrees that monetary damages could not be calculated to compensate the other
party for any breach by the defaulting party of the covenants and agreements contained in this
Agreement. Each party may restrain and enjoin any breach or threatened breach of any
covenant, duty or obligation of the other party contained in this Agreement without the necessity
of (i) posting a bond or other security, (ii) any showing of irreparable harm, balance of harms,
consideration of public interest or the inadequacy of monetary damages as a remedy, or (iii) that
the administration of an order for injunctive relief would be impracticable. ln the event of any
breach or threatened breach of any covenant, duty or obligation contained in this Agreement,
the party breaching (or threatening breach) stipulates and agrees that the balance of hardships
which weigh in favor of injunctive relief and that non-breaching party may seek and obtain
669
injunctive or other form of ancillary relief from a court of competent jurisdiction in order to
maintain the status quo and enforce the terms of this Agreement on an interim basis pending
the outcome of the dispute or controversy hereunder.
Lessee agrees to include in each Management Agreement a provision similar to the
foregoing whereby the Operator makes such agreements to Lessee with respect hereto and
specifically agrees that City shall have the right to specifically enforce against the Operator the
provisions of this Agreement.
8.03 Lessee's Reservation of Riqhts. Notwithstanding anything to the contrary contained
in this Agreement, this Agreement shall in no way limit Lessee's or Operator's rights and
remedies against a Potential Convention Center Customer resulting from such Potential
Convention Center Customer's default under a contract with Lessee or Operator.
ARTICLE IX
ADDITIONAL PROVISIONS
9.01 Exculpation. The liability of Lessee (and of any successor "Lessee") under this
Agreement shall be limited to its interest in the Hotel. City agrees that none of the Lessee's or
Operator's direct or indirect partners, members, managers, joint venturers, shareholders,
directors, officers, agents and employees shall have any personal liability with respect to, or
arising out of, this Agreement. ln no event shall any officer, director, agent, or consultant of
City, nor any employee or public official of the City, ever have any personal liability with respect
to or arising out of this Agreement.
Nothing within this Section 9.01 shall limit the right of any party to seek specific
performance of the terms and provisions of this Agreement as provided in Article Vlll.
9.02 Miscellaneous. lf any term of this Agreement or any application thereof shall be
invalid or unenforceable, the remainder of this Agreement and any other application of such
term shall not be affected thereby. This Agreement may be changed, waived, modified or
supplemented only by an instrument in writing signed by Lessee and City. The headings in this
Agreement are for purposes of reference only and shall not limit or define the meaning hereof.
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but all of which shall together constitute one and the same instrument.
9.03 Estoppel Certificate. Within ten (10) Business Days after request therefor by any
party hereto or by Operator or by the holder of any loan made to Lessee or Operator, the other
party(ies) and Operator shall execute and deliver to the requesting party a statement in writing
and reasonably satisfactory to the requesting party and directed to the requesting party (and, if
requested, to the holder of any loan made to Lessee or Operator) certifying to such factual
matters as may be reasonably requested by such requesting party, including without limitation
(if such be the case) that (a) this Agreement is unmodified and in full force and effect, (b) to the
certifying party's knowledge the requesting party is not in default hereunder or, if in default, the
nature thereof in reasonable detail, and (c) there are no defenses or offsets to the Agreement
claimed by the other party.
9.04 Notices. Each Notice to be provided or given hereunder must be in writing (in
some instances in this Agreement the words "written Notice" or "notice in writing" may be used
and in others simply the word "Notice" or "notice" may be used; no inference is to be drawn
therefrom as all Notices must be in writing) and must be delivered or provided in one of the
following methods: (a) certified mail, return receipt requested, postage pre-paid and addressed
670
to the party to whom such Notice is intended to be delivered; or (b) personal delivery to the
addressee by courier or other means of hand delivery. Notice delivered by certified mail
pursuant hereto shall be effectively given and received on the third (3'd) business day following
deposit of the same in the United States Mail, postage pre-paid, addressed properly to the party
to whom such notice intended. Notice by personal delivery shall be effectively given and
received upon acceptance thereof by the addressee as confirmed in writing by a receipt
executed by and retained by the party delivering such Notice.
to City:City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention:
with a copy to:City Attorney's Office
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
to the Lessee:
with a copy to:
to the Operator:
Any mortgagee, trustee or beneficiary under any mortgage or deed of trust on the Hotel
may by Notice to the parties set forth hereinabove designate an address to which Notices to it
hereunder shall be sent. Any such party may from time to time by Notice as herein provided,
designate a different address to which Notices to it shall be sent.
9.05 Transfer of Lessee's or Operator's lnterest.
(a) ln the event of the sale, assignment or transfer by Lessee of its fee
interest in the Hotel Site (other than a collateral assignment to secure a debt of Lessee) to a
successor in interest (who shall, upon acceptance of title to or an interest in the Hotel Site or
any part thereof, be deemed to have assumed the obligations of Lessee hereunder arising from
671
and after the date of such acceptance), the transferring Lessee shall be released or discharged
from all of its covenants and obligations hereunder, except such obligations as shall have
accrued prior to any such sale, assignment or transfer; and City agrees to look solely to such
successor in interest of Lessee for performance of such subsequently occurring obligations.
Notwithstanding the provisions of the preceding sentence, any successor Lessee hereunder
shall in all respects be obligated to honor any contract or agreement previously executed with a
Potential Convention Center Customer in accordance with its terms and shall be bound by any
outstanding lnitial Offers or Amended Offers, each Room Block Request Notice and the Event
Rate then in effect subject to and in accordance with the provisions of Article lll.
(b) ln the event that the Management Agreement with any Operator shall
expire or terminate for any reason then the Operator under such Management Agreement shall
be relieved from any obligations arising hereunder from and after the date upon which, as a
consequence thereof, such Operator is no longer operating the Hotel. Lessee shall be obligated
to secure the written consent and agreement of any replacement third-party Operator to comply
with all of the terms, provisions and conditions set forth herein; provided, that, a failure by the
Lessee to do so shall in no way release or relieve Lessee or any such third-party replacement
Operator from performing the obligations of the Lessee and Operator hereunder.
9.06 Superioritv of Aqreement: Covenant Runnino with the Hotel Site. The provisions
of this Agreement shall constitute a restrictive covenant running with the Hotel Site binding upon
each Lessee thereof, and any and all operators or managers of the improvements thereon, and
each and every other person or entity claiming or holding any interest in the Hotel Site, shall
inure to the benefit of the City, and shall apply to any hotel now or hereafter located on the Hotel
Site, or any portion thereof.
9.07 Gender: Sinqular and Plural. As used herein, the neuter gender includes the
feminine and masculine, the masculine includes the feminine and neuter, and the feminine
includes the masculine and neuter, and each includes a corporation, partnership or other legal
entity when the context so requires. The singular number includes the plural, and vice versa,
whenever the context so requires.
9.08 Nature and Extent of Aqreement. This Agreement contains the complete
agreement of the parties regarding the terms and conditions of the Agreement. There are no
oral or written conditions, terms, understandings or other agreements pertaining to the room
block arrangements which have not been incorporated herein.
9.09 Governino Law. This Agreement shall be governed as to performance,
interpretation and jurisdiction by the laws of the State of Florida, without regard to conflicts of
law rules. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall be in Miami-Dade County,
Florida.
9.10 Bindinq Effect. Subject to express provisions hereof to the contrary, this
Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, successors and assigns during the Term hereof. Furthermore, and
notwithstanding any provision hereof to the contrary, (a) the City is an express, intended, third
party beneficiary of the obligations, duties and covenants of the Lessee hereunder, (b) the City
has the right to enforce all of the covenants, obligations and agreements of the Lessee
hereunder, (c) City may at any time, without the need of prior notice to or consent from the
672
Lessee, assign this Agreement to the City or to any other entity designated by the City (provided
that no such assignment shall be effective against Lessee until Notice thereof is provided to
Lessee, and provided further that the City expressly assumes all of the obligations of City
hereunder and agrees to be bound by the terms and provisions of this Agreement) and (d) this
Agreement shall automatically be deemed assigned and transferred to the City upon any
dissolution of City (but only if the City expressly assumes all of the obligations of City arising
hereunder from and after the date of such assignment [and not attributable to a default by City
arising prior to the date of such assignment or transferl and agrees to be bound by the terms
and provisions of this Agreement). ln addition, the Operator shall be an express third party
beneficiary of the obligations, duties and covenants of City hereunder.
(signature pages to follow)
673
Each of the parties hereto have caused this Agreement to be duly executed by their laMully
authorized representatives effective as of the Effective Date.
Lessee:
Portman Miami Beach, LLC
By:
Name:
Title:
CITY OF MIAMI BEACH, FLORIDA
Philip Levine
Mayor
Approved for form and legal sufficiency
City Attorney
ATTEST
City Clerk
By:
By:
By:
674
EXHIBIT A
HOTEL SITE
See Exhibit D to Development and Ground Lease Aqreement
675
EXHIBIT "M"
OWNERSHIP INTERESTS IN LESSEE
Portman Holdings, LLC
676
EXHIBIT "N''
UNIFORM SYSTEM SUMMARY OF OPERATING STATEMENT
(See attached pages)
677
E
D
EEoE(1
c1o
o
o
C1o
oE
o
o
!.
3
a
9d
a
3
3
3J
I
E
x
a
E
il
t
a
3
3
x:.
I
:
e
3
e
x
g
z
3
q;
6.?
E-
d'-
=d
i6
?
-g
€
9
8.
c
9.
z
q
3
q
I
a
E
L
E.I
I
d{=dfq
!08 = it
*fi?= E
3
Ed
B E =98 9 E
P: iU !=-; 6! = &
g! P 5 F
;i' I
l6-A2
?!
ZE
I
I
gisg
P
=
e
a:.
cii<
:
Efr f; f; E E
I S8a= ha; s:" i
1i:; d
G T;
UI
x=
F
F,
?
9!a!:tl9
8838 E
6dlH $
!9
$
gq
;I
Xb
b9
N=-'S -6
ssss s
-6
P
s
pppsSHASH F
N
ssss s
&o
5+
FS
ia P ir
XFF* S
.{
6
!,
i{s
i!
r
s
.€
.o
I
9o
i^s
.ah
E9
ss
-aP-o9=:9
!'r
\s
S
s
Yl r
!!bLl 6tbbdbtua
sssss
\BBB 3
ssss s
.?5;{
6A
b9sx
ir
to
9
o
q
s
:-q-9 9
!ria!
aaeQa
6
o
bs
-9 -o? -T E 'u!sitt !.r
Llb\ q
ESg$ t
ssss s
qo
50
l:si;h
E
t
FS
iQPq5:ia .6E\H3 d
P
3S9S s
678
ssssseE e eeil!da assss s
P}
;;-
'Jb
oFxs
.';s x 3
i
I
Lb6tu asss.s s
-@
-6
J
NeeiBSssssss
t
!!La!
a
bblbl
=
o
6
s
!rloo Fl9lpo++-;b6il a tbb Q tQtbtu!6hSSSS SISS slslsSS>'S
-otu
H-n*r
69i{
3-*S !'
oi- l I
N
9
s
PP9d8
ese==
-@
il!bh essss s
a.uHS
FS
5qq: o
&33 $ G
ib6a 9ssss s
s
l-€
H$6A
Gin
q
o6rG i{i.
s
Ntubtub
r-3EN
LP
i9
t3s9
679
EXHIBIT "O"
TRANSACTION RENT
EXAMPLE OF TRANSACTION RENT CALCULATION
The example of Transaction Rent in this Exhibit "O" is for illustrative purposes only.
1. Assuming that, for the first Transfer for which Transaction Rent would be payable, (i) Owner #1
sells a 51% Controlling interest in the Lessee to Owner #2 for a gross sales price (less typical closing
adjustments and credits) of $250,000,000, then no Transaction Rent would be payable in connection with
this first Transfer, as the gross sales price did not exceed $290,000,000 (50% of the $580 million hurdle
applicable to the first Transfer pursuant to Section 4.4(b)).
2. Assuming that, for the second Transfer for which Transaction Rent would be payable, (i) Owner
#2 sells a 51o/o Controlling interest in the Lessee to Owner #3 for a gross sales price (less typical closing
adjustments and credits) of $300,000,000, then the Transaction Rent payable in connection with such
Transfer would be calculated as follows:
3. Assuming that, for the third Transfer for which Transaction Rent would be payable, a 75o/o interest
in the Lessee is sold, with Owner #3 selling a 38o/o interest in the Lessee to Owner tl4 for a gross sales
price (less typical closing adjustments and credits) of $200,000,000, and Owner #1 selling a 37o/o interest
to Owner Mfor a gross sales price (less typical closing adjustments and credits) of $190,000,000, then
the Transaction Rent payable to City would be calculated as follows:
Owner #3 Transfer
Gross sales price (less adjustments)
Transaction Rent:
Gross sales price (less adjustments)
Transaction Rent:
Owner #1 Transfer
Gross sales price (less adjustments)
Transaction Rent:
$300,000,000.00
$750,000.00 (i.e., .25% of $300,000,000)
$200,000,000.00
$500,000.00 (i.e., .25o/o of $200,000,000)
$190,000,000.00
$475,000
680
EXHIBIT "P"
LOCATION OF GEOTHERMAL SYSTEM
(See attached pages)
681
5fi
s
€rrr,$;i
E\)
i)
oU(,
LrJtt!:
E
ffii*\df, rli
3
!l,: r
!sqEEld.!ll:r-tr
i;t i:ESE iiii'ii
J
?
i
fu1Itl t
o_
5?truL
gdE
su si
. Eqi=
; $UEF
o
Ifrjit
@ @ @@o @@
{m
<d =
f
r-:iI K_-T---l f]I S---r-----Il i i
dli,tlI il:!
t
ttrlld
ltriisr
!!Ei r!
full
!,
I!.Eillt*iriffi
!. eosg L
!tl.a!it
;llr\\
'idili'1i,,,,,ifiil
$ ili$i$Il ffi ili!fiiliiilll $ fiiill$,illliilli
682
$E;i
iiE
?oUaultr
trJt
if
E*
ffi;ir\# .il-T
ii.-i:':
Eil
B iuii;r
:I
i
fu!Itl i
se*
3Ht
tfi$-$
I Hfi6H
o
I
LU,,
*iiffi"{I
ITffiifiiliii
,.llt!
ii!illt!
ti
'I
.li
!ti
!.9
ili riliI- ltsiE TT,ET
irrruri!!iX
iiii* ifil!
tiii
rlilillillfillilllllHliil$i*llrlllltit,llliilliiLit
$
t
It.uiIIIIiiiililitu
?$aoso\<ill\\
683
oUa
UJtrul:s ffiii
I
II
I
!tI,,
it!rl!
Il
td
t,
!E:!
it
ii
te!l
!l
!!sIlftftllIltillliiil!r
EH
,II
gt
I3l
iHl3rl*il6
.6
-\o
684
oUa
IIJE
u.lE
685
E
!!
ffiiil\/ .!i-0
II
sl'
{l
cl
i3J
!
!-
!
a
!
!
:
!
I'-
I
il
$l iiit ii iiiili *iliii I
?
I
PE9!ri.
J lt
TIE
$
a*-cl5trtE.
686
'a)
oUa
[U
x.
trJ
E
"I/nli:[jr.PI*\/ rli
t!
rll
El.,lr
3liIllctlrli
3li
{{!o
I
2
T{!9t
6a
v
F
6
u
z
D[,zHdI
Ifl
*i[
t{[
=illo
oal C5)TT-I
rllr
Ie) F-t-6@
3F
r$l
iil
o
l!
J
li
T]
$l
el
IIrx
5l,l
^(9
+li
Et"
slt
it
it-/L
L9
tu*r@*F4-ffir4*-rla !t*5.
687
B rt6 f, aoh
dtrr,=l? iit\II''EEi
3EE
\)
1}
oUa
tlJg.
[!
E4
I
ffilii\/ tlr
;
"! |
irSli
iitli5SE
:f
1!,r I,
iriliil ,|illl c
It
ir!Itl r
z
L
ilOo,o?
S -rdE
.
=33H- o-E67U=<Zi -sol<
q
T.E,
fr
t;
I
!l
+l
E1
st
t9
iElh
$$l
e$t
+$l
rgl
E*l
(n)
6*
Eli
iil
t3l6
s&-
E
66
rlrl
Ei!i
688
p
??ds>
3fi8$
=HE=BqHS
riiiiliili
I
Ii
I
a
!
tii
tt!
iEl
!E
E5
,$l
IEi
rtrr
ltliiii
ifilfili*
$!i:{t
iiiiili
liii!ii
rii!:!lil
llll,l#ffilill ii lglii tu liil iliil u
lrrlll
Ilr
fi!
iltlrlrl!lrt
i:i
ilrlilt
!t
IE
!:t
,I:i
l!
$
!l
t:.a
ilrttrrlI
Ei!milfilillilillili'lil ifill llli l|ll ilifi ltl ft $l irr
Iti
1tIIll
rii,l*riii!!,,;iii,,,,u,,l,tilr,i,,ii,iiiiirllrii,iirriiu,,lIi,,,rii
rtlEtlrr!!l!!!!"r!!!rrr!!lri,:rE'SrrlIr!rl.rrtIsrrr.r.iih!!tcr!.rtrrt
rr!!!!lliiil iiir Iii rurl rlii i,rli,
ItlrtlI ilri tII+1rf It.',irri i r
iEEieE
EiEiEEI
iliE i
IEEiIEE E
rdEiiill T i Ii. (:@iLi gi
iifg],l;L:t
EIE'.Blili
.
--ti
I
i;l*s+PlEitrl,E l I16tlti i ir
EB 'l',l l l
689
oUa
trJg.
ulE
z-
I +a€
HEE$
SfiEH
i $=EE
:, - ,i'z
::::i.
:,:ii'A i{i!;r
III
II:i:i
-\irli i
Itll* = = |
==s
i
690
oUa
LrJ .g
tu:
691
EXHIBIT "Q''
RESERVED
692
EXHIBIT "R"
SCHEDULE OF MINIMUM FIXED RENT
*As provided in Section a.a@), this amount shall apply from the Rent Commencement Date to
December 31 of the year in which the first anniversary of the Rent Commencement Date occurs,
prorated for any partial months and partial calendar years.
$1 ,458,413
$1,487,581
$1,517,333
$1,547,679
$1,578,633
$1 ,610,206
$1,642,410
693
EXHIBIT "S'
MANDATORY HOTEL PROJECT DESIGN ELEMENTS
A full-service convention hotel of not-to-exceed 800 rooms, including:
1. approximately (but not to exceed) 800 rooms (with a breakdown between kings,
double/double or double/queen rooms and suites necessary to obtain the Brand
Approval by the lnitial Hotel Operator);
2. if required by the lnitial Hotel Operator, a club lounge;
3. a minimum of approximalely 72,000 net square feet (+l- 5o/o) of hotel conference space
for meetings or other events, including a minimum of 20,000 net square feet (+/- 5o7o;
grand ballroom, 10,000 net square feet (+/- 5%) junior ballroom, and 42,000 net square
feet (+7- 5o/o) of breakout meeting space;
4. appropriate space for kitchen facilities, used for room service and serving conference
and meeting rooms;
5. food and beverage locations of a total square footage size that is not greater than the
square footage size of food and beverage locations that are consistent with the size and
number of rooms in comparable 4 Diamond hotels in comparable locations, not less than
600 seats, in the aggregate, contained within a three-meal restaurant, specialty
restaurant, pool bar and grill, lounge and lobby bar (such restaurants and bars are to be
developed primarily along the perimeter of the ground floor of the Hotel Project) and as
necessary to obtain Brand Approval from the lnitial Hotel Operator;
6. a non-specialty retail facility which may consist of a sundry and/or coffee shop(s) selling
products such as news, coffee, overnight supplies, and travel necessities as necessary
to obtain Brand Approvalfrom the lnitial Hotel Operator;
7. a pool, fitness center and spa;
8. the exterior elements depicted in Exhibit E, subject to a height restriction of a maximum
three hundred (300) feet, in accordance with the provisions of the City's Land
Development Regulations;
9. a minimum of .40 parking spaces per room on-site, in accordance with the provisions of
the City's Land Development Regulations; and
10. the Skybridge.
For the avoidance of doubt, the Lessee may elect to include in the Hotel Project ballroom and
meeting space of a size that is greater than the 5% variances provided for above without City's
Approval (and Lessee shall not be deemed to have made a Prohibited Hotel Project Change or
to have failed to include the Mandatory Hotel Project Design Elements as a result of the
inclusion of such excess ballroom and meeting space).
694
EXHIBIT "T"
LESSEE'S LLC DOCUMENTS
(See attached pages)
695
Defowsre PAGE 7
tfu first State
Z, ,TEF?XAY W. BALLOCX, SECRETARY O? STATE OF TEE STATE OF
DETAWARE| DO IIEREBr CERTZW rHg ATTACEED rS A TR{,E AIiID CORFACT
COPY OF TTTE CERruFICATE OF FOXAETTON OF "PORTIiIAI;I I{TAIII BE;ACTT,
LLC", FTLED IN THTS OFFTCE ON TEE SEI/ENTEENTE DAY OF,JUATE, A.D.
2075, AT 70:43 OTCLOCK A.M.
5768204 8700
750932145
,effrey W Eullock, Secretary oFState
orf .' 2475278
you nav verifv this c€rtificata onlin€ax co$. delaw'are. gov/ authner. shtal
DATE: 06-77-75
696
State of De.laware
Secrete,nr of StateDiuision of co4nrations
D€.livered 7a:46 Etc 06/77/2075
srLED 70:43 AN a6/17/2075
sRv 750932745 - 5768204 Err,E
CERTIFICATE OF FORNIATION
OF
PORTTITAN MIAIVI BEACH, LLC
TIIIS CERTIT'ICATE OF FORMATION of PORTMAN MIAMI BEACH,
LLC (the "Company") is being executd by the undersigned for the purpose of forming a
limited liability company pursuant to the Delarvare Limited Liability Company Act.
FIRST:The name of the Company is:
Portman Miami Beach, LLC
SECOND: The Company's registered office in the State of Delaware
is Corporation Trust Centeq 1209 Orange Street in the City of Wilminglon, Delaware
19801. The name of its registered agent at such address is The Corporation Trust
Company.
IN WITNESS WHERtrOF, the undersigned, being,Bn authorized person of the
Company, has executed this Certificate of Formation on this{Eay of June, 2015.
Neal Kamin, Authorized Person
26196746v1
697
EXHIBIT "U"
FILLMORE THEATER PARKING
(See attached page)
698
,9
8;€'
a9
>@
6!
ffi1 1
+#l
rffi
flli ixryvt ''11 /t)-yr' / i}i-<t-./ I
1.l
I-i-ri
-1!
__L-
I
t-_
p!
:=:
K
it5?-'.*jl ^.,{,
/ I /,\ 9\ /
\J.," /,i*/ X
',t'E\,t l )/-tLY
'r" 1,1
/.
,l>a \ /,t\.'y'\. '11'r
/t -2,+i r
\.v ./ \ I:E-=g/- ;Wr
o)Ia
N
5E;g3:
agg:
Es
a9oi9^
Ee
9!
IE
2d
I.U
tu
tu
tU
E.
a
uF
o
df,ou
I
I
I
t-
I
I
I
l-
I
I
t_
I
I
.-----L
=
=s.Cx
LU
a^lJo Jalua3 uollua^uoc
699
APPENDIX2
700
Appendix 2
cgoIAICSnS ION
+z€Y-
<z$ -.
-- js.''
t-
E i1
iecJ
6l u:
ii:t;9 51s-i3
i rE
ij
=
p
Ei {.,
zr'' I
3F
.Nij
loV
6z
I i'6i ss33i3,8,8,. r.lg
6ro
s-x-| -58E cBd
: i-
aJ
I,
5L E
H
e=E
E,
he
EEAFE&.:.
aI
E Iztol
"Fl (Lt
tlolalrxlol_-
ILIH Hol*l
rll t()t::
FIYFtuh;Yti <-al$v,
i
Es
lfi; _Eti
"liirlEiEu.llol-- 9lilS"';o'
?*
IFlc
Ls A
I l{:
t _dc
3
B
E
a
-
s
(sql^losns IoN
:, lni i ,ld Hei E ePI dTE ; E
i, EE. , EHE ,iE 9 Ia? iii ; ;i: TA' E 6a; H:s ? ;EE EEi E E
iiEIEn::i ibE E E
elEEiErf
5:n:fi;iE
i;ieE;iti
e FEE Is; Ha to
5 iE: ti6 Is )E
;IiEEE;ai:Er
BJ
u=
Ho
-9
Hi
61
3s
u E; 9S,.r Z6E -eitEih iE E
l;i:;i;r;s; EI
i;;iti:l;E=;Eg EEE:;EiI3''. 2Z3 Ea=iIiRiE: !q
= gSEgEF:iE: :.H: {rsslB9EiB e.i ii.;-.r;<'a 'ii ;E=EE;E.b; iP
E Ii!::tisE: ::
;!i!EiEE;;iEeIo EEav?<B'6< _ :z
IIEEE;EiiIE:ii
E :A!:;FE;IE q !ii El;;E;rEis ; 5E6 ?hE9@Ei2S. - dti;::i:Eilii;,; Ei
E 3:li:E:iseEi 51
t;, iiilgiEiEEi; i1loe $z:9*5iExrE 6 ER
I;I;ci;;I:IE5; ; E;
I:gE:E;Ei:iIiEEEiI
li; g;i;ieiEiE;
EE EiE
.*2
:!:6 r Ii;ii ) I
l.;b
EE
-d
T;}1 .:
aFz
IoF
uJYozotr
ooJ
,-; !i; ;
E'Esi
st E
:! E
.'i e ..,!-: e (r)l
FE 3 IIJI33: Flis; QlaiE 1l
':qlit- El-E e Al
:iE ilI;5; >l:s B tl.? t -tl
ffEE<al
92
frE
zo
F-(L
u.o
U)
u.lo
J
o
UJJ
F
+3
EFH
R8.
a ".No@A=oEo.
-t-
I
, 'i,,,'| ,'
, Iifilt !t I
!*YaEi Fl -
ils
rl
'l'
I
I
.l
I
I
I
I
I
il
eHeg; I
,,n,.rnltt'ltr'l";(l
mzrffi.oa@ '---
--:-f
83 |EB !aElrE fEei
:l
al
;lirli
il!
!
i
a
:]
3
I
I
3t
;l
s
6
{FaY{:-3;
rdt
sE
e9z
EUFzuo
F6
t
5
o
lc
5ul-
lt
L\
101ULF
!.<-
;!zL
ig)2
LCaa)C
Uuld
i:9!
i
I 2^J- u:r I -!\-/ F;<:lur tlrr.\ 6s*oE
2YE
>EE)-p'\ o!
- J31 !3<?'
701
Note re: Legal Description on Prior Page: lf approved as part of the regulatory Design
Review Board/development process, the cantilevered elements on the north property
line, depicted in Appendix E of the Lease with respect to the 4th Level of the proposed
Hotel, will be included within the legal description for the Leased Property.
702
APPENDIX 3
703
Appendix 3
Schedule of Proposed Minimum Fixed Rent
20L6
20t7
2018
L 2019
2 2020
3 202L
4 2022
5 2023
6 2024
7 2025
8 2026
9 2027
10 2028
7t 2029
t2 2030
13 2031
L4 2032
15 2033
t6 2034
L7 2035
18 2036
19 2037
20 2038
2t-99
Total
NPV @5%
$209,279
492,545
829,706
L,458,413
L,497,591
L,517,333
L,547,679
L,578,633
t,6LO,206
1,642,4L0
L,675,258
L,708,763
L,742,938
L,777,797
1,913,353
7,949,620
1,886,612
7,924,345
L,962,832
2,002,O88
385,946,474
_S416,663,8Gj-
s35,209,343
s209,279
13s.4% 492,545
685% 829,706
is.g% L,458,4L3
2.0% L,5L7,4O3
z.o% 1,577,8OO
2.0% 1,640,308
2.Oo/o t,7O4,994
2.0% 1,771,930
2.0% 7,84L,19O
z.o% 1,878,013
2.0% L,9L5,574
2.0% 1,953,885
2.0% L,992,963
2.0% 2,032,822
2.0% 2,073,479
2.0% 2,t14,948
2.0% 2,L57,247
z.o% 2,200,392
2.0% 2,244,400
432,657,370
_s466,264,660
538,907,292
Minimum
Fixed Rent Growth
Variable
Rent Growth
L35.4%
68.5%
75.8%
4.0/o
4.0%
4.0%
3.9%
3.9%
3.9%
2.0%
2.0o/o
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.O%
2.Oo/o
Percentage
Rent Growth
s418,557
985,089 L3s.4%
1,659,473 68.5o/o
2,916,826 75.8%
3,OO4,984 3.0%
3,095,133 3.oo/o
3,187,987 3.0%
3,283,627 3.0%o
3,382,L36 3.0%
3,483,599 3.0%
3,553,27L 2.o%
3,624,337 2.o%
3,696,824 2.0%
3,770,760 2.0%
3,846,175 2.0%
3,923,099 2.0%
4,OOL,561 2.0%
4,081,592 2.00/o
4,763,224 2.oYo
4,246,488 2.o%
918,603,844
5882,928,524
574,i.i.6,635
Note: The minimum fixed rent adjusts up or down every 10 years to 55% of the prior five
year's average total rent paid.
704
APPENDIX 4
705
1. As requested by Commissioner Grieco, revise Section 4.2(bl as follows:
Section4.2. RestrictiveCovenants
(b) Use Restrictions. The Hotel Project shall not be used by Lessee, nor shall Lessee
knowingly permit the use thereof by any other Person for the following: (i) any unlaMul or illegal
business, use or purpose; (ii) any business, use or purpose which is immoral, disreputable
(including "adult entertainment establishments" and "adult" bookstores) or extra-hazardous; (iii)
a nightclub where the sale of food is only incidental to the sale of alcoholic beverages andwheretheestablishmentislicensedandprimarilyoperated@
es+ag++snmen+{from midnight to 5:00 a.m.} as a "Dance hall" or "Entertainment Establishment"
as defined by Section 114-1 of the City of Miami Beach Code (other than and specifically
excluding the Hotel's lobby bars, rooftop bars or cocktail lounges, pool bars, restaurants,
banquet functions or other similar food and beverage operations contemplated as part of the
Approved Plans or the Mandatory Hotel Project Design Elements); (iv) any Gaming
Establishment (whether or not such use is permitted by applicable law), or (v) any use that
constitutes a public nuisance of any kind. Lessee shall have no right to convert the use of the
Hotel Project or any portion thereof to any time sharing, time interval or cooperative form of
ownership, or to subject the same to any condominium regime.
2. As requested by Gommissioner Grieco, revise Section 4.2(fl as follows:
Section a.2$l:Room BIock Agreement. Lessee shall operate, and cause the Hotel
Operator to operate, the Leased Property in material compliance with the terms of the Room
Block Agreement throughout the Term. ln addition, Lessee shall not receive anv commission.
rebate or other compensation from any hotel located in the Citv of Miami Beach with respect to
anv qroup room block or room bookinqs made by any such Miami Beach hotel.
3. As requested by Commissioner Weithorn, revise Section 4.5 as follows:
Section 4.5 Covenants for Pavment of Public Charses bv Lessee
(a) Pavment of Public Gharqes. Payment of Public Charges includes:
(i) Lessee, in addition to the Rent and all other payments due to City
hereunder, covenants and agrees timely to pay and discharge, before any fine, penalty, interest
or cost may be added, all real and personal property taxes, all ad valorem real property taxes,
all taxes on Rents payable hereunder and under Subleases, tourist, room and restaurant taxes,
and public assessments (includinq, without limitation, permit fees, impact fees and other public
charges|; and
(ii) Special Assessments pursuant to Section 4.5(d), electric, water and
sewer rents, rates and charges levied, assessed or imposed by any Governmental Authority
706
against the Leased Property, including all Lessee lmprovements thereon, in the same manner
and to the same extent as if the same, together with all Lessee lmprovements thereon were
owned in fee simple by Lessee.
(collectively, "Public Charges");
(b) Lessee's obligation to pay and discharge Public Charges levied, assessed or
imposed against or with respect to the Leased Property shall not commence until the
Possession Date. All such charges shall be prorated if the Possession Date is not at the
beginning of the calendar year. Lessee, upon written request, shall furnish or cause to be
furnished to the City, official receipts of the appropriate taxing authority, or other proof
satisfactory to the City evidencing the payment of any Public Charges.
4. As requested by Gommissioners Grieco, Weithorn and Steinberg, add new section
4.5(e) as follows:
(e) No Tax Abatements or Other Public Subsidies to Lessee. Lessee shall not
receive anv tax abatement, public subsidv or rebate with respect to anv Public Charqes
(includinq, without limitation, City, Miami-Dade Countv, or State of Florida taxes of anv kind),
other than any tax benefits qenerallv available or provided to other srmilarlv situated or similarly
sized hotels or businesses.
5. As requested by Commissioner Grieco, revise Section 14.12 as follows:
Section 14.12. Amendments. No amendments to this Lease shall be binding on either Party
unless in writing and signed by both Parties. Solely to the limited extent as may be necessary
to reasonably facilitate lender financing for the Hotel Project, the City Manager shall have the
delegated authority (but not the obligation), after consultation with the City's Chief Financial
Officer and City Attorney, to negotiate and execute modifications to Article 9, Article 10,
Sections 6.1(a)(vi) through 6.1(a)(ix), and Sections 6.1(b) through 6.1(k) of this Lease; and to
negotiate and execute the easements contemplated pursuant to Section 4.1(g) of this Lease.
All other amendments must be approved by majority vote of the City Commission, subject to the
requirementsoftheCityCharterandapplicablelaw,exceptthatthe@
Sections 4.2(b),4.2(g), 4.5(a) throuqh (e), and Section A.1 of Exhibit "A" hereto may not be
modified except by a 6l7th vote of the City Commission and approval of such modifications by at
least sixty percent (60%) of the voters voting thereon in a City-wide referendum, in the same
manner as required for approval of the initial Lease pursuant to Section 1.03(bX3) of the City
Charter, and the Base Rent a
modified except bv approval of such modification bv at least sixtv percent (60%) of the voters
votinq thereon in a Citv-wide referendum, in the same manner as required for approval of the
initial Lease pursuant to Section 1.03(bX3) of the Citv Charter. The City shall not be obligated to
expend any money or undertake any obligation connected with any such amendment proposed
by Lessee, or othenuise connected with any action requested by or for the benefit of Lessee
under this Lease, and shall be reimbursed by Lessee for all out of pocket expenses (including
third party consultants and attorneys) incurred by the City. Prior to the City taking action
707
regarding any such request, Lessee shall deposit with the City the estimated amount of such
costs, as reasonably determined by the City.
708
APPENDIX 5
709
Appendix 5
Planning Analysis
MIAAAiBTACH
PLANNING DEPARTMENT COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
o,
FRoM: Thomas R. Moonev. nlC*n/{,ll
Plannins Director () lwl
DATE: June 25, 2015
SUBJECT: Analysis of Proposed Ground Lease Agreement for a Convention Hotel at the
approximately 2.6 acre site located on the 1700 Block of Convention Center
Drive.
BACKGROUND
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease.
The proposal is to execute a lease agreement between the City of Miami Beach (landlord)
and Portman Miami Beach LLC (lessee), for the development of a Convention Hotel at the
approximately 2,6 acre site located on the 1700 Block of Convention Center Drive. The
following is an analysis based on the criteria delineated in the Code.
ANALYSIS
1. Whether or notthe proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent - The future land use designation of the site is Public Facility:
Gonvention Center Facilities (PF-CCC). The proposed Convention Hotel use is
consistent with the purpose of the PF-CCC designation which permits the following:
Public Facility: Convention Center Facilities (PF-CCC)
Purpose: To provide development opportunities for existing convention center
and facilities necessa4i/ to support the convention center.
Uses which may be permitted: Convention facilities.
lntensity Limits: lntensity may be limited by such set back, height, floor area
ratio and/or other reslricfions as fhe City Commission acting in a legislative
capacity determines can effectuate the purpose of this land use category and
otherwise implement complementary public policy However, in no case shall
the intensity exceed a floor area ratio of 2.75.
710
2.
Analysis of Proposed Lease Agreement for Convention Hotel
June 25,2015
Page 2 of 3
The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent - No negative impacts are anticipated by the proposed use of the
property.
A preliminary traffic analysis indicates that there will be net reduction of peak hour
trips in the area as a result of the proposal, since it will encourage conventions where
guests arrive to the area by shuttles or other means rather than by single occupancy
vehicles. However, additional reviews willtake place as the project develops fu(her.
The site is currently used as a paved, surface parking lot; therefore there will be no
diminution of public open space.
The use should enhance commercial property values, because it will provide
additional patrons for the area's businesses.
A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue
base, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of Ilfe.
Consistent - This proposed use does keep with the public purpose and community
needs. The lease agreement expands the City's revenue base. lt is expected that
the convention hotel will improve the quality of conventions drawn to the convention
center, which will generate jobs and encourage economic development.
A determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
Consistent - The surrounding area consists of civic uses; including the Convention
Center, City Hall, and public parking garages. Therefore, the development will not
block views for other property owners or create environmental intrusions. The
design and aesthetic considerations will be further analyzed as part of the Design
Review process that is required of new development pursuant to the Land
Development Reg u lations.
4.
We ore committed lo providing excellent public servrce ond sofety to oll who live, work, ond ploy in our vibrcnl, tropicol, historic conmunity
711
Analysis of Proposed Lease Agreement for Convention Hotel
June 25. 201 5
Page 3 of 3
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent - The convention hotel will be providing adequate parking on-site
pursuant to the requirements of the Land Development Regulations. Additional
modifications will be made to the surrounding streets and infrastructure as the project
is developed further.
6. Such other issues as the city manager or his authorized designee, who shall
be the city's planning director, may deem appropriate in analysis of the
proposed disposition.
Not applicable - The Planning Department has no other issues it deems
appropriate to analyze for this proposal.
CONCLUSION
The proposed use for the site is consistent with the Goals, Objectives, and Policies. The
use will generate no negative impacts for the surrounding area. The property would
continue to serve the public interest.
TRM/RAM
T:\AGENDA\201 5Uuly\Convention Hotel - Planning Analysis.docx
712
APPENDIX 6
713
APPRAISAL REPORT OF A
PROPOSED GROUND LEASE
ON REAL PROPERTY
Miami Beach Convention Center Hotel Site
Northeast corner of 17th Street and
Convention Center Drive
Miami Beach, Florida 33139
Report 201533
PREPARED FOR
Ms. Maria Hernandez
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
PREPARED BY
BLAZEJACK & COMPANY
l72W Flagler Street, Suite 340
Miami, Florida 33130
Phone: (305) 372-0211
Fax: (305) 374-1948
John@Blazejack.com
714
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
August 24,2015
Ms. Maria Hernandez
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Appraisal of Proposed Ground Lease Terms on Real Property - 201533
Miami Beach Convention Center Hotel site
Comprised of 2.65 acres, located at the
Northeast corner of 17fr Street and Convention Center Drive
Miami Beach, Florida 33139
Dear Ms. Hernandez:
At your request, we have completed an appraisal ofproposed ground lease terms for the above referenced real
property. The purpose of the appraisal is to estimate whether or not the terms of the proposed ground lease on this
property reflect the market rent that it is capable of generating. This appraisal is subject to various Assumptions
and Limiting Conditions and Extraordinary Assumptions set forth in this report. The physical inspection and
analysis that form the basis ofthe report have been conducted by the undersigned.
Our analyses have been prepared in compliance with the standards and regulations of the Uniform Standards
of Professional Practice (USPAP). The accompanying report includes pertinent data secured in our investigation,
exhibits and the details of the processes used to arrive at our conclusion of value.
We have estimated the rent for the subject site based on the terms of its proposed ground lease. Based on the
enclosed analysis, and considering the Assumptions and Limiting Conditions and the Extraordinary Assumptions
set forth in this report, it is our opinion that the proposed terms of the ground lease described herein for the
2.65-acre Miami Beach Convention Center Hotel site would produce a stabilized base contract rent of
approximately $21515,700. Furthermore, this base rent amount, and the terms of this lease, appear to be
synonymous with the market rent including the rental rate, terms and lease parameters as of July 2712015.
Respectful ly submitted,
BLAZEJACK & COMPANY
Joh n
Blazejack
Digitally signed by John Blaze.jack
DN: cn=John Blazejack, o, ou,
email=John@Blazejackcom, c=Us
Date: 20'l 5.08.24 1 2:20:42 -04',00',ryw,l*:
J Guthrie Mlinar, MAI, SRA
Consultant
Cert. Gen. RZ 1916
John Blazejack, MAI, CRE, FzuCS
Partner
Cert Gen RZ-0093
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
715
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
Property Name:
Property Type:
Location:
Interest Appraised:
Client:
Intended Use:
Purpose of the Appraisal:
Date of Appraisal:
Dates of Inspection:
Date of Report:
SUMMARY OF FACTS AND CONCLUSIONS
&:'
l;)
Miami Beach Convention Center Hotel Site
2.65-Acre hotel development site
Northeast comer of 17th Street and Convention Center Drive in
Miami Beach, Florida 33139
Leased Fee
City of Miami Beach
For the Client's internal use in negotiating a land lease for the site of
a hotel serving the adjacent Miami Beach Convention Center
To determine if the terms of proposed land leases on the subject
property are synonymous with its market rent.
luly 27,2015
June 20, 2015
August 24,2015
t't.\
(-
Flf*
I t(r 1
dsh..m.
I\
\
:1
1
"t
i._
1.
1
t
..iIB
i {t*
ae' r&
&;i*,'',(
{it
e
{i
ip-
F,
t
i{
Ill
ItF
Gt
rf
IIjLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
716
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
Zoning: CCC, Convention Center District, City of Miami Beach
Planned Development: Full-service, 800-room convention center hotel including multiple
food and beverage outlets, extensive meeting room spaces, a
recreational sp4 parking garage and ancillary amenities consistent
with a luxury/upscale chain hotel operation
Highest and Best Use: As Vacant: Consistent with its planned development
As Improved - Redevelopment consistent with its planned use
Real Estate Taxes (2014) Exempt
Estimated Rent Terms
Estimated Base Contract Rent: $2,515,700 (at stabilization)
Estimated Market Rental Rate: Synonymous with the Estimated Base Contract Rent stated above
Exposure & Marketing Times: Less than 12 months
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
717
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
TABLE OF CONTENTS
CERTIFICATE OF VALUE................... ..................1
ASSUMPTIONS AND LIMITING CONDITIONS................... .........................2
SECTION I INTRODUCTION......... ........................5
IDENTIFICATION OF THE PROPERTY ............. .................. 6
INTEREST APPRAISED AND DATE OF THE APPRAISAL ...,,................ 6
INTENDED USE AND INTENDER USER OF THE APPRAISAL............. ....................... 6
SCOPE AND PURPOSE OF THE APPRAISAL ...................... 6
HISTORY OF THE SUBJECT ...........................7
DEFINITIONS OF VALUE AND INTEREST APPRAISED................ ........7
LEGAL DESCRIPTION ............... 8
SECTION II MARKET ANALYSIS. ..................... 14
II.WESTMENT CRITERIA & FINANCING AVAILABILITY ......................15
SECTION III DESCRIPTIVE DATA
SITE DESCRIPTION............ ......30
DESCRIPTION OF IMPROVEMENTS ...........32
REAL PROPERTY TAXES AND ASSESSMENTS................. ...................32
HIGHEST AND BESTUSE............. ................ rr
SECTION IV: LEASE ANALYSIS
GROUND LEASE ANALYSIS ........................38
ESTIMATE OF CLIRRENT GROUND LEASE PAYMENTS ....................42
MARKET VALTTE OF TrrE SrTE (rN FEE STMPLE).... . ... ..... ............. 51
ANALYSIS OF THE PROPOSED RENT FOR THE SITE ......................... 65
CONCLUSTONS ................... ......69
ADDENDA
37
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Engagement Letter
Proposed Ground Lease & Neutrality Agreement to Subject Site
Portman Holdings Hotel Development Description & Plan
Description of Land Sales
Miami-Dade County Regional Analysis Summary
Qualifications of the Appraisers
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
718
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
CERTIFICATE OF VALUE
Vwe certify that, to the best of my knowledge and belief,
. the statements offact contained in this report are true and correct.
o the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,
and are my personal, unbiased professional analyses, opinions, and conclusions.
. we have no present or prospective interest in the property that is the subject of this report, and I have no personal
interest or bias with respect to the parties involved.
. we have performed no appraisal or other services regarding the property that is the subject of this report within the
three-year period immediately preceding acceptance of this assignment.
. we have no bias with respect to the property that is the subject of this report or to the parties involved with this
assignment.
. our engagement in this assignment was not contingent upon developing or reporting predetermined results.
. our compensation for completing this assignment is not contingent upon the development or reporting of a
predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the
attainment of a stipulated result, or the occurrence of subsequent event directly related to the intended use of this
appraisal.
r our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the
Uniform Standards of Professional Appraisal Practice.
o John Blazejack and J Guthrie Mlinar have made a personal inspection ofthe property that is the subject ofthis report.
. no one provided significant real property appraisal assistance to the persons signing this certification.
'' . the reported analyses, opinions. and conclusions were developed, and this report has been prepared, in conformity
with the Code of Professional Ethics and Standards of Professional Appraisal Practice ofthe Appraisal Institute.
. the use ofthis report is subject to the requirements ofthe Appraisal lnstitute relating to review by its duly authorized
representative.
o as the date of this report John Blazejack and J Guthrie Mlinar have completed the continuing education program of
the Appraisal Institute.
BLAZEJACK& COMPANY
Joh n Biilly,:iffi1?:j,"".ff:;:*-
B lazej a c k ;:ill;i:l:?1ril"'"Hl':;Y'
John Blazejack, MA[, CRE, FRICS J Guthrie Mlinar, MAI, SRA
Partner Consultant
Cert Gen RZ-0093 Cert. Gen. RZ 1916
BLAZEJACK & COMPANY
CERTIFICATE
719
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
5.
6.
2.
J.
4.
7.
8.
9.
ASSUMPTIONS AND LIMITING CONDITIONS
The appraisal is subject to the following assumptions and limiting conditions:
No survey ofthe subject property was undertaken.
The subject properfy is free and clear of all liens except as herein described. No responsibility is assumed
by the appraiser for matters which are of a legal nature, nor is any opinion on the title rendered herewith.
Good and marketable title is assumed.
The information contained herein has been gathered from sources deemed to be reliable. No responsibility
can be taken by the appraiser for its accuracy. Correctness ofestimates, opinions, dimensions, sketches and
other exhibits, which have been furnished and have been used in this report are not guaranteed. The value
estimates rendered herein are considered reliable and valid only as ofthe date ofthe appraisal, due to rapid
changes in the external factors that can significantly affect the property value.
This study is to be used in whole and not in part. No part of it shall be used in conjunction with any other
appraisal. Publication of this report or any portion thereof without the written consent of the appraiser is not
permitted.
The appraisers, herein, by reason of this report, are not required to give testimony in court with reference to
the property appraised unless notice and proper arrangements have been previously made therefore.
The value estimate assumes responsible ownership and competent management. The appraiser assumes no
responsibility for any hidden or unapparent conditions of the properfy, subsoil, or structures, which would
render it more or less valuable. No responsibility is assumed for engineering, which might be required to
discover such factors.
Neither all nor any part of the contents of this report shall be conveyed to the general public through
advertising, public relations, news, sales or other media without the written consent and approval of the
author, particularly as to valuation conclusions, the identity of the appraiser or firm with which he is
connected, or any reference to the Appraisal Institute.
The existence of potentially hazardous material used in the construction or maintenance of the site or its
improvements, such as the presence of urea formaldehyde foam insulation, and,/or the existence of toxic
waste which may or may not be present on the property, was not observed by the appraiser; nor does the
appraiser have any knowledge ofthe existence of urea-formaldehyde foam insulation or other potentially
hazardous waste material of the improvements and the site may have an effect on the value of the property.
We urge the client to retain an expert in this field if needed.
Building floor plans, hotel room counts, capacities of food and beverage outlets, and other details of the
proposed development of the subject property were obtained from the client's Request for Proposals (RFP
No. 2015-103-ME) for the development of a convention headquarter hotel adjacent to the Miami Beach
Convention Center. This RFP also contains the proposed terms of the land lease on the subject property,
and was reviewed by the appraisers. The data contained therein was assumed to be correct for the purposes
of this valuation study. Other information was also obtained from hotel operation proposals from four
major intemational hotel chains, and from the winning bidder on the RFP, Portman Holdings. These were
also relied upon by the appraisers and are assumed to be correct for the purposes ofthis report
The Americans with Disabilities Act (ADA) became effective January 26, 1992 sets strict and specific
standards for handicapped access to and within most commercial and industrial buildings. For purposes of
this appraisal, we are assuming the building is in compliance; however, we recorrmend an architectural
inspection of the building to determine compliance or requirements for compliance. We assume no
BLAZEJACK & COMPANY
ASSUMPTIONS AND LIMITING CONDITIONS
10.
720
1.
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
responsibility for the cost of such determination and our appraisal is subject to revision if the building is not
in compliance.
Extraordinary Assumptions
6.
The proposed lease for the subject site, which is presented in the Addenda ofthis report, calls for an annual
base contract rent this is comprised ofa percentage ofthe gross revenues generated by the hotel operations
which will occur on the site, if unencumbered. This hotel development will be comprised of an 800-room
luxury hotel under a major intemational hotel chain affiliation. It will also include multiple food and
beverage outlets, a health and beauty spa, substantial meeting room space, a rooftop pool over a parking
garage structure, and ancillary amenities consistent with a luxury convention center hotel operation in a
major North American market. The description of this redevelopment and expansion to the existing subject
property is provided in the client's Request for Proposals (RFP No. 2015-103-ME) for this development,
and in the proposed development outlined by the winning bidder of this RFP, Portman Holdings.
Therefore, it is an Extraordinary Assumption that the proposed development of this property will occur at a
level that is consistent with these proposals. Any deviation from this proposed redevelopment and
expansion plan for the appraised properfy may result in a variance from the market rent that the property is
capable ofgenerating.
The estimate of market rent assumes responsible ownership and competent management, as noted in the
preceding Assumptions and Limited Conditions. This is particularly true for hospitality properties such as
that outlined in the development of the hotel that is proposed for the subject site. Therefore, it is also an
Extraordinary Assumption that the estimate of market rent contained herein assumes proper management
providing operations to the hotel, that are both consistent with the RFP from the client and that of the
winning bidder (Portman Holdings).
It is an Extraordinary Assumption that the redevelopment of this property will result in a full-service luxury
hotel property that is comparable to the competitive set of hotels that are described in the Hotel Market
Analysis section of this report. The degree to which this redeveloped hotel product is comparable to these
sets of hotels is outlined in this report, with its occupancy and rate penetration relative to this and other
competitive hotel sets, is assumed to be reasonable for the purposes ofthis report.
The proposed ground lease for the property requires approval from the citizens (registered voters) of the
City of Miami Beach. For the purposes of this analysis, it is an extraordinary assumption that the proposed
convention center hotel development to the subject site, detailed in this report, has already been approved
by all necessary parties as of the valuation date. If this or other approvals do not occur, the estimates of
market rent and values contained herein and its applicability to the subject site are null and void.
The estimate of base contract rents and market rents contained herein assume that the development of this
proposed 800-room convention center hotel to this site (as described in this report) has been completed and
is generating a stabilized level ofgross revenues from its hotel operations as ofthe current date of valuation,
with no rent concessions in place. Furthermore, it also an extraordinary assumption that this development
plan for the subject property, as proposed, represents its highest and best use.
A use restriction in the form of a Neutrality Agreement has been proposed for the subject site. This
Neutrality Agreement, which would be between the eventual operator of the hotel (the hotel user) and labor
unions, allows for the right of a labor union ("Union") to recruit union members from the hotel's
employees. Under this Agreement, the Union would be allowed to recruit during non-business hours in
order to obtain a membership of a majority of certain categories of qualified employees of the subject hotel.
This agreement does not mandate union membership by these hotel employees, but allows for the
enforcement of a neutral environment by the hotel and its operator if a labor union wishes to recruit various
categories of hotel employees to join the Union as members. This Agreement would effectively encumber
the site by restricting its hotel operator from actively opposing any such recruitment by a labor union of
BLAZEJACK & COMPANY
ASSUMPTIONS AND LIMITING CONDITIONS
2.
J.
5.
721
7.
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
these qualified hotel employees. If a majority of the qualified hotel employees decide to join a Union, the
Union may be allowed to bargain collectively for those employees regarding their employment terms
including pay, benefits, hours worked, etc. A description of the basic terms of the proposed Neutrality
Agreement that would encumber the site's use is presented in the Addenda of this report. For the purposes
of this analysis of the subject property, it is an Extraordinary Assumption that this Agreement is assumed to
be in effect as an encumbrance to the use ofthe site as ofthe appraisal and valuation dates.
Implicit in the estimates of value is the presumption of good quality construction, competent management,
aggressive marketing, and economic stability. The value estimates are subject to unforeseeable events that
could alter market conditions prior to the effective date of the opinion.
BLAZEJACK & COMPANY
ASSUMPTIONS AND LIM ITING CONDITIONS
722
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
SECTION I INTRODUCTION
BLAZEJACK & COMPANY
SECTION I INTRODUCTION
723
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
IDENTIFICATION OF THE PROPERTY
The subject is a rectangular site with approximately 2.65 acres, located at the northeast
comer of 17ft Street and Convention Center Drive in the South Beach neighborhood of Miami
Beach, Miami-Dade County, Florida. This location is immediately south of the Miami Beach
Convention Center, and west of the Fillmore (Jackie Gleason) performing arts theater.
INTEREST APPRAISED AND DATE OF THE APPRAISAL
The purpose of this appraisal is to analyze the terms of a proposed ground lease for this
property in order to determine if these terms represent a market lease rate and structure, under
economic conditions prevailing on July 27,2015, the date of the appraisal. A leased fee interest
in this property is considered in this valuation as of this current valuation date, along with a Fee
Simple interest in the value of the underlying site.
INTENDED USE AND INTENDER USER OF THE APPRAISAL
It is understood that the intended use of this report is for asset management by the client,
the City of Miami Beach, in negotiating a ground lease for this property.
SCOPE AND PURPOSE OF THE APPRAISAL
This appraisal is presented in a narrative format that is consistent with USPAP and the
client's requirements for research and analysis in this assignment. Its purpose is to estimate
whether the terms of the proposed ground lease terms reflect a rental rate that is similar to that
which could be obtained in the market (synonymous with market rent). This includes an
analysis of the estimated base contract rent for the subject is synonymous with the Market Rent
for the site, and the site's value in fee simple, considering the Assumptions and Limiting
Conditions and the Extraordinary Assumptions set forth in this report.
As part of this appraisal, a number of independent investigations and analyses were
required. The scope of this analysis was to inspect the property, consider market characteristics
and trends, collect and analyze pertinent data, develop a conclusion and estimate the properfy's
ground rent. This includes an analysis of the potential gross revenue generation from an 800-
room, fuIl-service, luxury convention center hotel operation at this site. This potential gross
BLAZEJACK & COMPANY
SECTION IINTRODUCTION
724
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
revenue estimate was formulated from data of other similar hotel operations and from estimates
provided by several major intemational hotel chains.
The extent of verification consisted of assembling and analyzingraw data gathered from
a variety of sources including public records data services, news periodicals and in-house files.
Where possible, transactions were verified through discussions with buyers, sellers, brokers and
knowledgeable third parties. A Sales Comparison Approach was used to estimate the value of
the subject site in fee simple; returns on an investment in that site were analyzed to determine if
the terms of the proposed lease on the site were consistent with its rent-producing capabilities in
the open market. Finally, all assumptions and limiting conditions that affect the analyses,
opinions and conclusions were set forth.
Data sources included four major international hotel chains (which are not identified in
order to conform to their confidentiality requirements), Smith Travel Research, various investor
surveys, press releases and interviews from buyers and sellers of hotel (re)development sites in
the market, public records, and other outlets.
HISTORY OF THE SUBJECT
The subject is owned by the City of Miami Beach. The site is part of the City's
convention center properry, which is proposed for lease as the site of the convention center's
headquarters hotel. A lease abstract describing the primary terms of the proposed lease on the
subject site is presented in Section IV ofthis report.
No sales of this properly were observed by the appraisers during the last five years, and
the property is not listed for sale.
DEFINITIONS OF VALUE AND INTEREST APPRAISED
According to the Code of Federal Regulations, Title XI of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), and according to the l2s Edition
of The Appraisal of Real Estate, market value is defined as follows:
Market Value
The most probable price, which a property should bring in competitive and open market under
all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller
to buyer under conditions whereby:
BLAZEJACK & COMPANY
SECTION IINTRODUCTION
725
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
1. Buyer and seller are typically motivated.
2. Both parties are well informed or well advised, and acting in what they consider their own best
interests;
3. A reasonable time is allowed for exposure on the open market.
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5. The price represents a normal consideration for the properfy sold unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.
Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations
imposed governmental powers of taxation, eminent domain, police power, and escheat.
Leased Fee Interest
An ownership interest held by a landlord with the right to use and occupancy conveyed by a
lease to others; usually consists of the right to receive rent and the right to possession at
termination of the lease.
Market Rent
The rental income that a property would most probably command on the open market; indicated
by current rents paid and asked for comparable space as ofthe date ofthe appraisal.
Source: Appraisal Institute, The Appraisal of Real Estate. 13th Edition, (Chicago, 2008)
LEGAL DESCRIPTION
Not available; the properfy is part of the larger site of the Miami Beach Convention
Center, whichhas atotal of approximately 37 acres.
EXPOSURE TIME AND MARI(ETING PERIOD
Exposure time is that time the property is assumed to have been on the market before the
sale assumed on the date of appraisal. It is our opinion that with a reasonable listing price and
aggressive marketing, the subject exposure time for finding a qualified land tenant would be less
than 1.2 months under the described leasing scenario, and the Assumptions and Limiting
Conditions and Extraordinary Assumptions outlined in this report.
Marketing time is that time, at any price, that the property would take to sell from the
date of appraisal forward, i.e., after the date of appraisal. The relationship between price and
marketing time is straightforward and normally, the lower the price, the less time to market.
Based on investor expectations and marketing times for similar properties, both the exposure
and marketing periods for leasing the subject property are estimated to be less than 12 months.
BLAZEJACK & COMPANY
SECTION IINTRODUCTION
726
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
REGIONAL ANALYSIS
The subject is located in Miami-Dade Coturty, the southernmost of three counties
comprising the South Florida regional market. A summary of economic trends found in this
regional market is presented in the Addenda of this report.
NEIGHBORHOOD ANALYSIS
According to the Appraisal of Real Estate, 12tr Edition, a neighborhood is a group of
complimentary land uses. Social, economic, governmental and environmental forces influence
property values in the vicinity of the subject property, which, in turn, directly affect the value of
the subject property itself. The area of influence is the area within which the forces affect all
surrounding properties in the same way. The boundaries of the neighborhood are drawn by
observing the extent to which the four forces affect all properties in the same way.
Miami Beach Overview
The subject property is in the city of Miami Beach in Miami-Dade County, Florida.
This municipality is on a barrier island across Biscayne Bay from the mainland areas of Miami-
Dade County, whose developed areas are anchored by city of Miami. Miami Beach is
geographically divided into three sections. South Beach, extending from Government Cut north
to the Collins Canal along Dade Boulevard (as far north as 24ft Street), has the city's world-
famous Art Deco district along with the Miami Beach Convention Center, the Lincoln Road
retaiVentertainment area, and cultural attractions. Mid-beach or Central Miami Beach extends
to the north of South Beach to 63d Sfreet and is the area of resort hotels and high-rise
condominiums. Commercial development in this area is principally served by Arthur Godfrey
Road. North Beach extends from 63'd Street north to the city's limits at the Town of Surfside,
and includes Normandy Isle and commercial areas centered around 7l't Street and along Collins
Avenue between 69tr and 74ft Streets.
BLAZF,JACK & COMPANY
SECTION IINTRODUCTION
727
Miami Beach Gonvention Center HotelSite, Miami Beach, Florida
REPORT 201 533
( in uf \liauri lteaclr
North
Beach ' J;"
Middle
Beach
South
Beach
Land use in the area is predominantly residential with hotels scattered along the city's
oceanfront and along Collins and Washington Avenues. Supporting retail uses can be found
along these two streets, along with Alton Road in South Beach, 41't Street (Arthur Godfrey
Road) in Mid-beach, and 71't Street in North Beach.
Miami Beach is internationally recognized as a prime beach resort destination. Since the
early 1990s it has experienced a rebirth due to a major gentrification that has taken place
BLAZEJACK & COMPANY
SECTION IINTRODUCTION
10
728
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
especially in the South and Central Beach areas, a trend that has continued to spread northward
across the island community over time. Once known as a moderate-income retirement
community, gentrification made Miami Beach, and particularly South Beach, a world-famous
leisure destination for visitors from around the globe. A wide range of amenities including
white-sand beaches, favorable weather (particularly during the winter months), world-famous
Art Deco architecture, and shops, restaurants and hotels catering to every budget are available
for attracting leisure visitors to this market, and innumerable residential condominium projects
catering to part- and fulltime residents.
South- Beach Overview
The boundaries of the subject's South Beach neighborhood in Miami Beach are formed
by natural boundaries including the Atlantic Ocean to the east, Biscayne Bay to the west and
Government Cut to the south. Its north boundary is generally formed by the Collins Canal
along the southeast side of Dade Boulevard, reaching as far north as 24h Street between Indian
Creek and the Atlantic Ocean. It also includes the Sunset Harbour neighborhood across Dade
Boulevard to the north, between Biscayne Bay to the west of Alton Road and Sunset Drive.
This neighborhood comprises the southern part of a barrier island that connects with the
mainland areas of Miami-Dade County via two causeways - the MacArthur Causeway
(lnterstate 395) which connects northern portions of downtown Miami with 5ft Street in South
Beach, and the Venetian Causeway which continues west from the west end of Dade Boulevard
and l7m Street across the Venetian islands in Biscayne Bay to a connection at Biscayne
Boulevard/ U.S. Highway 1 in Miami.
Over the past 25 years, South Beach has undergone an enornous revival - transforming
from a run-down retirement community to an ultra-chic oceanfront tourist destination. It
includes four- and five-star resort hotels along the oceanfront, many within renovated existing
Art Deco buildings, along with popular retail districts and top-drawer restaurants that have
received world-wide accolades.
Land uses in South Beach are generally comprised of low- to mid-rise hotels along
Ocean Drive, a mixture of low- to mid-rise hotels and apartment buildings on Collins Avenue
and Washington Avenue to the immediate west, and low-rise apartment buildings on streets
between Washington Avenue and West Avenue. High-rise condominium towers dominate the
immediate Biscayne Bay frontage of the community to the west of West Avenue and Bay Road
BLAZEJACK & COMPANY
SECTION IINTRODUCTION
11
729
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
in South Beach. North of 15ft Street along Collins Avenue in South Beach is the Collins
Avenue Hotel District, which includes high-rise luxury hotels along the oceanfront and low- to
mid-rise hotels and apartments to the west of Collins Avenue.
This beachfront neighborhood offers numerous amenities for attracting tourists and
visitors beyond its wide sandy beaches and balmy weather. The Miami Beach Convention
Center is located along the west side of Washington Avenue in South Beach, and has one
million square feet of flexible space, including 500,000 square feet of exhibit space and 70
meeting rooms comprised of 127,000 square feet. The City announced a bid to re-vamp this
facility and add an adjacent 800-room convention center hotel, subject to voter approval in
November 2015. Immediately south of the convention center is the Fillmore Miami Beach
(a.k.a. Jackie Gleason) Theater, a performing arts facility in a classic Art Deco building. Across
17ft Street to the south is the New World Center, the home of the New World Symphony
orchestral academy. Designed by Frank Gehry, this 756-seat facility opened in 2011
accompanied by an outdoor projection wall and a 2.5-acre public park. Other cultural
attractions are centered around Collins Park to the west of Collins Avenue at 22"d Street, and
include the Bass Museum and the headquarters for the Miami City Ballet.
Lincoln Road is an open-air, pedestrian-only retaiVentertainment area running east/west
between 16ft and 17m Streets from Alton Road to Washington Avenue. The mall is well
landscaped with shelters, greenery and seating. Lincoln Road now features over 200 shops
including designer boutiques, national retailers, sidewalk cafes and restaurants, the Colony
Theater and a multi-screen movie theater. Major retailers include the Gap, Banana Republic,
Zara, H&M. Lucky Brand, Lofl/Ann Taylor, the Apple Store, Sunglass Hut, Pottery Barn,
BCBG Max Azria, Williams-Sonoma, Sketchers and French Connection. Balan's, Yuca,
Quattro, Rosinella, Segafredo, Rosa Mexicano, Meat Market and Sushi Samba Dromo are
among the restaurants found along Lincoln Road. Rents for prime retail space along this
pedestrian mall range from $250 per square foot, triple net, or among the highest in South
Florida.
Older Art Deco hotels along Collins Avenue between 5tr and 8ft Streets have been
gutted and remodeled for single-tenant retail store use, and now include tenants such as Armani
Exchange, The Gap, Kenneth Cole, Nine West, Ralph Lauren, the Levi's Store, Tommy
Hilfiger, Sephora and Victoria's Secret. Other retail areas include a new vertical shopping
BLAZEJACK & COMPANY
SECTION IINTRODUCTION
12
730
Miami Beach Gonvention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
center at 5ft Street and Alton Road featuring Best Buy, TJ Maxx, Staples and Ross Dress for
Less. Additional supporting retail uses are found along 5ft Street and Alton Road in this market.
The subject property is located along 17ft Street at Convention Center Drive,
immediately south of the Miami Beach Convention Center and west of the Fillmore Theater.
The New World Center is located across 17ft Street to the south.
Accessibility
The main north/south arteries in the South Beach area include Alton Road on the
western side, Collins Avenue on the east side and Meridian and Washington Avenues in
between. Major east/west cross streets include 5ft, 16ft and 17ft Streets along with Dade
Boulevard and 23d Street.
The accessibility throughout the neighborhood is good. Access to the mainland is
provided by the MacArthur Causeway (Interstate 395) at 5tr Street and the Venetian Causeway
at 17ft Street/Dade Boulevard, although the latter is undergoing rebuilding thus currently lacks a
connection to the mainland. The MacArthur Causeway directly intersects with Interstate 95 (I-
95) at the northern edge of downtown Miami and continues westward as State Road 836 to
connect with Miami International Airport, State Road 826 (the Palmetto Expressway) and
Florida's Tumpike. Miami Intemational Airport is located approximately 10 miles west of the
subject property, just north of State Road 836 and west of N.W. 42 Avenue. Fort
Lauderdale,T{ollywood International Airport is about 22 mlles to the north along I-95 just south
of Interstate 595. This neighborhood is also proximate to Port Miami, the world's busiest cruise
ship terminal, which is just east of downtown Miami on Dodge Island.
Conclusion
The immediate area of the subject reflects a mix of cultural uses and the Miami Beach
Convention Center. The subject property has a good location along the north side of lTth
Street adjacent to this convention center and next door to the Fillmore Theater. The Lincoln
Road retail/entertainment area is located one block to the south, and South Beach's attractive
Atlantic Ocean beaches are located approximately four blocks to the east. The subject offers
excellent access to the abundant recreational, shopping, dining and cultural attractions in its
South Beach neighborhood, with good accessibility to Miami Intemational Airport and the
cruise port at Port Miami.
BLAZEJACK & COMPAI\'Y
SECTION IINTRODUCTION
13
731
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
SECTION II MARKET ANALYSIS
BLAZF,JACK & COMPANY
SECTION II MARKET ANALYSIS
14
732
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
INVESTMENT CRITERIA & FINANCING AVAILABILITY
Nationwide, investment and development prospects for hotel properties are expected to
fall near the middle of the range among various other commercial property types. This is
illustrated by the tables below, which are obtained from Emerging Trends 2015, published by
PricewaterhouseCoopers, LLP, which is based on trends occurring prior to the start of that year:
fl,rrenolsi.]r.(l:iI i.t
ianlrl :r,1rr1ri,:
I nilad i8:)r:trt(ial:i
/r!.rln8:1
Tf.:ft,i1E rl-rl8Irts
lll"::i[il nilftr".
fril:*r[*h']ld,
Ai,!lturstr
lltrdrnl :,j'
F,1l r:.:tfi,rl
Srburbm oil
!..i ;ii{r:md,riofi'tnmrfr'
rl'{[,xir,q arnl$l
lnsriutionil lur lenl
singlr'rnilr
fr.sqisnnl n'tll5
i'omr lmisr:
*{t
&rf,
slts
a!5
alo
LN
g.0s
E-59
t-!n&
lllflml Pmr 'rair
ilnBlil:rusr rn0L.,lti..l,
I ir,rler: r$,/r:r h.1r'i
l!.rrim*nt\,tl Inrcne
lledir:rl r-i'ire
l',lE ili i,: i'.:,:d.,EtlnrTrL lr B
th:I,!,rr,; ,rer10r:
i.infiil rrlTciiic*
L5drimrnt
T{"[etdE in[onr]
Slud(nt i'.iL!ifig
F;$i rndl:lrir,
i,r.l iervre'ctrs
Frrtr-l :ertet:
Irsiiuti{nii lor renl
single lamily
S{burb.n oriIe
RE{rinJ{ irolis
3.St
egs
sr?
&rx
3:5
3.to
ao6
3.Or
l-I
Abysrnai P:,:r i.lir
ffiffiffiG
llcc.C Ixrellir:t
ffiG
[,:c.:i I {:rilenl
Exhibit 4-9 Hotel lnvestment Frospect Trends
?cff$ ru{r r00g ?01r
Scurue: Enmrgnng lrends,fl Eed Estate surveys.
lnmdmrntPmrp*ts Orrrlopmrnt PmsPccls
:013 ?015
15BLAZEJACK & COMPANY
SECTION II MARKET ANALYSIS
733
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
However, this includes investment and development attitudes for all lodging properties
nationwide. This source indicates that the surveyed hotel investors recommended buying hotel
properties in the Miami market more than any other hotel market nationwide:
Exhihit 3-11 U.S. Hotel Property Buy/HoldEell Hecornrrendations
\trami
[ :,: ltrt,;*l*s
l,hrh,il*
Itle* l irl Er:':,h. 1r-
r]1,:1,1,-:n
,l:;l:h,:mi lilt
!r I trr,:irt,:
l1,li,11ll:
ir.rll ..'
[t*r: I
li-.,i ;i1.apc is
/ti:lir
fir,* ?i:""; l,rii'i.:tl;r
ffi HoHW$
YSISr$$:i:-r$a ii:{
llt{
Ihs
WW
ffiW
3g.t
it$"8
ffiffiffiffi
llYrr-, ?trr:.Yr'&Pl,f-{1tl[flru11
c*;**. - "".,aaigii*;-.;rk,li*eli;iiM ii":ii;I;f,:#:-#P,l
-,i:,,
I i"l:l;'|',,l:" t-ffi','-,,. 1;";'o,."-^![fi
r {':l.@::-I}sf YIqlfIn:
r,f. ;, ," r , - -jj.,. k;.;sr,:; -: -*.&dlt
4.'ft.*.r1mPryhF*:ry.8u
sT,$
tE _1
{5-A
64.5
60.0
,1 :t rn'i l,tti;{:i:ilij1rlilfl
50.0
48.8
51.5
53..1
,,tij,u
Jones Lang LaSalle also tracks sales and investment trends for hospitality properties
nationwide. According to this source's 2015 Hotel Investment Outlook, global hotel investment
is expected to rise to $68 billion, a l5o/o increase over the previous year, driven by $3a.5 billion
in transactions in the U.S. Leading these investments for mature hotel markets (such as North
America) will be investment funds and private equity firms, followed by hotel operators and
REITs:
BLAZEJACK & COMPAI\TY
SECTION II MARKET ANALYSIS
16
734
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
Acquisltion volume hy market type
lmqs
s{6
s'1(
:r1&lU '!
tr96
s!6
,m$
st$,
2016
1096
096
! So.a.rag'rnalth fund
ml R6aletiate httstnrnt
tusl
h're€tn€ntfurd i
Pnvee Edty
ftier
l-idelserator
I tigtr nd'*ofth hdiu.intual
Daehgerl Prqsty
mnparv
C,apomtes
r &r* / Instltutryrd
lft€stcr
Mstute
Scx.rce. JLI- Reseanfr
Emrgrq
Financing sources for hotels nationwide include CMBS, financial institutions, insurance
companies, pension and debt funds, and REITs. Terms and pricing vary by source, and are
dependent on current cash flow performance.
HOTEL MARJGT ANALYSIS
Economic Trends Affecting Hotel Demand
Amid measureable improvements across most commercial sectors of the economy, the
Miami-Dade hotel industry has shown steady improvement and investment since 2010,
emerging as one of the top U.S. hotel property markets for investment and development. While
unemployment rates remain higher than the national average, labor markets have posted
consistent growth with a decline in this rate over time. Long term, Miami's infrastructure
expansion (ongoing port, air and rail projects which tie into each other and mass transit), strong
ties to international trade and the area's market position as an international tourist hot-spot
position the city's hotel market to outperform much of the rest of the U.S., competing favorably
with other major hotel markets in the country during the near term.
BLAZF,JACK & COMPANY
SECTION II MARKET ANALYSIS
17
735
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
The Miami hotel market has experienced a corresponding improvement in its rate and
occupancy performance since 2010, according to data from Smith Travel Research (STR),
placing it among the top five markets in the U.S. in terms of ADR, occupancy and RevPAR
(Revenues Per Available Room):
Hotel Occupancv: U.S. Averaee 62.3%0 in 2013 (Smith Travel Research)
2013
Rank Citv
New York
Oahu lsland
San Francisco
Miami
Los Angeles
2013 2012 2011
1
2
3
4
5
84.696
83.7%'
83.0%
?7.9%
75.8%
83.796
84.7%
80.3%
76.5%
75.4%
81.9%
75.0%
75.396
7L.4%
7L"LTa
Hotel ADR: U.S. Averaee $110.50 in 2013 (per Smith Travel Research)
2013
Rank Citv
1 New York
2 Oahu lsland
3 San Francisco
4 Miami
5 Boston
2013 2012
S2s8"s7
s209.01
$187.7e
$rre.ee
Sroq.il
s2s1.1s
Srsr.sz
Srzr.ao
$rss.44
S1s8.s9
2011
527s.04
S169.44
$lso.rg
$!.60.14
$rsg.zo
Hotel RevPAR: U.S. Averaee $68.69 in 2013 (per Smith Travel Research)
2013
Rank g!!y 2013
Szra.es
Srz+.eg
Srss.sg
$rgz.so
$rzo.ze
20L2
Szro.rr
Srss.qz
Srsz.ss
Srzs.oo
S113.e2
2011
522s.24
$rzz.or
Slrz.s+
9rra.gs
Sroz.rq
1
2
3
4
5
New York
Oahu lsland
San Francisco
Miami
Boston
BLAZEJACK & COMPANY
SECTION II MARKET ANALYSIS
't8
736
Miami Beach Gonvention Center HotelSite, Miami Beach, Florida
REPORT 201 533
In 2014, STR reported that RevPAR for Miami hotels increased by 7% over the
previous year, to 5144.87. With occupancy growing by 0.4 percentage points in this market to
78.3% 2014, this RevPAR growth rate was also attained from a 5.8o/o increase in ADR (to
S185.12) n 2014. RevPAR growth in Miami was also reported by Jones Lang LaSalle to be
among the top five US hotel markets since the peak that preceded the Great Recession.
Additionally, Miami hotels recorded the greatest nominal ADR growth (33%) over the
past decade when compared to other major cities, with RevPAR growth reported by Jones Lang
LaSalle among the top five US markets since the peak that preceded the Great Recession. This
premium is driven by high-rated properties and the significant number of upper-tier hotel
developments and conversions (including redevelopment) throughout the metropolitan area.
These improvements, along with the numerous development announcements and hotel
site sales, have made hoteliers very bullish on Miami. According to the Greater Miami
Convention & Visitors Bureau, as well as various news releases, new hotel development in 2014
was predominated by properties introduced in Miami Beach, totaling 2,651 new rooms. This
included the Redbury, the Gale, the Hilton Cabana and the Marriott Edition in Miami Beach. A
BLAZr,JACK & COMPANY
SECTION II MARKET ANALYSIS
lictrrce ,1,:nes Lang La$alle
19
737
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
lower number of new hotels are expected to open in this market in 2015, with several in the
following list opening in June 2015.
This will be followed by a surge of new hotels slated for the Miami CBD and Brickell
markets in mainland areas of Miami-Dade County in 2016 and20l7:
The Miami area is a popular destination for domestic tourism, in addition to being an
intemational crossroads that functions as the "Gateway to the Americas" connecting the Central
and South American economies with North America. According to statistics compiled by the
Greater Miami Convention and Visitors Bureau, there were more than 14.2 million ovemight
visitors to Miami n2013, an increase of 2.2o/o over the previous year, of which just over half
BLAZEJACK & COMPANY
SECTION II MARKET ANALYSIS
Hotel Neme Locedoa Rooms Stetns Comdetior
Nautilus Hotel
Riu Plaza
AC Hotelby N{arriott
Faena Hotel
Aloft Hotel
One Hotel
Berteley Shore
H,vatt South Beach
Jade Hotel
Grevstone
i8l5 Collins Ave.
3101 Collins Ave.
l91l Collins Ave.
3l0l Collins Ave.
]i60 Collins Ave.
l3?? Collias .A.r,e.
1610 Collins Ave.
1500 Colllius Ale.
Jaores Ave. & 18th St"
l9l0 Collins Ave.
l-{l
tEr
150
169
t39
,ll7
64
105
70
9]
t015
t0l5
.t0l_5
1015
:015
:015
1015
l0l5
3016
l0l;
Under Renovation
Under Renovation
Under Constnrction
LInder Construction
Under Renovation
UnderRenovation
Under Renovatiou
Uuder Coustnrctiou
Proposed
Total
I-angford Hotel
EAST Hotel
SIS Brickell
MEMelia Hotel
Atton Hotel
Horrpwood Suites
Met Square Marriott
Canopy by llilton
Hotel lndigo
Marriott Marquis
Cambria Suites
Panorama Hotel
SIS Lux
Hyatt
12l S.E. lst SI./CBD
Brickell CityCentre
1300 South MiamiAve.
Biscyane BI. & NE I0 St.
1500 S.W. lst Ave.
1750 S.W. lst Ave.
Met Square
1001S.W. lstAve.
145 S.W. ll Street
MiamiWorld Center
165 S.W. 12 Street
1l0l BrickellAvenue
1300 South MiamiAve.
One Brickell
N.E. 14 St. &N.E 2nd Ave.
132 UnderRenovation 2015
263 Mid-Construction 2016
133 Mid-Construction 2016
135 Planned Renovation 2016
270 Early Construction 2016
103 Mid-Construction 2016
188 Early Construction 2016
247 Proposed 2011
140 Proposed 2017
1,800 Proposed 2017
ll0 proposed 2017
250 Proposed 2017
60 Proposed 2017
200 Proposed 2018
Total
20
738
Miami Beach Convention Genter Hotel Site, Miami Beach, Florida
REPORT 201 533
were intemational visitors. These
visitors. Due to the strengthening
domestic visitors in 201 4.
Increased visitation has led
figures increased 2.4o/o tn 2014 to 14.6 million ovemight
U.S. dollar, the increase in visitation was primarily led by
to higher room night sales for area hotels.
51.9% 51.7%
48.1% 48.3%
100.0% 1m.D6
49.8% 50.1%
50.2% 49.9p.6
1m.0% 100.0%
50.996
49.1%
100.0%
Source: Greater Miami Convention & Visitors Bureau
IEEEEEH
Domestic Visitors
lntemational Visitors
Total Overnight Visitors
Domestic Visitors
lntemational Visitors
Total Overnight Visitors
t000)
5,5d14.0
6,060. L
12,504.1
t00o)
5.9q.8.5
6,495.7
13,444.2
(000)
7,074.9
6.833.7
13,908.6
(0o0)
7,O87.2
7,L31.7
14,218.9
i0001
7,303.2
7,260.0
14,563.2
3.0596
1.809o
2.42%
BLAZEJACK & COMPANY
SECTION II MARKET ANALYSIS
21
739
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
Key Biscayne,
1.5$6
Distributi on of Total Overnight Visitors
By Area of Lodging,2014t
South Miami
Dade,3.9%
Doral, 3.3St
Coconut
Grove, 1.59t
North
DadelSunny
lsles Beach,
8.8S
The following chart shows passenger trends through Miami International Airport
(MIA) from 2005 through 2014, a gauge of visitation trends in this market. After the impact
of the Great Recession during the last decade, passenger traffic regained its previous growth
pattern.
Intemational Total
Passengers Yo of Passengers %
Period (000s) Total (000s) chanse
2005
2006
2007
2008
2009
2010
20n
2012
2013
2014
14,241 45.9% 31,008
t4,728 45.3% 32,534 4.9%
t5,541 46.1% 33,740 3.7%
16,147 47.4% 34,0& 1.0%
t5,970 47.1% 33,890 -0.5%
t6,892 47.3% 35,698 5.3%
t8,418 48.1% 38,3t4 73%
t9,372 49.1% 39A67 3.0%,"0,202 49.8% 40,563 2.9%
t0.097 49.r% 40"942 0.9%
Source: Miami-Dade County Aviation Dept.
Miami's role as an important international destination shows in the increasing share of
total travel by intemational passengers which increased from45.3%o in 2006 to almost 50.0% in
BLAZF,JACK & COMPANY
SECTION II MARKET ANALYSIS
22
740
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
2013. The weakening of the U.S. dollar, coupled with robust economic performance in the
Latin America region, helped fuel continued growth of international visitation during that
period. In20l4, the dollar began to strengthen, while some European economies weakened and
economic sanctions targeting Russia took effect. This may explain the minor decline in
intemational arrivals to Miami that year. Nonetheless, overall passengers handled at MIA
continued to grow, supported by an increase in domestic passengers in 2014.
Hotel Demand - South Beach
Hotels in the subject's South Beach market primarily accommodate leisure demand
from vacationers visiting this resort market. Demand from the group segment of the market is
secondary, and is primarily influenced by events and trade shows staged at the Miami Beach
Convention Center (MBCC). This facility is located between Washington Avenue and
Convention Center Drive in South Beach, to the north of 17ft Street. It has one million square
feet of flexible space, including 500,000 square feet of exhibit space and 70 meeting rooms
comprised of 127,000 square feet. Historic trends in attendance and hotel room night sales from
events at the MBCC are noted below:
tt,BGC
Events, Afrendance and Roorn Nights
FY 200,9
FY 20{0'
FY 2O{I
FY 2012
FY 2013
FY 2014
Number of
Events
94
105
118
132
115
134
Room
Attendanc+ llighk
632,700 229,000
708,800 103,1oCI
661,600 199,200
661,300 175,500
589,700 132,600
738,000 14r,400
'Super Borltr in Miami.
Source MBCC and GMCVB.
BLAZF,JACK & COMPANY
SECTION II MARKET ANALYSIS
23
741
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
The City of Miami Beach is planning a renovation and expansion of this facility, with a
winning bid provided to plans submitted by Portman Holdings. The project will include
renovation of the exhibit halls and meeting rooms, pre-function and support spaces including
loading areas, kitchens, bathrooms, and exteriors. The expansion will provide 60,000 square
feet of additional ballroom and meeting space, and the conversion of the MBCC's parking lot
across Convention Center Drive into a 6.5-acre public park, with replacement parking moved to
the roof of the convention center building. Most hotels in this market have minimal meeting
space as this market segment is a secondary demand generator for room night sales due to the
neighborhood's beachfront/resort location. A secondary amount of corporate/business guest
demand is also present.
Most of the demand from the leisure market segment peaks in the winter season, when
the entire Miami area enjoys peak occupancies and average rates, and during special event
weekends such as the Miami Intemational Boat Show, the Coconut Grove Arts Festival, Art
Basel, and college football bowl games. Additional leisure demand is generated by the South
American and European tourist markets during July and August.
Leisure Segment
The leisure market segment consists of individuals and families who are spending time
vacationing in the area. Their travel purposes may include recreational activities such as
lounging on the region's numerous beaches or at hotel pools, playing golf or tennis, spa/fitness
and health, swimming and relaxation. Other activities include shopping, touring, dining,
nightclubbing, sightseeing, etc. Leisure demand is strongest Friday and Saturday nights, and all
week during holiday periods. Peak periods occur from November through March, when
Miami's balmy weather attracts visitors escaping the winter chill in other areas of North
America.
Future leisure demand is related to the overall economic health of the national and
global markets; this is evident from the data on passenger traffic at Miami Intemational Airport,
which is roughly half domestic and half intemational. Trends showing changes in state and
regional unemployment and disposable personal income often have a strong impact on leisure
visitation. As the national and global economies have recovered from the effects of the Great
Recession, hotel occupancies and rates in this market have improved as additional room night
BLAZEJACK & COMPAI\Y
SECTION II MARKET ANALYSIS
24
742
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
sales have occurred from the leisure segment of this market. South Beach is a premier vacation
destination with a worldwide appeal, offering wide sandy beaches, shopping, dining, nightlife
and recreational amenities for attracting visitors and room night demand in this market segment;
these were outlined in the Neighborhood Analysis section of this report.
Group Segment
The meeting and group market includes meetings, seminars, conventions, trade
association shows, and similar gatherings of ten or more people. Peak convention demand
typically occurs in the spring and fall. Because of vacations, the summer months represent the
slowest period for this market segment; winter demand varies. Due to the dominant demand
from the leisure segment, most hotels in this market feature limited meeting space. Most
demand for room night sales from the group segment is generated by activity at the Miami
Beach Convention Center in this market.
Primary group demand sources include corporate groups, associations, and SMERF
(social, military, educational, religious, and fratemal) groups. Corporate groups take the form of
training programs, sales meetings, division conferences, and similar events with a business
purpose. Association group demand includes national, regional, and state associations.
Professional associations and/or those supported by members' employers. The SMERF market
consists of groups that are social, military, educational, religious, or fratemal in nature. Group
guests at the subject properly are anticipated to be minimal, as the property will not offer
significant event space to attract this market segment.
Business/Commercial Segment
The commercial segment incorporates demand derived from the local businesses.
Commercial demand is relatively constant throughout the year, although some declines are
noticeable in late December and during other holiday periods. The commercial segment
includes individual business travelers and corporate accounts. Corporate accounts are generated
by local companies; demand in this sub-segment may include employees of the firm or its
affiliates, and often consists of training groups.
Miami Beach's corporate community features creative firms in the entertainment and
fashion industries. Most of the regional business employment is centered in the Cenffal
Business Districts of Miami and Coral Gables, in areas surrounding Miami International
BLAZEJACK & COMPAIIY
SECTION II MARKET ANALYSIS
25
743
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
Airport, and areas between the Palmetto Expressway and Florida's Turnpike north of State Road
836. Commercial demand is expected to increase consistent with the ongoing recovery in the
local and national economies.
Existing Competitive Supply
Once the proposed development is completed, the subject will be among the largest full-
service hotels in Miami Beach, with a major international luxury hotel chain affiliation. It will
be located several blocks from the city's attractive Atlantic Ocean beaches, but will be adjacent
to its convention center and one block north of the popular Lincoln Road pedestrian
retail/entertainment area. The primary competition for the subject is anticipated similar larger
and/or chain-affrliated luxury hotels in this market, although these are primarily located along
the city's beaches. These are summarized below:
The Fontainebleau 1,440 S547 S204
Loews Miami Beach 790 5469 $267
Eden Roc 627 $384 $326
The James Royal Palm 393 5569 $243
W Hotel South Beach 349 $742 $449
Shore Club South Beach 308 S416 $239
The Palms Hotel & Spa 251 $362 $215
Marriott Stanton 224 $599 $199
Hilton Bentley 95 $599 $279
TotaVAverase 4.477 $521 5269
BLAZEJACK & COMPANY
SECTION II MARKET ANALYSIS
26
744
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
-j-td*-l* H-.il
E"Irr'1t.!6l
Ihe Palnrr Hotel d. Spa
€E:
nl
,,t\',
z:2
ll :
df,1\ Hotel ioutb B*lrh
fhp \hore ( lub South Berch
'-fl"*----tljrffi;;I
'ltlanttc0ceanSI"BJfIT IIONL STTI
ieiaod
,r'J;6'i
H,s,ScLs ls,'and
[i
-Q7 ,.
D;q' o -..--. -. , .:- ;u
i
The following table summarizes the historical occupancy, ADR, and RevPAR
performance of this set of competitive hotels based on data compiled by STR, for each
trailing 12-month period ending in November of that year (the most-recent data available for
this set of hotels).
Slar lsland
>
u
Yerr 20
No. Davs -l
Room)iightsAvailable 1.6i8,58:
Occupancy 15"9/o
Room Night Sales 1.214,198
ADR $r95.;l
T otal Revenues (000s) 5,167 9{7
Rer'PAR 9224"55
etr 2013
No. Davs 165
Room Nichts Available 1.6i4.105
Occupancy 77-0o/o
Room Night Sales 1,257,955
ADR 5321 53
Total Revenues (000s) $104,475
PAR 5247.52
Yerr 2014
No. Davs i65
RoomNichtsAvailable 1.6i.1.105
78
Room Nicht SalesRoom NiStt Sales 1,282,826
ADR 53] 8.5J
Total Resenues (000s) $.114.:?7
R*PAR $265.
In conclusion,
favorable period for
healthy increases in
the Miami-area and Miami Beach hotel markets are experiencing a
investment and revenue growth, with high levels of occupancy and
ADR and RevPAR. Despite the introduction of several new and
BLAZEJACK & COMPANY
SECTION II MARKET ANALYSIS
27
745
Miami Beach Gonvention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
redeveloped hotel properties
long-term outlook for hotel
positive.
that are expected to occur in this
performance and investment in
market in the near term, the
this market remains quite
BLAZEJACK & COMPANY
SECTION II MARKET ANALYSIS
28
746
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
SECTION III DESCRIPTIVE DATA
BLAZEJACK & COMPANY
SECTION III DESCRIPTIVE DATA
29
747
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
SITE DESCRIPTION
tr ,-. r 1.1r ; rtl.)
I
&t I ,\&t ii r ,r
tlr tt,:fiF
{U 8L
!r[ tr(), Fa
I
I
a
Ir;
at'
It
3
Ipulf. q l tAt
f-t'1,{-},i(Jfitr-
t sAnrf*rl
&45E}|Llir
,l .i.rl ArlHt
,;) 515 SCFt
rl f.r$i, i n* fifl
f{ t lLl uti t r}
AREA WITHIN
NEW HOTHT SNTE
?"ss A*Rxs I
11S,il$S $QFT
htit Pt
fiJ1f'rt{tAt ?"} s(r8Ai)\ {r,ht'
Northeast comer of 17ft Street and Convention Center Drive, Miami
Beach, Florid4 33139. The property is west of the Fillmore (Jackie
Gleason) Theater and south of the Miami Beach Convention Center.
02-3227-0000-0090
2.65 acres (approximately) or 115,265 square feet
Generally rectangular
Generally level and at road grade
CCC, Convention Center District, City of Miami Beach.
PF (CCC), Public Facility, Convention Center, City of Miami Beach
(*.,
tI
I
I
JTf{fil
Ji)qrl
,1,Q5i
!
TJ'
1
I
It{
).-l
T
t
t
I
t
Y
;-
,
Location:
Parcel Folio No. (Parent Tract):
Site Area:
Shape:
Topography:
Zoning Designation:
Future Land Use Designation:
,.ii,.. r.1,,,) i tt: [] A tril f_iI r'rl
LLli*iL il{ r,lUr-L
BLAZF,JACK & COMPANY
SECTION III DESCRIPTIVE DATA
30
748
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
Historic District Designatron:
Soil Conditions:
tlti lities:
Water:
Sewer:
Electric:
Phone:
Access:
Land Use Restrictions:
Flood Insurance:
Current Improvements:
Comments:
tt
.i
q
r*i f;
d. affrtr{{lll7er.G,rl* rF
None
No soil report of the subject parcel has been reviewed; however, it is
assumed the soil is of sufficient load-bearing capacity to support the
structure. No evidence to the contrary was observed upon our
physical inspection ofthe site.
Miami-Dade County
Miami-Dade Counfy
FPL
Available
17ft Street, Convention Center Drive
Iffully approved, the proposed lease for the site also places it under
a Restrictive Covenant, limiting the site's use to an 800-room
convention center hotel with related meeting/banquet space, food
and beverage operations, and amenities.
According to the Federal Emergency Management Agency's Flood
Emergency Management Agency's Flood Insurance Map,
Community Panel No. 12086 C0 317L, dated Sep 11 2009, the
property appears to be within the Zone AE (EL-S). Insurance
requirements applies, however, a qualified insurance agent should
verify and render a final opinion.
Parking lot, ancillary buildings to the neighboring Fillmore Theater
The site appears to have an adequate width and depth to support its
proposed highest and best use. It will be leased under "as is" terms
with its current improvements and conditions in place.
titrn€rE
Thc!tar
e
&B
{
r
$*
fr.
Ts
i
I
I
{
l
t
td
t
C?
n!$
ta. #orE
| :;*enor1
I t e. worlo
I Prrmg
tre
Porl(fl5
6r|6t
i
|\trtrr't
BLAZEJACK & COMPANY
SECTION III DESCRIPTIVE DATA
31
749
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
DESCRJPTION OF IMPROVEMENTS
The subject is cunently improved with a parking lot and low-rise ancillary buildings for
the adjacent Fillmore (Jackie Gleason) Theater to the immediate east. If the proposed
redevelopment and ground lease are approved, however, this does not represent the property's
highest and best use.
The City has sought bids to develop the subject with an 800-room luxury hotel that will
serye as the headquarters hotel facility for the adjacent Miami Beach Convention Center. The
City requires that this hotel will also offer meeting space and food and beverage facilities that
are comparable to other North American convention center hotels that maintain a four-diamond
rating by AAA. The property must also contain a parking sffucture with a minimum ratio of 0.4
spaces per guest room, and the total building cannot have a height exceeding 300 feet (which is
approximately 30 stories). The developer will also be provided an easement to construct an
enclosed pedestrian skybridge connecting the hotel directly to the Miami Beach Convention
Center.
A fuither description of the proposed redevelopment of this property by its awarded
bidder (Portman Holdings) is presented in the Addenda of this report. Also, the owner of these
improvements that have been proposed are assumed to be subject to a Neutrality Agreement
described in the Extraordinary Assumptions presented elsewhere in this report.
REAL PROPERTY TAXES AND ASSESSMENTS
The subject properly is assessed under the jurisdiction of Miami-Dade County, Florida.
The assessment for the property is established each year as of January 1" by the County
Property Appraiser's Office at 100 percent of "Just Value". Just Value has been equated to
Market Value less closing costs. While the State of Florida requires real estate to be assessed at
100 percent of Just Value, in reality, the ratio of the assessed value to sales price is generally
below 100percent.
Tax due is computed according to annual millage rates established by the city, county
and state. Millage rates are the amount paid per $1,000 of assessed value. The 2014 calendar
year is the most recent year for which assessed valuation information is available. The subject
is part of the larger, 37-acre Miami Beach Convention Center tract, which includes the
BLAZNJACK & COMPANY
SECTION III DESCRIPTIVE DATA
32
750
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
convention center and the Fillmore Theater. The total assessment for this parent tract was
$17I,976,229. As the property is owned by a municipality (he City of Miami Beach), it is fully
exempt from property taxes.
ZONING
The subject property is zoned CCC, Convention Center District, by the City of Miami
Beach. This facilitates the use of the site with the Miami Beach Convention Center which is
located to the immediate north. The City has proposed a lease of the site for a convention center
hotel development. Thus, if this lease is approved, the site is zoned for the specific convention
center hotel development outlined in the Description of Improvement section of this report.
HIGHEST AND BEST USE
According to The Dictionary of Real Estate Appraisal, published by the American
Institute of Real Estate Appraisers, the highest and best use may be defined as:
I That reasonable and probable use that supports the highest present value of vacant land or improved
property, as defined, as ofthe date ofappraisal.
The reasonably probable and legal use of land or sites as though vacant, found to be physically possible,
appropriately supported, financially feasible, and that results in the highest present land value.
The most profitable use. Implied in these definitions is that the determination of highest and best use
takes into account the contribution of a specific use to the community and community development goals
as well as the benefits of that use to individual properly owners. Hence, in certain situations the highest
and best use of land may be for parks, green belts, preservation, conservation, wildlife habitats, and the
like."
Highest and best use (H&BLI) is analyzed under two separate applications or scenanos:
(l) highest and best use ofthe site as though vacant and (2) highest and best use ofthe property
as improved. The highest and best use of the site as though vacant is based on the theory that
land will be put to its maximally productive use and this use will determine the highest site
value. It is the basis for valuing the site.
Highest and Best Use as if Vacant
The first test is what is physically possible. The subject's 2.65-acre site does not impose
physical development restrictions. All utilities are available to the property, whose topography
is level and at road grade with its abutting streets which are both bi-directional roadways. The
BLAZEJACK & COMPANY
SECTION III DESCRIPTIVE DATA
33
751
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
subject site is located at the northeast comer of 17e Sheet and Convention Center Drive,
immediately south of the Miami Beach Convention Center in South Beach.
The second test concerns permitted uses. Assuming that the ground lease proposed for
the properly has been approved and is in place, the site may be improved with a luxury
convention center hotel with up to 800 rooms that includes meeting space, food and beverage
outlets, and other amenities, in a building whose height does not exceed 300 feet (about 30
stories). This hotel would serye as the headquarters hotel for meetings, trade shows and other
events held at the adjacent Miami Beach Convention Center.
The third and fouth tests are, respectively, which uses are financially feasible and what
use will produce the highest (maximally productive) net retum. Hotel development and
redevelopment is actively occurring in Miami Beach as developers and investors take advantage
of favorable market conditions for this property type. Rates are climbing and occupancies are
strong, with the Miami-area market among the strongest hotel markets in the nation. The timing
of any development to this properry, if vacant, would depend on the type of hotel and its
amenities. Such a development appears to be feasible in the current market, provided costs for a
luxury hotel development (including, direct and indirect costs, FF&E, pre-opening and working
capital costs) are budgeted properly.
The maximally productive use represents the development that would provide the
greatest retum on the land. The proposed lease on the subject site that requires approval from
the City of Miami Beach and its registered voters calls for the development of an 800-room
luxury hotel with expansive meeting space and food and beverage outlets in a building whose
height does not exceed 300 feet. This hotel would serve as the headquarters for meetings, trade
shows and other events held at the adjacent Miami Beach Convention Center, which has a total
of one million square feet of meeting and exhibit space. It is worth noting that on the opposite
side of Biscayne Bay, a new 600,000-square foot convention center and meeting venue is
planned as part of the proposed Miami World Center project in downtown Miami, which will
also include 765,000 square feet of retail space. This convention facility at Miami World Center
will be served by a much-larger headquarters hotel that will have a total of 1,800 guest rooms.
This appears to suggest that a larger headquarters convention hotel may be supported by the
BLAZEJACK & COMPANY
SECTION III DESCRIPTIVE DATA
34
752
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
Miami Beach Convention Center, given its larger size. This would provide a higher density of
development at the subject site, enhancing its value to an owner and developer.
However, an altemative development of a larger convention center hotel at the subject
site would require an expanded analysis of the impact on such a project on the existing hotel
market in Miami Beach, and on the surrounding South Beach market. Such a study is beyond
the scope of this appraisal assignment. For the purposes of this appraisal, it is an assumption
that the 800-room convention center hotel development proposed for the subject site represents
its highest and best use, given the impact of such a facility on the surrounding market in South
Beach and the possibility of gaining approval for such a development from the City of Miami
Beach and its registered voters.
Based on the above-cited factors, it is our opinion that the highest and best use of the
property, as if vacant is consistent with its proposed development into a luxury, fuIl-service
convention center hotel with 800 guest rooms, meeting space, food and beverage outlets, a
parking structure, and other amenities consistent with a four-diamond, AAA-rated convention
center hotel in North America.
Highest and Best Use as Improved
The subject property is improved with a parking lot and low-rise ancillary buildings
which are part of the adjacent Fillmore Theater to the immediate west. If the ground lease is
approved, the subject site would be restricted to a convention center hotel use in a structure with
a much-higher density. It is likely that these existing ancillary buildings would no longer
contribute to the property's value, with a much-greater value realuedif developed to its highest
and best use if vacant. From this analysis, the subject's highest and best use "as improved" is
synonymous with its highest and best use as if vacant.
Highest and Best Use Conclusions
Use Luxury Full-Service Convention Center Hotel
Timins Current
User Uoscale Hotel Guests
Buyer Hotel Developer/Investor
The subject property is improved with a parking lot and low-rise ancillary buildings
which are part of the adjacent Fillmore Theater to the immediate east. If the ground lease is
approved, the subject site would be restricted to a convention center hotel use in a structure with
BLAZF,JACK & COMPANY
SECTION III DESCRIPTIVE DATA
35
753
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
a much-higher density. It is likely that these existing ancillary buildings would no longer
contribute to the property's value, with a much-greater value reahzed if developed to its highest
and best use if vacant. From this analysis, the surbject's highest and best use "as improved" is
synonymous with its highest and best use as if vacant.
BLAZEJACK & COMPANY
SECTION III DESCRIPTIVE DATA
36
754
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
SECTION IV: LEASE ANALYSIS
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
37
755
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
GROUND LEASE ANALYSIS
Ground Lease Analysis
Most examples of ground leases for convention hotels involve inducements by the local
govemment to attract developers to build. An example of this is the Loews Hotel on South
Beach in Miami Beach. This hotel's ground lease was set at a minimal rate, and included a
purchase option of the land by the developer. This type of option would not be included during
periods when the market is strong and land prices are high. Land prices in Miami Beach are
quite high today compared to other markets in South Florida as this neighborhood has
undergone an unprecedented period of gentrification and renewal over the past 25 years. In
addition, the hotel market is also doing good business with healthy increases in average daily
rates (ADR), strong occupancy and substantial interest in investment and (re)development.
A ground lease reduces the amount of cash a developer has to pay up front in order to
build a major project. The typical ratio of land to project cost ranges from l0% to 25Yo,
depending on location and size. Ground lease payments are deductible, while land is not
depreciable. Another important consideration is that the ground lease must have terms that are
attractive for lenders seeking to provide financing. These lending sources typically prefer leases
with the following provisions:
o Longer lease terms, preferably 99 years;
o Leases with at least 20 to 30 years remaining after loan maturity;
o Language allowing for the lender's takeover of the mortgage in the event of
default by the land tenant;
o Language allowing the tenant to obtain a leasehold mortgage without the
landlord's consent;
o Assignment provisions that are sufficiently liberal in order to allow the lease
to be assumed by a lender or other purchaser in a foreclosure sale, or by a
party who may thereafter wish to purchase the hotel from such lender or
purchaser;
. Rights to control insurance proceeds to allow the tenant to rebuild after a
casualty, to demand a new lease in the event the original lease is terminated
due to bankruptcy of a tenant or an incurable default, to receive notice of and
to cure the default of the tenant, and to approve any lease amendments.
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
38
756
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
Aside from lender protections, rent provisions are also important. Typically, the amount
ofannual rent paid under a ground lease should reflect a percentage ofthe value ofthe land; this
percentage should also represent a reasonable retum to the fee simple owner of the property,
compared to other investments. Some rent provisions also require the payment of a percentage
rent ofgross revenues once a certain level has been reached, or ifa sale ofthe leasehold interest
exceeds a certain dollar amount (usually at an amount that provides a fair return to the leasehold
party to the site's ownership interest). There are many related issues involved in calculating the
amount paid in rent under a ground lease agreement. A landowner will want to avoid
subordinating its fee to a construction loan, which would put it at risk of losing the land to the
developer's lender. The landowner may also want approval rights over the hotel operator in
order to insure a quality project; this is particularly true in the case of ground leases for
convention hotels, in which the local municipality would prefer the best possible hotel operation
to maximize room taxes and expenditures from guests visiting the area. Finally, most ground
leases are purely triple net, where the tenant is fully responsible for all operating costs to the site
including property taxes to the land, insurance, maintenance, management and any capital
improvements.
The proposed ground lease for the subject convention center hotel site is summarized in
the following lease abstract.
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
39
757
Miami Beach Convention Genter Hotel Site, Miami Beach, Florida
REPORT 201533
Lessor City of Miami Beach
Lessee To be determined
Leased Property 2.65-acre hotel site
Property Delivery Condition As is
Term 99 Years
Effective Date of Lease At City's acceptance of voter referendum
approving the lease
Possession Date Date when the site is delivered to the lessee
Commencement Date Financial Closing Date
Rent Commencent Date At Hotel Opening Date
Rent Calculation Periods
Year I Through end of lst calendar year after Rent Commencement)
fubsequent Years Based on calendar years for rent calculations
Outside Completion Date September 30,2019
Base Rent 2.5o/o of C:ross Operating Revenues
Minimum Base Rent
Year I $209,279
Year 2 $492,545
Year 3 $892,706
Year 4 $ 1,458,413
Years 5 through 99 Increases at 2.0Yo per year above the Year 4 minimum base
Additional Percentage Rent Begins in Year 4
I st Stage 1.5% of Cross Revenues above I I 0% projected for that Year
2nd Stage 2.5% of Gross Revenues abve 125oh projected for that Year
Init ial Rent Concessions
Year I - the Cneater of Minimum Base Rent or 0.5o/o of Gross Revenues
Year 2 - the Cneater of Minimum Base Rent or L0% of Gross Revenues
Year 3 - the Cneater of: Minimum Base Rent or I .5o/o of Gross Revenues
Goss Operating Revenues All income of any nattne from the hotel including
room sales, food & beverage sales, catering receipts,
telecommunication services, parking/valet services,
vending gross receipts, gift shop revenues, business
center revenues, & rents from third-party concessions.
AdditionalRentatSaleof Hotel Thelesserof $2million or0.25Yoofthesaleprice
(less closing costs) of the hotel, but only if the
first sale of the property is at a price exceeding
$580 million
Lease Terms Fully Net
Other Terms Voter approval of lease required (on Nov. 3, 2015)
Approvedhotel operator Marriott, Westin, Omni, Hyatt Regency,
La Meridien. or Hilton
As can be seen in the table above, the proposed ground lease for the subject properry
contains terms and conditions that are typical for the market, with provisions that would be
favorable for allowing for financing its potential development by the land tenant to its highest
and best use (a large, full-service convention center hotel). Provisions also include City (the site
owner) approval of the hotel operator at a level of quahty that maximizes its potential revenue
BLAZF,JACK & COMPANY
SECTION lV: LEASE ANALYSIS
40
758
Miami Beach Gonvention Center HotelSite, Miami Beach, Florida
REPORT 201533
generation, upon which rent payments will be made. The lease is fully triple net, with a 99-year
term, with a minimum fixed rent included for the landlord's protection in case of a market
downturn or other unforeseen events.
Instead of basing the annual rent from this proposed lease on a return on the site's value,
these annual payments are based on a percent (2.5%) of the gross revenues generated by the
hotel once it is completed and commences operations. This amount is reduced in the first three
years of the 99-year lease term in order to allow the land tenant's hotel operation to reach a
stabilized level of occupancy and revenue generation, once the hotel improvements are
completed and opened to guests. This is compared to the terms of leases from municipalities on
other commercial properties that have occurred in South Florida, summarized below:
Parrot Jungle I 9 Acres City of 60 Years 5502,000 Plu 5% to 60lo of Revenues
Watson Islanq Miami Attraction Miami
Bayside Marketplace 5-10 Acres City of 75 Years $1,000,000 Or 3.5% ofNet (2012 rent
Downtown Miarni Retail Miami was5.75% of rental income)
The Palace 1.6 Acres City of 99 Years $237,500 Plus 2% of Goss Revenue
Downtown Coral Gables ACLF Coral Gables
C-ables Crrand 2.5Acres City of 99 Years $200,000 Phs 3% of Goss Reventp
Downtown Coral Gables Apartments Coral Gables
Dadeland Marriott 1.0 Acre Miami-Dade 90 Years $280,000 Or 2.07o of Goss Revenue
Kendall/Dadeland Area Hotel County
Dadeland Station 7.5 Acres Miami-Dade 90 Years $400,000 Or 5.0o/o-5.5o/o of Crross Revenue
Kendall,/Dadeland Area Retail County
Convention Hotel 4.4 Acres BrowardCounty 99 Years $250,000 Plus2.0% ofRevenue
Fort Larderdale Hotel
Crrove Key Marina 5.2 Acres City of 2 Years $516,600 Or 10.3% of Revenue
Coconut Crrove Marina Miami
Village of Menick Park 8.4 Acres City of 90 Years $550,000 Ph.s 20% of Net Income
Coral Cables Retail Coral Gables after I l% PreferredReturn
Bayshore Landing N/A City of 50 Years $277,500 Or 5.0%-10.0% of Goss Revenr.rc
Coconut Gove Restaurants Miami
Rusty Pelican N/A City of 99 Years $360,000 2.0%-5.8% of Revenue over
Virginia Key Restaurant Miami $ 12.000.000
These leases generally call for a stated base rent plus a percentage of Gross Revenues
from the improved operations at the property, ranging fromZ.}o/o to 6.00/o. Other tenants pay a
percentage rent from 2.0% to 10.3% of Revenues, with a stated minimal base amount. This
appears to support the percentage rent of 2.5o Gross Revenues proposed as the lease rate for the
subject as reasonable.
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
41
759
Miami Beach Convention Genter HotelSite, Miami Beach, Florida
REPORT 201533
However, in order to determine if this amount generated as a proportion of gross
revenue from the hotel is consistent with a reasonable retum on the value of the land, we have
conducted the following analysis:
Estimate the Gross Revenues that a proposed 800-room luxury convention
center hotel at the property is capable of generating, if it were complete and
generating a stabilized level ofoccupancy and revenues;
Calculate the estimated stabilized rent payments on the land by multiplying
2.5%by this estimate of Gross Revenues from the hotel;
Estimate the value of the subject site in fee simple, as of the current valuation
date;
Determine if the rent payment for the subject, if the hotel were complete and
operating at a stabllized level of occupancy and revenue generation as of the
current valuation date, represents a reasonable return for an investor/fee
simple owner in the subject site. If so, then the current proposed rent structure
for the ground lease on the subject property is considered to be synonymous
with its market rent.
ESTIMATE OF CURRENT GROUND LEASE PAYMENTS
Analysis of Stabilized Gross Revenues
The annual rent due on the proposed ground lease to the subject site is 2.5% of the Gross
Revenues from all of the hotel's operations. In order to estimate this amount, if the hotel were
complete and operating at a stabilized level of occupancy and revenue generation, the Gross
Revenues of the 800-room convention center hotel that is proposed for the property must be
projected. These Gross Revenues include income from room night sales to hotel guests, income
from food and beverage sales at the property's bars and restaurants, income from food and
beverage charged to persons attending meetings at the hotel's meeting spaces, income from the
selling of services at the property's spa, and income from other departments including the gift
shop, meeting space rentals, the parking garage, and miscellaneous sources.
Estimate of Room Revenues
In order to estimate these amounts for the proposed subject hotel, we first estimated
revenues from room night sales. In the previous Hotel Market Analysis, we noted the ADR"
RevPAR and occupancy performance of similar large Miami Beach hotels, many of which have
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
1)
2)
3)
4)
42
760
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
large intemational hotel chain affiliations that are similar to those proposed for the subject hotel.
These are summarized below:
The Fontainebleau 1,440 $547 $204
Loews Miami Beach 790 $469 $267
Eden Roc 627 $384 $326
The James Royal Palm 393 $569 $243
W Hotel South Beach 349 $742 $449
Shore Club South Beach 308 $416 $239
The Palms Hotel & Spa 251 $362 $2 15
Marriott Stanton 224 $599 $ 199
Hilton Bentley 95 $599 $279
TotaUAverase 4,477 $521 $269
The High Rack rate for each hotel was obtained for a standard double-occupancy room
at each property during for the period of January I 4 through 17 , 2016 (during the peak season in
this market). The Low Rack rate for each was obtained for a similar occupancy during this
market's low season, or from September 10 through 13,2015.
The following table summarizes the historical occupancy, ADR, and RevPAR
performance of this set of competitive hotels based on data compiled by ST& for each trailing
l2-month period ending in November of that year (the most-recent data available for this set of
hotels).
These hotels exhibited an average High Rack rate of $521 per night, with an average
Low Rack rate of $269. However, each has a prime location directly along the oceanfront in
Miami Beach. The subject hotel will be several blocks to the west on a landlocked site. The
rate that hotels along the oceanfront are able to charge is significantly greater than those on
landlocked locations due to this locational difference.
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
Yerr 2012
No. Davs 366
RoomNishtsAvailable 1.6i8.58!
Occupaacy 75.
Room Night Sales 1,2,14,298
.ADR $:95 71
Total Revenues (000s) S36?,9,1?
ReTPAR $224.55
Yerr t0
No, Davs 3
RoomNishts-A.vailable 1.61.1,105
Occupancv t'7.
Room Night Sales l,:57,95
.ADR $i:1,5_1
Total Revenues (000s) $404.475
RevPAR 32,17.52
Yerr 2014
No. Davs 365
RoomNightsAvailable 1,63.1,105
78.
oom Night Sales l:82,826
DR si38.53
otal Revenues (000s) $41,{,177
PAR $265.76
43
761
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
The Miami Beach market has few larger luxury hotels with chain affiliations situated on
landlocked sites. Therefore, in order to gauge this rate differential due to these two locations,
data on a different set of hotels was obtained. These include luxury boutique hotels in the South
Beach, some with direct beach frontage and others located just off the beach and primarily along
Collins and Washington Avenues. The identity of each of these two sets of boutique hotels,
separated by location (oceanfront vs. landlocked), is presented below, along with High Rack and
Low Rack rate information.
Oceanfront Luxurv Boutique Hotels
The Setai 135 $1,025 $525
Hotel Victor 9l $347 5225
SLSHotel South Beach 140 5282 $235
The Delano 193 $399 5279
W Hotel South Beach 349 5742 $449
Soho Beach House 50 $658 $365
otal 958 $575 $346
Landlocked Luxury Boutique Hotels
Kimpton The Angler's 44 $598 $298
The Gale South Beach I 12 $247 $ 146
Crowne PlazaZ Hotel 79 $566 $286
Dream Hotel South Beach 107 $348 $220
The Betsy Hotel. 61 $463 5224
Total 403 $444 $235
As evident in the two tables above, lower average rack rates are observed for the
landlocked hotels; the High Rack rate of $575 among the oceanfront luxury boutique hotels
above is skewed somewhat by the substantially-greater rate of 51,025 at The Setai.
Nonetheless, this overall trend translated to a higher ADR and RevPAR for oceanfront boutique
hotels compared to their landlocked counterparts, for the fiscal year ending November 2014
according to Smith Travel Research:
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
762
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 20,1533
Oceanfront Luxurv Boutique Hotels I Landlocked Luxurv Boutique Hotels
Yerr 201.{
No. Davs -i55
Room Nigbts.{r'aihble -iJ9.6:0
Occupancl' T l-9;".[
Room NEht Sales l5l.41l l.f9/o
ADR $i:?.08 -0.80b
Total Reveuues (000s) Sl{5.085
R*'PAR $+14.9: l.4:on
Yerr t0l{
\o Davs -165
Roon: Nights.{r'ailable l1:-095
Occupancv 86 5Si
Room Night Sales l:i.l3T 1"5$;
^A.DR $:S0.1S : oqb
Iotal Revenues (000s) $i5.6f9
Rc'PAR 5:41.36 +.6-$6
From this analysis, the trends of occupancy, rates and RevPAR among these three sets
of hotels can be summarized below. It includes the nine oceanfront hotels noted in the previous
Hotel Market Analysis section of this report, and the comparison among the two sets of luxury
boutique hotels from this market.
FYE Nov 2012
Occcupancy 75.9% 68.5% 79.60
ADR $295.7 t 5549.47 $278.65
Rev P AR $224.55 $3 76.3 9 $2 2 I .8 I
FYENov.20l3
Occcupancy 77.0% 70.3% 84.4%
ADR $321.53 $581.94 5274.58
RevPAR $247.52 $409.10 $231.75
FYE Nov. 2014
Occcupancy 78.50 71 .9% 86.5Y,
ADR $338.53 $577.08 $280.18
RevPAR $265.76 $414.92 5242.36
Average High Rack $521 $575 $444
Averase LowRack $269 $346 $235
The subject will be a larger, luxury chain-affiliated hotel with a landlocked location
adjacent to the Miami Beach Convention Center. As such, it has physical commonalities with
the nine larger oceanfront hotels, whose most-recent occupancy performance indicated that
78.5% of its available annual room nights were sold. The subject's landlocked location is also
common with the five landlocked boutique hotels, whose lower rate structures benefit them by
allowing for a higher occupancy performance. From this analysis, the occupancy for the
subject's 800-room convention center hotel, if completed and operating at stabilization, is
estimated to be 80.0%.
BLAZr,JACK & COMPANY
SECTION lV: LEASE ANALYSIS
45
763
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 20,I533
The subject's landlocked location will dictate a lower rate structure than those with a
preferred oceanfront location in this market. Thus, the rate indications among the landlocked
boutique hotels reflect the market in which the subject's rate structure will be situated. These
landlocked hotels had an ADR of 5280.18 in the fiscal year ending November 2014. Rates have
been rising in this market; however, the subject will operate as the headquarters hotel for the
Miami Beach Convention Center. The operator's room night sales will be influenced by the
group segment attending shows and events at this convention facility, and at the subject hotel's
meeting space. Attendees comprising this group business often book in advance, and may
obtain an advantageous rate through blocks of rooms purchased at a discount. As such, the
ADR of the subject is expected to slightly lag those of other landlocked hotels in this market
whose business is primarily generated from leisure guests visiting Miami Beach.
For this reason, the subject's ADR is estimated to be $280.00 if currently operating at
stabilization, or similar to the rate obtained last year among other luxury hotels with landlocked
locations in this market. This produces a stabilized RevPAR for the properry, if completed and
operating at a stabilized level as of the current valuation date, of $224.00.
Estimate of Revenues from Other Hotel Departments
Gross Revenues at the proposed subject convention center hotel will also be generated
from food and beverage sales from its bars, restaurants and from banquets in its meeting spaces,
meeting space rentals, garage parking fees, spa services, and other sources. In order to estimate
the Gross Revenues from these sources, we obtained financial data provided from four major
international hotel chains illustrating the stabilized Gross Revenues that could be generated from
an 800-room luxury full-service convention center hotel at the subject. Each assumes an
operation that is similar to the type and quality sought by the landlord (the City of Miami
Beach), and are among the approved hoteliers listed in the lease proposed by the City. These
are highly-sophisticated and knowledgeable hotel operators with experience in running
thousands of hotels worldwide; as such, the data provided from each is considered to present a
reasonable level of revenues from each departmental category that can be expected. We also
included the pro forma hotel operating data from Portman Holdings, the winning bidder of the
Miami Beach Convention Center redevelopment proposal, along with data from a larger luxury
hotel with meeting space in downtown Miami.
BLAZF,JACK & COMPANY
SECTION IV: LEASE ANALYSIS
46
764
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
Location lvtBCC
Iotal Rooms 800
€l Typo Full-Service
& Beverage * Unspecified
ing Space (SF) Unryecified
ing Space SF/Room Unspecified
ra Unspecified
arking Grage
Year Built 2018
MBCC
800
Full S€rvice
4 Outlets
100,000
125
I 0,000 sF
Cnrage
2019
NlBCC
800
Full Seruice
5 Outlets
85,000
106
7,500 sF
Carage
lvlBCC
800
Full Service
3 Outlets
80,000
100
10,250 sF
Carage
MBCC
800
FullSenice
5 Outlets
84,210
105
I 7,476 Sf
CErage
2018
MiamiCBD
411
Full Service
3 outlcts
15,248
31
I 3,628 SF
Carage
2007
rncy 80.0%
Nisht Sales 233,600
abilized Year 2021
Room Nights 292,000
Goup Sales N/A
DailY Rate $125.7 I
Total (000s) % of T
Revenues $76.086 65
ood& Beverage Revenue $35,595 10.
Food& BeverageOutlots $11,853 10.
lvleetingBanquets $23,'142 20.
Other F & B In Outlets In Out
ra $1,464 1,
arking $1,423 L
her Operating Depts. $854 0.
& Other Income $697
Ielecommmications $658
Totrl (000s) % of lbtrl
$8,613
s17,992
$7,329
$68,193 63.
$31,934 3 l.
ln Other In O
In Other In O
$4,329 4
In Other ln Other
Totsl (000s) %of
$89,709 66.8
$40.36 I 30. I
$14.959 tt.l
$25,402 18.
In Outlets ln Outlr
s20t 0.2
$823 0
$ 1,346 r
$678 0
$1.091 0
Total (000s) % of T(
$88,324 65.
In Outlets In Outlel
$41,361 30.
$12,004 9
$29,357 2t
In Other In Ol
$1,307 l
In Other ln 0
s1.856 I
$1.078 0.8
Total (000s) o/.of Totrl
$75,232 64.5
$35.40 l 30.1
In f&B ln F&
In F&B ln F&
In F&B In F&
$659 0.6
$ 1,451 1.2
$2,397 2.t
$843 0.
Totrl (000s) ToofTotal
$27,012 57.
$ 15,184 32.
$ 12,550 26
$r,128 2
$ r.706 3
$160 0.
$2,20 I 4.
$1,790 3
$186 0
otal Revenue 5116-'177 I 00
BLAZEJACK& COMPANY
SECTION IV: LEASE ANALYSIS
765
Miami Beach Convention Genter Hotel Site, Miami Beach, Florida
REPORT 201533
In the preceding table, Comparables 1 through 4 represent data from the four major
intemational hotel operators; their identities remain confidential due to the proprietary nature of
this information, but each represents data from an international hotel chain that is widely
experienced in projecting the revenues and expenses that can be generated at a wide variety of
convention center hotels using highly-sophisticated financial models. Considering the estimates
of stabilized occupancy and inflation-enhanced ADRs from these sources, this provides fruther
support for the occupancy and rate structure estimated for the subject. Comparable 6 is from a
larger luxury hotel in downtown Miami, with data as of 2014. Finally, Comparable 5 represents
the projected hotel revenues for the subject's hotel development by Portman Holdings, the
awarded bidder for the redevelopment of the property and the adjacent Miami Beach
Convention Center.
In the case of Comparables 1 through 5, these represent projections of revenues at
stabilization several years from now, after completion of construction of the subject convention
center hotel and its attainment of a stabilized level of occupancy and income generation. As
such, the dollar amounts for each represent inflation-adjusted totals in the future, rather than
amounts reflective of cunently-achievable levels in the market. However, each provides a ratio
of departmental revenues to total Gross Revenues once the properry is operating at stabilization.
As such, these ratios are relied upon to provide the following estimates of departmental
revenues for the subject hotel, if it were completed and operating at stabilization as of the
current valuation date.
Room Revenues: Previously, we projected an ADR of $280.00 for the subject 800-room hotel,
with an occupancy rate of 80.0%, if it were completed and operating at a stabilized level of
occupancy and revenue generation as of the current valuation date. This equates to an annual
Room Revenue total of $65,408,000. The spreadsheets from the data sources above indicate a
range of proportions of Room Revenues to Total (Gross) Revenues from 57 .2o/o to 66.8%, with a
mean of 63.9% and a median of 64.9%. However, the low end of this range is noted from the
actual 2014 performance of Comparable 6, which has a lower rate structure than the other
properties resulting in a lower ratio of Room Revenues to Total Revenues. Thus, Room Revenues
at the subject hotel are estimated to be 65.0% of Total Revenues.
Food &Beverage Revenues: With 800 guest rooms, the subject hotel will operate multiple food
and beverage outlets as projected by each of the forecasts of Gross Revenues from the
international hotel chains. The existing hotel (Comp. 6) also has multiple food and beverage
outlets. In this category, revenues will be derived from these restaurants and bars, as well as from
food and beverages provided to attendees ofmeetings, events and banquets held in the property's
substantial meeting spaces, and other outlets that include room service and provisions in minibars.
Among Comparables I through 4, most Other F&B Revenues are reported with those from Food
& Beverage Outlets (restaurants and bars), with a combined range from 9.0% to 14.8o/o of Total
(Gross) Revenues. Revenues from providing food and beverages for meetings and banquets
BLAZEJACK & COMPAI\-Y
SECTION IV: LEASE ANALYSIS
48
766
Miami Beach Convention Genter HotelSite, Miami Beach, Florida
REPORT 201 533
exhibited a range from 16.8% to 2l.9ok of Total Revenues, an indication of the substantial meeting
and event space planned for the subject's hotel operations. The combined Food & Beverage
Revenues from all sources at these six comparable properties ranged from 30.1% to 32.60 ; the
high end of this range is exhibited by Comparable 6, which has a lower rate structure (thus a lower
proportion of Room Revenues to Total Revenues), with the other five comparables exhibiting a
range ofFood & Beverage Revenues that are from 30.1% to3l.1%o ofTotal Revenues. From this
analysis, Total Food & Beverage Revenues are expected to be 30.5% of Total Revenues. This
breaks down to a proportion of Total Revenues that is 19.5% attributed to Food & Beverage
Revennes from meetings and banquets, with 6.0% attributed to the property's food and beverage
outlets and the remaining 5.0% derived from other food and beverage sources.
Telecommunications Revenues: These costs include charges from in-room phones and intemet
access charges, and range from 0.2Yo to 0.6yo of Total Revenues. Thus, Telecommunications
Revenues at the subject are estimated tobe 0.4oh of Total Revenues.
Spa Revenues: The subject hotel will have a recreational spa providing massages and treatments
to guests. Revenues for these services were estimated to range from 0.6% to 4.7o/o of Total
Revenues, but with a median indication from the comparables of l.2o/o. Thus, Spa Revenues are
projected tobe l.2Y:o of Total Revenues.
Parkins Revenues: This category will derive income from parking charges at the hotel's garage.
The comparable indications of revenues in this department range from 1.0% to 3.8Yo of Total
Revenues, from which an estimate of 1.5Yo of Total Revenues is derived.
Other Operated Departments Revenue: This category includes miscellaneous revenues from
other departments that may include a gift shop, business center, or other hotel amenities. The
comparable properties indicated a range of revenues in this department from 0.4%o to 4.0Yo of
Total Revenues, but with a median indication of 0.1%o. Revenues from Other Operated
Departments are forecast from this analysis to be 0.8% of Total Revenues.
Rent & Other Income: Income from this line item includes meeting and banquet space rents,
and miscellaneous income. Among the comparable properties, a range of revenues from this
category from 0.6% to 1.0%o of Total Revenues is evident, but with mean and median indications
near the low end of this range. Thus, Rent & Other Income at the subject hotel is estimated to be
0.6% of Total Revenue.
Estimate of Contract Rent
The proposed ground lease for the subject projects that the rent on the site wlllbe 2.5Yo
of the Gross (Total) Revenues generated by its hotel operation. This will occur in fourth year
after the hotel's opening, at which time its operations are expected to be stabilized. As such,
this represents the base rent for the property, not including any concessions during the initial
years of the lease term.
Previously, we estimated the Room Revenues that the subject appears capable of
generating and its ratio to the Total (Gross) Revenues that will likely be realized;' this estimate
assumes that the subject hotel is complete and operating at a stabilized level of occupancy and
income generation as of the current valuation date. Other departmental revenues were also
projected based on their ratios to Total Revenues. Using the results of this analysis, the
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
49
767
Miami Beach Convention Genter HotelSite, Miami Beach, Florida
REPORT 201 533
following table is our summary of the estimated Gross Revenue for the subject hotel, if
completed and operating at stabilization as of the current valuation date.
Estimate of Base Rent
The previous estimate of Total (Gross) Revenue of $100,628,000 is multiplied by 25%
to provide an estimate of the base contract rent for the proposed ground lease at the subject site.
This produced an estimated base rent of $2,515,700, assuming the property is operating at a
stabilized level of occupancy and operations as of the current valuation date.
The following sections provide analyses of this proposed contract rent to determine if
that amount reflects the market rent that the property would be capable of generating under this
scenario.
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
Location MBCC
Total Rooms 800
Hotel Type Full-Service
Food& Beverage * 4 to 5 Outlets
Meeting Space (SF) 80,000-100,000
Meeting Space SF/Room 100 to 125
Spa Full Service
Parking Carage
ExpectedYear Built 2019
Current Year 2015
Annual Room Nights 292,000
Occupancy 80.0%
Room Night Sales 233,600
Averase Dailv Rate $280.00
Total (000s) %oofTotal
Room Revenues $65,408 65.0
Food & Beverage Revenue $30,692 30.5
Food & Beverage Outlets $6,038 6.
Meeting/Banquets 519,622 19.5
OtherF&B $5,031 5.0
Telecommunications $403 0.4
Spa $ 1,208 1.2
Parking $1,509 1.5
Other Operating Depts. $805 0.8
Rent & Other Income $604 0.
Total Revenue $100.628 100
50
768
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
MARKET VALUE OF THE SITE (IN FEE SIMPLE)
The purpose of this analysis is to estimate whether the terms of the proposed ground
lease to the site reflect a rental rate that is similar to that which could be obtained in the market
(synonymous with market rent). The subject will be leased under terms that are fully triple-net,
whereby the land tenant is responsible for all operating costs, taxes and insurance to the properly
during the term of the lease. As such, if the rental rate for the ground lease provides a
reasonable retum on the equity (value) in the site, it represents the market rent that the site is
capable of generating.
The Sales Comparison Approach was used to estimate the value of the subject site in
fee simple; returns on an investment in that site were analyzed to determine if the terms of
the proposed lease on the site were consistent with its rent-producing capabilities in the open
market. The methodology that is applied is necessary to evaluate factors such as time of sale
(market conditions), location, size, density, frontage and other factors when making the
comparison.
The subject site is located at the northeast corner of 17m Street and Convention Center
Drive, immediately south of the Miami Beach Convention Center. This is a landlocked location
in the city's South Beach market, with a highest and best use for the development of a luxury,
full-service, 800-room convention center hotel (if approvals for such development were in place
as of the current valuation date). Similar sites suitable for new development of large-scale
hotels in this market are non-existent. Miami Beach has been primarily built-out since the
1950s and'60s. Much of the subject's South Beach market is subjectto historic preservation
zones which protect the existing architecture to many properties, prohibiting demolition and
redevelopment of these properties when the economic lives of their existing improvements
come to an end. As such, there are virtually no sales of similar sites suitable for large-scale
hotel development in this market.
However, other older hotel properties in this market periodically reach an end to their
economic lives. Recently, buyers have purchased these properties for substantial redevelopment
and/or expansion. This is allowed, even in historic preservation areas, provided that the
architectural features of the existing buildings (often their exterior facades, at a minimum)
remain intact. These buyers purchase these older hotels, gut the interiors then substantially
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
51
769
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
renovate them. If additional building areas are allowed by zoning, an additional expansion may
also be undertaken, provided that the resulting development conforms to historic preservation
ordinances.
In this situation, the buyer is effectively purchasing a hotel at a price that is nearest to its
"land value" for this market. The requirement to keep at least some of the older buildings'
structures may provide some cost savings in redevelopment, however, in comparison with
properties that could be purchased vacant with no preservation restrictions in place. We have
selected four sales of this type from the subject's Miami Beach market, along with three sales of
hotel development sites in Miami across Biscayne Bay to the west. Each was purchased for
development for redevelopment with a luxury hotel. The sales had some inherent differences
with the subject property which required adjustments to their respective sale prices. The
rationale behind the adjustment process is to reflect the differences in behavior of buyers and
sellers based upon certain characteristics inherent in the site.
Typically, the most useful unit of comparison in land sales suitable for hotel
(re)development is the sale price per (planned) guest room, as this provides a benchmark for
developers regarding cost and, hence, feasibility of development. The price per square foot of
site area is also used, but has limited applicability in the case of sale properties with wide
variances in planned density (expressed in rooms per acre). A summary of the details of each
property sale is presented below, followed by a location map. A detailed description of each
sale is presented in the Addenda of this report.
BLAZF,JACK & COMPANY
SECTION IV: LEASE ANALYSIS
52
770
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
3450 Biscayne Blvd., Miami
Hanpton Inn Midtown Site
01-323G003-0350 & 0390
N. Miami Ave. & NE 36 St., Miami
Tryptich HoteVMired-Use Site
01-31240260010 et.al.
1610 Colllins Ave. Miami Beach
Berkeley Shore Hotel
a-373+019-07q)
1500 Collins Ave., Miami Beach
Haddon Hall Hotel & Carnpton Apts.
02-323+019-1190, 1 191 & 1200
700 North Miami Ave., Miami
MDM Maniott Hotel
0l-3 137-025-001 1
1920 Collins Ave., Miami Beach
Creystone Hotel
02-322G001-0100
3720 Collins Ave., Miami Beach
Croydon Arns Hotel
02-122C{n1-1710
36.240 T636a-O
(0.83) Conrnl. Bldg.
15l Biscayne Blvd.
44,783 T612-0
(1.03) Vacant
297 t-195 liontage
18,075 CD3
(0.41) Old Hotel
97 Collins Ave.
&,445 MXF/CD2
(1.39) Old HoteVApts.
167 Collins & Wash.
205,353 T660a-O
(4.71) Vacant
1,800 NW lst St.
9,375 Cr>2
Q.n) Vacant Hotel
fi -
Collins Avb.
14,000 RM-2
(0.32) Vacant Hotel
100 Collins Ave.
$29,80 I New mid-scale hotel developnrent
181.5 with 4,435 SF ofground floorretail
space
t41,246 HoteVmixed-use project also with
288.9 40k SF ofretail, 46k SF ofoflices, 6k
SF gallery, & 500-space garage.
$67,010 OId 6,,1-roomArt Deco hotelat end of
233.8 its economic lifb, to be renovated &
eryanded to 97 roona.
$206,437 Old Haddon Hall Art Deco hotel &
120.3 Canpton Apts.; 50,000 SF in
additional developnrnt pos sible
$19,444 Planned hotel & 600k SF convention
381.8 centerat west end of Miami World
Center mircd-usc projcct.
$125,000 Boarded-up Art Deco hotelto be
278.8 combined with apts. behind to create
a 97-room hotel redevelopnrcnt.
$67,500 Abandoned apt-hotel in central
3l 1.1 Miami Beach to be renovated with
100 room-
Nov-14
2941711ffi5
Jun-14
29222J2553
Sep-13
2882314022
Jul-13
28730/3 r 86
287321?t&
May-13
28300i 1569
May-12
28129fi240
Mar-12
28039i r898
M,500,000
s124. l7
$12,250,000
$273.54
$6,500,000
s359.61
$34,475,000
$570.35
$35,000,000
$170.,14
$7,s00,000
$800.00
s6,750,000
M82.14
lTth St & Conv. Center Dr.
Mami Berh Conv, Ctr. tbtel Site
Part of02-3227{00{090
Planned hotel sitc adjacent to the
301.9 Mami Beach Con\,ention Center &
Fillmore Theater
suU.115,265 PD
(2.65) NbstlyVacanl
800 lTth Street
BLAZEJACK& COMPANY
SECTION lV: LEASE ANALYSIS
53
771
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201533
ll srr,:ll - !z'
-:1 l i 1:.It .J
iir--"------dnrrt*:. \o \li.{I trr. & \I !6 )r.<trc
;J-\rle l;rt$ Encrloe Bl. i
trle:r ,l-:() (ollint lrr--€---:
a
f
{ -r : i
J : .,
l$ r.j t,
{l{:::'
r; I | 'U
.{:-' \rlc 6. l0:0 ( oltior tr e.
l.C &-S isrfld
rlJ ,u
:SI S]
It is worth noting that Sale 5 represents the site of a proposed 1,800-room Marriott
convention center hotel that will anchor the west end of the proposed Miami World Center
project in downtown Miami. This hotel will also include a convention facility with 600,000
square feet of meeting space that will be a direct competitor with the Miami Beach Convention
Center. The remainder of Miami World Center will include 765,000 square feet of vertical retail
space and at least two residential towers spread along several city blocks at the north end of the
city's Central Business District. Another similar retail project, Brickell CityCentre, is under
development across the Miami River to the south, and will have 490,000 square feet of retail
space, a new East Hotel, two residential towers and two office buildings.
Other sales of redevelopment properties were noted in Miami Beach, but these featured
altemative highest and best uses (rather than hotel) thus were not included in this analysis. This
includes a redevelopment properly located in the 600 block of Washington Avenue that was
purchased for $36 million in June 2015.
Land Sales Adjustments
Each of the properties sold with a fee simple interest, with terms equivalent to cash. The
local hotel market has improved over the time period in which these sales have occurred, with
rising ADR and RevPAR levels and strong occupancy. Hotel investment and development is
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
54
772
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
actively occurring in this market, demonstrating demand for properties suitable for this activity.
As such, an upward adjustment was applied to the less-recent sales due to improving market
conditions over the period in which these sales occurred.
In the case of Sale 4, the buyer purchased a property with approximately 56,000 square
feet of existing building area for redevelopment. This was a 167-unit facility housing the
historic Haddon Hall hotel along Collins Avenue, and the abutting Campton Apartments to its
immediate west. However, the purchase also carried properly rights that allow the buyer to
expand the property by another 50,000 square feet, nearly doubling its size. For this reason, a
substantial downward adjustment for conditions of sale was made to the price paid for Sale 4
due to the presence of substantial development rights that were also obtained as part of the price
paid.
Sales 1, 2 and 5 are located in Miami, rather than in Miami Beach. However, two of
these properties represent vacant hotel sites, while the third was sold with a small commercial
building (similar to the subject) but with a similar highest and best use for high-density hotel
development. These three Miami sales exhibit a range of prices per room from $19,444 to
$41,246. The other four sales are from the subject's Miami Beach market, proximate to the
Atlantic Ocean beaches, that city's convention facility, and other major attractions in this market
such as the Lincoln Road retail/entertainment area and the city's Art Deco District. The four
Miami Beach sales have much-higher prices per room (from $67,010 to $206,437). Thus, a
substantial upward adjustment is appropriate to the prices paid for Miami Sales 1, 2 and 5 for
location compared to the subject's location in South Beach. This adjustment is greater for Sale 5
since it is located in the northwest end of downtown Miami in an area that is going through the
early stages of redevelopment. By contrast, Sales 7 andZare adjacent to the DesignDistrict,
Midtown Miami and Wynwood whose stages of redevelopment and gentrification were much
fuither along at the time of sale.
Currently, the subject is improved with small, low-rise buildings that are part of the
adjacent Fillmore Theater. These buildings must be demolished and removed before the subject
can be developed to its highest and best use (as a luxury, full-service, 800-room convention
center hotel facility). This is similar to the condition under which Sale 1 occurred, but Sales 2
and 5 sold in superior condition as vacant and ready for development. For this reason, a
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
55
773
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
downward adjustment was applied to the prices paid for Sales 2 and 5 for superior site condition
at the time of sale.
Miami Beach Sales 3, 4,6 and 7 sold with existing hotel and/or apartment improvements
in place. However, these improvements were near the end of their economic life. While historic
preservation ordinances prohibited their total demolition, each property was purchased for
substantial redevelopment (and, in some cases, expansion). This reflects the nearest similarity to
a sale of a properly at its land value in this market; nonetheless, the presence of existing
improvements that must be partially preserved potentially reduces some of the costs of
redevelopment for the buyers of Sales 3, 4, 6 and 7. As such, a downward adjustment for the
potential of reduced costs of redevelopment is applied to the prices paid for these four Miami
Beach sales in comparison to the subject.
A price adjustment for these differences between the subject and the comparable sales
would ideally be based on any quantifiable differences between these properties. In some cases,
the price per room differentials between the sales provided clues regarding the appropriateness
of an adjustment to sale price for locational differences and conditions of sale. In any case, the
derivation of an accurate adjustment typically requires a larger array of indications from
numerous recent sales, a situation that is not usually available.
Nonetheless, we have attempted to quantifu approximate adjustments to the prices of the
comparable properties for varying differences between each and the subject property. These
adjustments are summarized below:
BLAZF,JACK & COMPANY
SECTION IV: LEASE ANALYSIS
56
774
Sale Data:
Cash Equiv. Sale Price $4,500,000 $12,250.000 56,500,000 $34,475,000 $35,000,000 $7,500,000 $6,750,000
Sale Price/SF $124.17 $273.54 5359.61 5570.35 5170.44 $800.00 S482.14
Sale Price/Unit $29.801 541.246 $67.010 5206.437 519.444 5125.000 567
ADUSTMENTS:
Properly Rights
Financing
Conditions of Sale
Market Conditions
Preliminary Adjustrnent
Adjuted Price/SF
$2r.000 sr37.500 $74.2s0
0.0%
0.0%
0.0%
0.0%
0.0%
$124.t7
0.0%
0.0%
0.0%
4.0%
4.0%
$284.48
0.0o/o 0.0%
0.o% 0.0%
0.0% -48.0%
7.0% 8.0%
7.0% -40.0%
$384.79 $342.2r
$71.701 $123.862
0.0% 0.0Yo 0.0'h
0.0% 0.00/o 0.0%
0.0% 0.0% 0.0%
8.0% 10.0% 10.0%
8.0% 10.00/o 10.0%
$ 184.07 s880.00 ss30.36
ADDITIO NAL ADJ US TMB{TS :
Location
Water Frontage
Site Condition
Topography
Site Configrn'ation
Road Access
Zoning
Additional Adjustment
Adjtsted Price/SF
300.00/, 0.0o/o 25 .0%
0.0% 0.0% 0.0%
-s.0% -20.0% -20.0%
0.0o/o 0.0o/o 0.
0.0% 0.0% 0.
0.0% 0.00/o 0.
0.0% 0.0% 0.0%
295.0% -20.0% 5.0%
$727.09 $704.00 $556.88
$82,950 $110,000 $77,963
200.00/o 200.0%
0.0% 0.0%
0.0% -5.0%
0.0% 0.0%
0.0% 0.0%
0.0% 0.0%
0.0% 0.0%
200.0% 195.00/o
$372.52 $839.22
$89,404 $126,s42
0.0%
0.0%
-20.0%
0.0%
0.0%
0.0%
0.0%
-20.0%
$3 07.83
$s7,361
0.0o/o
0.0o/o
-20.0%
0.0%
0.0o/o
0.0%
0.0%
-20.0%
$273.77
s99,090
HiCh $126,542
Low $57,361
Median $89,404
Mean $91,901
Miami Beach Gonvention Center HotelSite, Miami Beach, Florida
REPORT 201 533
Overall,theseadjustmentsprovidedarangeofindicationsfrom$57,361 to$126,542per
planned guest room, with a median of $89,404 per room and a mean of $91,901 per room.
Based on this analysis from sales comparison, the subject site appears to have a crurent "as is"
Market Value of $90,000 per planned room, considering a Fee Simple interest in the properfy
and assuming approvals are in place to allow for development at its highest and best use.
This highest and best use of this properly is for development of a luxury, full-service,
800-room convention center hotel. With a site size of 2.65 acres, this equates to a planned
development density of 301.9 rooms per acre. This development density is most similar to that
of Sales 2, 6 and 7, with substantially higher or lower densities proposed in the development of
the other four sales. The price per square foot of land among properties can skew significantly
when potential development densities are increased or decreased. As such, the use of sales with
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
57
775
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
relatively-similar planned development densities is important in the analysis of properties' sale
prices per square foot ofsite area.
Among Sales 2, 6 and7, the adjusted sale prices per square foot ranged from $556.88 to
$839.22. From this range, an 'oas is" Market Value for the Fee Simple interest in the appraised
property is estimated at approximately $700.00 per square foot of land.
However, the previous analysis has not considered the Extraordinary Assumption that
the subject site is encumbered by a Neutrality Agreement that has been proposed for the
properly. This Agreement, between a hotel operator and labor unions, will prevent the eventual
user of the site (a hotel operator) from opposing efforts of labor unions to recruit new members
from qualified personnel working at the hotel. This is an added encumbrance to the site that the
previous value estimates per room and per square foot of land did not consider Any
encumbrance to a property, whether physical (such as an easement) or legal (such as a deed
restriction), creates greater limits on a property's development and,/or use.
The subject site has a highly-unique landlocked location in South Beach, with a unique
development density proposed for this location. There are no sales of similar properties with
similar use encumbrances from which to extract an adjustment for this factor. Therefore, we
have applied other methods in order to provide adjustments to the value indications of the
property with this added use encumbrance.
Test of Development Feasibility
The value of the subject site is directly tied to its marketability. A potential purchaser
will be attracted to the properly if the price of acquisition is reasonable for its intended use. A
buyer of a development site is attracted by the proper[y's potential to provide a retum on their
investment relative of other alternatives in the market. This return is also referred to as the
properfy' s entrepreneurial profi t.
Profit from a development is measured using a simple formula:
BLAZF,JACK & COMPANY
SECTION lV: LEASE ANALYSIS
58
776
Miami Beach Gonvention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
Market Value at Stabilization
Less: Total Building Cost
Less:Total Land Acquisition Cost
ls: Profit
In order to estimate the proposed hotel's Market Value at Stabilization, we will use
direct capitalization of its stabilizednet operating income. The site's proposed use encumbrance
would require the eventual hotel operator to maintain a neutral stance if labor unions wished to
recruit members from among various qualified employees at the hotel. It does not mandate a
union workforce at the hotel, but if a majority of qualified employees vote to join a labor union,
it may have effects on the hotel's income generation. The previous estimate of Gross Revenues
for the property was obtained from financial information from four experienced international
hotel operators, along with those from the subject's hotel developer and from a similar larger
hotel in Miami. Among these sources, two of the major intemational hotel operators provided
estimated pro formas of the financial performance of the subject property considering both
Union and Non-Union workforces. These are included below, along with a sunmary of the
conclusions from an STR Analytics study:
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
59
777
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
Location MBCC MBCC
Total Rooms 800 800
Hotel Type Full-Seruice Full &rvice
Ernployee Type Non-Unioin Union
Food&Beverage* 4OLillets 4Oltlets
Meeting Space (SF) 100,000 100,000
Meeting Space SF/Room 125 125
Spa 10.000 SF 10,000 SF
Parking Garage Grage
Year Built 201 9 2019
MBCC NIBCC
800 800
Full Service Full Service
Non-Union Union
5 Outlets 5 OLtlets
85,000 85,000
106 106
7,500 sF 7,500 sF
Carage Carage
20t9 20t9
MBCC MBCC
332 523
Full Service Full Service
Non-Union Union
5 Outlets 5 Outlets
N/A N/A
N/A N/A
N/A N/A
N/A N/A
1983 1970
Annul Roorn Nights 292,000 292,000
Occrpancy 18.0% 78.0Yo
Roorn Night Sales 221 ,850 227 ,850
% Goup &les 68.0% 68.0%
Averaqe Dailv Rate $307.50 $307.50
l2l.l80 190.895'l8.8Yo 8l .9o/o
95,490 156,343
N/A N/A
$203.78 $263.05 29.1
292,000 292.000
N/A N/A
N/A N/A
N/A N/A
NiA N/A
Room Revenres $70,064 $70.064 0.
Food& Beverage Revenre $35,127 $35,127 0.
Departmental Revenues Total (000s) Total (000s) %
Restaurants & Bars $8,272 $8,2'12 0.
Banqwts& Meetings $l9,l2l $l9,l2l 0.
other F&B $7,734 $7,734 0.
Telecomrnmications In Other In Other In Ot
Spa In Other In Other In Ot
Parking In Other In Other In Ot
Other Operatins Depts. $4,430 $4,430 0.
Rent & Other Income $680 $680 0
$84,588 $84,588 0
$42,101 $42,101 0
N/A N/A
N/A N/A
N/A N/A
$189 $189 0.0yo
$944 3944 0.00/o
$1,213 $1,213 0.0%
$629 $629 0.0%
$ 1,045 $ 1,045 0.0%
Total (000s) Total (000s) %Per $l Per $l %
Revenue $l 10.301 $l 10.301 0 $ 80,709 $ 80,709 0
Telecornrnmications [n Other In Other In O
Spa In Other In Othil In O
Parking In Other [n Other In O
Other Operating Depts. $2,873 $2,949 2
Rent & Other lncome $0 $0 0.
Departmental f,xpenses
Rooms $14,102 $15,072 6.
Food& Beverage $20,337 $21,738 6.
$ 16,103 $ 17,069 6.0%
$27,559 529,461 6.9%
$604 $616 2.0%
$755 $755 0.0%
$0 $0 0.0%
$734 $734 0.0%
$0 $0 0.0%
s37.3 I 2 339.759 $45.755 $48-615 6.30/"s0.42',1 $0.473 r 0.8
Departmental Profit $72,989 $70,542 -3.
Undi stri bu ted Fxpense s
Adnin. & Gneral $6,759 $6,818 0.
9les & Marketing $5,670 $5,687 0.
Property Maintenance $3.352 $3,827 14.
Utilities $3,203 $3,203
$84,954 $82,074 -3.4Yo
$7,604 $7,604 0.0%
$8,466 $8,466 0.0%
$3,521 $3,521 0.0%
$2.741 $2,147 0
UndistrihutedExDenses Sl8-984 $19-535 2.$0.217 $0.2r3 -1.8
Profit Before Fixed Costs 354.005 351.007 -5 s0.32 I 30.292 -9.
Among the hotel operators cited in the table above, no effect on the revenues from hotel
workforce unionization could be supported from independent sources. RevPAR among the
unionized hotels from the STR Analytics study was almost $55.00 higher than those of Non-
Union hotels in this market. This indicates that the Gross Revenues at the Union hotels
surveyed by this source were greater than their Non-Union counterparts. However, STR
Analytics noted that the unionized hotels surveyed tended to be larger and convention hotels
located in central business districts with higher rate structures compared to their Non-Union
counterparts. It also may skew the trends in expenses noted by this source, but to a lesser degree
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
60
778
Miami Beach Convention Genter Hotel Site, Miami Beach, Florida
REPORT 201533
since these were compared to hotels located in similar city-wide markets where similar costs for
labor, good and supplies, etc. would occur. Nonetheless, it does not provide a clear "apples-to-
apples" comparison with regard to any impact on the Gross Revenues for the subject hotel if
unionization of its workforce were to occur.
Among the pro formas for Non-Union operations, the Profit Before Fixed Costs ranged
from47.9%oto 49.0%o of Gross Revenues. Our estimate of Gross Revenues was $100,628,000 in
current dollars; since the subject is anticipated to be completed and achieving a stabilized
occupancy and revenue generationby 2022, we have inflated this amount at3.0o/o per year
which results in an estimate of Gross Revenues at stabilization of .$123,760,000. From the
comparable indications, the estimated Profit Before Fixed Costs at the subject is estimated to be
48.5% of Gross Revenues under this scenario, or $60,024,000 at stabilization.
A breakdown of the additional fixed costs estimated from the two international hotel
operators is summarized below:
Land rent was calculated at2.5oh of Gross Revenues. From the range of indications for
a Non-Union hotel in the preceding table, total fixed costs at the subject are estimated to be
$18,500,000. When these fixed costs are deducted from the subject estimated Profit Before
Fixed Costs, a stabilized net operating income of $41,524,000 is estimated.
In a subsequent analysis of the appropriate (market) returns on the subject site, we will
provide support for an applicable overall capitalization rate for the subject hotel, if completed
and operating at stabilization, from 5.50% to 6.000/o. Applying those rates to the estimated net
BLAZF,JACK & COMPANY
SECTION lV: LEASE ANALYSIS
Comp No. I
Emolovee Tvne Non-Union Union
2
Non-Union Union
Gross Revenues $l 10,301 $l 10,301
Profit Before Fixed Costs $54,005 $51,007 -5.60/(
As a % of Goss Revenues 49.0% 46.2%
Less: Fixed Costs
Management Fee 3o/o S3,309 $3,309
Property Taxes $3,905 $3,905
Insurance $1,044 $ 1,044
Land Rent $4,412 $2,758
FF&E Reserves $4.412 $4,412
$130,709 $130,709
$62"616 $59,736 -4.60/<
47.9% 45.7%
$3,92 r $3,92 r
$3,560 $3,560
$2,876 $2,876
$s,228 $3,268
$3.560 $3.560
Total FixedCosts $17,082 $15,428
Net Ooeratins Income $36.923 $35.579 -3.60/,
$19,145 $17,185
s43.471 $42.551 -2.1o/,
61
779
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
operating income produces a value range at stabilization from $692,067,000 to $754,982,000.
With 800 rooms, this equates to a stabilized value range from $865,000 to $944,000 per guest
room. These calculations for the subject's proposed hotel (at stabilization) are presented below:
The developer, Portman Holdings, has forecast a construction cost for the hotel of
$405,450,398, which equates to approximately $507,000 per room. There are no costs to
acquire the land, which will be leased from the City of Miami Beach. These land lease costs
were previously included in the Fixed Costs at Stabilization of $18,500,000. When deducted
from the value per room indications, this provides a potential profit range from 70.61%o to
86.19% over costs over the seven-year period in which the hotel will be construction then
brought to a stabilized level of occupancy and operations and assuming a Non-Union workforce
at the subject.
This is a compounded annual return rate of 7 .93% to 9.29o/o over this seven-year period.
When compared to the overall capitalization rates that are applicable to this hotel property (at
stabilization) of 5.50% to 6.00oh, this appears to be an attractive project for a developer to
undertake.
Next, we have analyzed the impact on feasibility if the qualified employees at the subject
hotel were to join a labor union. The two international hotel operators provided a comparison of
Profit Before Fixed Costs and net operating income considering both Union and Non-Union
BIAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
Annual Inflation 3.0o/"
in 000s) ($ in 000sNon-Union Hotel Return Analvsis ($ in 000s
Projected Gross Revenues: Non-Union Hotel $100,628
Proportion of Profit Before Fixed Costs
$ 123,760 $123,7
48.5o/n 48.5
Estimated Profit Before Fixed Costs
Fixed Costs at Sabilization
Net Operating Income
Overall Capitalizatio Rate
Value at Stabilization
No. of Rooms
Stabilized Value per Room
Building Cost per Room
Developer's Profit on Costs
Comoounded Annual Profit Rate
$60,024 $60,024
9.29% 7.93
$18,500 $18,500
$41,524 S4t,s24
ssj% 6.001
$754,982 $692,06
800 800
$944 $865
$507 $s07
86.19% 70.61%
62
780
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201533
workforces at the proposed subject. Profit Before Fixed Costs fell by 4.6% to 5.6% in these
estimates when a Union workforce was in place, along with a drop in net income ranging from
2.lo/o to 3.60/o.
Comp No. I
Emolovee Tvne Non-Union Union
)
Non-Union Union
Gross Revenues $l 10,301 $l 10,301
Profit Before Fixed Costs $54,005 $51 ,007 -5.6%
As a % of Goss Revenues 49.0% 46.2%
Less: Fixed Costs
Management Fee: 3% $3,309 $3,309
Property Ta-xes $3,905 $3,905
Insuance $1,044 $1,044
LandRent 54,412 $2,758
FF&E Reserves $4.412 54.412
$130,709 $130,709
962,616 $59,736 -4.60/"
4'7.9% 45.7%
$3,921 $3,921
$3,560 $3,560
$2,876 $2,876
s5,228 $3,268
$3.560 $3.560
Total FixedCosts $17,082 $15,428
Net Ooeratins Income $36.923 $35,579 -3.6%
$19,145 $17,185
s43.471 $42.551 -2.rol
However, the STR Analytics study indicated a greater decline of 9.9%o in Profit Before
Fixed Costs due to the impact of a unionized workforce on a typical hotel properly. Therefore,
we have estimated that the implementation of a unionized workforce will cause a decrease of
4.0%o in the net income that the subject properfy will generate at stabilization. ln applying
similar overall capitalization rates of 5.50% and 6.00%o, this will cause a similar 4.0% drop in
the stabilized value of the proposed hotel with a Union workforce.
This equates to an adjusted value per room range from $830,000 to $906,000. When
compared to the cost of construction of $507,000 per room, the following profit margins are
noted:
Union Hotel Return Analysis
Stabilized Value per Room: Non-Union Hotel
Adjustment for Union Operation
Stabilized Value per room with Union Operation
Building Cost per room
Developer's Profit on Costs
Compounded Annual Profit Rate
($ in 000s) ($ in 000s)
s944 $865
-4.00% -4.00%
$906 $830
$507 $507
78.70% 63.7tol
8.65% 7.30%
Over the seven-year period to complete the proposed hotel's construction and bring its
operations to stabilization, an annual profit rate of 7.30%o to 8.65%o on costs is estimated if
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
63
781
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
unionization of the hotel's qualified employees is assumed. As such, the subject remains an
attractive and highly-feasible development in this market compared to the overall rate for a
similar existing hotel property in this market.
Although the retum to the developer (via profit) remains attractive, it is nonetheless
reduced if the hotel's qualified workers were unionized, posing the potential for reduced retums
to a developer caused by this use restriction that is assUmed to be in place at the properfy. Both
the building improvement and land to this properly contribute to the profit that can be achieved
in these scenarios since feasibility remains under both a Union and Non-Union workforce
application to the properry. Feasibility for development disappears if a property's value falls or
if costs rise to levels that do not provide for an adequate retum to the developer. Once that
situation occurs, it is often the land value that falls before building costs, and to a greater degree,
since the building costs are based on many factors that include various materials and labor
whose levels are typically less elastic.
The difference in profit levels between the Union vs. Non-Union workforce scenarios
above provide the following range of downward adjustments to the land value:
With greater elasticity to the value of land (compared to building costs), this range is
rounded upward to a land value adjustment of 18.00 , or approximately double the amount from
the range of differences in the preceding table. This adjustment is applied to the value of the
subject site since this estimate assumes that a use encumbrance is in place (per the Extraordinary
Assumptions section of this report). This equates to an estimated Market Value if encumbered
with this use restriction of $74,000 per planned room or $574.00 per square foot of site area, or
18.0% less than the values previously estimated if unencumbered. Using these estimated
values per room and value per square foot of land provides the following Market Value
estimates for the subject site "as is" and considering a Fee Simple interest as of the current
valuation date. These value estimates assume that the development of the property can occur
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
Total Profit: Non-Union Workforce Hotel
Total Profit: Union Workforce Hotel
Difference
782
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 201 533
to its stated highest and best use, and are subject to the Assumptions and Limiting Conditions
and Extraordinary Assumptions set forth in this report:
Value/Room x No. Rooms Total Value
$74,000 x 800 $59,200,000
Rounded S59-200-000
Value/SF x Site SF Total Value
$574.00 x 115.265 : $66,162,110
Rounded
ANALYSIS OF THE PROPOSED RENT FOR THE SITE
The proposed lease for the subject has triple-net terms, whereby the land tenant pays all
of the property's taxes, insurance, maintenance and operational costs. We have previously
estimated the contract rent on the subject site to be approximately $2,515,700 under the terms of
the lease proposed for the property. If this amount represents a reasonable retum on the site' s
current value (equity), then this current contract rent it is synonymous with its market rent.
In the previous section of this report, we estimated the current Market Value of the site
in Fee Simple at $59,200,000, using a price per room unit of comparison; this value was
estimated at $66,200,000 using a price per square foot of land area comparison. Considering the
estimated contract rent of the site, this produces the following retums on the value (equity) of the
site, which also represents an overall capitalizatton rate to the land:
Estimated Contract Rent on the Site $2,5 15,700 $2,5 15,700
Estimated Land Value in Fee Simple $59,200,000 $66,200,000
Return (Overall Rate to the Land) 4.250
The indicated retum of the contract rent on the property's value ranges from about
3.80% to 4.25Yo, which is reconciled at 4.00%. In order to determine if this is a reasonable
retum on the Fee Simple owner's equity, we have obtained similar return rates on altemative
investments and compared them to this estimated retum rate to the subject based on risk and
other factors.
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
65
783
Miami Beach Convention Center HotelSite, Miami Beach, Florida
REPORT 201 533
lO-Year U.S. Treasurv Yields Julv 2015 2.19%to2.46%o
Coroorate BBB Bond Yields Julv 2015 3.81% to 3.960/o
Comorate BBB Bond Yields Lons-Term Averase s.88%
U.S. Treasuries are considered to carry reduced risk compared to real estate investments,
thus reflect a range of rates below those that would be sought on a ground lease. The yield rates
on corporate bonds carrying a BBB rating are viewed as carrying risk that is more-similar to that
on a ground lease for commercial properties. The range of most-recent yield rates for these
bonds has ranged from 3.81% to 3.96%o; however, the long-term average yield rate on corporate
bonds is much higher, at 5.88o/o. The Federal Reserve has held a zero interest rate policy since
December 2008 in an effort to reverse the effects caused by the economic downturn that began
that year, affecting a downward pull on all debt rates and yields including those of governmental
agencies and corporations. As such, rates and yields on these instruments are at their lowest
levels in many years. Although the Federal Reserve has not changed this policy since then,
recent business media reports have indicated that rates may be hiked upward before the end of
this year in response to improving economic conditions.
With a 99-year lease at the subject, its fee simple owner would take the long-term
outlook for rates and retums into consideration when seeking a yield rate on the site. As such,
the long-term return sought from a triple-net lease on the subject site would skew higher than the
most-recent corporate BBB bond yields noted above. Another source of returns is provided
from overall capitahzation rates (OARs) on sales of operating hotels in this market. This rate
reflects the proportion of net income (return) on improved hotel property investments and other
net-leased commercial property investments, and was obtained from recent surveys of national
investors cited in the table below:
RERC NationalHotels 5.00% to 8.50% 6.80%
4th Qtr. 2014
Integra Vieupoint Miami Class "A" 6.70%
Year-End 2014 Full-Service Hotels
Korpacz/PWC National Net Leased 6.98%
4th Qtr. 2014 Properties
CBRE US Luxury Hotels 6.60%
2ndHalf 2014 Miami Luxurv Hotels S.OOo/n to 6.O0Vn
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
66
784
Miami Beach Gonvention Center Hotel Site, Miami Beach, Florida
REPORT 20,1533
These surveys indicate a range of overall capitalization rates applicable to national hotel
property investments from 5.00% to 8.50%, with the best-quality, Class "A" hotel investments
trading on overall capitalization rates from 5.00% to 6.700/o. The Integra and CBRE surveys
provide overall rates for the best-quality (Class "A") hotel property investments in the local
Miami-area market, with a range from 5.00%to 6.700/o.
When completed, the proposed subject hotel will be a full-service luxury hospitality
facility with 800 rooms, a new age of improvements and containing substantial meeting space.
It will be located in the prime South Beach resort market of Miami Beach. Conversely, this
property will be situation several blocks west of this community's prime location, which lines
the attractive Atlantic Ocean beaches. In addition, the subject hotel owner will be leasing the
site from the City of Miami Beach under a 99-year term, thus will not have full fee-simple
confrol of the property. Thus, the overall capitalizatron rate produced by a sale of this improved
property, if completed and operating at a stabilized level of occupancy and generation as of the
current valuation date, would likely fall near or below the middle of the range of indications for
luxury or Class "A" Miamihotels. This range is estimated to be from about 5.50% to 6.000/o.
As a vacant site, the retum that would be accepted on the subject carries less risk than if
it were improved to its highest and best use (with an 800-room luxury hotel). Over the long-
term, the improved hotel property carries greater risk in its revenue steam during the ups and
downs of various economic cycles. It is also subject to greater risk from unforeseen events such
as hurricanes that may temporarily intemrpt hotel operations, and from the process of
development and investment. With reduced risk to the retum on the site (via a ground lease, the
expected retum on the subject site is likely to be lower than that for an improved hotel
investment. With an overall capitalization rate (retum) for the proposed hotel operation to the
subject (if stabilized) ranging from a low of 5.50% to a high of 6.000/o, this compares to the
4.00% retum which the subject's forecast ground lease rent appears to generate in relation to the
property's equity (value). This retum that is estimated from the subject's proposed ground lease
is 150 to 200 basis points below those estimated for the properly if occupied by an 800-room
luxury hotel that was operating at a stabilized level of occupancy and revenue generation. This
is reasonable, considering the reduced risk in a vacant site compared to that for a hotel operation
at the property.
BLAZEJACK & COMPANY
SECTION lV: LEASE ANALYSIS
67
785
Miami Beach Gonvention Genter HotelSite, Miami Beach, Florida
REPORT 20,I533
A band of investment technique is employed as an additional analysis. This technique
provides ratios of the contributory value between the land and improvements, then assigning a
rate of return to each; this results in a weighted average indication of the overall capitalization
rate an improved property (including land and improvements), which would be a luxury 800-
room convention center hotel. Those overall rates for this property, if completed and operating
at stabilization, were previously estimated to be from 5.50% to 6.00%o. The overall rate to the
improvements is typically greater than that for the land due to the added risk in the development
and investment. With this portion of the equation providing a higher overall rate to the building,
a lower corresponding overall rate to the land typically results. Examples of how this equation
might appear in relation to the subject with its proposed improvements, based on variable overall
rates of 5.500 to 6.000/0 to the improvements, are presented below:
With greater risk to the improvements, a greater return for this component is forecast; in
each case, this provides for an overall capitalization rate to the land that falls below the overall
rates estimated for the property with its proposed improvements. The proposed use
encumbrance that is assumed to be in place at the site further diminishes its value. As such, a
lower land-to-value ratio from l5%o to 20% is supported in the band of investment analysis.
Altogether, this analysis produces a range of overall rate (return) indications to the land from
BLAZEJACK & COMPANY
SECTION IV: LEASE ANALYSIS
Overall Rate Indication:
t5./"x2.67%=0.40%qsv.x6.00v,=5.t0v.
Overall Rate lndication: 5.50%
t5% x t.250/o = 0.t9%
s 85% X 6.25Y" = 5.31%
Rate Indication: 5.500/"
Land 20% X 4.50% = 0.90%
Rate lndication: 5.50o/o
Land 20o/o X 3.50% = 0.70'/.
lrnDrovernents 80% X 6.00% = 4.80o/o
Land 20Y. X 2.50o/o = 0.50Yo
Irnprovernents 80Y. X 6-25%
t5%x4.58%=0.690/0
R50/"X6.250/"=5.3
Overall Rate lndication: 6.00%
t5%x3.t70/o=0.48%
85%X6.50Yo=5.53o/o
Overall Rate hdication: 6.00%
t5% x 1.7 5% = 0.260/0
ments 85% X 6.75% = 5.74%
Land 20% X 5.00% = t.00%
Imnrovements 80% X 6.25Y. = 5.00%
Rate lndication: 6.00Yo
20%x4.00%=0.80%
vements 80% x 6.50% = 5.20%
Rate [ndication: 6.00%
Land 20% X 3.00% - 0.60%
Improvements 80% X 6.75%
68
786
Miami Beach Convention Center Hotel Site, Miami Beach, Florida
REPORT 20,I533
1.25% to 4.58% at a l5o/o land-to-value ratio. At a higher land-to-value value ratio of 20olo, this
range of overall rates to the land is from 2.50% to 5.00%.
These ranges are generally supportive ofthe returns forecast from the subject's proposed
ground lease on its value of approximately 4.00%. With a 99-year ground lease term, prudent
investors would also seek a long-term return on the subject that exceed the current yields on
BBB-rated corporate bonds, and also exceed the range of retums on safer U.S. Treasuries. This
provides a hedge against future periods when higher interest rates and yields may be present.
CONCLUSIONS
We have estimated the rent for the subject site, based on the terms of its proposed ground
lease. This stabilized amount, if applied to the estimated value of the site owner's equity as of
the current valuation date, provides a return on the site of approximately 4.00%; this estimate
considers the Assumptions and Limiting Conditions and the Extraordinary Assumptions set
forth in this report. This is a modest return on the site and would be viewed as reasonable for a
typical owner of the subject would seek under these terms for the long-term ground lease of the
site,
Therefore, it is our opinion that the proposed terms of the ground lease described
herein for the 2.65-acre Miami Beach Convention Center Hotel site would produce a
stabilized base contract rent of approximately $2,5151700. This base rent amount, and the
terms of this lease, appear to be synonymous with its market rent including the rental rate,
terms and lease parameters as of July 2712015.
BLAZF,JACK & COMPANY
SECTION IV: LEASE ANALYSIS
69
787
ADDENDA
788
Exhibit A
Engagement Letter
XH IBIT
789
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
May 27,2015
Maria Hernandez
Capital Projects Advisor to the City Manager
Office of the Ciry Manager
1700 Convention Center Drive, 4e Floor
Miami Beach, Florida 33139
Tel: 305-673-7000 Ext. 2584
Mari aHemandez@miam ibeachfl . gov
RE.: PROPOSAL
Appraisal of Market Rent for a Ground Lease
2.65-Acre Site along lTth Street proposed for developmert with
An EOO-room Convention Center llotel, adjacent to the
Miami Beach Convention Center
Miami Beach, Florida
Dear Ms. Hernandez:
This letter will serve as our proposal to appraise the above referenced prop€rty. Our estimated date of
completion is no later than June 30, 2015. We will prepare a PDF version of an appraisal report setting forth a
detailed description of our methodologies, research, analyses and conclusions. Our analysis will consider the
physical aspects of the property and assess its competitive position in the market. We will employ all techniques
that are considered to be appropriate to this valuation estimate. Our analyses and report will conform to the
Uniform Standards of Professional Appraisal Practice (USPAP), the Supplemental Standards issued by the
Appraisal [nstitute, and the requirements of the client (the City Manager's Office of the City of Miami Beach).
We have previously received the Request For Proposal (RFP) No. 2015-103-ME by the City of Miami
Beach, which describes the subject property and its proposed development with an 800-room convention center
hotel, from Mr. Jeff Sachs of Strategic Advisory Group of Duluth, Georgia. Mr. Sachs has also provided us the
Proposal for the Development of a Convention Headquarters Hotel by Portman Holdings, dated April 10, 2015.
More information may be required as we progress with this assignment. If there is any other information you
believe we would need in order to complete this assignment, please forward it to us.
The total fee will be $10,500. Our fee for court testimony is based on $250 per hour. This proposal is
submitted based on our current schedule of commitments. It may be necessary to alter the completion date unless
the assignment is authorized in the near future. You may authorize this assignment by signing and returning a copy
of this letter. We thank you for calling on us and we look forward to working with you.
Respectfu lly submitted,
\, r\\(J
John A. Blazejack, CRE, MAI
Partner
State-Certifi ed Appraiser
License No.RZ093
Agreed
,,,r.#, City Manager
)
172 W Flagler Street Suite 340, Miami, FL 33130 Ph (305) 372-02t1. www.blazejack.com
790
g MIAMIBEACH ',R.HA'E.RDER/.HANGE.RDER
procurement Division MAIL lNvolcE To: "sHlP To" ADDRESS
1700 Convention Center Drive
Miami Beach FL 33139
Telephone: (305) 673-7490 PO/BPO NUMBER I PAGE
027671 CO# 0 I ''t of t
VENDOR ID:DATE I DATE REQUIRED:
007308 6t15t2015
VENOOR SHIP TO
MIAMI BEACH CONVENTION CENTER
1901 CONVENTION CENTER DRIVE
MIAMIBEACH, F133139
BLAZEJACKAND COMPANY
655 SOUTH WEST MIAMI PLACE
M|AMt, FLORTDA 331 30-3008
, FL 33130
REQUESTED BY PHONE E.MAIL PAYMENT TERMS
AMY MEHU AmyMehu@m iamibeachfl . gov A/P Net 30 Days
REQUESTING DEPARTMENT I CONTRACTAUTHORITY I PURCXESC AUTHORITY F.O.B.
CONVENTION CENTER I ITYWIDE PRCEDURES PO 16 {I /WIDE PRCEDURES PO 1 DESTINATION
SPECIAL INSTRI.JCTIONS:
Cluantitv LJnit Description t nit Price Ext. Price
APPRAISAL OF MARKET RENT FOR A GROUND
LEASE, 2.65-ACRE SITE ALONG 17th STREET
PROPOSED TO DEVELOPMENT WITH AN
8OO-ROOM CONVENTION CENTER HOTEL,
ADJACENT TO THE MIAMI BEACH CONVENTION
CENTER, MIAMI BEACH, FLORIDA.
PROPOSAL BY BLAZEJACKAND COMPANY TO
UPDATE PREVIOUSLY COMPLETED APPRAISAL
OF THE PROPOSED SITE FOR THE CONVENTION
CENTER HEADQUARTER HOTEL. LOWEST OF TWO
BIDDERS OF ITQ 223.2U3TC, TOTAL FEE
AMOUNT OF $10,500. FEE FOR COURT
TESTIMONY IS BASED ON $25O.OO PER HOUR.
10,500.00
COMMENTS: THE PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING
DOCUMENTS. YOU MUST ALSO STATE YOUR PROMPT PAYMENT TERMS ON YOUR INVOICE (I.E. 2% 1 O),
FAILURE TO SUBMIT INVOICES AS STATED HEREIN WLL RESULT IN A DELAY IN THE PAYMENT PROCESS TOT
10,500.0c
10,500.0c
SEE ADDITIONAL TERMS AND CONDITIONS CONTAINED HEREIN.
U.S. TREASURY DEPT. TAX EXEMPTION UNDER REG. NO. F59.6000372, STATE OF FLORIDATAX
EXEMPTTON CERTTFTCATE 85-801 2621 639C-9
VENDOR COPY
791
TERMS AND CONDITIONS
Municipal Code of the City
of the order, kind and amount of materials and route at or prior to time of shipment.
3. INVOICES. Render invoices as instructed on the face hereof immediately upon shipment or completion of order. Separate invoices must be rendered in duplicate for each order.
All invoices must show our purchase or blanket order number.
ancuor costs incurred in connection with delivery or return of such materials.
City as provided by |il.
persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by Secretar of Labor, are incorporated herein.
7. lf Vendor shall default in any respect, or become insolvent, or if a petition in bankruptcy or insolvency is filed by or against Vendor under any State or Federal law , the City in
provisions. The City shall not, in any event, be liable to Vendorfor speial, contingent, or consequential damages.
Monday through Friday.
9 All communications and acknowledgements concerning this order must show this purchase or blanket order number and be directed to:
The City of Miami Beach
City Hall- Procurement Division
'1700 Convention Center Drive
Miami Beach, FL33139.
relating to liability for infringement or violation of proprietary rights unless expressly revised or revoked in writing.
1'l . Buyer's rem edies, in the event of default by Vendor, shall be as provided by law, except as otheMise provided herein.
12. PACKING LISTS: Must accompany each cse or parcel, showing the City's order number and complete description of contents . All barrels, boxes, bags, crates or other packages
packages. Drop shipments and partials must be treated similarly.
Section6(l)
14. lf bid or contract terms, conditions and/or specification differ from those of this purchase or blanket order , the bid, contract or agreement shall take precedence.
673-7080.
792
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
July 21,2015
Mr. Jimmy L. Morales
City Manager
I 700 eenventien eenter Dri+e,4tTle
Miami Beach, Florida 33139
Tel 305-673-7000 Ext. 2584
MariaHernandez@miamibeachfl . gov
RE.: SUBJECT PROPERTY:
A 2.65-acre site along lTth Street proposed for development with
An 800-room Convention Center Hotel, adjacent to the
Miami Beach Convention Center
Miami Beach, Florida
Dear Mr. Morales:
Previously, we have provided you, the client, an appraisal and analysis of the Market Rent under the terms
of a proposed Ground Lease on the above-referenced property. Per your request, we shall provide additional
appraisal and consulting services on this property, which includes an estimate of the Market Rent under an
altemative Ground Lease for the subject property in which certain site restrictions apply; these site restrictions for
this altemative analysis will be stated in the report. This additional work to be performed by us shall also include an
analysis as to whether the rent on the site under this alternative ground lease and accompanying site restrictions
provides a reasonable return to the fee simple owner of the subject property (the City of Miami Beach).
Our estimated date of completion of the written report is no later than August 30, 2015, with a verbal
and/or summary version of our conclusions provided by July 30, 2015. We will prepare a PDF version of an
appraisal report setting forth a detailed description of our methodologies, research, analyses and conclusions. Our
analysis will consider the physical aspects of the property and assess its competitive position in the market. We will
employ all techniques that are considered to be appropriate to this valuation estimate. Our analyses and report will
conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Supplemental Standards issued
by the Appraisal Institute, and the requirements of the client (the City Manager's Office of the City of Miami
Beach).
We have previously received the Request For Proposal (RIP) No. 2015-103-ME by the City of Miami
Beach, which describes the subject property and its proposed development with an 800-room convention center
hotel, from Mr. Jeff Sachs of Strategic Advisory Group of Duluth, Georgia. Mr. Sachs has also provided us the
Proposal for the Development of a Convention Headquarters Hotel by Portman Holdings, dated April 10, 2015, and
with the terms of this alternative ground lease on the property covered under this engagement Ietter for this
additional asiignment. More information may be required as *. jrogr.ss with this assignmini. If there is any other
information you believe we would need in order to complete this assignment, please forward it to us.
Due to the additional scope of work required under this assignment, the total lee will be $5,500.
Additional fees for any required court testimony are based on a rate of $250 per hour. This proposal is submitted
based on our current schedule of commitments. It may be necessary to alter the completion date unless the
assignment is authorized in the near future.
You may authorize this assignment by signing and returning a copy of this letter. We thank you for calling
on us and we look forward to working with you.
172 W Flagler Street Suite 340, Miami, FL 33130 Ph (305) 372-0211. www.blazejack.com
793
BLAZEJACK & CO}IPANY
REAL ESTATE COUNSELORS
Respectt'ully subrn itted.
-a ,'l
,*') ' l
r..,.. . -- LLa<; - ;i +.
John A. Blazejack. CRE, lvlAl
Paftner
State-Certif red Appraiser
License No.M093
rny ElJvlbrales. Ciry Nfanager
ty of lvtiami Beach
tt?l ozlrl
172 W Flagler Street Suite 340. Ivliami, FL 33 130 Ph (105) 372-021l. www.blazejack.com
794
Exhibit B
Proposed Ground Lease to Subject Site
XH IB IT
795
IEXHtBTT B COpy OF PROPOSED LEASE OMTTTED AS REpETtTtVE OF
LEASE ATTACHED HERETO AS AppENDtX 1TO TH|S AGENDA |TEM RTAI
796
MEMORANDUM OF AGREEMENT
THIS AGREEMENT is made and entered into by and between Portman Miami Beach,
LLC ("Deve1oper") and LINITE HERE Local 355 (the "Union").
l. Developer is engaged in the development of a hotel project to be located at or
near the Miami Beach Convention Center in Miami Beach, FL (hereinafter referred to as the
"Hotel"). The Developer has not yet selected an operator for the Hotel and does not currently
have in effect management agreements or other agreements with an operator for the Hotel or its
various operations. This Hotel, once in operation, will create numerous jobs, including positions
for hotel service workers and related positions in the Hotel's operations. The Union is interested
in organizing the employees of the Hotel. This Agreement shall cover all employees employed
in classifications as set forth in Exhibit A hereto, or in classifications called by different names
but performing similar duties (referred to hereinafter as "Employees"), at the Hotel which during
the term of this Agreement is operated by or substantially under the control of the yet to be
determined operator (hereinafter referred to as "Operator/Employer"). The term
"Operator/Employer" shall be deemed to include only the entity ultimately engaged by
Developer to operate the Hotel, and then only with respect to "Employees" (as defined herein) at
the Hotel. This Agreement shall not apply to: (i) any location other than the Hotel where the
Operator/Employer has employees; (ii) any employees of the Operator/Employer other than
those Employees specifically defined herein; (iii) any person, firm, partnership, corporation, joint
venture or other legal entity under the control of the Operator/Employer; (iv) any subsidiary of
the Operator/Employer; or (v) any person, firm, partnership, corporation, joint venture, or other
legal entity which controls the Operator/Employer, except, as to any Person described in clauses
(iii), (iv) or (v), to the extent any such person, firm, partnership, corporation, joint venture, or
other legal entity described in clauses (iii), (iv) or (v) is acting in the place and stead of the
Operator/Employer with respect to the Employees at the Hotel. In selecting the
Operator/Employer, Developer will include the applicable terms of this Agreement in the
operating agreement with such selected Operator/Employer. Operator/Employer shall not
include the Developer or any other entity that is the owner of the Hotel, any municipality or
county, any convention center authority or any subsequent owner of the Hotel, except as
otherwise provided herein.
2. The parties hereby establish the following procedure for the purpose of ensuring
an orderly environment for the exercise by the Employees of their rights under Section 7 of the
National Labor Relations Act (the "Act") and to avoid handbilling, picketing, and/or other
economic action directed at the Developer, Operator/Employer, owner of the Hotel, the City of
Miami Beach and/or the Miami Beach Convention Center in the event the Union decides to
conduct an organizing campaign among Employees.
3. The parties mutually recognize that national labor law guarantees employees the
right to form or select any labor organization to act as their exclusive representative for the
purpose of collective bargaining with their employer, or to refrain from such activity.
4. The Developer will take an approach of neutrality to the unionization or
organizing of Employees at the Hotel by the Union. The Developer will not take any action nor
make any statement that will directly or indirectly state or imply any support for, or opposition to
26296844v3
797
the selection by such Employees of a collective bargaining agent, or preference for or opposition
to any particular union as a bargaining agent.
5. The Union and its representatives will not coerce or threaten any Employee in an
effort to obtain authorization cards or otherwise to obtain any Employee's support for the Union.
Likewise, the Developer and its representatives wilI not coerce or threaten any Employee in
connection with his/her decision regarding whether the Employee signs an authorization card or
otherwise supports the Union.
6. The Union will take all appropriate actions to support the public approval of the
referendum curently scheduled for Novemb er 3,2015 that is necessary for the Hotel to be
developed. The Union and its representatives shall refrain from making any negative statements
about or taking any actions against or that raise questions of its/their support for the public
approval for the referendum. Should the referendum fail to receive the necessary public
approval, this Agreement shall thereupon become null and void.
7. Once an Operator/Employer is selected by Developer, if the Union provides
written notice to this selected Operator/Employer of the Union's intent to organize Employees
covered by this Agreement, the Operator/Employer shall provide reasonable access to its
premises and to such Employees by the Union consistent with the provisions of the Act. The
Union may engage in communications with Employees in the cafeteria, break rooms and locker
rooms of the HoteI during Employees' non-working times (before work, after work, and during
meals and breaks) andlor during such other periods as the parties may mutually agree upon.
8. Within ten (10) days following its receipt of written notice of intent from the
Union to organize Employees at the Hotel, the Operator/Employer will furnish the Union with a
complete list of such Employees, including both fulland part-time Employees, showing their job
classifications, departments, phone numbers, and home addresses, subject to applicable laws
including laws regarding privacy of employee or individual information. Thereafter, the
Operator/Employer will provide the Union with updated lists of all such Employee information
on a quarterly basis.
9. Developer and the Union agree that the Union's majority status and representation
of any Employees as defined by this Agreement shall be solely determined and verified by a
secret ballot election conducted by the National Labor Relations Board (I{LRB) pursuant to the
NLRB's rules, policies and procedures, and all applicable provisions of the Act, following the
filing of an appropriate petition for representation election by the Union.
10. During the term of this Agreement, the Union will not engage in handbilling,
picketing or other economic activity at the Hotel or at any of Developer's or
Operator's/Employer's or their respective affilliates' offices or other property locations, or at the
residences of the management, directors, officers or employees of any of the foregoing entities,
and will not make disparaging or other adverse statements about the Hotel or the Developer or
Operator/Employer, or their respective affiliates, or the management, directors, officers or
employees of any of the foregoing entities. The Union also agrees to comply with any lawful
"no solicitation/no distribution" policies of the Operator/Employer, consistent with the
requirements of the Act. Operator/Employer will not engage in a lockout of the Employees
during the term of this Agreement. Notwithstanding the termination provision above, if the
26296844v3
798
Operator/Employer voh.rntarily recognizes any union besides Union as the exclusive collective
bargaining representative of Ernployees, or any of them, this paragraph shall terminate
immediately and without notice.
I 1. In the event that the Developer sells, transfers, or assigns all or any part of its
right, title, or interest in the Hotel or substantially all of the assets used in the development of the
Hotel, or in the event there is a change in the form of ownership of the Developer, the Developer
shall give the Union reasonable advance notice thereof in writing, subject to any confidentiality
restrictions to which the Developer may be subject, and the Developer further agrees that as a
condition to any such sale, assignment, or transfer, the Developer will obtain from its successor
or successors in interest a written assumption of this Agreement and furnish a copy thereof to the
Union, in which event the assignor shall be relieved of its obligations hereunder to the extent that
the assignor has fully transferred its right, title, or interest.
12. In the event that the selected Operator/Employer sells, transfers, or assigns all or
any part of its right, title, or interest in the management of the Hotel, or in the event there is a
change in the form of ownership of the Operator/Employer, the Operator/Employer shall give the
Union reasonable advance notice thereof in writing, subject to any confidentiality restrictions to
which the Operator/Employer may be subject, and the Operator/Employer further agrees that as a
condition to any such sale, assignment, or transfer, the Operator/Employer will obtain from its
successor or sllccessors in interest a written assumption of this Agreement and furnish a copy
thereof to the Union, in which event the assignor shall be relieved of its obligations hereunder to
the extent that the assignor has fully transfemed its right, title, or interest.
13. The Developer and Operator/Employer shall incorporate the entirety of
paragraphs 4,7,8, and 9 of this of Agreement in any contract, subcontract, lease, sublease,
operating agreement, franchise agreement or any other agreement or instrument giving a right to
any person to operate any enterprise in the Hotel employing employees as set forth as included
Employee Classifications in Exhibit A, or in classifications called by different names but
performing similar duties, and shall obligate any person taking such interest, and any and all
successors and assigns ofsuch person, to in turn incorporate said paragraphs in any further
agreement or instrument giving a right as described above. The Operator/Employer shall exert
commercially reasonable efforts to enforce such provisions against those parties with which the
Operator/Employer has a direct contractual relationship. The Developer and/or the
Operator/Employer shall give the Union written notice of the execution of such agreement or
instrument and identify the other party(ies) to the transaction within 15 days after the agreement
or instrument is signed. The terms "Developer", 'oOperator", "Employer" and "Hotel" shall be
modified in such agreement or instrument to conform to the terminology in such agreement or
instrument but retain the same meaning as in this Agreement, and the terms
"Operator/Employer" and "Employees" as used herein shall be modified to refer, respectively, to
the person or persons receiving a right to operate an enterprise in the Hotel and the employees of
such person or persons. This paragraph only applies to included "Employees" as defined in this
Agreement and particularly in Exhibit A hereto.
14. The parties agree that any disputes over the interpretation or application of this
Agreement shall be submitted to expedited and binding arbitration in or near Miami, Florida,
with a mutually agreed upon neutral serving as the arbitrator. If within thirty (30) calendar days
of such submission, the parties are not able to agree upon a mutually acceptable person to serve
26296844v3
799
as the arbitrator, they shall request from the Federal Mediation and Conciliation Service a list of
seven arbitrators who are members of the National Academy of Arbitrators and who reside in
Florida. The parties shall, within ten (10) days of receiving the list, select the arbitrator by
alternately striking names from the list. The party to strike first shall be determined by coin toss.
The last name remaining on the list after each party has stricken three names shall be the
arbitrator. The arbitration shallbe conducted in accordance with the Federal Rules of Civil
Procedure. The arbitrator shall also have the authority to order the non-compliant party to
comply with this Agreement. The cost of the arbitrator shall be split equally by the parties to this
Agreement. The parties hereto agree to comply with any order of the arbitrator, which shall be
final and binding, and agree that judgment may be entered upon it in accordance with applicable
law in the United States District Court for the Southern District of Florida, which shall have
exclusive jurisdiction in any action concerning the arbitration under this Agreement.
15. In the event a party breaches the terms of this Agreement, the other party(ies), in
addition to all other remedies available, and without initiating arbitration proceedings, shall be
entitled to seek and obtain injunctive relieve or other equitable remedies in any court of
competent jurisdiction.
16. This Agreement shall be in full force and effect from the date it is fully executed
on behalf of the Developer and the Union until eighteen ( I 8) months after the full public opening
of the hotel, or sooner upon execution of a collective bargaining agreement between the Union
and the Operator/Employer, which explicitly supersedes this document.
IN WITNESS WHEREOF, the parties hereto by their duly designated representatives
have hereunto set their hands.
FOR THE DEVELOPER:FOR THE I.INION:
LTNITE HERE Local 355
ffill in company name)
Its:
Date:Date:
By:By:
lts:
26296844v3
800
EXHIBIT A
Employee Classifications included under this Memorandum of Agreement: All regular full-
time and regular part-time hotel service, housekeeping, food and beverage, and on-site laundry
employees (including room cleaners, housepersons, bell persons, telephone operators, kitchen
employees, servers, bussers, bartenders, cashiers, and hosts, ) employed by the Employer at the
Hotel.
Employee Classifications and others excluded under this Memorandum of Agreement: All
reservations employees, including on-site and/or centralized or off-site reservation employees;
sous chefs; concierges, business center and front desk employees; employees of third-party or
themed or gourmet restaurants or bars located in the Hotel; recreational employees; spa/health
club employees (with the exception of housekeeping employees providing cleaning or linen
services to the spa/health club); off-site laundry; secretarial, office clerical, gift shop, retail and
sales employees; audio-visual employees; parking employees; landscaping employees; and
maintenance employees; as well as all managers, supervisors, and guards as defined by the
National Labor Relations Act.
26296844v1
801
Exhibit C
Portman Holdings Hotel Development Description & Plan
HIBIT C
802
,.d]
l \x,
t-,
s,
!'r
. -:a{*
\
rF-
'!>t
803
LL LL T5 [L LL LL LL LLu) u) a u) </) <n u) u)rr)rf)E.ooo.o\oro(\-=o.o+o.dc.lN:@(r)cDN@od{:oiNc.ic.i+Iro@6UNZ
oo
l
ooII
Eg
EPtU)ES.S P >o)rz =-o (r - 3 b .9 =n ;-!5FFf S; E
U- I.L LL c) LLu)qazu)(o(oro_oo
coct tl)_6
(E
o)
Eoa
LL U- LL (u tL IL LL U. II TL LL TL LL LL U. U- LL IJ- TLaaa >aa au)a aoaa u) au)au)ar: o rrl -3'o .o o o I o o o o o .o .f .t @
-r c't { 3 'd ;'d .-: o' N 9 od c"i a.i + .o c.t d +$o,rr)aoo.Ns@NN:FC'E?-gb oE
o.+
E P SE
E ++E* E E 8o.,{.-5E=E _g p q,5ry
E H E s ! E E; e I T E E i!! E € E E X E a€ E.s g E; s€;=8ssEPAA83;P8-35
o)
.N(t)
(l)
b0
(E
o
LLao
co(')
o=o-'lr
o
o
cro
o
o)
(o
o.a
oR
C
oooooo
G666GOoo(uoooaaau)u)u)oooooc!slO(\(fJ@O.
(f)
Oo
co
o)
o
o)!
zs
o.t(IJ
(t,
ALo<
(./) oo_>^
<ia
c,-(,o(l)o5I(J
al,
EoOo
P -:1 .^E r"€ g
0vaa
o
.No
(u
bo(I,
o
oolJ-
o
tE
(to
o
:)
ui
.T
'rotr
lUo-o.
.=
E
o
C)
b0trI
a
Eo
00o
q
E
o
I
{)
ho
'-
o
E
E
og
lt(u
(,
oP
oLo-
ro€Gr+ rO O.r+ c!
I
,fi
804
5.2
Specify which hotel brand(s) you intend to consider for the hotel. Each proposer shall be
solely responsible to clear with the named hotel brand that there are no restrictions that
would limit the brand's ability to operate the hotel.
Porfman Holdings intends ro consid-.r national hotei operators !vith an establisheC and consisient y
mainlarned reputalicn for quality and qLralily of operaiion. Brands meetlng trese criieria include
l\'larriol't, Irlarr:ot1 Llarquis, )r// [,larriott. Westin, On ni, Hyatt Regency and Hilton. ltle would ccnsider
lyorking with an,y of these brands, or any orher hotel operator approved by the City cf lvliami Beach.
We intend to work with the city to determine the best fit forthis hotel.
Hilton
HOTELS & RESORTS
Ffrfl(T'
JW MARRIOTT,
t\Aarnott"
Ovt u - Hcxgls
& RESoRTS
WESTIN
HOTELS & RESORTS
805
53
Provide a summary of the development budget, including estimaaed construction hard
costs, architecturelengineerint, furniture, fixtures and equipment (FF&E), development fee,
other soft costs and required fees, pre-opening/working capital, art in public places (1.5%
of construction costs per City Code Section 82-53711 contingency and escalation, financing
costs, and any other unique project costs.
Soft Costs
Design Architect
Landscape Archirect
Other Architecturai
Traffic Engineer
Civil Engineer
Ivllsc. Consultants
Legal and Administrative
Real Esiate Taxes
Developers Fee
Building Permits/Fees.
lr'rsu[ance - Builders Risk
Pre.Opening Expense
\ivorking capital
Sewer/Water Hook Up
Art in Public Places
Other
Soft Cost Contingency
Total soft cost
Fin a ncing
LoanlEquity fees
Construction Period lnterest
Operating lnterest Reserve
$ r3,551,938
S lncluded Above
$ lncluded Above
$ lncluded Above
$ lncluded Above
s 1.033,500
s 1.000,000
s +,r93,08+
$ 2?.121.772
s 1r,120,r97
$ 3,5+5,7+1
s 6,680,000
$ soo,ooo
s 85,000
s 3,6+3,386
$ 1.282,702
s 20,272,520
s 89,632,9+0
S r 1,3,r'+,+36
s 9,256,783
$ r 1,503,+.+2
s3 2.10.1,66l
Construction Costs
Construction Ccst Hotel
Existing Structure Demoliiion
Consiruction Contingency
Skybridge
Payment & Performance Bonds
FF&E
OS&E
Total Construction Cost
Total Project Costs
' $25,000 Referendum Fee
included in Building Permits/Fees
s 235,880,136
lncluded Above
lncluded Above
s r,800,000
s 2,08+,913
s 2"+,683,02+
$ 19,?61.725
s 283.712,798
S:105,"+50.398
806
5.+
Provide conceptual architectural diagrams of floor plans, elevations, and renderings of the proposed Hotel Project. lt is expected that the conceptual design
for the Hotel Project will further the City's design standards, and continue the City's legacy as a home to many architecturally significant buildings designed by
nationally and internationally-recognized architects. lt is further expected that the conceptual design of the Hotel Project will be architecturally harmonious with the
surrounding area, including the design for the MBCC Renovation and Expansion Project (including its public park components), New World Symphony, SoundScape
Park, and Lincoln Road.
Floor plans. elevaiions and renderings for the Hotel Prcjeci can be found cn lhe foilo,ring pages.
807
THE SITE: The site represents an important opporlunity - the chance to provide a strong
connecrlon between the lllami Beach Con,rention Cenier, the Gleaso. lheater. the Iliami Beach
Con'rentlon Cenrer park and SoundScape Park. The challenge is to craate a design for a new
con,/ention headquarters hotel lhal becomes an icon rhat expresses the character and spirit of
lrliami Beach lvhiie embracing and inregrating all the components of ihe lvliami Beach Convention
Center dlstrict. The proposed design succeeds by fulfilling three goals:
. CONNECT the parks - take advantage of and expand on the existing traffic patterns to connect
the two par ks and lead people irom Lincoln Road into the [,'lBCC dlstrlct.. SHAPEtheexperience-openuptheintersectionsoflTthStreetwithConventionCenterDrive
and Pennsyl'rania Avenue to creaie a grand pedestrian experience.. EXPANDthenatural environment-wrapthecurvedstreetscapeingreenerytolointhetwo
parks, then carry the park-like environment up and through the hotel.
THE CURVE: The curved hotel facade pfovides a strong visual connection to Lincoln Road,
especia ly urhen dramaticall.v lil at night. By curving the hotel's layout and wrapping the green
streelsCape around the corner bety/een SoundScape Parl< and the new ltiBCC Park, a feeling of
cohes!eness unites the entire area. The hotel is designed to be compatible with the revitali:ed and
erpanded convention cenier and pro,iide a connection betureen it, Gleason Theatgr, the surrounding
g.eenspace and Lincc n Road, crealing a robust synergy between the area's components. The
hotel's ballrooms and expanse of outdoor event spaces augment the convention center's offerings
and expand on the type of events that Miami Beach could host. A skybridge offers convenient,
direct access between the hotel and fu1BCC, while the ground-level arcade activates the streetscape
anC selres as a pleasing, curv;ng palh between the parl(s.
THE EXPERIENCE: The concepi for the hotel is centered on delivering a sensory experience. The
projecl humanizes the built en,/ironment and creates an abundarce of inlerplay with nature. The
landscaping doesn't stop at the buildlng's edge; it continues on throughout. Following the tone
flrst set by SoundScape Park, greenery rises up through the hotel onto the rooftop deck ofthe
porte cochere building, flows through the hotel tovrer and around to the leveFseven terrace behind.
creating a completely public experience at ground level and a semi-privaie enclave primaraly for
guests atop the hotel's parkJike terrace and deck. The roof of the hotel tower also incorporates
open terraces for outdoor functlons as lrell as a restaurant and bar featuring an infinity pool edging
the terrace and m rroring the ocean beyond
The design is motivated by the desire to create axperiential spaces for human enjoyment.
The holel s genrly cumrng faqade ernbiaces the site,,vhile ai the same tinTe cleating d)/namic
.,t,
-\I
I i 6SP,,'i[
QH!-r;a $
. :ffi&
I A**
808
panoramas for the 800 guestrooms. The guestroom floors begin at the eighth level, uplifted to allorv
vierrs over the llBCC, at3in maximi.-ing views io the water on one side and lo ihe city on ihe olher
The height of ihe guestrrom tower is 300 feet to the rooi le,re .
THE EIIERGY: Lifting the guestrooms up ailovrs for an cpen and inviting cclo.rnade at street level
that welcomes pecple tc stroll through or stop and linger. The entire area is e.ergized as ihe more
public functions of the hotel follow the curve at street level. Here, one finds a grab-and-go market,
sundry shop, the lively lobby lounge and a three-meal dining experience. Colorful banners stir
excitement for cngoing events. such as [/liami Beach's famed Art Basel, and dancing !vater feaiures
add pleasant si hite noise and li';ely sparkle.
The cylindrical porte cochere building, a glass-enclosed'drum," holds a spectacular circularjunior
ballroom featuring stunning views of area. Above that, the spa and fitness center raise the rooftop
deck up to the seventh le,rel urhere il is joined to the podium ter race by a grand portal through
the guestroom tower. The sunny deck urith its oyrn iniimate pool vrill be a very special place for
hotei guests. The spra!/ ing terrace on the southlvest side provides a varied guest experience
!vith multiple pools. cabanas, bars and restaurants, green lawn space, a grove of swaying palms, a
sculpture garden - there is room to roam and a place io accommodate every nrood.
THE SOUL: Throughout the project, art conrributes to the uniqueness of the experience. Eren the
night lighring ior the project is handied in an elegant and artfui w3y. The unifying 3bsrract partern
of the sunscreens wrapping the porte coche:e and rising up through the center oF the guest room
tower is also found in the pa'iers thrcugh the aicade and atop the terracs and deck. The pattern
even carries through in the landscaping, carpeting, upholsterT and drapes. A sculpture garden on
the ierrace. paintinSs and ceramics throughout the hotel, all these elerents establish this as a
hotel unlike any oiher.
'r'i lth its prime localion, the site presents a tremendous opportunity for the i\,liami Beach ConventLon
Center Hotel to have significant impact on the visual identity for the entire lvlBCC redevelopment
area. lnspired by its settirrg, the new Miami Beach Conventiorl Center draws inspiration from the
rhythm of ocean waves. The form, a gentle arc. recalls traces of a laoping ra're ieft behind on the
sandy shore The rvave motlf is found again in the rolling guesiloom balcon,es across the face of the
hotel. The unique Cesign is quintess-"niial LIiami Beach
{,"-
\
)
/
/En
809
,=Jr---lrl
Et- "rf
*
h
IH
&
I
,
l
:]-ru_l Heffi
.3
rt
. +*.
e
Site Plan
&"&.srV,r*\&"re
810
Level 1
811
o ----
O ---r---
Or uel nEstlum, "aao* '
a a a a. .",
aalatt
I ll t aa 1
t(}a
PORTE COCHERE
BEIOW
b
2Level
812
I
I
I
-------t I
813
...,.-..-,.-..*...{.
'.1
I
I
I
:
I
I
,/a
I
I
I
I
I
I
I
I
I
\r
(-€
Level 4
:lt*:'.tr\\,ir,\rulraar,ar,\, ,
rwro\p2(noou
/i,l,\a\a\
814
'">*o*,-J;
-
j1'^- __
r ,/'_T
'.. b t'( -i)
lilEEttt{G ROOITS
Level 5
815
Level 6
816
Level 7
817
Level B-10
818
)x
819
L ---- --i
Level 25
820
Rooftop Level
821
I'l1i
i:ri
_)u rI
I
I
I
+-_e .+-ia- - - - -' - - --- - -:|- - -- -rl'n[]
Vehicular Circulation
822
/
Section Looking South
823
Section Looking West
824
Section Looking South
825
',.
-Jt[
irl
}r
.l
;flb
la
,ee
a
"tl
ri
;tiir
'a
ls
,.
_iih
l[;
i
Elevation Facing North
826
Il
ll
-l,fldM'i\l*|
J&,1
{"1
-lsilrl
a';
&le,
"l-l,/t
di*'rl
r,)
&ml
Elevation Facing East
i";,ii:il i,L[,ffiW,, t$ $,nk["
l$fi&&$uIq$$$Ireilt
827
{emerredkkad* i$&m W&fr $g,: _1
ru
frl
irr{t
lrl
$l'
dI
$TItIfl
ll
;1r:
11f
r I l;,lilliililt
iltpj*'q
!rF
ii# t
iiiffi
,{ iq
^J'.ffi,r' ,r "!
.J .frf 'lrn{[
,,1 rfi
..1 '. T7' F',li
.J'.fi7' I "i
"I I'S
,iffirJ*ilFH
i rlri.li;fi f [lH
iHi'jrsfrffiffi
iilfi+iii,:,$H
.drTit,"1.,3i,$H
t1ff.li,f\.i;'mf Sp
.''t'1il;)i'll$r tf,'t
,;,H$l'rli:;;:$H
Elevation Facing South
828
::ll:i,i",.:'i\. i't tirtl"tlt "
ililmm tt#iltm ilfi$m[$ t[nffiflfl Nfl$&$l l! a,*,**rt&q*,,i
n${lllMllllmltmWIlllUfltIIEXIlll -
'P
ll'lltr;. iili'lili J
#flqim; \" *
ll''1 'n. ',
ffi, lo *
l["1 '1 '
ffi,' [. -i"'1. 1 r,
"fl!* (n '!1"1 t', '
ffir'[. 'tr,''q 'r, ' .
ffi, t, ,
l:"1 'r, ',,
iHd't. .l:''t '.., ',
![J, L *
*,
I
ffi*,iffif.I i;ilff
{l!fifr#} }i lfilli &
Elevation Facing West
829
Street Level View from 17lh Street Lool<ing East
830
".w
ffi
&tsd
Bird's Eye View over corner of 17th Street & Convention Center Drive
ffi
831
s1i--;t
View Looking Southeast from new MBCC Park
832
Bird's Eye View Above MBCC Lool<ing Southwest
833
View Looking Northwest over SoundScape Park
834
It k *.w."il0 tu)?'{}ff, ;r" c .$lI rW
B tuf'l r 6hs "'
' li!ir iiiliiii'!ili :' ' '
r#
/j,
,14
ffit,i
WEEI
Ip
.,uwd
'i ll.r
irif,i r*r1'r$dllg,iilidg*&Mrwa,, l**m
Entrance at Corner of 17th Street & Convention Center Drive
835
Bird's Eye View
836
View at 17th Street showing Pedestrian Arcade
837
I rlt
View Lool<ing North from Pennsylvania Avenue
838
\tI{-!I-r-lTT
I
"[h
Tr--4#-f#
Selected Views of Landscaped Terrace at Level 7
839
Selected Views of Landscaped Terrace at Level 7
840
841
Exhibit D
Description of Land Sales
XHIBIT D
842
4[ -;r "'r
Land Sale No. I
rCtp#
-r.."t
2067
Hotel, Hotel
Hampton Inn Midtor.vn Hotel Site
3450 Biscayne Blvd., Miami, Miami Dade County, Florida
33t31
SW corner Biscayne Bl. & NE 35 St.
0 I -3230-003-0350 & 0390
Miami-Ft. Lauderdale
Arti Hersi, Inc.
Midtown Lodging LLC
November 24,2014
294171160s
3183
Fee Simple
Arm's length
Cash to seller
May 15,2015
$4,500,000
$4,500,000
$4,500,000
,#
'l
:i rr3
r, efr'I
rlit t, Iil
%*-*i:r'
Property Identifi cation
Record ID
Property Type
Property Name
Address
Location
Tax ID
MSA
Sale Data
Grantor
Grantee
Sale Date
Deed Booh/Page
Recorded Plat
Property Rights
Conditions of Sale
Financing
Verification
Sale Price
Cash Equivalent
Adjusted Price
843
Land Sale No. I (Cont.)
Land Data
Zoning T6-36a-O, Commercial High Intensity
Topography Level
Utilities All available
Shape Rectangular
Land Size Information
Gross Land Size 0.832 Acres or 36,240 SF
No. Rooms Planned 151
Indicators
Sale Price/Gross Acre $5,408,940
Sale Price/Gross SF 5124.17
Sale Price/ Unit $29,801
Remarks
The seller retained a JV position in the property's development by 3H Hotels Group out of
Tennessee. The property is planned for development with a 151-room Hampton Inn, which will
also have 4,435 square feet of ground floor retail space along its busy Biscayne Boulevard
frontage. The location is in the Edgewater area of Miami just east of Midtown and southeast of
the Design District.
844
Land Sale No.2
oYr'p
:-#'t\r-" *..
. .i, -..? i : ..r- -I -pfid t " r
,.r."Sr1;- -,i
2068
Mixed-use. Hotel
Tryptich hotel and mixed-use site
3601 Nofth Miami Avenue, Miami, Miami-Dade County,
Florida 33131
NE corner No. Miami Ave. & NE 36 St.
01-3 124-026-00 I 0 et.al.
Miami-Ft. Lauderdale
Fifteen Midtown Properties LLC
Aventura Hotel Properties LLC
June 27,2014
2922212ss3
Fee Simple
Arm's length
Cash to seller
May 15,2015
$ 12,250,000
$ 12,250,000
$12,250,000
Property Identification
Record ID
Property Type
Property Name
Address
Location
Tax ID
MSA
Sale Data
Grantor
Grantee
Sale Date
Deed Book/Page
Property Rights
Conditions of Sale
Financing
Verification
Sale Price
Cash Equivalent
Adjusted Price
845
Land Data
Zoning
Topography
Utilities
Shape
Land Size Information
Gross Land Size
Land Sale No. 2 (Cont.)
T 6- l2-O, Commercial High lntensity
Level
All Available
Rectangular
1.028 Acres or 44,783 SF
No. Rooms Planned 297
Indicators
Sale Price/Gross Acre $11,915,459
Sale Price/Gross SF $273.54
Sale Price/ Unit 541,246
Remarks
This is the former Electra condo site that was purchased by an affiliate of HES Group for high-
rise mixed uses that include a full-service , 297 -room hotel, 40,500 square feet of retail space,
46,000 square feet ofoffice space, a 6,000-square foot gallery, and a 500-space parking garage.
The properly enjoys an excellent location at the crossroads between Midtown Miami to the south,
the Design District to the north, and the Wynwood Arts District to the west. It also has excellent
visibility with frontage to Interstate 195 at its exit ramps to North Miami Avenue.
846
Land Sale No.3
.r--'*-k*'
(
!
{
n.r,'f-dI
$i
uE. ----'---
gEEEglrglt
--*Ee.G**- I s',
re - !5!t
m I Fer
llrrr I ra,
I!
E
E
la
ll
ll
Property Identifi cation
Record ID
Property Type
Property Name
Address
Tax ID
MSA
Sale Data
Grantor
Grantee
Sale Date
Deed Book/Page
Recorded Plat
Property Rights
Conditions of Sale
Financing
Verification
Sale Price
Cash Equivalent
Adjusted Price
2069
Hotel, Hotel
Berkeley Shore Hotel
l6l0 Collins Avenue, Miami Beach, Miami Dade County.
Florida 33139
02-3234-0t9-0790
Miami-Ft. Lauderdale
Guesch, lnc.
Berkeley Shore LLC
September I 0, 201 3
2882314022
2t77
Fee Simple
Arm's length
Cash to seller
May 15,2015
$6,500,000
$6,500,000
$6,500.000
.""--t
-:l.-lt }rr*:#. :i -i;MdsllMl
847
Land Data
Zoning
Topography
Utilities
Shape
Land Size Information
Gross Land Size
Land Sale No.3 (Cont.)
CD-3, Commercial
Level
All available
Rectangular
0.415 Acres or 18,075 SF
No. Rooms Planned 97
Indicators
Sale Price/Gross Acre $15,664,730
Sale Price/Gross SF $359.61
Sale Price/ Unit $67,010
Remarks
This is the sale of the Berkeley Shore Hotel property, an Art Deco hotel along the west side of
Collins Avenue south of lTth Street. The property was in below-average condition at the time of
sale, with the improvements near the end of their economic viability. The buyer purchased the
hotel property for redevelopment and an expansion to 97 rooms. Historic preservation ordinances
require this redevelopment to retain the building's important architectural features, including its
facade. However, considering the extent of redevelopment that was planned and required, this
provides a sale price in this instance that reflects its site and development value.
848
Land Sale No.4
I
np
I
:*
l,
t
Propertv ldentification
Record ID
Property Type
Property Name
Address
Tax ID
MSA
Sale Data
Grantor
Grantee
Sale Date
Deed Book/Page
Property Rights
Conditions of Sale
Financing
Verification
2070
Hotel, Hotel
Haddon Hall Hotel & Campton Apartments
1500 Collins Ave. & 1455 WashingtonAve., Miami Beach,
Miami-Dade County, Florida 33137
02-3234-019-l 190, 1 191 & 1200
Miami-Ft. Lauderdale
Haddon Hall Associates Ltd.
Haddon Hall Hotel Owner LLC
luly 17,2013
See Remarks
Fee Simple
Arm's length
Cash to seller
May 15,2015
849
Land Sale No.4 (Cont.)
Sale Price $5,995,000 Haddon Hall Hotel
Cash Equivalent $5,995,000
Upward Adjustment $28,480,000 Campton Apts.
Adjusted Price $34,475,000
Land Data
Zoning MXE & CD-2, Commercial
Topography Level
Utilities All available
Shape Irregular
Land Size Information
Gross Land Size 1.388 Acres or 60,445 SF
No. Rooms Planned 167
Indicators
Sale Price/Gross Acre 524,844,586 Adjusted
Sale Price/Gross SF 5570.35 Adjusted
Sale Price/ Unit $206,437 Adjusted
Remarks
This is the nearly-simultaneous acquisition of the 122-room Haddon Hall Hotel property at 1500
Collins Avenue and the 45-unit Campton Apartments property to the immediate west at 1455
Washington Avenue in South Beach. The total combined square footage was 56,815, but the
same include rights to expand the properfy by up to 50,000 which would nearly double its current
size. The properfy was in below-average condition at the time of sale, with the improvements
near the end of their economic viability. The buyer purchased the hotel property for
redevelopment. Historic preservation ordinances require this redevelopment to retain the
important architectural features of the building, particularly for the classic Art Deco design of the
Haddon Hall. However, considering the extent of redevelopment that was planned and required,
this provides a sale price in this instance that reflects its site value.
850
Propertv Identification
Record ID
Property Type
Property Name
Address
Location
Tax ID
MSA
Market Type
Sale Data
Grantor
Grantee
Sale Date
Property Rights
Sale History
Verification
Sale Price
Cash Equivalent
Adjusted Price
Land Sale No.5
I 882
Vacant Land, Commercial, Vacant
Old Arena Site
700 N Miami Avenue, Miami, Miami-Dade County, Florida
33 130
West side of N Miami Avenue between NV/ 7th and NW 8th
Avenue
0t 3137 025 001 I
Miami-Ft. Lauderdale
Commercial Land
Old Arena, LLC
MDM Ricardo Glass
May 15,2013 contract
Fee Simple
$3s MM 10/12 $28.ll/,M 12104
Miami Herald ; Mo Saraiya, November 07,2013; Other sources:
DBR Article
$40,000,000
$40,000,000
$40,000,000
851
Land Data
Zoning
Topography
Utilities
Shape
Land Size Information
Gross Land Size
Front Footage
ActuaUPlanned Building SF
No. Rooms Planned
Indicators
Sale Price/Gross Acre $8,484,902
Sale Price/Gross SF $194.79
Sale Price/Planned Bldg. SF $17.71
Remarks
Sale of the Old Arena Site, which was previously sold in Oct. 2012 for $ 35MM. Ricardo Glass
(MDM) has announced development plans for a 600,000 SF convention center including a
500,000 exhibition hall on various levels a 1500 seat theatre, an 80,000 SF outdoor event deck, a
2,300 car garage topped by an 1800 room Marriott hotel in 58 stories. Project plans have not
been submitted to the city.
The convention center project will tie into the Miami World Center retail/resort project and be
physically connected to the First Coast RR project for rail service to Orlando and local points of
interest.
The site is just west of the AA arena and south of the Museum/Performing Afts centers and
Design District retail areas.
Expected to cost upwards of $l billion, the site is currently under lease to a civic group which is
using it for a public park. Development money is stated to be all private but the Park West Area
has some tax incentives in place for development.
MDM Ricardo Glass,the buyer, has developed several Marriot Hotels in the past including the JW
Marriot located in Brickell, and the JW Marriot located in downtown Miami. The convention
center space will effectively change the landscape of downtown Miami. The seller owns close to
30 acres adjacent to the site, and will benefit from the construction ofthe new convention center,
and therefore did not charge a price increase from their October 2012 purchase of the site.
Land Sale No.5 (Cont.)
T6-60A-O
Level
Available
Slightly Irregular
4.714 Acres or 205,353 SF
N Miami Avenue;NW Sth Street
2,258,893
1,800
852
Land Sale No.6
1.q.. ^
dQ ffi*r.rI
!t
rE..
f.5.1i
Prooerw laentincition
Record ID
Property Type
Property Name
Address
Location
Tax ID
MSA
Sale Data
Grantor
Grantee
Sale Date
Deed Book/Page
Recorded Plat
Property Rights
Conditions of Sale
Financing
Verification
Sale Price
Cash Equivalent
Adjusted Price
q
ll; r
t t
&**
2071
Hotel, Hotel
Greystone Hotel (Vacant)
1920 Collins Avenue, Miami Beach, Miami-Dade County,
Florida 33139
SW comer Collins Ave. & 20th Street
0l-3137-025-001 1
Miami-Ft. Lauderdale
1920 Collins Realty LLC
Greystone Terra Firma LLC
May 17,2012
2812911240
s17
Fee Simple
Arm's length
Cash to seller
January 12,2015
s7,500,000
$7,500,000
$7,s00,000
853
Land Data
Zoning
Topography
Utilities
Shape
Land Size Information
Gross Land Size
Land Sale No. 6 (Cont.)
CD-2, Commercial
Level
All available
Rectangular
0.215 Acres or 9,375 SF
No. Rooms Planned 60
Indicators
Sale Price/Gross Acre $34,848,000
Sale Price/Gross SF $800.00
Sale Price/ Unit $125,000
Remarks
This is the acquisition of the vacant and boarded-up Greystone Hotel property by an affiliate of
Vos Hospitality. In January 2014, this buyer acquired the adjacent Santa Barbara apartments to
the immediate west, and plans to combine these two properties in a redevelopment that would
result in a 97-room luxury boutique hotel. The property was vacant and abandoned at the time of
sale, thus the improvements were at the end of their economic viability. This provides a sale
price in this instance that reflects its site and development value.
854
Land Sale No. 7
i=-
.'sb
1".
" L-It"IID-re
L-
*;-'
rt
*!:rrtildrf ra_. .
' -rr ?ad Etr
,r li' jQ!.\,--:iti
rU
'il .,t..\
.-}.Y
HT-:r''*;alltLip--"*iT
=L-j. q,-,.- f'
Property [dentification
Record ID
Property Type
Property Name
Address
Location
Tax ID
MSA
Sale Data
Grantor
Grantee
Sale Date
Deed Book/Page
Recorded Plat
Property Rights
Conditions of Sale
Financing
Verification
Sale Price
Cash Equivalent
Adjusted Price
2072
Hotel, Hotel
Croydon Arms Apartment-Hotel (Vacant)
3720 Collins Avenue, Miami Beach, Miami-Dade County,
Florida 33140
SW corner Collins Ave. & 3Sth Street
02-3226-001-17 10
Miami-Ft. Lauderdale
CIG Acquisitions Group LLC
3720 Croydon LLC
March 16,2012
28039/1 898
517
Fee Simple
Arm's length
Cash to seller
May 15,2015
$6,750,000
$6,750,000
$6,7s0,000
k.ffi';L*n***rtdffi
855
Land Sale No. 7 (Cont.)
Land Data
Zoning RM-2, MFR & Hotels
Topography Level
Utilities All available
Shape Rectangular
Land Size Information
Gross Land Size 0.321 Acres or 14,000 SF
No. Rooms Planned 100
Indicators
Sale Price/Gross Acre 521,002,143
Sale Price/Gross SF 5482.14
Sale Price/ Unit $67,500
Remarks
This is the sale of the Croydon Arms, an apartment-hotel that was vacant and abandoned at the
time of sale. The buyer planned a redevelopment of this property into a 100-room hotel. The
building was vacant and abandoned at the time of sale, thus the improvements were at the end of
their economic viability. This provides a sale price in this instance that reflects its site and
redevelopment value.
856
Exhibit E
Miami-Dade County Regional Analysis Summary
XHIBIT E
857
REGIONAL ANALYSIS
IUIAMI-DADE COUNTY REGIONAL ANALYSIS
Overview
Miami-Dade County, Florida is located ir-r the southeast corner of the state along the Atlantic Ocean.
The rnajor city is Miarni, br"rt there are 29 total municipalities in the county including F{ialeah, Miami Beach,
North Miarni, Coconut Grove and Coral Gables. The county encornpasses 1,946 square rniles r,vith a
population ofiust over 2.6 million people, with a density of 1,206 people per square rnile. When cornbined
with Fort Lauderdale, the Miami-Fort Lauderdale-West Palm Beach coasolidated metropolitan area ("South
Flonda") is the eleventh largest metropolitan area in the country, with a total combined population
approaching 5.8 rnillion.
The rnain population is concentrated close to the Atlantic coast as most of the westem portion of the
cou11ty, approxitnately 416,000 acres or 6-50 square miles, lies in Everglades National Park or in
environmentally-protected areas associated with the "river of grass". Since Miami is the closest major US
metropolitan area to Latin America, and has a large population of Spanish- and Portuguese speaking peopte,
Miarni has becorne a leader in Latin American trade, finance, insurance, rnanufacturing, telecornrnunication
and warehousing.
Tourism and its offshoots, shopping and entertainlnent, are rnain drar.vs of the county. With 84 rniles
o[ Atlantic coastline and a sub-tropical clirnate, its beaches are favorite destination fbr tourists frorn Europe
and Latin America, as well as the rest of the US. Miami Beach, especially South Beach, has become a
premiere trodeling and film spot in the world. It attracts a cosmopolitan tourist business diff-erent frorn other
competing Florida cities such as Orlando and Tampa.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
858
REGIONAL ANALYSIS
The enr,'ironrnent is a crucial underliring thread that ties Florida to its tuture. Essentially clependent
on its climale and natural resources, unaddressed issues conceming sustainable grow,th are becotning urgenr
concems of all Florida industries. As the impact of past decisions efI'ects the current econornic situation,
future economic potential is dependent on ho'uv these issues are handled loday.
$esri l4rrfuOadc Cenit, iL
lil,rr"'Drdr C&nty, ;L | 1T36,,
Grogrrghy: 6srt1-,
B rnr,.Ord: Dcmcgrr9hu SfBB
Surrrmrv
Dopulaton
xouselrolds
f rJre
A*, r9* i*a:r*lre{d &lr
ftsn*r 0ccr*crad Frf,u$f,c Unt?
&ante. CrcupiEd l*xrsh0 Lh!=
Uedran lge
Itrrd$ 20ll - 202O Annsal ft*c
Fcprlaton
Hoscholdr
FfBli6
Sarrr l*{s
lredan lbssehdd Inccme
Xor***otds by txonx
" t1!,00o
i15,{XE .S:{,!199
5:F.000 - rl{.999
il5,q[ - 19.999
550.000 - 114.996
- 3,13,000 - 999,999
tra.o00 - !trt,g9t
1r5{},60- t11r{r,9se
r:!o.s00+
Vcdan ltousehold Incrire
Ave*agc |l,ouseirold Incore
Fu frp:e lnccarc
9ogulrfkr hy iqr
0".
l-9
l0 - 1,{
!3-19
30-z{
f,5. 3{
l5 - tt4
t5-54
55-64
{r3'74
:f-$4
B$"
tltlt N{iai lr4rrrq '1 11'p -.*1 ,r ('r'i{ i*.+
(suur lSlOl&.6llba Frr.rtr
1a9.95 6 oqt
ml5
t50r.0s
90:,r;l
6i!:,3Sa
3.&{
{€."517
.i3i,755
18.9
Steie
LOSt
1,03\
o.95!t
0 9lr!
?.89!h
TOTT
Npfr*tl Pcrren
r6{i,!96 17,8r.
l1l,1r5 t:.5+
94,5$4 10.5\
131,031 tr.5\
1t:,5t7 15.9\
t19,408 9.9h
E6,tlO t,3\
1t.866 ,,6\
{*61x a.?'r
14l,ar7
t55,741
3::990
20rl
t{l,nbc P*:rnl
1.9.:f,5 t.7!r
1t4.191 5,9rq15t.066 1.&!k
rld,&ir 6,0*r
rf8.l8lt 6.9rr.
lso.Bsl tr.6ci
351.9r! lt.5t
]7:.15 13,5t
308.217 1i.81i
:15.1:2 8.3\
rtl,t50 4.0h
!x:4r :.0rr
lollt
LT43,001
9tl,]0.1
6!r, lqt
:,&r
45,5.8
46.:,f55
bt
Hauond
o. I$sb
o.??!r
o"69qt
0.?0qi
:'65qt
2020
l*rfitG Ftraria
1t9,.t61 t6.'.,,i1
87.105 il.tlirgf,,tld 8,7!t
131,657 1J,8 rr
r&+,37S !9.3qh
lll,lss rr.irb
ts{,1}9 t0.9qi
{3.:t}! a.stL
{9,587 t.:.i
t11.!19
t14,16t
5:6.&+:
t&to
!&*r&s Frrrrl
t5/,.r60 t,7!r
1'4,498 5.6qt164.223 5,01b
156.414 5.''lr(
r6t.&)9 &.0rr
.!1.,4€ lt,l![
t46.5V7 lLaE6
365.!7? r},3qt
!48.99r r2.7%
351,.!OT 9,1qt
r4:,61J 5,:1t
1l,gt3 :,trr
Censrs &,10
.11964f,3
86;. l5:
60t"9r I
:.33
{83.8?.
lgl,&78
38. I
lrer
1.0:1t
r.t tc!
1.019t
0.Bqqr
3,r{9r
r4r:5!
r52.54r
168.3l.i
rr6.8t3
1s6"9;6
u9,r7r
41,356
5 8!i
6. t!n
6 $!i
7 lti
7 5or
4 8..r
I 39r
1r6.,;r6i tt,61,
3?3,.rT7 ta.91t
s€.61? l{,io.i
l?1s73 r0.9sr
l$rttr { : a*'l{ul $dE! !-a!p-' ri.l(: j-eoa.r t..l L'..r irffi*, lrf .!Otl &rd;tjt
Ju'l€ 19, foll
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
859
REGIONAL ANALYSIS
Employment and Income
Miami Dade's labor lorce kept pace rvith the rise in population from 1990- 2006. The subsequent
recession hit the county very hard and ur.rernploylnert rates hovered 2 to 4 percentage points ove' the national
averilge through 2012. Statistics and forecasts from the lirst quarler of 2015 show significant impror,erneut
witlr rates dropping to 6.0Yo range, the lowest level since October, 2008. The decline carne despite an
increase in iob seekers as the lon-9 tenn uneurployed reioin the ranks. A separate survey shorved ernployers
added more than 25,000 new non-tann payroll positions over the last year in each quafter of 2013. Analysis
of the jobs picrure reveals that the broad gains or-rtlined in the year end ernployrnent repoft rnesh with
forecasts more hiring in 2015.
labor Forcs, tmployment & Unemployment
il,r ftsu sondr. -Seosonctly,.ldyusfed.i
r.lto
l.rso
t,t{s l0.s
Uncmploymcnt Rrt*
Iright *ri*]
9:O @-**--'t--***",s---"'*{*-.-
Q, {l; Q* ql Qt QI a{ Ql Q, Qr Qil Ql Q, Or Q{ 8l Qr 8t Q. Qrloltlou l0$ tol4 x)t5
r'Vfdi..Iir{rfft'C$(ifrItr:.ll*ltCr,rti"l,1I{r irlrlllJri.'11Jlr:":Jri,irfii ;;1,..\]r_rgal,'lr}i\.tr}i,{.r:qir
Forc e
p l,-,1 r r-!
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
860
REGIONAL ANALYSIS
UncmploVrncnt ffste t$enemef l,y Adiustcdl
rirEl
'tl\fu
-
tvlianri-Sade Florida r r US
s
!t3
il
r$f
9r.9,d
f ;,m0
ltto
,rro
t31$
,ss
trro
t,itQ
lrlo
tll Q2 tl3 ,el GL,61...'8$mu 20il1
'':il . iif.,i|r''rl,,'$f'$ir'qp
2m{
sr qt qt
:WtS
Avcrrge WeeklyWrger (2014 US Dollarl|
/" \ prlm B+r<hf .*'-/ \
/\,\
tvlilnni-osda
\l *i
&rorryiord
(tl it.'rlt ,}| rtl rU rlt {$ lll (lI t}r 1.}{ rl1 r}i ltr il( (): rJ] ill rN rrl O.r ll (, lt itj {Ir ii |l}
rf{l
r_f
,tl*d ;li$I$dil I ;f,t I Ilt l |ll"r il|l!
A recovering housing market has bolstered construction employment over the past year. Most
recently, however, this trend appears to be slowing as new housing demand as the market's large number of
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
861
REGIONAL ANALYSIS
foreign buyers dirninishes due to a strenglhening U.S. dollar.
infonnation technology, financial activities, education and health
Job-groi,r,th leaders in Miami-Dade inch-rde
services, and leisure,4rospitality.
t. h[eus feg&m
,oilat ilt/n0l
Total ltonfarm
Private
Goods Prod.
Construct{on
iVlanufactr.rrrng
Private Servke
Wholesaie lrade
Retai: Trade
Transp"-!'Jrsg-UtiL
Informaten
Financiai A"ctivities
Prof./Bus. Ser,:.
Educ.lHealth $eru.
Leisure/Hosp.
Other *nr.
Total Gorn
1,111.1
972.8.
75.8
376
39"3
897.O
74.6
1.d6.4
65.3
19.1
77.L
155_3
t72_6
134.d$
5r.3
138-3
0.79S
0.796
-1.t96
-: s\
4.1.s6
0.996
) 1(lh
0.3q6
4.6h
1 7cd
0.69r
0.?cn
1"39t
3.:$6
0.4si
0-t$$
3.196
3.6e6
5.696
t0 7$J
1"0r,
3"5t6
I 316
1.5t
?:*
5. /t
5"51t
3.0q0
4.0s
4.6+i
{Jr
elEsrrBr
't ftpfi,nfffirwcfr mrnfir Fanndy,rcuna * m/,
The Florida Agency for Workforce Innovation, Labor Market Statistics Center notes that the
traditional employment industries in the county are shifting. Waning industries in the county are agriculti.rre,
tnining, and manutbcturing while the top three grolfih industries are expected to be healthcare, waste
management and remediation services, and professional. scientific and technical services. Long tenn
estimates are lor a service based economv.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
xnrsffi
862
REGIONAL ANALYSIS
Sharn d Totat Employment by Sector
[liami-Dade Carnty 2008 and 2030
Othgr
Construstix
Governmenl Manutactuflng
lniormation
Real L;r; re
tlfiotesah
Iransportdlon
F inarne
2030
Services
lr.hunr'DadeCoi.lnt/ De partment of Plannrng andZonrng Fbsearch Section 2t110
Median householc{ incotne continues to rise, althou-qh cost of living estimates suggest rnost increases
r,vill be offset b1, rising household expenditures. Cost of living increases have a maior influence on the rise in
household incorne.
TRANSPORTATION
Miami International Airport (MIA)
Miarri lntemational Airport is the prirnary connecting point for air travel betrveen the Americas, the
Caribbean and a tnajor gateway to Europe. Approxirnately 1,100 flights arrive and depart MIA each day,
with over 100 airlines covering l-50 destinations worldwide. MIA has a nearly $33.7 billion impact on the
South Florida economy while contributitg 282,724 jobs, and ranks as the second-busiest U.S. airport fbr
international passengers.
The following chart shorvs passenger trends through MIA fi'orn 2005 through 201,1. Betr.veen 2006
and 2001 , passenger tralllc increased a robust 3.5o/o to -5.0% per year then gradually declined throughout the
recession to a mere 0.57o increase in 2009. By 2010, however, tratlic regained its previous gror.r,th pattem.
BLAZEJACK & COMPANY
RTAL ESTATE COUNSELORS
863
REGIONAL ANALYSIS
International Total
Passengers 96 of Passengers %
Period (000s) Total (00C) chanse
2005 1.1.241 45.9e,i, 31,0G
2006 1,1.728 45.30,6 3?,53{ 4.9,,b
2W7 15.541 46.196 33.7,10 3.7o/o
2008 16.147 47.40,,6 34,061 t.V/o
2009 15.970 4?.19.6 33.890 -0.59a
2010 16.893 47.396 35.6% 5.394
2011 18.418 48.196 38,314 1.3%
2012 19.3?2 49.196 39,167 3.016,
2013 ?0JA2, 49.89.b 40,563 2.9/o
2014 20.09'1 49.1o,'o 40.9.f2 0.9/o
Source: Miami-Dade Countv Avi*ion DeDt.
'Ihe Miarni-Dade Aviation Depafirnent (I,IDAD) is in the final stages of a $6.4 billion Capital
Improvernent Prograrn designed to lneet the passenger and cargo traflic growth at Miarni Intemational
Airport. The progratn encolnpasses all aspects of airport operations, fron temrinals, roadr,vays, cargo
facilities, to the airfield. The nerv Miarni Intennodal Center opened in 201 1 across Le Jeune Road from
MIA, connected by a people-rnover. It contains rental car operations and cornections to rnass transit
including the county's N{etrorail Orange Line. The Tri-Rail connection to the intennodal center is anticipated
to open later this year. The NW 25'l' Street Viaduct sub-project r.vill irnprove conlections betwee-n the
Florida [nterstate and Federal Highway Systern for ground transporlation of air cargo, and construct an
elevated viadr.rctlroadr,vay befween MIA over SR 826, and out to NW 82nd Avenue rvith the assistance of the
FDOT.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
864
REGIONAL ANALYSIS
Air Cargo (tons|
r5o0,mo
:.fi)o,mo
1.5OO,{nO
r.(xxr.mo
500.mo
o
2005 2006 2010
PortMiami
PortMiarni, the county's seaport, contributes over S27 billion annually to South Florida's econolny
and directly or indirectly provides over 207,000 jobs. Miarni's Port is the world's busiest cruise port, w'ith a
fleet operated by 12 cruise lines. It has the largest year-round cruise fleet in the world including the
"Megaships" capable of transporting more than 19,000 guests. PortMiarni has approximately 40 shipping
lines calling on rrlore than 100 countries and 253 ports, sawing markets in the Far East and Europe, as well as
Central and South Arnerica.
An ambitious capital improvement program, of over $581 rnillion is underway at the port. The
Miarni Harbor Project calls fbr deepening PortMiami's south channel to a depth of 50 feet fi'om the existing
42 feet, to accommodate mega container vessels that will begin traveling through the expanded Panama
Canal in 2015. Additionally, redeveloprnent of 80 acres of cargo tenninal area will enhance car-uo terminal
operations. A nerv tunnel opened in 2014 under the ship channel which directly connects the sea poft to
Interstate 395/MacArthur Causeway and the region's highway network.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
20L20!t2011200920{n
865
REGIONAL ANALYSIS
ffiirmi-Dede County, Florida Sraport Dopsrtment
Schedule of Annual Tolal Tonnago (Unaudited)
Lrst Tsn FlrcrlYcen (in thourndr)
Yrar Totrl Diflertnca % Change
2006 8.654 (820) "g 79,6?007 7 83s (8191 .9 5%2008 7,{30 {405i -5.2or,2009 $ 831 (5991 -8 lqi)2CI10 7.38e 558 S ?$620'l a,222 833 1t 3%ec12 g 108 (1141 -r 4%2C',3 7 981 {t?7} -1 6%2X'.4 7 700 t2g1! -3 5cx,
lf r emi0adc Seaport Ocperbnonl
Schedule of Annurl Totrl Frucngut (Unruditrd)
L*t Ten Fhcel Yeam (ln thouaandcf
Yelr Totrl Dlflrrcnca % Chanoe
2005
2006
20a7
2008
?009
?010
20r t
?412
?013
2014
3.605
3"731
3.18?
4 138
4"110
4.145
4 018
3 77{
4.079
4 939
!?s'
56
3S1
1tB)
35
t11l)
i2a+1
305
860
0 016
35%
l5%
s 3t6
4 ?s/n
0.8')6
-3 r%
-5 9%
I 11(
?l 1%
Rail Systems
The Florida East Coast Railway and CSX are the major rail fieiglit carriers seruiag Miami-Dade
Counly. Miami-Dade Transit provides all public transit sen ices in the county. The integrated transpofiation
system covers fbur rrajor cornponents: the Metrobus fleet, connecting lnost areas of Miarni-Dade County;
Metrorail, an electrically-powered, elevated rapid{rar-rsit system stretching 25 rniles from Dadeland/Kendall
to Medley, with a recently-added spur to Miarni Intemational Airport's intennodal center on the Orange Line.
Metronrover, a 4.4-rnile elevated people mover that serves the dor.vntown central business district of Miami,
and Special Transportation Service (STS), designed to meet the needs of people with disabilities unable to
use regular transit services. Currentiy, Miarni-Dade Transit records over 353,000 daily (r.veekday) boardings.
The City of Miarni also otfers a free trolley service with seven routes, while Coral Gables offers a trolley
connection betr,veen its Central Business District and the Douglas Road Metrorail station.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
866
REGIONAL ANALYSIS
Metrorail $tations
hhilh hrtrrdro**g-S.;rcdq
l[affir ,Qr rr.rnror [q r.
Metrornover Stationg
8ctrool Bo::d
r'**
A
Hrrllihrutbs
llrport
Orr
Imlr
llbtrrk 0nrlrnil
tyrlc Itulrr
tnrnmdlmtm
tldrl
llrrfr
3iln
&dr
!ftdfticil
-"lirl;
rl r
*:
5,"J: '1. ; 4!
.... " . lir ,, l,
" - r:i' !
-r1:Ar
!
r$s * itr:,r, *:rr !ai i:.fl ti 1
,"lr t *": I
! *. rr i'i-r
hrll
ift&
lxflqtu[d$lr
Flodda East Coast Industries has announced plans to start high-speed rail service along its rail right-
of--way. with a connection that would carry passengers betr.veen Miarni and Orlando in just over three hours.
Stations are also planned for downtor,vn Miami, Fort Lauderdale and West Palrn Beach, '"vith a starting date of
2015 for the tri-county line and the expansion to Orlando in the follor.ving two to three years.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS 10
867
REGIONAL ANALYSIS
/
.$fi.{f,
t",-,':
W(WT
*
rilIfr ,,, ,,,
V r"- .; :'ri, i
(? .:.::"; "''
d*,Sfue'
,'mlrm#-.irlWwMp,i{
"rqq6.. 1, ;$"t.*,
ri . r
'l I j' ll, _. l; i,-. : lrli:irr.i:,rl
'irlil.r "ll.: ., i "-,: tl .l,\;r;i i'rl
i.)!, i rrrij t:_l l :rl r': rti l:
6,000 CONSTRUCTION
JOBS FOR FI.ORIDIANS
:r,,r._ ,i.rt -. ll; rr1 ir: t.,r.-
50 MILLION
TRAVELERS
3 MILLION CARS
OFF THE ROAD
-!a: )'r rl t 1,: r:l; ' rj la i il
r.i,i r:l\ itit :11ir"i::ri ir li: ,r ,,
ilrl llil, ,r'r' 'j rri l
tm
..,s)
til
-^@
!,
,#m*s#
rli i |r ri .llrr lr ill
|ir]].rir,,-,i1,l1,ia I
Tri-Rai1. thc region's corrmuter rail line. runs trlong the CSX railroad tracks to the west ollnterstate
9-5, connecting Miami IntemationalAirport to the south (in 20l5) r,vith West Pahn Beacl'r to the nofih. It has
llve stations in Miarni-Dade Countlr, seven in Broward, and six stations in Palm Beach Counfy. lt connects
to Metrorail's Green Line at a transfer station in eastern Hialeair, and will connect to the Orange Line of
Metroraii at Miami Intemational Airport later in 20 I5. Future plans call tbr Tri-Rail to rlln a ner.v line along
the Al1 Aboard Florida tracks, with a near-tenn plan to connect to the A11 Aboard station in downtor,vn Miarni
via existing rail lines behveen the current Metrorail transfer station near N.W. 72"d Street that connect to te
FEC line to the east.
Miami Intermodal Center (MIC)
The Miarni Intermodal Center (MIC) project just east of the Miami Intemational Airport was
sponsored by the Florida Deparhnent of Transportation (FDOT). The first phase, which opened in 2011,
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
868
REGIONAL ANALYSIS
inch"rcled the nerv, 3.4-million square foot rental car center sen'ing MIA, rvith a people lnover connecting
riders to the airport tenninal. The next stage. the Miami Central Station. opened in2012 r,vith a Metrorail and
Metrobus station. By 2015, Amtrak and Tri-Rail, South Floricla's oolnlnuter rail seryice. are expected to
connect to Miami Central Station.
Major Roads
The tnajor interstate highways serving Miarni-Dade County are l-95, on the east, and I-75, on the
west. both generally running nortl/south through the region. Florida's Tumpike is a six-lane toll road
running fiom Horlestead at the south end of the county to Wildwood Florida just south Ocala. The Tumpike
forms an outer bellr,vay around developed areas ol Miarni-Dade County. State Road 826 (the Palmetto
Expressr,vay) fbnns an inner beltrvay, '"vhile State Road 836 (the Dolphin Expressway) is the primary
east/west axis comecting the Miarni CBD with the county's \.vestem suburbs.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS 12
869
Exhibit F
Appraiser' s Qualifi cations
XHIBIT
870
QUALIFICATIONS
JOHN A. BLAZEJACK, MAI, CRE, FRICS
Partner
Blazejack & Company
Academic
Florida State University, B.A.
Florida International University - M.S.M. Real Estate
Most Recent Courses
1992 - Level II Course 520 - Highest and Best Use and Market Analysis
2000 - Level II Course 530 - Advanced Sales Comparison and Cost Approaches
2008 - Member of review team for revised course on Market Analysis & Highest & Best Use
2008 - Member of the review team for new course on Advanced Market Analysis & HBU
2010 - Valuation for Financial Reporting
2012 - Member of review team for Marketability Studies and Advanced Marketability Studies seminars
Experience
Mr. Blazejack, President of Blazejack & Company, has been active as a real estate counselor since
1970. His experience includes residential and income property appraisals, market and feasibility
studies, and acquisition and disposition reports. The work has been for a wide range of property
types including office, industrial, commercial and special use properties, hotels and recreational
facilities. These assignments have been conducted in over twenty states and extensively throughout
Florida.
Mr. Blazejack is a qualified expert witness who has testified in Federal district and lower courts. He
is an approved instructor of both the Appraisal Institute (AI) and the American Bankers Association.
Mr. Blazejack is a past president of the Greater Miami Chapter of the Society of Real Estate
Appraisers and was the 1992 President of the South Florida Chapter of the AI.
Designations and Licenses
MAI Member, Appraisal Institute, Certificate Number 6089, currently certified.
CRE Member, American Society of Real Estate Counselors, Certificate Number I l3 I .
FRICS Fellow of the Royal Institute of Chartered Surveyors Number 1250175
Registered Florida Real Estate Broker
State-Certified General Real Estate Appraiser, License Number P.293.
Affiliations
Mr. Blazejack is the past President of the Real Estate Counseling Group of America (RECGA).
Published Articles
The Appraisal Journal, Spring, 2011
Price versus Fundamentals - From Bubbles to distressed Markets
By Stephen F. Fanning. MAI John A. Blazejack. MAI and George R. Mann, MAI
Real Estate Issues, Volume 34. Number 1,2009
When Will the Miami Condominium Market Recover?
By Richard Langhorne, CRE, FzuCS and John A. Blazejack, MAI, CRE, FzuCS
871
QUALIFICATIONS
J GUTHRIE (JAY) MLINA& MAI, SRA
Blazejack & Company
Academic
B.B.A., Southern Methodist University, 1983
Experience
20 I 2-Present: Consultant, Blazejack & Company, Miami, Florida.
1995-2012: Appraiser, Clobus, Mclemore & Duke, Inc., Fort Lauderdale, Florida.
199 4-1995 : Appraiser, Investors Research Associates, Miami, Florida.
1993-1994: Appraiser, Cushman & Wakefield, Miami, Florida.
199l-1993: Appraiser, Bach Thoreen McDermott, Inc., Houston, Texas.
1988-1991: Appraiser, Georgia Federal Bank, Atlanta, Georgia.
1983-1988: Appraiser, Porcher, Bond, Wilk, Allison, Inc., Dallas Texas.
1982-1983: Salesperson, Helena Underwood Realtors, Dallas, Texas.
Mr. Mlinar has been active as a real estate appraiser/analyst on a full-time basis
since 1983. During this period, his real estate experience included highest and best
use analyses, market studies, consulting and evaluation of office buildings,
hotels/motels, apartments, condominiums, warehouses, vacant land, single-family
homes, retail stores, restaurants, shopping centers. mixed-use projects, golf courses
and special purpose properties.
Since 1993, these assignments were primarily concentrated in South Florida, but
with extensive work also completed on properties located throughout the state.
Throughout his career, Mr. Mlinar has completed appraisals, analyses and consulting
on properties located in 20 states and in Uruguay.
Designations and Licenses
MAI Member, Appraisal Institute, currently certified
SRA Member, Appraisal Institute, currently certified
Florida State-Certified General Real Estate Appraiser RZl9l6
Florida Licensed Real Estate Salesperson SL654868
872
APPENDIXT
873
Appendix 7
Summary of Public Revenue lmpact
Over j0 years
2022 (Yr 4)
S1.5m
1.5m
Over 99 veors
Total NPV @ 5% Totol NPV @ 5%
Ssgm
59m
521m
23m
S+tzm
466m
S35m
39m
CITY
Hotel Lease
Minimum Fixed Rent
Variable Rent
Percentage Rent (4% Gross)
Taxes
CRA City (thru 3/2044)
CRA County (thru 3 /?044)
New Resort Tax (Hotel 1%)
Resort Tax (Hotel 3%0, F&B 2o/o)
CDT Allocation (thru 2044)
Property Taxes*
Subtotal
$2.9m
1.1m
0.8m
0.8m
3.0m
1.5m
0.1m
tL?m
34m
26m
30m
118m
36m
13m
44m
16m
t2m
I2m
48m
16m
4m
883m
34m
26m
229m
902m
36m
326m
74m
16m
12m
20m
79m
16m
16m
7.2m
0.8m
1.lm
0.1m
54m
44m
L2m
20m
18m
4m
650m
335m
266m
44m
29m
14m
1,553m 159m
CIry TOTAL Sto.tm Sg6gm Ststm 52,436m Sz:am
COUNTY
Convention Devl. Tax (3%)
Local Option Sales Tax (1%)
Property Taxes*
Subtotal County
SCHOOLS (Property Tax)
OTHER PROPERTY**
STATE SALES TAX (6%)
TOTAL Szo.+m 581Om Sgzzm S6,215m Sseom
* 95% of general property taxes allocated to CRA through 3/2044
** Regional property tax and Children's Trust property tax
Key Assumptions:
All analysis completed on a calendar year basis
Year 1 through 10 based on developer proforma
Assumed ZYo growth rate beginnin8 in year 11 and beyond
NPV to 2016
S1.5m of County CDT allocated to City beginning in third year of hotel opening through 2044
Sources: Portman, City of Miami Beach, SAG.
2.0m 110m 42m L,252m 87m
1.5m
0.2m
6.6m
60m
7m
264m
24m
3m
107m
453m 40m
55m 5m
2,Ot9m !76m
874
23 I SATURD Y.AIGUSI22.2O5 tsl TOCAL & STATE Miarillerald.conr i lllllllHER ID
r--,
-.ro 3.2o5
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
AND INTENTTO CONSIDER A
DEVELOPMENTAND
GROUND LEASE AGREEMENT
NOIICE 15 HEREBY glwn that a Se6nd Reading/Fr:blic Hm.ino vrill be h6rd bV the Ma1rer and City
Commission of fi€ City of Miami Beadr, Florida. in tha Comissim Clrartrs, 3rd Floor. Gty Hall.
t700 Convemion Cerner Driye, Miami Ba*r, Florida, onlllhdmdeV, Scptrnbr2,2O5 it |I:OOa.m,tr Bs run lhereEfter as tha nratter en be heard, to considar
A R6olution Of Tha MayorAnd Ciry Commksion Of Tha City Of Miani Eaactr, Apprwing.
Folloadng Second Reading/h.rblic Hearing, A DevdopnEnt Ard Grwnd Leese Agreement, AsAdhoriud, Raspectivaly, Urd€r Sstion 1lA{ Of Th€ GtV CodE, SEtions 16il-3220 - f63-3243,
Florida Statjte.Ard Sotim 82-37 Of The City Code. BetrrenTha City And Portman MiamiBedl, LLC ("Portrmn"), ForThe Derelopmeot Of An 8OGRrcm Cow€ntin Headclprts Hotel
And Related Facilities, lmluding UpTo 95,000 Squars fut Of Cmfurercs And Eallr@m F*ilitis,
And UpTo 3raUU SgEe Feet Of R6tilrant Facilities (The 'Hotel'), On An Approrimately Z.6b
Ase Sila OnTha Northeat Cornar Of 17n StrmtAnd Cmantion Cantar lliw, Bourded Roughly
ByTha Miami Haarfi Cmantion Csr*arToTha Norrh, l7i StmtToTha Srrfh,fha FillmraMami
Bsach AtThe Ja*ie GlmonTheaterToThe East, And Corwerrtion Cmtsr DriwToTheV\,bst CIhe'Lmsad Property"l; DelineringThe Oqrdhions ForThe Deign, Construction, Equipdng And
Opration OfTh€ Hotal OnThe Leed PropertyWith No City FundingTherufor; Prwiding ForA
Sr'YErTem OfThe L€asod Prop€rty Ofle Certain Co(ditiocArB Satisfied; Protritiring Gambling
Establishrmts OnThe Lemed ftoprty;Ard Prwidlng ForArrual Bas RsntToThe City,AfterThe
Hotel foens, OfThe Greater of Minimm Fxed Rent OrA Percenlage OfTtre Grms Rsyerues Of
The Hotel, Arurg Othtr Rent
PROPETIY Tha proposad Laasd PropBrty mmists of a Frtior of Folio lrlo. 02-327{00-0090,
on an 4pmximady 2.66 acm sitB m tha no:thamt cornr o{ t7t Sirsgt and Comantion Cenlar
Drive. bounded u€hly bV the Miami Bmdr Coryer*ion Certer to the North, l7h Strwt to the
South.the Fillmrc Miani Beach at the Jaclia GlmmnThoaterto tho East, and Corusntion Caitgr
Driveto thcWat
PFRMITFi, TISFS:Tha proynwl DawloJrmant and Gmrrnd lama Agranmnt dms noi amnd
tha mdn pemittad u*s undr tha Cityt Land DavalopmEnt Rsgulations, whidr induda parking
lots, gsragB, pEtrfoming Erts and dltural facilitim; hotel; merchandise mtrt; mmercial or offics
davdoprmr4 landsmpe opon spaB; parks and arry usc that;s custmarily mciated with a
coMrnion Bnttr trgwtrnrBilal buiuirqs rd uss
Under the Cityb Land Dmlopment Hegulstions, the maxil]xfr building inteGity for this zofling
district (lhe COC Civic and Cqtwntion CEnta, district) is o floor arm rdtio of 2.75.Thr mximum
bulldng heighfor a hotel is X)0leer.The scale of $e hotel u* is lirnhed by setbsd, heigt& flmr
arua ratio, minimum room sia. parking rquirmnts of .4 sprcB par rmm and oth6r prdisims
of ttn Citv's Lrd Dwalognent R4ulations.The dty's Land Devalopmnt Raqnrlaims do not
prwide lor populalion dsnsities iorthi. zoning dstrict.
The heigtt ol arry haffiaHe building on the Lrosed Property shsll not cr(coed:t Ofeet to the top of
th6 roof, and ardritecturd projedione will conrply with lhe terms of fE City's Land DevsloprnBnt
Ragulaiore-
drting nomal busitFJss l?x9lurs in the OfiG of tB Ary de*, 1700 C*wttion C.enter hiw. lst Fl@r.
Oty Hall. Miari Eqdtv furida B1N- lnqtirias ruy b clireded to the O(f@ of the City Anorrey at
,4673.7470.
INTERESTED PI{FTIES are irwited to appsai at this .neetim, or bB rBpr6Bnted by an agent, or to
o{press thdr vievt/s ir writing addressod ro the CiW Cormision, do the City Gerlc 1700 Convention
Canter Drive, 1r F@r, Gty H8ll, Miani Bedr, Florida iBl n.This item is rvsilable for p:Hic inspetion
during rcmd buires hwrs in tha Offie of ths Gty Cler( 1ilO Convention Cmter Drive, t! Flmr,
Gt. Hall, Mmi Baadr. Forida 3ill$l.This muting, or any itm thrain, my be comired, and under
sudr cironstanc6, dditional legal noti@ need rot be prwided
Rrrsuant to S@tion 2BE.0!O5, Fla. Stat., the City hereby advisE the puHis thd if a persn &cides to
appeal rry decision made by the City Cornnission vrith c+6tto arry matteroonsidered atits resting
ur il.s lerir4l *rIr perwrr ntwt sEuru !ltut a vsbill,iul rword uf thE lrots[f,ngs :s uEdc, srri(rr
rmord irdudes tha tBstimrry and avidence upo: which th8 am6al is to be basd. This notic8 do€s not
conslilule onsnt by the City lor tha introductim tr admissbn of othgvis imdmissibla s irmlavant
widene, nry des h ruthorize dpllenges or apmls not dreruis allwed by law.
To requct lhis mterial in dte.nate fomat, sign langu{e intspretBr (tivFday rctice rEquirsd},
informatim on rossfor p€r$ns nith dsabilities, andq any amommodatim to revievr any d@umsnt
or participate in rry City sponsorBd preedings, call 3(b.mA24Eg ad *bct t for English a 2 for
Spanish. thm option gTTYrem my cal via 711 (Florida Ralay Seruie).
Ad 1059
Rafad E. Granado. Oty OBrk
Clty df Mlaml Be*h
875
iigiiilEgEElEgiIlgigiiirltlrilgiggl*EilEgliIEg
o(9
-2,oEl$<<x
HHN.
Z.- CE
SEH>d=
lI .. uJo=F- \JO-
f;uH
o
tillffi$
luzh
6N
dN
Fq
(,
f
t
oq
d
=-F
Uz
Eo
!'Eo-
E
.E
=
6J
4q
=sE
876
x,.-. ** *'
I--
mffiffiryw
1111!. ?rlt1"'-t . ,. i.; ;,;ra;: l'ij '' ::, ,- , '"'.- : I I200 Convention Center Drive, Miomi Beoch, Florido33l39
www.miomibeochfl.gov
OFFICE OF THE CIW ATTORNEY
Tel: 305.673 .7 47O, Fox: 305.673.7002
TO:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM:RAUL.r. acurfi,O Co.?CITY ATTORNEY
DATE: SEPTEMBER 2, 2015
SUBJECT: RESOLUTION CALLING NOVEMBER 3, 2015 SPECIAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAM! BEACH, FLORIDA A QUESTION
ASKING WHETHER CITY SHOULD LEASE 2.65.ACRE PROPERTY AT
NORTHEAST CORNER OF 17TH STREET AND CONVENTION CENTER
DRIVE TO PORTMAN MIAMI BEACH LLG FOR 99 YEARS, REQUIRING,
PERRESoLUTloN2015.-,coNsTRUcTloN/oPERATloNoF
PRIVATELY.FUNDED 8OO ROOM HOTEL WITH 3OO FOOT HEIGHT
LIMIT, CONNECTED TO CONVENTION CENTER VIA PEDESTRIAN
SKYBRIDGE; NO GAMBLING; AND RENT TO CITY AFTER HOTEL
OPENS, INCLUDING GREATER OF: MINIMUM RENT ($12,373,785 OVER
FIRST TEN YEARS, ADJUSTED THEREAFTER) OR PERCENTAGE OF
HOTEL'S REVENUES ANNUALLY.
The attached Resolution has been prepared calling for a City of Miami Beach Special
Election to be held on November 3, 2015 for the purpose of submitting to the City's
voters the following question Pursuant to Section 1.03(bX3) of the City Charter:
Agenda ttem A7BDate ?-2-{i877
Referendum Re: Approval of City's
Lease of Gity Property for Gonvention Genter Hotel
Should City lease 2.65-acre property at northeast corner of '17th Street and Convention
Center Drive to Portman Miami Beach LLC for 99 years, requiring, per Resolution 2015-
Construction/operation of privately-funded 800 room Hotel with 300 foot height
limit, connected to Convention Center via pedestrian Skybridge,
No gambling,
Rent to City after Hotel opens, including greater of: minimum rent ($12,373,785
over first ten years, adjusted thereafter) or percentage of Hotel's revenues
annually?
Section 1.03(bX3) of the City Charter provides in pertinent part:
The sale, exchange, conveyance or lease of ten years or longer of the
following properties shall require approval by vote of at least sixty (60)
percent of the City's voters voting thereon in a City-wide referendum: (1)
Convention Center Parking Lofs; All City-owned surfaCe parking lots
located in the Civic and Convention Center District, generally bounded
by Lincoln Lane on the South, Washington Avenue on the East, Meridian
Avenue on the West and Dade Boulevard on the North; (2) Convention
Center Campus: All City-owned property, except for the Convention
Center and Carl Fisher Club House, located within the Civic and
Convention Center District (includes City Hall, 1701 Meridian Street, 555
17th Street, 21sl Street Community Center, The Fillmore Miami
BeachiJackie Gleason Theater, and the 17th Street Parking Garage).
The proposed Leased Property is located within the Convention Center Campus, as
defined by Section 1.03(bX3). The proposed Development and Ground Lease
Agreement is the subject of a companion agenda item being considered at the
September 2,2015 City Commission meeting.
Pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 3,
2015 ballot is September 4,2015. Accordingly, this matter is timely presented to the
City Commission and adoption of the attached Resolution may take place at today's
meeting.
T:\AGENDA\20',lS\September\MBCC Headquarter Hotel\City Atty Comm Memo Ballot Question MBCC Hotel.docx
878
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 3, 2015 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY
SHOULD LEASE 2.65.ACRE PROPERTY AT NORTHEAST CORNER OF 17TH
STREET AND CONVENTION CENTER DRIVE TO PORTMAN MIAMI BEACH
LLC FOR 99 YEARS, REQUIRING, PER RESOLUTION 2015.-,
CONSTRUCTION/OPERATION OF PRIVATELY.FUNDED 8OO ROOM HOTEL
WITH 3OO FOOT HEIGHT LIMIT, CONNECTED TO CONVENTION CENTER VIA
PEDESTRIAN SKYBRIDGE; NO GAMBLING; AND RENT TO CITY AFTER
HOTEL OPENS, INCLUDING GREATER OF: MINIMUM RENT ($12,373,785
OVER FIRST TEN YEARS, ADJUSTED THEREAFTER) OR PERCENTAGE OF
HOTEL'S REVENUES ANNUALLY.
WHEREAS, following a duly noticed first reading/public hearing on July 31, 2015, and a
duly noticed second reading/public hearing on September 2,2015, the Mayor and City
Commission of the City of Miami Beach, Florida adopted Resolution No. 2015-_, a copy
of which is attached hereto and incorporated by reference herein as composite Exhibit "A,"
approving a Development and Ground Lease Agreement with Portman Miami Beach, LLC for
the development of an 800 room convention headquarter hotel and related facilities (the
"Hotel"), on an approximately 2.65-acre site on the northeast corner of 17th Street and
Convention Center Drive, bounded roughly by the Miami Beach Convention Center to the North,
17th Street to the South, The Fillmore Miami Beach at the Jackie Gleason Theater to the East
and Convention Center Drive to the West (the Leased Property"); and
WHEREAS, the Development and Ground Lease Agreement ("Lease"), attached hereto as
Appendix 1 to Exhibit "A," delineates the conditions for the design, construction, equipping and
operation of the Hotel on the Leased Property, with no City funding or financing therefor;
provides for a 99-year term of the Leased Property once certain conditions are satisfied;
prohibits gambling establishments on the Leased Property; and provides for annual base rent to
the City, after the Hotel opens, of the greater of minimum fixed rent or a percentage of the gross
operating revenues of the Hotel, among other rent; and
WHEREAS, pursuant to Section 1.03(bX3) of the City Charter, the Lease is contingent upon
and requires approval by vote of at least sixty (60) sixty percent of the voters voting thereon in a
City-wide referendum; and
WHEREAS, Resolution No. 2015-and the accompanying Lease attached as
879
Appendix 1 to Exhibit "A," has been fully negotiated and is incorporated herein for the purpose
of providing the public with full and complete information regarding the proposed Lease, in
advance of the voter referendum required thereon.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH:
SECTION 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 3, 2015,
for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at
the polling places and the voting precincts as determined by the Miami-Dade County Election
Officials as set forth in the attached Exhibit "B".
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
880
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:OO
A.M. UNTIL 7:00 P.M. ON THE 3rd DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
Referendum Re: Approval of
City's Lease of City Property for Convention Center Hotel
Should City lease 2.65-acre property at northeast corner of 17th Street and Convention
Center Drive to Portman Miami Beach LLC for 99 years, requiring, per Resolution 2015-
. Construction/operation of privately-funded 800 room Hotel with 300 foot height limit,
connected to Convention Center via pedestrian Skybridge,
. No gambling,
. Rent to City after Hotel opens, including greater of: minimum rent ($12,373,785
over first ten years, adjusted thereafter) or percentage of Hotel's revenues
annually?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 3,
2015, hereby called, shall be in substantially the following form, to-wit:
881
..OFFICIAL BALLOT"
Referendum Re: Approval of Gity's
Lease of Gity Property for Convention Center Hotel
Should City lease 2.65-acre property at northeast corner of 17th Street and Convention
Center Drive to Portman Miami Beach LLC for 99 years, requiring, per Resolution 2015-
Construction/operation of privately-funded 800 room Hotel with 300 foot height limit,
connected to Convention Center via pedestrian Skybridge,
. No gambling,
. Rent to City after Hotel opens,
over first ten years, adjusted
annually?
including greater of: minimum rent ($12,373,785
thereafter) or percentage of Hotel's revenues
YES
NO
SEGTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on _, 2015. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration should
882
be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th Avenue, Doral, Florida
33172;Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to cast
their ballots in accordance with the provisions of the Laws of the State of Florida with respect to
absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
lf any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then
said holding shall in no way affect the validity of the remaining portions of said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
2015.
PHILIP LEVINE
MAYOR
APPRO,EDAS Tc)
FORM &I.AI{GUAGE
& FOR EGCI.ITION
.Q*r Cr; t','\'(5
Gnyrffinry fu{, Dde
883
Exhibit "A"
See Agenda ltem R7A
884
'DE7 MIAAAIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CIry ATTORNEY COMMISSION
MEMOMNDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
ttul.*AcltF_& J- Cu (
GITY ATTORNEY
September 2,2015
A RESOLUTION OF THE MAYOR AND CIry GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2015
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE GITY OF MIAMI BEACH, FLORIDA, A QUESTION
ASKTNG WHETHER THE FLOOR AREA RATTO (FAR) FOR THE "OCEAN
TERRACE OVERLAY DISTRIGT," WITH AN UNDERLYING ZONING
DESIGNATION OF "COMMERCIAL DISTRICT-2" ("CD-2") AND "MIXED
usE ENTERTAINMENT DISTRICT" ("MXE"), BE INCREASED FROM A
MAXIMUM 2.0 FAR TO A MAXIMUM 3.0 FAR FOR RESIDENTIAL AND
HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
COMMERCIAL USES; WHIGH OGEAN TERRACE OVERLAY DISTRICT lS
LOCATED BETWEEN 73RD AND 75TH STREETS, COLLINS AVENUE, AND
OCEAN TERRACE?
Pursuant to the request of City Commissioner Joy Malakoff, the attached Resolution has
been prepared calling for a City of Miami Beach Special Election to be held on November 3,
2015 for the purpose of submitting to the City's voters the following question:
SHALL THE FLOOR AREA RATIO (FAR) FOR THE "OCEAN TERRACE
OVERLAY DISTRICT," LOCATED BETWEEN 73RD AND 75TH STREETS,
COLLINS AVENUE, AND OGEAN TERRACE, WHICH HAS UNDERLYING
zoNlNG DESIGNATION OF "COMMERCIAL DISTRICT-2" ("CD-2") AND
"MlxED USE ENTERTAINMENT DISTRICT" ("MXE"), BE INCREASED FROM
A MAXIMUM OF 2.0 FAR TO A MAXIMUM OF 3.0 FAR FOR RESIDENTIAL
AND HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
GOMMERCIAL USES?
Agenda ttem RZ C
oate ?-2-t f885
Pursuant to the City Charter Section 1.03(c), the City is required to hold an election and
obtain a majority vote of the electorate in order to authorize any increase in the Floor Area Ratio
(FAR) of any property. The City is seeking to create the "Ocean Terrace Overlay District," which
district is located between 73'd and 75th Streets, Collins Avenue, and Ocean Terrace. The
underlying properties are zoned Commercial District 2 (CD-z) and Mixed Use Entertainment
(MXE), and currently have a maximum FAR of 2.0. The proposed FAR increase of 1.0, from a
maximum FAR of 2.0 to 3.0, would be restricted to residential and hotel uses and could not be
utilized for commercial/retail uses.
Finally, pursuant to directive of the Miami-Dade County Elections Department, the
final date by which the City may adopt its Resolution placing a ballot measure on the
November 3, 2015 ballot is September 4, 2015. Accordingly, this matter is timely
presented to the City Commission and adoption of the attached Resolution may take place
at today's meeting.
886
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2015 SPEGIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAM! BEACH, FLORIDA, A QUESTION ASKING
WHETHER THE FLOOR AREA RATIO (FAR) FOR THE "OCEAN TERRACE
OVERLAY DISTRICT," WITH AN UNDERLYING ZONING DESIGNATION OF
"GOMMERCIAL DISTRICT-2" ("CD-2"1 AND "MIXED USE ENTERTAINMENT
D|STRICT" ("MXE"), BE INGREASED FROM A MAXIMUM 2.0 FAR TO A
MAXIMUM 3.0 FAR FOR RESIDENTIAL AND HOTEL USES ONLY, AND
ALLOW NO FAR INCREASE FOR COMMERCIAL USES; WHICH OCEAN
TERRACE OVERLAY DISTRICT IS LOCATED BETWEEN 73RD AND 75TH
STREETS, COLLINS AVENUE, AND OCEAN TERRACE?
WHEREAS, pursuant to Section 1.03(c) of the City Charter, the floor area ration (FAR)
of any property within the City of Miami Beach shall not be increased by zoning, transfer, or any
other means from its current zoned floor area ratio as it exists on the date of adoption of this
Charter Amendment [November 7, 20011, including any limitation on floor area ratios which are
in effect by virtue of development agreements through the full term of such agreements, unless
anv such increase in zoned floor area ratio for anv such propertv shall first be approved bv a
vote of the electors of the City of Miami Beach; and
WHEREAS, the City would like to schedule a vote of the electorate for Tuesday,
November 3,2015, in order for the residents of Miami Beach to vote on whether the residential
and hotel use FAR for the proposed Ocean Terrace Overlay District should be allowed; and,
WHEREAS, The City desires to place the question on the ballot and call a special
election.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. ln accordance with provisions of the Charter of the City of Miami Beach, Florida
and the general laws of the State of Florida, a Special Election is hereby called and directed to
be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November
3,2015, for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2. That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the certification of the
results of said Special Election to be performed by the City Commission. The official returns for
each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the
ballots from all precincts have been tabulated.
SECTION 3. That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All electors
shall vote at the polling places and the voting precincts as determined by the Miami-Dade
County Election Officials as set forth in the attached Exhibit "A".
887
SECTION 4. Not less than thirty (30) days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald, a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5. The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:OO
A.M. UNTIL 7:OO P.M. ON THE 3RD DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
1.0 MAXIMUM FAR INCREASE FOR RESIDENTIAL AND
HOTEL USES IN OCEAN TERRACE OVERLAY DISTRICT
SHALL THE FLOOR AREA RATTO (FAR) FOR THE "OCEAN TERRACE
OVERLAY DISTRICT," LOGATED BETWEEN 73RD AND 75TH STREETS,
COLLINS AVENUE, AND OGEAN TERRAGE, WHIGH HAS UNDERLYING
zoNlNG DESIGNATION OF "COMMERGIAL DISTRICT-2" ("CD-2") AND
"MtxED USE ENTERTAINMENT DISTRIGT" ("MXE"), BE INGREASED FROM
A MAXIMUM OF 2.0 FAR TO A MAXIMUM OF 3.0 FAR FOR RESIDENTIAL
AND HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
COMMERCIAL USES?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said elections.
SECTION 6. That the official ballot to be used in the Special Election to be held on November
3,2015, hereby called, shall be in substantially the following form, to-wit:
888
..OFFIClAL BALLOT''
1.0 MAXIMUM FAR INCREASE FOR RESIDENTIAL AND
HOTEL USES IN OCEAN TERRAGE OVERLAY DISTRICT
SHALL THE FLOOR AREA RATIO (FAR) FOR THE "OGEAN TERRACE
OVERLAY DISTRICT," LOCATED BETWEEN 73RD AND 75TH STREETS,
COLLINS AVENUE, AND OCEAN TERRACE, WHIGH HAS UNDERLYING
zoNING DESIGNATION OF "COMMERCIAL DISTRICT-2" ("CD-2") AND
"MtxED USE ENTERTATNMENT DISTRICT" ("MXE"), BE !NCREASED FROM
A MAXIMUM OF 2.0 FAR TO A MAXIMUM OF 3.0 FAR FOR RESIDENTIAL
AND HOTEL USES ONLY, AND ALLOW NO FAR INCREASE FOR
COMMERGIAL USES?
YES
NO
SECTION 7. The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
SECTION 8. Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration. Qualified
persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700
Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business
hours, and at such other voter registration centers and during such times as may be provided by
the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on 2015.
All persons eligible to vote at this Special Election must be registered before the time and date
set forth herein or have registered previously, as provided by law. Each person desiring to
become a registered voter shall be responsible for properly filling out the registration form and
returning it to the Miami-Dade County Elections Office. All questions concerning voter
registration should be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th
Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 9. That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to absentee voting.
SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of
invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11. lf any section, sentence, clause or phrase of the proposed ballot measure is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
no way affect the validity of the remaining portions of said ballot measure.
889
SECTION 12. This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
2015.
Rafael E. Granado, City Clerk
(Requested by City Commissioner Joy Malakoff)
APPI?OVED AS TO
FORM & LANGUAGE
& FOR EXECUNON
Cfyffiomey
gc*F-- !4,f
Dote
890
1.0 FAR INCREASE FOR OCEAN TERRACE OVERLAY DISTRICT FOR
RESIDENTIAL AND HOTEL USES
PROPOSED BALLOT QUESTION AND AMENDED TEXT
NOVEMBER 3,2015 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
{.0 FAR INCREASE FOR OCEAN TERRACE OVERLAY DISTRICT FOR
RESIDENTIAL AND HOTEL USES
SHALL THE FLOOR AREA RATTO (FAR) FOR THE "OGEAN TERRACE
OVERLAY DISTRICT," WITH AN UNDERLYING ZONING DESIGNATION OF
"GoMMERCIAL DISTRICT-2" ("CD-2") AND "MIXED USE ENTERTATNMENT
DtsTRtcT" ("MXE") BE TNCREASED FROM A 2.0 FAR TO A 3.0 FAR FOR
RESIDENTIAL AND HOTEL USES ONLY, AND ALLOW NO FAR INGREASE
FOR COMMERCIAL USES, WHIGH OGEAN TERRACE OVERLAY DISTRICT
IS LOCATED ON THE TWO SQUARE BLOCKS OF 73RD AND 74TH STREETS
BETWEEN COLLINS AVENUE AND OGEAN TERRACE?
YES
NO
II. PROPOSED CITY CODE TEXT:
891
THIS PAGE INTENTIONALLY LEFT BLANK
892
r-f. -e.I-J
1?l:'20lrr
i*i-' ''. , i
;--. ^--. , "..
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUIIA, CITY ATTORNEY COMMISSION MEMORANDUM
TO:MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM:RAUL J. AGUILA&^]. 05,.\-
CITY ATTORNEY
DATE: SEPTEMBER 2, 2015
SUBJECT: RESOLUTION CALLING NOVEMBER 3, 2015 SPECIAL ELECTION
AMENDMENT TO CITY CODE SECTION 2459 ENTITLED: ..CERTAIN
APPEARANGES PROHIBITED".
Pursuant to the request of City Commissioner Joy Malakoff, the attached
Resolution has been prepared calling for a City of Miami Beach Special Election to be
held on November 3, 2015 for the purpose of submitting to the City's voters the
following question:
GITY CODE SECTION 2459, WHICH PROHIBITS CIry BOARD MEMBERS AND
THEIR ASSOCTATES FROM LOBBYING CITY PERSONNEL AND AGENCIES,
ALREADY HAS AN EXCEPTION ALLOWING LOBBYING FOR NON.PROFIT
ENTITIES. SHOULD THIS SECTION BE AMENDED TO ALSO INCLUDE AN
EXCEPTION ALLOWING HISTORIC PRESERVATION AND DESIGN REVIEW
BOARD MEMBERS WHO ARE ARCHITECTS OR LANDSCAPE ARCHITECTS TO
LOBBY CITY PERSONNEL AND AGENGIES ON LAND DEVELOPMENT
APPLICATIONS, EXCEPT FOR APPLIGATIONS BEFORE THE BOARD ON WHICH
THEY SERVE?
This proposal seeks to amend City Code Section 2-459, in the City's Code of
Ethics, by providing for an exception from the prohibition on lobbying by City officials.
The exception would be limited to Historic Preservation Board ("HPB") and Design
Review Board ("DRB") members who are architects or landscape architects, and would
allow those members to lobby City personnel or officials, except for members of the
boards on which they serve. Because the proposed exemption would lessen the
Agenda ltem R-? D
Date -{22-l{893
stringency of City Code Section 2-459, a public vote is required pursuant to City Charter
Section 1.05.
Commissioner Malakoff has proposed this ballot measure as part of her envisioned
comprehensive legislative reform towards streamlining and otherwise improving the
City's development review process. The prohibition on lobbying by all board members
set forth in City Code Section 2-459, although laudable in concept, has served to
discourage qualified design professionals from serving on the HPB and DRB, as such
service prevents them from lobbying the City on behalf of their clients. By amending
the Code to allow for a limited exception whereby such architecUlandscape architect
HPB and DRB members may lobby the City (while maintaining the existing prohibition
on lobbying (i) other members of the board on which the HPB or DRB member serves
or (ii) related City staff), the City will have a greater opportunity to attract qualified
design professionals for such City service.
Finally, pursuant to a directive of the Miami-Dade County Elections Department,
the final date by which the City may adopt a Resolution placing a ballot measure on the
November 3, 2015 ballot is September 4, 2015. Accordingly, this matter is timely
presented to the City Commission and adoption of the attached Resolution may take
place at today's meeting.
F:\ATTO\AGUR\I\4EMOS\CITY CODE SECTION 2-459 Comm Memo.docx
894
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CIry OF
MTAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 3, 2015 SPEGIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CIry OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY
CODE SECTION 2459 SHOULD BE AMENDED TO PROVIDE FURTHER
EXCEPTION ALLOWING HISTORIG PRESERVATION AND DESIGN REVIEW
BOARD MEMBERS WHO ARE ARCHITECTS OR LANDSCAPE ARCHITECTS TO
LOBBY GITY PERSONNEL AND AGENCIES ON LAND DEVELOPMENT
APPLTCATIONS, EXCEPT FOR APPLICATTONS BEFORE THE BOARD ON
WHICH THEY SERVE.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 3, 2015,
for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election otficials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of Miami Beach of said Special Election shall be
as established by the proper and appropriate Miami-Dade County Election Officials. All electors
shall vote at the polling places and the voting precincts as determined by the Miami-Dade
County Election Officials as set forth in the attached Exhibit "A".1
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places for the City's November 3, 2015 Special Election. Accordingly, attached to this Resolution is a list of
bolling places from the City's November 2014 Special Election, which upon receipt from the County, will be
superleded by the Department of Elections' list of polling places for the City's subject November 3,2015 Special
Election, whlch tist of polling places for the City's November 3,2015 Special Election will be publicly noticed by the
City.
895
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
SEGTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOT]CE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:OO
A.M. UNTIL 7:OO P.M. ON THE 3,d DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
CITY CODE SECTION 2459:
ESTABLISH FURTHER EXCEPTION TO
PROHTBITION ON LOBBYING BY CITY BOARD MEMBERS
City Gode Section 2459, which prohibits Gity board members and their associates from
tobbying City personnel and agencies, already has an exception allowing lobbying for
non-profit entities. Should this Section be amended to also include an exception allowing
Historic Preservation and Design Review Board members who are architects or
tandscape architects to lobby Gity personnel and agencies on land development
applications, except for applications before the Board on which they serve?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said election.
896
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 3,
2015, hereby called, shall be in substantially the following form, to-wit:
..OFFICIAL BALLOT''
GITY CODE SEGTION 2-459:
ESTABLISH FURTHER EXCEPTION TO
PROHIBITTON ON LOBBYTNG BY GITY BOARD Ii'IEMBERS
City Code Section 2459, which prohibits City board members and their associates from
lob-bying Gity personnet and agencies, already has an exception allowing lobbying for
non-irofit eniiiies. Should this Section be amended to also include an exception allowing
Historic Preservation and Design Review Board members who are architects or
landscape architects to lobby City personnel and agencies on land development
applications, except for applications before the Board on which they serve?
YES
NO
SEGTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on October 5, 2015. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th Avenue, Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
897
SEGTION 9.
That the absentee voters participating in said Special Election shall be entitled to cast
their ballots in accordance with the provisions of the Laws of the State of Florida with respect to
absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION {1.
lf any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then
said holding shall in no way affect the validity of the remaining portions of said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this daY of
ATTEST:
2015
Philip Levine
Mayor
Rafael E. Granado
city crerk ,88[[8Yi',-8i,lBt
(Sponsored by City Commissioner Joy Malakoff) & FoR EXECUTIoN@*':*
-cifyTtotney
Dole\vNts
898
EXHIBIT "A"
MIAAAIBTACH
MIAMI BEACH SPECIAL ELECTION
NOVEMBER 4, 2014
MIAMI BEAGH PREGINCTS LIST
PCT Place Name Location PCT Place Name Location
01 1.0 Biscayne Elementary
School
800 77"'Street 031.0 Miami City Ballel 2200 Liberty Avenue
013.0 North Shore Branch
Librarv
7501 Collins Avenue 032.0 Miami Beach Regional
Librarv
227 22"" Slreel
014.0 North Shore Park Youth
Center
501 72"'Street
ii aatJ-:ij
033.0 Miami Beach Senior
Hioh School
2231 Praine Avenue
015.0 Normandy Shores Golf
Club
2401 Biarritz Drive ffi 036.0 Miami Beach Police
Athletic Leaoue
999 1 1'' Street
018.0 lndian Creek Fire Station
#4
6880 lndian Creek
flriva q
037.0 MiamiBeach Cig Hall 1700 Convention
Center Drive
019.0 Normandy Park & Pool 7030 Trouville
Esplanade j:
038.0 Veterans Foreign War
Post #3559
650 West Avenue
020.0 Ronald W. Shane Center 6500 lndian Creek
Drive
040.0 South Pointe Elementary
School
1050 4'Street
022.0 Miami Beach Fire Station
#3
5303 Collins Avenue 041.0 South Shore Community
Center
833 6"' Street *12
023.0 Miami Beach Fire Station
#3
5303 Collins Avenue 442.0 Feinberg Fisher K-8
Center School
601 14-Place
024.0 Nautilus Middle School 4301 N. Michigan
Avenue
--it#it:Fd#043.0 Miami Beach Police
Denartment
1 100 Washington
Avenue
025.0 St. Johns on the Lake
Methodist Church
4760 Pine Tree Drive WL
;?4b
044.0 South Pointe Park
Communifu Center
l Washington
Avenue
028.0 Temple Beth Sholom 4144 Chase Avenue .?i;&*:ffii 047.0 Rebecca Towers 200 Alton Road
029.0 North Beach Elementary
School
4100 Prairie Avenue 048.0 Rebecca Towers 200 Alton Road
030.0 Miami Beach Botanical
Garden
2000 Convention
Center Drive atr==,
Please note that the above list is subject to change, if needed.
The voting precincts for the November 4, 2014 City of Miami Beach Special Election shall be as established by the proper and appropriate
Miami-Dade County election officials. On Election Day, all electors shall vote at the polling places and the voting precincts in which the
official registration books show that said electors reside. Please ncte that the above list is subject to change. All questions concerning polling
places and voting precincts should be directed to Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172i
Telephone: 305.499.VOTE (8683) or 305.499.8480 TYY.
Rafael E. Granado, City Clerk
City of Miami Beach
899
GITY CODE SEGTION 2.459:
PROPOSED BALLOT QUESTION AND AMENDED CITY CODE TEXT
NOVEMBER 3,20{5 SPECIAL ELEGTION
t. PROPOSED BALLOT QUESTION:
CITY CODE SECTION 2.459:
ESTABLISH FURTHER EXCEPTION TO
PROHIBITION ON LOBBYING BY CITY BOARD MEMBERS
Gity Gode Section 2459, which prohibits Gity board members and their associates from
lobiying Gity personnet and agencies, already has an exception allowing lobbying for
non-profit entities. Should this Section be amended to also include an exception allowing
Historic Preservation and Design Review Board members who are architects or
landscape architects to lobby City personnel and agencies on land development
applications, except for applications before the Board on which they serve?
YES
NO
II. PROPOSED GITY CODE TEXT:
City of Miami Beach Code section 2-459. "Certain appearances prohibited."
(a) No member of a city board, agency or committee or a member of any board, agency or
committee created hereafter which is designated as a board, agency or committee subject to
the purview of this section shall:
(1) Either directly orthrough an associate, appear, represent or act on behalf of a third
person before the city commission or any city agency with respect to any agency action sought
by the third person.' (2) Either directly or through an associate be engaged as a lobbyist for and on behalf of
a third person with respect to any official action by any public officer sought by such third
person.
(b) Definitions. As used in this section, the following definitions shall apply:
Agency means any board, commission, committee or authority of the city, whether
advisory, ad hoc or standing in nature.
Associafe means any person or entity engaged in or carrying on a business enterprise
with a city agency member as a partner, joint venturer, or co-corporate shareholder where the
shares of such corporation are not listed on any national or regional stock exchange or co-
owner of property. Associate shall further include a business affiliation with a city agency
member where an "employee" or "of counsel" relationship exists.
Lobbyist means all persons, firms, or corporations employed or retained, whether paid or
not, by a p6ncipal who seeks to encourage the passage, defeat, or modification(s) of any of the
following: (1) ordinance, resolution, action or decision of any commissioner; (2) any action,
decision, or recommendation of any city board or committee; or (3) any action, decision or
recommendation of the city manager, deputy city manager, assistant city managers, all
department heads, all division heads, city attorney, chief deputy city attorney, deputy city
attorneys, and/or all assistant city attorneys (except when such personnel are acting in
conneition with administrative hearings) during the time period of the entire decision-making
900
process on such action, decision or recommendation which foreseeably will be heard or
reviewed by the city commission or a city agency. "Lobbyist," as defined above, specifically
includes the principal, as described above, as well as any agent, attorney, officer or employee of
a principal, regardless of whether such lobbying activities fall within the normal scope of
employment of such agent, attorney, officer or employee.
(1) For purposes of this section, and with limited applicability to those agencies that are
not standing in nature, "lobbyist" shall exclude any person who only appears as a representative
of a not for profit corporation or entity (such as a charitable organization, a neighborhood or
homeowner association, a local chamber of commerce or a trade association or trade union)
without special compensation or reimbursement for the appearance, whether direct, indirect or
contingent, to express support of or opposition to any item.
(2) For purposes of this section, and with limited applicability to those
agencies that are standing in nature.a. Lobbying by a board, agency or committee member shall be permitted when
such person is affiliated with a not for profit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union) in a capacity other than as a managerial employee and
appears as a representative of that particular not for profit corporation or entity without special
compensation or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item.
b. Lobbying by the associate of a board, agency or committee member shall be
permitted.
(i) When a board, agency or committee member is affiliated with a not for
profit corporation or entity in a capacity other than as a managerial employee, and the subject
associate is appearing as a representative of that particular not for profit corporation or entity
without special compensation or reimbursement for the appearance, whether direct, indirect or
contingent, to express support of or opposition to any item.
(ii) when a board, agency or committee member is a managerial
employee of a not for profit corporation or entity, and the subject associate is appearing as a
representative of that particular not for profit corporation or entity without special compensation
or reimbursement for the appearance, whether direct, indirect or contingent, to express support
of or opposition to any item and is affiliated with said not for profit corporation or entity in a
capacity other than as a managerial employee.
c. The term "managerial employee" shall mean any employee of a nonprofit
corporation or entity who has supervision and operational responsibilities/control of all or some
departments of said entity.' (3) For purposes of this section. and with limited applicabilitv t9. Historic
Preservation Board and/or Desiqn Review Board members who are architgcti ,or
rd to la said activ
ind Citv agencies other than the jlqengv (i.e.. Historic
Preservaiion Board or Desiqn Review Board) on which the subiect Board member sery9s
erve in their capacitv as staff to such aqencv. Tlis
ffiibit such architects or landscape archite-ctg ser,vinq on,th=e
rvation Board and/or Desiqn Review Board from submitti
boa on be member
oard his or her representation.of the lppli.can! qrJd
from speakinq or votinq or otherwise participating in the
review or approval of such application.
Pubyp officer means any person elected or appointed to hold office in the city, as a
member of an agency which shall include an advisory body.
901
THIS PAGE INTENTIONALLY LEFT BLANK
902
r.-, .-.
I--
OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY
TO: Members of the Gity Commission
City Manager Jimmy Morales
COMMISSION MEMORANDUM
FROM:
DATE:
SUBJECT:
Raut J. Aguila, Gity Attorney ,;L;*'t'i)k'"* 'f"
September 2,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SUPPORTING ..THE ENVELOPE
PLEASE" INITIATIVE, WHICH ASKS HOTELS TO PLACE ENVELOPES
IN HOTEL ROOMS TO REMIND GUESTS TO EXPRESS THEIR
GRATITUDE BY LEAVING TIPS FOR ROOM ATTENDANTS, AND
ENCOURAGING ALL HOTELS IN THE CITY OF MIAMI BEACH TO
PARTIGIPATE IN THE INITIATIVE.
The attached Resolution
for consideration by the Mayor
Commission Meeting.
is sponsored by Mayor Philip Levine and is submitted
and City Commission at the September 2,2015 City
F:\ATTO\TURN\COMMMEMO\The Envelope Please lnitiative.docx
Agenda ltem R-J E
Date {-L-15903
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SUPPORTING "THE ENVELOPE
PLEASE" INITIATIVE, WHICH ASKS HOTELS TO PLAGE
ENVELOPES IN HOTEL ROOMS TO REMIND GUESTS TO EXPRESS
THEIR GRATITUDE BY LEAVING TIPS FOR ROOM ATTENDANTS,
AND ENGOURAGING ALL HOTELS IN THE CITY OF MIAMI BEAGH
TO PARTIGIPATE IN THE INITIATIVE.
WHEREAS, A Woman's Nation, a nonprofit organization focused on the values,
needs, and well-being of women and their families founded by journalist and former first
Lady of California Maria Shriver, launched "The Envelope Please" lnitiative ("the
lnitiative") to encourage hotel guests to express their gratitude to the room attendants
who care for them while they are away from home; and
WHEREAS, the lnitiative asks hotels to place designated envelopes in hotel
rooms to make it convenient for guests to remember to express their gratitude to room
attendants by leaving tips and thank you notes; and
WHEREAS, while other hotel employees such as valet personnel may have
more face time with guests, room attendants typically clean hotel rooms while guests
are out and are therefore at risk of having their work overlooked in terms of receiving
tips; and
WHEREAS, over 10 hotel brands have joined the lnitiative since its launch in
September 2014, placing envelopes in more than 225,000 hote! rooms across the
United States and Canada; and
WHEREAS, the Greater Miami Convention & Visitors Bureau, a nonprofit
organization dedicated to marketing local areas as tourist destinations, supports the
lnitiative; and
WHEREAS, the Greater Miami & the Beaches Hotel Association, an
organization that includes more than 160 member hotels across Miami-Dade County,
supports the Initiative; and
WHEREAS, the Miami-Dade County Commission for Women, an advisory board
to the Miami-Dade County Board of County Commissioners, supports the lnitiative; and
WHEREAS, the Miami Beach Commission for Women has had many
discussions regarding, and is in favor of, the lnitiative and plans to further discuss
methods to help promote and provide education for the lnitiative.
904
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby support "The Envelope Please" lnitiative and encourage all hotels
in the City of Miami Beach to participate in the lnitiative.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
^,L0r,(-s-25- U
Ci,yAttonl€y
{
Dote
F:\ATTO\TURN\RESOS\The Envelope Please lnitiative Reso.docx
905
THIS PAGE INTENTIONALLY LEFT BLANK
906
R7 - Resolutions
R7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A
Settlement Agreement Between The City (Owner), PKY Lincoln Place, LLC (Tenant),
And 16th Street Partners, LLC (Master Subtenant), Relating To That Certain Agreement
Of Lease (Ground Lease), Dated September 1, 1999, For The Lincoln Place Garage,
Located At 1601 Washington Avenue.
(Office of the City Attorney/Tourism, Culture & Economic Development)
(ltem to be Submitted in Supplemental)
Agenda ltem RJ F :
Date -A-Z S--907
THIS PAGE INTENTIONALLY LEFT BLANK
908
r.-..-"
---
OFFICE OF THE CIry ATTORNEY
RAUIJ. AGUILA, CITY ANORNEY
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Commission
Gity Manager Jimmy Morales
FROM:
DATE:
SUBJECT:
Raul J. Aguita, city Attorn y'L{*z))tL,ct<-ft*
September 2,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEAGH, FLORIDA, APPROVING THE EXTENSION OF HOURS FOR
CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M.
LIQUOR LICENSE TO 7:00 A.M., UNDER CERTAIN SPECIFIED CONDITIONS
PURSUANT TO SECTION 6 OF THE CITY CODE, FOR WHITE PARTY 2015
(NOVEMBER 27th AND 28th, 2015), WNTER PARTY FESTTVAL 2016 (MARCH
4rH AND srH, 2016;, AND MtAMt BEACH GAy pRtDE 2016 (ApRlL 8rH AND
grH, 2016) AS REGoMMENDED By rHE LGBT ADVtsoRy coMMlrrEE, AND
FURTHER PROVIDING THAT THE EXTENSION OF ALCOHOLIC BEVERAGE
SERVICE HOURS BE APPLIED ONLY TO ALCOHOLIC BEVERAGE
ESTABLISHMENTS HOLDING EVENTS IN THE CITY OF MIAMI BEAGH ON
THE ABOVE.STATED DATES.
Pursuant to the request of Commissioner Michael Grieco, the attached Resolution is
submitted for consideration by the Mayor and City Commission at the September 2,
2015 City Commission Meeting.
F:\ATTO\TURN\COMMMEMO\Hours Ext for White Party Winter Party & Gay Pride 2015-2016.docx
909
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF
HOURS FOR GERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS
WITH A 5:00 A.M. LIQUOR LICENSE TO 7:00 A.M., UNDER CERTAIN
SPECIFIED CONDITIONS PURSUANT TO SECTION 6 OF THE CITY
coDE, FOR WHtrE pARTy 2015 (NOVEMBE_R 27th AND 28th,20151,
wtNTER pARTy FESTTVAL 2016 (MARCH 4rH AND 5rH, 2016), AND
MtAMt BEACH GAy pRtDE 2016 (ApRtL 8rH AND 9rH, 2016; AS
RECOMMENDED BY THE LGBT ADVISORY COMMITTEE, AND
FURTHER PROVIDING THAT THE EXTENSION OF ALCOHOLIG
BEVERAGE SERVICE HOURS BE APPLIED ONLY TO ALCOHOLIG
BEVERAGE ESTABLISHMENTS HOLDING EVENTS IN THE CITY OF
MIAMI BEACH ON THE ABOVE.STATED DATES.
WHEREAS, the City of Miami Beach is an international tourist destination known for its
many attributes including its vibrant nightlife; and
WHEREAS, the festivities during major event days and weekends in the City carry over
into the early hours of the morning; and
WHEREAS, in order to address the special circumstances for celebration which occur
on New Year's Eve, and during other major event days and weekends within the City of Miami
Beach, the Mayor and City Commission codified, in Section 6-3(7) of the City Code, an
established policy of allowing alcoholic beverage establishments with a 5:00 a.m. liquor license
to continue to sell and serve alcoholic beverages for on-premises consumption until 7:00 a.m.
during designated major event days or weekends; and
WHEREAS, the City's Major Events Plan and Special Event Guidelines designates
White Party, Winter Party Festival, and Miami Beach Gay Pride Weekend as "major event
periods" which make these events eligible for the extension of alcoholic beverage service hours
subject to the conditions established in the City Code; and
WHEREAS, the LGBT Advisory Committee considered this matter at its July 14,2015
meeting and recommended the extension of hours for alcoholic beverage sales and service for
White Parly 2015, Winter Party Festival 2016, and Miami Beach Gay Pride 2016; and
WHEREAS, the extension of alcoholic beverage service as provided in Chapter 6 of the
City Code should be applied onlyto events held in the Cityon November2Tt & 28th, 2015tor
White Party, on March 4th and sth,2016, forWinter Party Festival, and onApril 8th and gth,2016
for Miami Beach Gay Pride.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA, that the extension of hours for certain alcoholic
beverage establishments with a 5.00 A.M. liquor license to 7:00 a.m., under certain specified
conditions pursuant to Section 6-3(7) of the City Code, is hereby approved for White Party 2015
(November 27th and 28th, 2015), Winter Party Festival 2016 (March 4th and sth, 2016), and Miami
910
Beach Gay Pride 2016 (April 8th and gth, 2016), as recommended at the July 14, 2015 meeting
of the LGBT Advisory Committee and further providing that the extension of alcoholic beverage
service hours be applied only to alcoholic beverage establishments holding events in the City of
Miami Beach on the above-stated dates.
PASSED and ADOPTED this day of _, 2014.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\TURN\RESOS\Hours Ext for White Party Winter Party & Gay Pride 2015-2016.docx
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
@k -furlrCiN Attorcy -. * Dote'r1
911
THIS PAGE INTENTIONALLY LEFT BLANK
912
R7 - Resolutions
R7H A Resolution Adopting The Sixth Amendment To The Capital Budget For Fiscal Year
2014115. 11:05 a.m. Public Hearinq
(Budget & Performance lmprovement)
(ltem to be Submitted in Supplemental)
Agenda ltem RJ H
Date
_T]7]iK_
913
THIS PAGE INTENTIONALLY LEFT BLANK
914
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Approving,
ln Concept, An Accessible Beach And An Accessible Outdoor Recreation And Playground Facility
At Allison Park; And
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving,
ln Concept, The Proposed Construction Of A New Wellness Center At Allison Park; And Further
Authorizing The City ManagerAnd CityAttorney's Office To Negotiate The Material Business Terms
Of A Proposed Ground Lease Agreement Between The City, As Lessor, And The Sabrina Cohen
Foundation, As Lessee, For Approximately 10,000 Square Feet Of City-Owned Land, For
Gonstruction And Development Of The Proposed NewWellness CenterAtAllison Park (At Lessee's
Sole Cost And Expense), Which Final Negotiated Lease Agreement Shall Be Subject To Approval
By The City Commission And By A Majority Of The Voters ln A City-Wide Referendum, Pursuant To
Section 1.03(B) Of The City's Charter; Provided Further That The Final Negotiated Term Sheet Shall
Be Brouqht Back To The Citv Commission For
COMMISSION ITEM SUMMARY
lntended Outcome Su
Build and maintain priority infrastructure with full accountabilitv
Supporting Data (Surveys, EnvironmentalScan, etc.): The 2014 Customer Satisfaction Survey
indicated that over 77% of residents rated recently completed capital improvement projects as
"excellent" or "qood".
Item Summarv/Recom mendation :
Allison Park Redesiqn Proiect
The Sabrina Cohen Foundation (Foundation) approached the City proposing the implementation of an
accessible beach program; the City selected Allison Park for the location of such program and initiated a
project to redesign the park to provide an accessible beach and an accessible outdoor recreation and
playground facility.
On March 12,2015, the City retained A/E Services from Bruce Howard & Associates, lnc. (Consultant), to
develop a conceptual design for the Allison Park Redesign Project (the Project).
On July 27,2015, the Consultant submitted a conceptual design for the accessible beach and accessible
outdoor recreation and playground facility, reflecting the vision of the City and the Foundation.
On August 5,2015, a meeting was held with the Foundation representatives, Commissioner Joy Malakoff,
the City Manager, and representatives from the Departments of Parks and Recreation, Parking, Planning
and Zoning, Environmental, City Attorney's Office, Property Management and ClP, to discuss the elements
of the conceptual design for redesigning Allison Park to provide an accessible beach and an accessible
outdoor recreation and playground facility.
Sabrina Cohen Foundation Wellness Center
At the July 8, 2015 Commission Meeting, the Foundation requested that the City grant a lease for use of
City- owned land, in Allison Park, to the Foundation to develop, construct, maintain and manage a
Wellness Center, at the Foundation's sole cost and expense.
During the meeting held on August 5,2015, the Foundation and Staff also discussed possible locations for
the Wellness Center at Allison Park. The two possible locations for the Wellness Center are the Southern
portion of Allison Park (Conceptual Plan One), the center of the Park (Conceptual Plan Two), or a
combination of both sites (Conceptual Plan Three).
Administration Recommendation :the Resolutions.
Fi nancial lnformation :
Source of
Funds:
Amount Account
1
OBPI Tota!
Financial lmpact Summarv:
MIAMIBEACH 915
MIAMI BEACH
City of Miomi Beoch, I Z0O Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and the City
FROM: Jimmy Morales, City Manager
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING; !N CONCEPT, AN ACCESSTBLE BEACH AND AN
ACCESSIBLE OUTDOOR RECREATION AND PLAYGROUND FACILITY AT ALLISON
PARK; AND
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING, !N CONCEPT, THE PROPOSED CONSTRUCTION
OF A NEW WELLNESS CENTER AT ALLISON PARK; AND FURTHER AUTHORIZING
THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE THE
MATERIAL BUSINESS TERMS OF A PROPOSED GROUND LEASE AGREEMENT
BETWEEN THE CITY, AS LESSOR, AND THE SABRINA COHEN FOUNDATION, AS
LESSEE, FOR APPROXIMATELY IO,OOO SQUARE FEET OF CITY.OWNED LAND,
FOR CONSTRUCTION AND DEVELOPMENT OF THE PROPOSED NEWWELLNESS
GENTER AT ALLTSON PARK (AT LESSEE',S SOLE COST AND EXPENSE), WHTCH
FINAL NEGOTIATED LEASE AGREEMENT SHALL BE SUBJECT TO APPROVAL BY
THE CITY COMMISSION AND BY A MAJORITY OF THE VOTERS IN A CITY-WIDE
REFERENDUM, PURSUANT TO SECTION f .03(b) OF THE CITY'S CHARTER; AND
PROVIDED FURTHER THAT THE FINAL NEGOTIATED TERM SHEET SHALL BE
BROUGHT BACK TO THE CITY COMMISSION FOR APPROVAL.
ADMINISTRATION RECOMMEN DATION
The Administration recommends adopting both Resolutions.
BACKGROUND
The Sabrina Cohen Foundation (Foundation) approached the City proposing the implementation of an
accessible beach program. The City selected Allison Park (Park) for the location of such program and
initiated a project to redesign the Park to provide an accessible beach and an accessible outdoor
recreation and playground facility.
916
City Commission Memorandum -Approval, in concept, for the Allison Park Redesign Project
September 2, 2015
Page 2 of 3
Allison Park Redesion Proiect
On March 12, 2015, the City retained Architectural/Engineering Services from Bruce Howard &
Associates, lnc. (Consultant), to develop a conceptualdesign forthe Allison Park Redesign Project (the
Prolect).
On April 23,2015, a meeting was held to develop the vision scope of the Accessible Beach Program. The
Foundation representatives, as well as City representatives from the Parks and Recreation Department,
Environmental Division, and the City's ADA Coordinator provided input to the Consultant for the
development of a conceptual design.
On July 27,2015, the Consultant submitted a conceptual design forthe accessible beach and accessible
outdoor recreation and playground facility, reflecting the vision of the City and the Foundation (See
Attachment A).
On August 5,2015, a meeting was held with the Foundation representatives, CommissionerJoy Malakoff,
the City Manager, and representatives from the Departments of Parks and Recreation, Parking, Planning
and Zoning, Environmental, City Attorney's Office, Property Management and ClP, to discuss the
elements of the conceptual design for redesigning Allison Park to provide an accessible beach and an
accessible outdoor recreation and playground facility.
Sabrina Cohen Foundation Wellness Center
At the July B, 2015 City Commission Meeting, Sabrina Cohen requested that the City grant, to the
Foundation, a lease for use of City-owned land in Allison Park, to develop, construct, maintain, and
manage a Wellness Center, at the sole cost and expense of the Foundation.
During the meeting held on August 5,2015, the Foundation and Staff also discussed possible locations
for the Wellness Center at Allison Park. The footprint for the Wellness Center, depending upon which
conceptual plan is approved by the City Commission, may require an area of approximately 10,000
square feet or less. The two possible locations for the Wellness Center are the Southern portion of
Allison Park (Conceptual Plan One), the center of the Park (Conceptual Plan Two), or a combination of
both sites (Conceptual Plan three). The southern portion of the Park is not being utilized and does not
contain any structures. The center of the Park currently houses several pre-cast replicas of life-size sea
turtles of varying species, with interpretive signage, which turtle exhibits were erected at the end of the
year 2006 or beginning of the year 2007, pursuant to a Caribbean Conservation Corporation Sea Turtle
Grants Program Grant Agreement, dated August 17,2006 (the "Grant"). The Grant's objective was to
transform Allison Park into an ADA accessible park with an Eco-Walk that would educate residents and
tourists about the local coastal ecosystem and sea turtles nesting on Miami Beach. ln connection with
this project, the City installed turtle-sensitive lights and the sea turtle exhibits. The expectation that the
project would improve local connection to the sea turtles, increase stewardship of the sea turtles, improve
nesting habitat and overall increase preservation of sea turtles, and educate the public about the various
species of turtles. The Grant requires that the exhibits be placed west of the dune and along the Eco-
Walk but does not contain any prohibition from relocating them to a different location consistent with the
requirements of the Grant. Under a concept where the Wellness Center would be constructed at the
Center of the Park, the turtle exhibits could be relocated along a different portion of the Eco-Walk, which
would serve the intended purpose of the Grant.
917
City Commission Memorandum -Approval, in concept, for the Allison Park Redesign Project
September 2, 2015
Page 3 of 3
ANALYSIS
Allison Park Redesiqn Proiect
The original conceptual design addresses the expectations of the stakeholders and meets the
needs of an ADA Accessible Program, including reconditioning the shower area, providing beach
access using an alternative friable wood deck and ramp combined with Mobi-mats, using the north
section of the Park for a playground, outdoor exercise equipment and picnic tables, and re-striping
the existing parking lot to provide twelve additional ADA accessible parking spaces.
The estimated probable construction cost of the conceptual design provided by the consultant is
$800,000.
Sabrina Cohen Foundation Wellness Center
The Conceptual Design forthe Wellness Centershould complement and balance the landscape of
the Park. lt was agreed, during the meeting held on August 5,2015, that both concepts, for the
Allison Park Redesign and the Wellness Center, would be brought to the City Commission for
approval. This would allow CIP to continue with the Allison Park Redesign Project, while the
logistics to lease the land to construct the Wellness Center are completed.
CONCLUSION
The Administration recommends that the City Commission adopts these two separate resolutions.
Attachment A - City's Consultant Proposed Conceptual Design
JM/EC/DM
T:\AGEN DA\20 1 S\SeptembeACl P\Allison Park - Memo.doc
918
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, IN CONCEPT, AN ACCESSIBLE BEACH AND AN ACCESSIBLE
OUTDOOR RECREATION AND PLAYGROUND FACILITY AT ALLISON PARK.
WHEREAS, the Sabrina Cohen Foundation (Foundation) approached the City proposing the
implementation of an accessible beach program; the City selected Allison Park (Park) for the location of
such program and initiated a project to redesign the Park to provide an accessible beach and an
accessible outdoor recreation and playground facility; and
WHEREAS, on March 12,2015, the City retained Architectural/Engineering Servicesfrom Bruce
Howard & Associates, lnc. (Consultant), to develop a conceptual design for the Allison Park Redesign
Project (the Project); and
WHEREAS, on April 23,2015, a meeting was held to develop the vision scope of theAccessible
Beach Program with the Foundation representatives, as well as City representatives from the Parks and
Recreation Department, Environmental Division, and the City's ADA Coordinator, where input was
provided to the Consultant for the development of a conceptual design; and
WHEREAS, on July 27 ,2015, the Consultant submitted a conceptual design for the accessible
beach and accessible outdoor recreation and playground facility, reflecting the vision of the City and the
Foundation; and
WHEREAS, on August 5,2015, a meeting was held with the Foundation representatives,
Commissioner Joy Malakoff, the City Manager, and representatives from the Departments of Parks and
Recreation, Parking, Planning and Zoning, Environmental, CityAttorney's Office, Propefi Management
and ClP, to discuss the elements of the conceptual design for redesigning Allison Park to provide an
accessible beach and an accessible outdoor recreation and playground facility; and
WHEREAS, theAdministration recommends approval, in concept, of an accessible beach
and an accessible outdoor recreation and playground facility, as more particularly set forth in
Attachment A to the Memorandum.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
hereby approve, in concept, an accessible beach and an accessible outdoor recreation and
playground facility at Allison Park, as depicted in Attachment A, attached hereto and incorporated
herein by reference.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael Granado, City Clerk Philip Levine, Mayor
,gFrffiI[R3gIg,
& FOtr EXECUTION
"-LCn,l tlzsf6m{[}jja..
T:\AGENDA\201 S\September\ClP\Allison Park-Resolution.doc
t5
919
\.t t
() 1-
,CT
( 7l .fl
o
a
or
Et>
t<
t;lni>tol:r
- 'l' tt : rl
Lr-F.:!-l) i
Doal\ - .:rt ,rr --l >r.l.lR a-) -a(-ll (-., .Q >l-l-tl 7 C)aJOr'r - r-ll -o a) <. '.t
(D
F
uUrn
OT
Io
r_r
a_:, ,() Li:
;9 r' (-;;ri- !'l r.,! -
!11 3 rrl
).)'= ^<.,{"i€=
n (l = r--l
---L:F ''-)- n L-5:.n nr,t iu a.. r._r .l-q> >.>-,a'ir -, i-;
t.-r ;.-.-.-r]t =(^l -A'r p I ))-'' Li- ..
i- ,r -n -.-
m,,' l d
- at lilr., [li. r., ...1 ._
rj:' i
a.-
L I! ---- (.1- ;- ,\.Ji(,,C
i1-r a iil7 _ a)rn '.- ,r-> ,.) (,'r', a "
;i rn
7C
a__e-t€-
(_
I
_,_l
l-"'t
--.-
i-.
_L-
ll
lt
;C
a,L
rrr
i2l(r,d+\---lH
lnN
.' u
; tN
-l; '.,, i;=
=Jr'>v-D 5 frlX-:oirt'rl
I-i:.uHg 1-- tv
=*!-rii;"rr )Pi:U:a=:lgi>
-rF:-_-+*l[i{) i >':!'=lv -i,, -i!,11r=l\tZ:t:.!,. -,! i-l=
^I [j t =::;12 6
!rl-' oi' IZ
8
+-{
oI
rnz{
,-^€-*
t-O-)
:>
(.)
Z,
=
=E
r
;;R5
o-
8=-"d6€
Hh;
';i
rl3ij
__/ ._
920
i%;
n/e\.
I lcI r l-liP
\ o /E
\,,/
COLLINS AVTNUE
B tACH
.:l
ATLAN TI C CCE AN
ry{'dr-_ tm.d,
.'F
h.
L ---';'r.
$E
t
d
AREA , A!
-lo
3EoP
1fr
6?q.>
L-7
2Em
iE:Eiili
x,s.5f,il
B:'lrEal
IBla
liEi;
siiii
r !3li:
oEE
;E
g
iiii:;;illll;il;iiffii
: f,E r iiil ' [:i
'iiiiiiiii| 'Et Bll" ii
c
5
!
EI
9!
7
rT
EIIIEIr9
ir;T
I!
qi
ah
:E
TE
!t
:p:i
iB
el
?g
I
3r
E
BI:
u ' .'u}:{[r--{irir.t .':; t*'_: $]1i
Z,lUffq'i .T,i:-ii;'i. '1"*;3{': I:f l,i:; ,.:l': : j-ii*'
;:EAi*H',ffi,"i:: &.'t ..-=] .".I . ; .;;r ll];* *
- - _l ;i*/;tiH-\" :=- "*.-r': -l-:"_alt'o- -(-s6-=-----ii.E;"rtra - \: -'- -; - i. I / I E=-{}. 5_-:... .. ."h '^,)L\ \-:--.-
{:Y*
et i,1.""\ .7. r'
;%rg oa:r;: <F!€500
iEE!FedE oilsi:!!if,
g8d
----l-rw-
'\%?,
gggejl--3
I
l"
r
I
/I
I
I
^J)T\
rl"B o o x o @ tr
I I
E I'I
I T :I t
E e
I !
fd
!
T
H;!
tlii
TETP
EI{Eqr!6
,-
E:
a
E
k
q;
tirg
E!5l
tlk
921
ip'q
I 'lt .l
m
,,',ry ^'u1
;
: --'"-,
l
;;,
i)
.+e; "''- - .*Ti:
,:l .\\
tsfi
-5
I't(
tI
Ek*\._ _-* -
azz
=eollr-i
o1'r
);h< =.fq.2d
dNg
6:aQO J
o-
q
fl
il lllllli 5 o 1 r.!t_i Iililiil.i'i,r,o*.,-* crry oF MrAMr BEACH
At-LISON PARK ii: iiRE
OCEANA I'LAN IIC
922
!{at
:r!:
-:tii
| ',i
rl.rA -11'j
--
L----',-",*t'
II
itli,l
l;11
90d1ruCnQt UIE--
,Ei iE:ii ,I iiEi liil' lr"i r=iir I
\ rasrbo B' t't,
.\\
::"^. ,' '\'' ' l
, e *f l'r,*
!*\
''...**i\:i\\: ,\-\
ii.\.."\\\:(
I
I
I
I
I
I
I
I
II :,,tili lniiijl;iiI L ! lh f Eill, i i trllilSr'!'-lr 'l'- +-
ii
II 1 xiL i ':ill rtit
I ' Ntr'u$t <
,l
11
1,,,.-,,'i. \I \-rreI :gsI a 6 >o !
loa
te5
I
I
I .,^ ,krr,
I
iEt-.
at
,:i:ii:
l1: i_a!
6
!.-.
i iitBiiEi
z! ?lll!:iI
iiii ii =Eiirii"
ti*;ri lril,,i^ \i I Iiig[{1 I r eE,-;.8. I aC,i it !J ::I I it:ilirl\'E,r i[l i ]
ili I i,;.
i. - t.
Itrrn
d
rn
(-lI
7Jin
->o!!o609883=
oo6
-- -,-- 1>
- ^- ^ Nlrt( I Al\
A [1 AN \lt'
*wCITY OF MIAVI PP,ACH,r.r.,NCONCErT CITY OF IVT-I(}'ili,fl3
923
ii
)
I
i:: f=r',r'>;a.
,'z<m .//ua /q; ,/
EXiSTINC CoNCRE'IE
ooE=!no! - - ai
f , , !i:_6iiB:;:H-t oE; -F'-+,o
\
Ws
lil
SP€!!qiiaao
q;X 3, oI
o-a
(, g,;
[irsnru. ^,'- LOtVCpF_^,L ,llALKtut ui,si.t(.)Ai4t
ti,.1i.l ,m
r3
i
,
o o=T
a o -9qge H
oo!o
EE 1aqdg-(6ox@
I o-<-:1 I
ura
a:ai
Eg
oof,
!I g{3
o 6 =o* 768! Er e
- 6ei rY
T PdI -ol6
=-
nQ''
-i1r
I
,-l
I
rN >!ilQ ::sdqE
"9il*
=837 0r
. -:- ),
9.4 p
SBB
YE olFo
o:ooo I
o:o
=.*9,o o
_lliE=[i
'i
l
I
l/--'----a----- - -- 1- ----'
--- ._ 'l/
I 'i Y,"m
a
4a-
ol-I
-i I]
6S!eEqH+33 *ai6=TE3iE ;sE;;$qEE* a+-="F*E='Ei ica-=:6 5 cr e
^ q .=o dYoa
ttsg
; +=
35
E S {:3L! -6!!O ' rOda Es[Ir =ie6 P =X >
6d H *5
o iN={ .= 8v
6''
I f !!
b +p nr
,Nl,id4 ,E a s'i"{r <Adi>q ,3 o*/6V5 q 664ilfr aEqo- f, Fo
yt D ox
dl, 6-9 r_
i''-
E g-H: aE e€"
5B*sF$+B@ - O =4le
tE+a.g-: 5 6-o
T
l__
to ;.
,i -. r \
a -a I l
f -'/
3 \.!\
/.. ':
g glg EE[il88.9r
< - a.T o N;-< l; = d
$;.a,E EF aniu=r
e.g* gs lilil6O OOo-o'' a dEqi
Ea ';{il,- a 6i*l
ama:
i=ql6dooJ
oo
IJO
o=
fi=
E
w
iT]
)>
()T
:t';..t, i ffi;!
(.>z
I
PLAYGROUND,EXERCISE CITY OF MIAMI T]tsACH
& PICNICI-AYoUTS ALLISON PARK trR5
\2fl
924
,,4
:,r:iril
Iiti "': Ji iEi ;ae+il
tl
i
B
t-l
!.
x!
a:
-tl'lll;iiilrr',ii- _. cosra-cq{tBlJcncrm_ ....!i,
af
]l,lrllrriil
ErsN cs6tE
i;;ii!\.
... . *. -,i, i l-'.i :l
Itrilllll. *.-,i.J
Al LANI lC uU'-rrtrt
a
5A
6:
f,
t!
i1
!
ggi
il!
-i=;!!
x
I
fili
l:.!:/ li:/ i:{li'
1 ia iii E;. JB ;C
.iY \ / : il:,
' "' I )"'.'-t-
"r
I
i qqc
-, 't..
1lr{qB Eiti ii I il8ff3: iiEi', i. o . ln ii_t{ r-t ...;l ,
r-n i{Ar i: te '.ilo :'ii i: iiill I() i: l?!i \-t Ei -=:
N L-i
frl
t:ta
ir
{r
6!
bi!HI
F -\ ___
-:j'tTtTftll;i .D'- )1-
ovERALLsrrECoNCEm CII'Y OF MIAMI BEACH
AT,L,ISON PARK ,i iiRE
925
.'fw co.gt ,**1"
.- --.-arli
t,.1, .l ''*,.sM
tqi
'iga:
9I:,, ri ."
t{lr F 'iliqi r is:l: i 1
1'
Ic$
l
:I
:..
I
l.-
l-
fi5
\,8
.irl
r. l- -'1, \
,i--" t!'.
.,., : j
l&i irif Ei eirn ii;l lt .ifr ilEi i' i!'-i
() !: ii;i-T iE r!+
"!-iL
)J l-i
Trt
qeroa
oiD<5
.o6
I
i -*q\
alri
rE
c
L-
tllI I (D PROPOSEDCONCEPTUAL CITY OF MTAMI BEACHSITELANDSCAPEPLAN ALLISON PARK ,ii ii8s
OCF-ANAI LANTIC
926
RESOLUTION TO BE SUBMITTED
927
THIS PAGE INTENTIONALLY LEFT BLANK
928
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission approving and authorizing the City Manager to recapture and reallocate
HOME funds; amend the Five-Year Consolidated Plan; issue a notice of a thirty (30) day comment period on the proposed
Substantial Amendments to the Consolidated Plan; and reallocate the funds to ensure compliance with HUD rules and
the timelv exoenditure of funds.
Sustainable initiatives. Affordable housing for the labor force.
Supporting Data (Surveys, Environmental Scan, etc.: Based on the 2012 Community Satisfaction Survey,80% of
residents believe the City's standard of living is good and improving. 34o/o of businesses rated the lack of affordable
ino in Miami Beach for their labor force as their most im
Item Summary/Recommendation:
As an entitlement community, the City receives an annual allocation of HUD funding. The HOME program has timeliness
requirements regarding the expenditure of funds. HOME funds must be committed to a project within two years of City's
receipt, and expended within five years. HUD further requires its entitlement jurisdictions to ensure that funded activities are
carried out in the defined project scope and within the timeframe allowed. The City's Consolidated Plan is monitored
throughout the year to ensure compliance with federal regulations and progress towards the National Objective, which
stipulates that HOME-funded housing activities must benefit low- and moderate-income persons who earn at or below 80% of
the Area Median lncome (AMl).
ln staffs assessment of the HOME Program, it was determined that there was a remaining balance of funds in the amount of
$271,000 that had not been previously allocated to a specific project. These funds, if not allocated to a project and expended,
would eventually become subject to recapture by HUD for not meeting the timeliness requirements.
Further analysis of the Meridian Place Apartments project (a Miami Beach Community Development Corporation rehabilitation
project) revealed that there was a remaining balance of $48,343 that had been withheld in the construction retainage account.
It was determined that the balance of retainage funds would not be paid to MBCDC. Therefore, these unexpended funds would
also eventually become noncompliant with the timeliness requirement and be subject to recapture by HUD.
The Administration recommends the allocation of $271,000 of previously unallocated HOME funds from prior years to the
London House Apartments project; approving and authorizing the City Manager to recapture $48,343 in HOME funds from the
Meridian Place Apartments project and reallocate those funds to the London House Apartments project; filing the amended
Consolidated Plan as required by HUD; issuance of a notice of a thirty (30) day comment period on the proposed Substantial
Amendments to the City's Consolidated Plan.
Financial lnformation :
Source of Funds:Amount Account
1 $48,343 151.5222.000349
2 $271,000 Account pending
3
Total
Financial lmpact Summary:
Maria Ruiz/Housing & Community Services
AGEIIBA rrrm R-15 -
DATE 1',-I'& AAIAMIBHACH 929
g MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Jimmy L. Morates, City Manag
", 4-f
September 2,2015 /
SUBJECT: A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZINGA SUBSTANTIAL AMENDMENT TO THE CITY'S FIVE.YEAR
CONSOLIDATED PLAN TO ALLOCATE $271,000 OF PREVIOUSLY
UNALLOCATED HOME INVESTMENT PARTNERSHIPS (HOME)
FUNDS FROM PRIOR YEARS TO THE LONDON HOUSE
APARTMENTS AFFORDABLE HOUSING PROJECT; AUTHORIZING
THE CITY MANAGER TO RECAPTURE AND REALLOCATE $48,343
OF HOME FUNDS FROM THE MERIDIAN PLACE APARTMENTS
AFFORDABLE HOUSING PROJECT TO THE LONDON HOUSE
APARTMENTS PROJECT; ISSUE A NOTICE OF A THIRTY (30) DAY
PUBLIC COMMENT PERIOD ON THE PROPOSED SUBSTANTIAL
AMENDMENTS TO THE CITY'S FIVE-YEAR CONSOLIDATED PLAN;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE INTER.
DEPARTMENTAL AGREEMENTS FOR RECIPIENTS OF THE FUNDS.
ADMINISTRATION RECOMMENDATION
Adopt the Resotution.
BACKGROUND
The City is an entitlement community designated by the U.S. Department of Housing and Urban
Development (HUD) and as determined by the decennial census information on population
growth lag, age of housing stock, and poverty. As an entitlement community, the City qualifies
for an annual allocation under HUD's grant programs. The HOME lnvestments Partnership
Program (HOME) was established in 1992 to provide funding specifically for affordable housing.
HUD allocates these housing funds to strengthen public/private partnerships and expand the
supply of affordable housing that is decent, safe and sanitary.
The HOME Program has timeliness requirements regarding the expenditure of funds. HOME
funds must be committed to a project within two years of City's receipt, and expended within five
years. HUD further requires its entitlement jurisdictions to ensure that funded activities are
carried out in the defined project scope and within the timeframe allowed. The City's Action
Plan, an annual document which defines how the City will utilize its HUD funds, is monitored
throughout the year to ensure compliance with federal regulations and progress towards the
TO:
FROM:
DATE:
930
Commission Memorandum - HOME Funding Reallocation
September 2,2015
Page2 of 3
National Objective, which stipulates that HOME-funded activities must create housing units that
benefit low- and moderate-income persons who earn at or below 80% of the Area Median
lncome (AMl).
From time-to-time, it is necessary for the City to process a "Substantial Amendment" to the Frve-
Year Consolidated Plan or the Annual Action Plans to allow for the funding of new activities,
modification of existing activities, or other program administrative actions. The City is required
by HUD [24 CFR 91.505 (b)] to identify the criteria to be used in determining if a proposed
action will be considered a "substantial amendment", as follows:
o Addition of a new activity or project not previously described in the Consolidated or
AnnualAction Plan;o Deletion of an activity or project previously described in the Consolidated or Annual
Action Plan;o Change in the purpose, scope, location or beneficiaries of an activity or project
previously described in the Consolidated or Annual Action Plan;o Change in the use of funds from one eligible activity or project to another previously
described in Consolidated or Annual Action Plan; and/or. A cumulative change in the use of funds from an eligible activity to another eligible
activity that decreases an activity's funding by 10o/o or more or increases an activity's
funding by 10o/o or more during the fiscal year.
Any proposed amendment that is considered a substantial amendment is subject to the Citizen
Participation process; requires formal action by the City Commission; and requires approval by
HUD. Furthermore, a thirty (30) day public notice is required to provide the opportunity for the
public to review and comment on the proposed substantial amendments. The City will consider
all comments or views received from the public concerning proposed substantial amendments in
accordance with 24 CFR 91.105 (c) (3).A summary of these comments and views shall be
attached to the substantial amendment submitted to HUD.
ANALYSIS
Staff has been analyzing the allocation and expenditure of all of its program funds. ln its
assessment of the HOME Program it was determined that there was a remaining balance of
funds in the amount of $271,000 that had not been previously allocated to a specific project.
These funds, if not allocated to a project and expended, would eventually become subject to
recapture by HUD for not meeting the timeliness requirements.
Further analysis of the Meridian Place Apartments project (a Miami Beach Community
Development Corporation rehabilitation project) revealed that there was a remaining balance of
$48,343 that had been withheld in the construction retainage account. Due to the
mismanagement of funds and the overall lack of properly documented construction operations
and management by MBCDC, it was determined that the balance of retainage funds would not
be paid to MBCDC. Therefore, these unexpended funds would also eventually become
noncompliant with the timeliness requirement and be subject to recapture by HUD.
The Administration is recommending that the above funds, totaling $319,343, be allocated to the
London House Apartments, a City-owned affordable housing project currently being renovated.
This project is well undenruay, with the first phase (the 1965 Washington Avenue building)
having received a Temporary Certificate of Completion (TCC) on May 29,2015. This allocation
of funds would be applied to the financing gap created by the delay of surtax funds awarded to
931
Commission Memorandum - HOME Funding Reallocation
September 2,2015
Page 3 of 3
the project by Miami-Dade County but not yet processed and under contract with the City.
CONCLUSION
The Administration recommends approval and authorization of a substantial amendment to the
City's Five-Year Consolidated Plan to allocate previously unallocated and recaptured HOME
funds to the London House Apartments project; issue a notice of a thirty (30) day public review
and comment period on the proposed substantial amendment; and authorizing the City Manager
to execute the interdepartmental agreements for the recipients of the funds.
JLM/KGB/MLRYARB
T_Drive\AGENDA\201S\September\Housing & Community Services\HOME Funds Reallocation MEMO Sept 2015
932
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORTZTNGA SUBSTANTIAL AMENDMENT TO THE CIry'S FIVE.YEAR
CONSOLIDATED PLAN TO ALLOCATE $271,000 OF PREVIOUSLY
UNALLOCATED HOME INVESTMENT PARTNERSHIPS (HOME)
FUNDS FROM PRIOR YEARS TO THE LONDON HOUSE
APARTMENTS AFFORDABLE HOUSING PROJECT; AUTHORIZING
THE CITY MANAGER TO RECAPTURE AND REALLOCATE $48,343
OF HOME FUNDS FROM THE MERIDIAN PLACE APARTMENTS
AFFORDABLE HOUSING PROJECT TO THE LONDON HOUSE
APARTMENTS PROJECT; ISSUE A NOTICE OF A THTRTY (30) DAy
PUBLIC COMMENT PERIOD ON THE PROPOSED SUBSTANTIAL
AMENDMENTS TO THE CITY'S FIVE-YEAR CONSOLIDATED PLAN;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE INTER.
DEPARTMENTAL AGREEMENTS FOR RECIPIENTS OF THE FUNDS.
WHEREAS, the City is an entitlement recipient of HUD formula grant programs and
therefore is the recipient of HOME lnvestment Partnership (HOME) funds; and
WHEREAS, HOME funds are used for affordable housing activities, including multi-
family rentals and first-time homeownership; and
WHEREAS, the City expects to continue to receive entitlement funds for this grant
program to operate the City's housing and community development activities; and
WHEREAS, the Five-Year Consolidated Plan for Federal funds is a requirement under
HUD's formula grant programs; and
WHEREAS, the HOME Program stipulates that funds be expended within guidelines as
delineated in 24 CFR Par192, among others; and
WHEREAS, the City finds it is necessary to recapture funds, and to reallocate funds to
another project; and
WHEREAS, the reallocation of funds is to be used for the rehabilitation of the London
House Apartments; and
WHEREAS, the resulting HOME funds recapture and reallocation recommendations will
be incorporated into the City's Consolidated Plan; and
WHEREAS, the City will provide for a thirty (30) day public comment period on the
proposed SubstantialAmendments to the Consolidated Plan; and
WHEREAS, the City Manager is the designated agent for all HUD formula grants, and
executes the grant applications, grant agreements, and other applicable documents on behalf of
the City.
933
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and
authorize a Substantial Amendment to the City's Five-Year Consolidated Plan to allocate
$271,000 of previously unallocated HOME lnvestment Partnerships (HOME) funds from prior
years to the London House Apartments affordable housing project; authorizing the City Manager
to recapture and reallocate $48,343 of HOME funds from the Meridian Place Apartments
affordable housing project to the London House Apartments project; issue a notice of a thirty
(30) day public comment period on the proposed substantial amendments to the City's Five-
Year Consolidated Plan; and authorizing the City Manager to execute inter-departmental
agreements for the recipients of the funds.
PASSED AND ADOPTED this
-dAY
Of 2015.
ATTEST:
Rafael Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
934
R7 - Resolutions
R7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement, Substantially ln The Form Attached To This Resolution, Between The City
And Skidata, lnc., Pursuant To lnvitation To Negotiate (lTN) 2014-170-SW, For A Gated
Revenue Control System For The City's Parking Garages, For An lnitial Term Of Ten
(10) Years, With Two (2) Five (5) Year Options, At The City's Sole Discretion.
(ProcuremenVParking)
(On July 8, 2015, it was requested to bring the agreement for approval on September 2,2015 - R7N)
(ltem to be Submitted in Supplemental)
Agenda ltem R7 K
Date $-Vl{935
THIS PAGE INTENTIONALLY LEFT BLANK
936
1915.20r5
Cify of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
i.,"
TO:
FROM:
DATE:
SUBJECT:
Jimmy L. Morales, City Manage ,
4 P
September 2,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO RELOCATE THE
TEENS AT THE 21ST STREET RECREATION CENTER TO SCOfi RAKOW YOUTH
CENTER.
BACKGROUND
The City of Miami Beach Parks and Recreation Department Teen Club has successfully operated
from the 21"'Street Recreation Center since 2009. As the commencement of the Miami Beach
Convention Center renovation is quickly approaching, City Administration has been working to
find a new site for the Miami Beach Teen Club. The Teen Club has an enrollmenl of 217 teens
and a daily average attendance of 145 teens. The Recreation Center is scheduled to be
demolished as part of the Convention Center Master Plan. The Parks and Recreation Department
has been given until December 18th to find an alternative site.
On June 4, 2015, a Letter to Commission (LTC) was sent regarding relocation options for the
Miami Beach Teen Club located at the 21"t Street Recreation Center. Since the distribution of the
LTC, the options had been further examined and some options were eliminated and added.
At the July 31, 2015 Neighborhood/Community Affairs Committee (NCAC) meeting,
Administration discussed the options and Commissioner Grieco moved in favor of the amended
recommendation made on behalf of the Teen Club staff. The recommendation was to relocate the
teens to Scott Rakow Youth Center and have the program cohabitate with the existing elementary
school aftercare. Staff would create separate entrances for the different age groups and carefully
program how the participants would rotate throughout the 14 available areas. Commissioner
Tobin seconded the motion and it was passed unanimously.
CONCULS!ON
The Administration recommends the City Commission to accept the recommendation of the
NCAC at its July 31,2015 meeting to relocate the teens at the 21't Street Recreation Center to
Scott Rakow Youth Center.
JLM/
T:\AGENDA\201S\September\Parks and Recreation\Memo - NCAC Recommendation on Teen
Club Relocation.docx
.1
Agenda ftdm R-lL
Date ?'Z-tS937
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE TO RELOCATE THE TEEN CLUB
FROM ITS CURRENT LOCATION AT THE 2fT STREET
RECREATION CENTER, TO THE SCOTT RAKOW YOUTH
CENTER.
WHEREAS, the City of Miami Beach Parks and Recreation Department Teen Club
(Teen Club) has successfully operated from the 21't Street Recreation Center since 2009; and
WHEREAS, as the commencement of the Miami Beach Convention Center Renovation
and Expansion Project is approaching, the City Administration has been working to find a new
site for the Teen Club; and
WHEREAS, at the July 31 ,2015 Neighborhood/Community Affairs Committee (NCAC)
meeting, the Administration discussed relocation options; following discussion, the NCAC
recommended relocating the Teen Club to Scott Rakow Youth Center, and have the program
cohabitate with the existing elementary school after care.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission accept the recommendation of the Neighborhood/Community Affairs Committee to
relocate the Teen Club from its current location at the 21't Street Recreation Center, to the Scott
Rakow Youth Center.
PASSED and ADOPTED this Znd day of September,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED P\S TO
rONU & BNGUAGE
& FOR EXECICTION
?.s-CrL g\r'\t5
DoteCity Attotney
T:\AGENDA\201S\SeptembeAParks and Recreation\Resolution - Accept Recommendatio of NCAC Teen Club Relocation.doc
938
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Accepting The Recommendation Of The City Manager Pertaining To The Ranking of
Proposals Pursuant to Request for Proposals (RFP) No. 2015-146-YG for Parking Attendants
for Ci ino Ga
Item Summary/Recommendation :
The Administration issued RFP 2015-146-YG to seek the proposals from qualified contractors
to provide Parking Attendants for City Parking Garages. The RFP was approved for issuance
by the City Commission on April 15, 2015. The RFP was released on April 21,2015. A pre-
proposal conference to provide information to the proposers submitting a response was held
on April 27,2015. On July 1O,2015, the City received proposals from: EYSA USA, LLC. ,LM
Florida Parking, LLC., Republic Parking System, lnc., and SP Plus Corporation.
On August 3,2015, the Evaluation Committee appointed by the City Manager convened to
consider the responsive proposals received. The Committee was instructed to score and rank
the sole proposal received pursuant to the evaluation criteria established in the RFP. The
results of the evaluation committee process were presented to the Ci$ Manager for his
recommendation to the Ci$ Commission.
After reviewing allthe submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with SP Plus Corporation; and, further authorize the Mayor and City Clerk to with
the firm upon conclusion of negotiations. The City Manager notes that SP Plus is the City's
current contractor for parking attendant services. According to staff, SP Plus has performed
well over the 4 year term of the current agreement.
The Administration recommends that the Mayor and City Commission approve the resolution
accepting the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Proposals No. 2015-146-YG (the RFP), for Parking Attendants for City
Parking Garages.
RECOMMENDATION
the resolution.
Ensure Co Mobilitv Addressino All Modes Throuqhout The
Data (Surveys, Environmental Scan, etc: N/A
Financial lnformation :
Source of
Funds:
OBP!
Amount Account
1 The annual cost associated with the parking
attendant services is subject to the funds availability
approved throuqh the City's budgeting process
Total
Financial lmpact Summary:
Alex Denis, Extension 6641
146-YG Parking Attendants
AGENDA ITEM
DATE(s MIAMIBEACH R?M-T_L<-
939
g MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33'l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morales, City Manag
", .%/ P
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CIry
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS NO. 2015-146-YG (THE RFP), FOR PARKING
ATTENDANTS FOR CITY PARKING GARAGES.
ADMINISTRATION REGOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
FUNDING
Tfre annual cost associated with the parking attendant services is subject to the funds
availability approved through the City's budgeting process.
BACKGROUND
On tvtay 5, 2011, the Mayor and City Commission awarded RFP 17-10111 for Parking
Attendants for City Parking Garages to SP Plus Municipal Services, a division of Standard
Parking Corporation. The start date of the initial three (3) year term was August 16,2011, and
expired August 15, 2014. The first of two one (1) year renewal options with SP Plus Municipal
Services wis exercised and commenced on August 16, 2014 and will expire on August 15,
2015.
On July 30,2014, the Mayor and Commission considered and approved an item referring to
the Finance and Citywide Projects Committee discussion on the management agreement with
SP Plus Municipal Services, a division of Standard Parking Corporation, for parking
attendants. Specifically; the referral requested a decision on: (1) Not exercising the City's
option to renew the agreement; and (2) Extending the Agreement on a monthto-month basis;
and (3) lssuing a new RFP (Request for Proposals) for parking attendants for the City's
parking garages.
On February 2, 2015, the FCWPC discussed this item (ltem No. 3 on the Agenda) and
recommended the issuance of an RFP for Parking Attendants for the City's Parking System.
The pursuit of a formal procurement process for Parking Attendants for the City's Parking
System is anticipated to yield cost savings through a combination of reduced personnel costs
and gated revenue control system technology enhancements, including a central monitoring
station. A central monitoring approach is anticipated to yield a 40o/o reduction in
cashier/attendant hours which translates to an equivalent cost savings through the attached
RFP. The Administration desires to seek proposals from fully qualified firms interested in
partnering with the City to provide parking attendants for City parking garages'
940
Commission Memorandum - RFP 2015-146-YG for Parking Attendants for City Parking Garages
September 2,2015
Page2
RFP PROCESS
On April 15, 2015, the City Commission approved to issue the Request for Proposals (RFP]
No.2015-146-YG Parking AttendantsforCity Parking Garages. On April 21,2015, the RFP
was issued. A voluntary pre-proposal conference to provide information to the proposers
submitting a response was held on April 27,2015. RFP responses were due and received on
July 1 0,2015. The City received a total of four (4) proposals.
The City received proposals from the following firms:
EYSA USA, LLC
LAZ Florida Parking, LLC
Republic Parking System, lnc.
SP Plus Corporation
On July 6, 2015, the City Manager via Letter to Commission (LTC) No. 275-2015 appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals:
. Monica Beltran, Assistant Director, Parking Department, City of Miami Beach
. Georgie Echert, Assistant Director, Finance Department, City of Miami Beach
o Laura Franco-Rubines, Assistant lnternal Auditor, lnternal Audit Department,
City of Miami Beacho Nawaz Gilani, Neighborhood Leadership Academy, Resident
. Madeleine Romanello, Transportation, Parking & Bicycle-Pedestrian Facilities
Committee, Resident
Alternates:o Leif Bertrand, Neighborhood Leadership Academy, Resident
o William Hahne, Transportation, Parking & Bicycle-Pedestrian Facilities
Committee, Residento Jim Sutter, lnternal Auditor, lnternal Audit Department, City of Miami Beach;
and
On July 30, 2015, the City Manager via Letter to Commission (LTC) No. 307-2015, revised the
Evaluation Committee (the "Committee"), as follows:o Monica Beltran, Assistant Director, Parking Department, City of Miami Beach,
was unable to participate as an evaluation committee member and was
therefore removed.. Rocio Alba, Administrative Service Manager, Parking Department, City of Miami
Beach, was added.
The Committee convened on August 3,2015 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFP. The evaluation process
resulted in the ranking of proposers as indicated in the table below.
941
Georde
Rankind
Laura
Franco-Namz Madeleine
tasl
IOREOA'
TOTALS
rySA USA LLC a3 4 7 ta 1 63 20
I Florida Parkino. LLC 7e 1 9t 3 a2 3 )12
Hic Pe*ino Svsten lnc a3 2 85 s2 3 10
iP HG Cormrali 88 85 ,)88 2
Commission Memorandum - RFP 2015-146-YG for Parking Attendants for City Parking Garages
September 2,2015
Page 3
MANAGER'S DUE DILIGENCE & RECOMMENDATION
The RFP outlined a cost-plus model for Parking Attendant Services. The City dictates
scheduling of hours and deployment of attendants for city parking facilities and as a result
manages related expenses. Payment for services rendered is composed of Reimbursable
Expenses, including direct labor cost which is set by the Living Wage Ordinance, and a
Management Fee.
Reimbursable Expenses:
The Contractor submits a proposed Reimbursable Expense Budget to the City 30 days prior to
the commencement of each contract year and both agree on a budget for reimbursable
expenses. On a monthly basis, the Contractor submits a monthly expense report, certified by
an officer of the Contractor and in the format specified by the City. This report serves as a
summary of the monthly reimbursable expenses, and as a monthly invoice. Only expenses for
which proof of payment is provided are reimbursed.
The following services are required and will be included as Reimbursable Expenses:
o Project Manager Annual Salary - Proposer shall provide a full-time on-site Project
Manager with experience handling the type of services requested by the City, who
will hive full authority to act on behalf of the firm. The Project Manager shall be
scheduled at the sole and absolute discretion of the City and shall be available to
respond to requests from the City, on an as needed basis, 24 hours a day/seven
days a week. Project Manager's salary shall be approved by the City and should be
within the range of $55,000 to $65,000.
o Employer responsibility portion of Social Security and Medicare taxes paid by the
coniraltor from wages paid to the Project Manager, Attendants I and Attendants ll
assigned and working at the City under this contract. These must be itemized by
employee.
o Any training the City deems relevant and appropriate in its sole discretion.
. Motorist Assistance Program (MAP) which includes but is not limited to flat tire
assistance/repair, lock-out; fuel; battery jump start, and/or towing of the vehicle to a
service facility.
. Cardio Pulmonary Resuscitation (CPR) Certification for all contract personnel.
o Mystery Shopper Reporting - An independent third party to perform a minimum of ten
1tb; "Stropper" reports per month, system-wide. Shopper reports must specify that
942
Commission Memorandum - RFP 2015-146-YG for Parking Attendants for City Parking Garages
September 2,2015
Page 4
these are actual customers and must be documented visits to one of the facilities
where labor is provided. Telephone calls for information or visits/interaction with city
staff is not permitted.
o Other expenses requested by the City for items not included in the management fee,
including (but not limited to): uniforms; tools, equipment, and dedicated vehicle; gas
and maintenance for dedicated vehicle; signs.
SP Plus proposed an annual Management Fee of $447,276 or $37,273, monthly. The
following expenses are included in the Management Fee:
Profit and overhead costs; employee burdens* other than those specifically included under
reimbursable expenses; general and administrative expenses; office rent and utilities;
telephone and internet services; employee training, including, but not limited to, customer
service, and/or any other training, as required for employees to perform the duties and
responsibilities of their corresponding employment positions; office supplies; general and
administrative costs including, but not limited to, salaries, benefits, bonuses for office
personnel and management; depreciation on equipment; licenses and permits; advertising;
taxes, except the employer payroll responsibility for Social Security and Medicaid Taxes;
insurances including, but not limited to, workmen's compensation, vehicle insurance, liability
insurance, unemploymenUre-employment, health and life insurance; charitable and other
contributions; travel, meals and entertainment; public relations, gifts, dues and memberships;
any penalties, assessments or fines issued by any regulatory agency, court, or governmental
entity including the City; employee social functions; employee severance pay; fringe benefits
not earned or accrued during the time of this agreement or while employee has worked for the
operator in other facilities other than City facilities; chargebacks resulting from the failure to
apply controls as described in the parking procedures manual; and any other cost not included
in the approved reimbursable list.
* Employee Burden is defined as the actual or accrued cost by an organization to have an
employee, aside from the salary the employee eams. Labor burden costs include benefits that a
company must, or chooses to, pay for employees included on their payroll. These costs include,
but are not limited to, payrolltaxes, pension costs and/or contributions, health insurance, eye and
dental insurance, accrued leave, allocations of general liability and workers compensafion nsks
and actual premiums, and any other benefits and/or cosfs, whether mandated or voluntary, that
the company incurs for having employees whether by the individual or by the aggregate employee
base.
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with SP Plus Corporation. ln making this recommendation, the City Manager has
also considered Section 2-369, of the Code of the City of Miami Beach, which states that, in
the award of contracts, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract'
(2) Whether the bidder can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances relating
to the contract.
943
Commission Memorandum - RFP 2015-146-YG for Parking Attendants for City Parking Garages
September 2,2015
Page 5
The City Manager notes that SP Plus is the City's current contractor for parking attendant
services. According to staff, SP Plus has performed well over the 4 year term of the current
agreement.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the resolution
accepting the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Proposals No. 2015-146-YG (the RFP), for Parking Attendants for City
Parking Garages.
JLM/MT/KGB/SF/AD/YG
T:\AGENDA\201S\September\PROCUREMENnRFP 2015-146-YG Parking Attendants - Memo.doc
944
RESOLUTION TO BE SUBMITTED
945
THIS PAGE INTENTIONALLY LEFT BLANK
946
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE
RANKTNG OF F|RMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-135-WG FOR
PARKING METER COLLECTION SERVICES
lntended Outcome
Build and maintain infrastructure with full
Data (Survevs. EnvironmentalScan. etc: N/A
Item Summarv/Recommendation :
The Administration issued RFP 2015-135-WG to seek the proposals from qualified contractors to
provide Parking Meter Collection Services. The RFP was approved for issuance by the City Commission
on April 15,2015. The RFP was released on April 21,2015. A pre-proposal conference to provide
information to the proposers submitting a response was held on April 27 ,2015. On July 10, 2015, the
City received proposals from: EYSA USA, LLC., LAZ Florida Parking, LLC., Republic Parking System,
lnc., and SP Plus Corporation.
On August 5,2015,the Evaluation Committee appointed bythe City Managerconvened to considerthe
proposals received. The Committee was instructed to score and rank the sole proposal received
pursuant to the evaluation criteria established in the RFP. The results of the evaluation committee
process, which resulted in a tie between Laz Parking Florida and SP Plus Corporation were presented to
the City Manager for his recommendation to the City Commission.
The City Manager considered all the submissions and the results of the Evaluation Committee Process,
including the tie between Laz Florida Parking and SP Plus Corporation. The City Manager finds that both
Laz Florida Parking and SP Plus Corporation appear to have the experience and capacity to effectively
manage the resulting agreement and the City's need. However, the City Manager also notes that Laz
Florida Parking did receive more first place ranks from the Evaluation Committee than did SP Plus, as
well as having submitted a lower cost proposal.
The RFP outlined a unit cost for collection of single space parking meters (SSPM) and multi-space pay
stations (MSPS). The City dictates the frequency and quantities of SSPM and MSPS to be collected.
Specifications for each type of meter collection were included in the RFP, including transporting of
funds, revenue responsibilities, and performance standards. While the total cost difference now between
the two proposers appears nominal, the City anticipates that the number of Multi-Space Meters, and
their respective collections, will continue to grow, as will the number of Single Meters, and their
respective collections, continue to decline. This trend will exacerbate the difference in cost between the
two bidders.
Therefore, the City Manager recommends that the Mayor and City Commission authorize the
Administration to enter into negotiations with Laz Florida Parking, LLC; further authorizing the Mayor and
City Clerk to execute an agreement upon successful negotiations by the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
Financial lmpact Summary: The annual cost associated with the parking meter collection services is
subiect to the funds availability approved throuqh the City's budgeting process.
AGEHDA ITEM(s MIAMIBTACH EATE947
g MIAMI BEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of thp City Commissi
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE GITY
MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
REQUEST FOR PROPOSAL (RFP) NO. 2015-135-WG FOR PARKING METER
COLLECTION SERVICES.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and maintain priority infrastructure with full accountability.
FUNDING
The annual cost associated with the parking meter collection services is subject to the funds availability
approved through the City's budgeting process.
BACKGROUND
The Administration issued RFP 2015-135-WG to seek proposals from qualified firms interested in
partnering with the City for parking meter collection services of single space parking meters and/or
multi-space pay stations owned and located within the City of Miami Beach.
RFP PROCESS
The RFP was released on April 21, 2015. A pre-proposal conference to provide information to the
proposers submitting a response was held on April 27,2015. On July 10,2015, the City received
proposals from the following firms:
Eysa USA LLC.
Laz Florida Parking LLC.
Republic Parking System lnc.
SP Plus Corporation.
On July 6,2015, the City Manager appointed, via letter to Commission (LTC) No.273-2015, an
Evaluation Committee (the Committee), consisting of the following individuals:o Monica Beltran, Assistant Director, Parking Department, City of Miami Beach. Georgie Echert, Assistant Director, Finance Department, City of Miami Beacho Laura Franco-Rubines, Assistant lnternal Auditor, lnternal Audit Department, City of Miami
Beach. Nawaz Gilani, Neighborhood Leadership Academy, Residento Madeleine Romanello, Transportation, Parking & Bicycle-Pedestrian Facilities Committee,
Resident
948
Commission Memorandum - RFP 2015-135-WG Parking Meter Collection Services
September 2,2015
Page 2
The following Alternates were also appointed:. Leif Bertrand, Neighborhood Leadership Academy, Residento William Hahne, Transportation, Parking & Bicycle-Pedestrian Facilities Committee,
Residento Jim Sutter, lnternalAuditor, lnternalAudit Department, City of Miami Beach
On July 30,2015, the City Manager via Letter to Commission (LTC) No. 306-2015, revised the
Evaluation Committee (the "Committee"), as follows:. Monica Beltran, Assistant Director, Parking Department, City of Miami Beach, was unable to
participate as an evaluation committee member and was therefore removed.. Rocio Alba, Administrative Service Manager, Parking Department, City of Miami Beach, was
added.
The Committee convened on August 5, 2015, to consider the proposals received. The Committee was
provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government in the Sunshine Law. The Committee was also provided general information on the scope
of services, references, and a copy of each proposal. The Committee was instructed to score and rank
the proposal pursuant to the evaluation criteria established in the RFP.
The RFP also stipulated that additional points would be applied, if applicable pursuant to the City's
Veteran's Preference Ordinance. However, none of the proposers were eligible for the veteran's
reference.
After proposer's presentations and interviews, the Committee discussed the proposers' qualification,
experience, and competence, and further scored the proposers accordingly. The final rankings are as
follows:
. . .' r--.,5"--*. " -.-r .,: n - - {- I
il,lil$f fi Llr,tl;{;r$fli!r0rP-, ll.l$ro,i;:
ui!lrrlrs$ir{ir88&lliiaii{il&,#
f:l lr I l' : ": I ::l::'
. --,,,,".F:":j.:4:!:i::ri aartrlr:. t.. ):ua,ra3,:L..::l
Georgis
Renkim
LasE
Franco-
Renkind
Nawaz
Rrnki
Madoloine
Romn6llo Rankino
LgSL
AGGREGATE
:YSA USA LLC 5,4 7q I e)3 c3 '|92 2 14 3
d Fldride Pe*lnd LLC 88 2 98 1 96 RA 9A s ,|
l.dfii. Pr*im Svct.m ln.77 3 a5 3 75 1 89 3 qn I 7 a
iP Ptus ComEtlon qo q3 2 c6 00 2 9t 3 q
ProMstr
AII(mbIE
T^lrl 9dinh Awirdd
:YSA USA LLC q
AZ Florida Parkino LLC B
leDubllc Prrkim Svstem lnc 2t 5_500 to
iPPIEC6mtr hn $ 268 036 0()10 8
ln determining responsiveness and responsibility of the firm, the Department of Procurement
Management verified compliance with the minimum requirements established in the RFP, financial
capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through
client references submitted by each proposer.
The Evaluation Committee process resulted in a tie between Laz Florida Parking and SP Plus
Corporation.
949
Commission Memorandum - RFP 2015-135-WG Parking Meter Collection Services
September 2,2015
Page 3
MANAGER'S DUE DILIGENCE
The City Manager considered all the submissions and the results of the Evaluation Committee
Process, including the tie between Laz Florida Parking and SP Plus Corporation. The City
Manager finds that both Laz Florida Parking and SP Plus Corporation appear to have the
experience and capacity to effectively manage the resulting agreement and the City's need.
However, the City Manager also notes that, pursuant to the RFP, Laz Florida Parking did
receive more first place ranks from the Evaluation Committee than did SP Plus, as well as
having submitting a lower cost proposal.
The RFP outlined a unit cost for collection of single space parking meters (SSPM) and multi-
space pay stations (MSPS). The City dictates the frequency and quantities of SSPM and
MSPS to be collected. Specifications for each type of meter collection were included in the
RFP, including transporting of funds, revenue responsibilities, and performance standards.
proposers appears
anticipates that the number of Multi-Space Meters, and their respective collections, will
continue to grow, as will the number of Single Meters, and their respective collections,
continue to decline. This trend will exacerbate the difference in cost between the two bidders.
Therefore, the City Manager recommends that the Mayor and City Commission authorize the
Administration to enter into negotiations with Laz Florida Parking, LLC. ln making this
recommendation, the City Manager has also considered Section 2-369, of the Code of the City
of Miami Beach, which states that, in the award of contracts, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances relating
to the contract.
Laz Florida Parking, LLC, manages 14 locations across Miami Dade County and is a wholly
owned subsidiary of laz Karp Associates, LLC, which operates in 26 states and hundreds of
cities across the United States. Laz Florida Parking has the capacity to perform the referenced
contract.
CONCLUS!ON
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve the resolution accepting the recommendation of the City Manager,
pursuant to Request for Proposal (RFP) No. 2015-135-WG, for Parking Meter Collection
Services, authorizing the Administration to enter into negotiations with Laz Florida Parking,
LLC; and further authorizing the Mayor and City Clerk to execute an agreement with the
successfulfirm upon completion of successful negotiations by the Administration.
JLM / KB/ MT / SCT/ AD
T:\AGENDA\201S\SeptembeAPROCUREMENflRFP 2015-1 35-WG Parking Meter Collection Services - Memo.doc
nal,itv
Single Meter
Collections
(2400 annual
estimate)
Multi-Space
Meter Collections
(17,000 annual
estimate)l
Total Cost Based
on Current
Annual
Estimatesr
Laz Parkino Florida $1.99 $14.99 $262.006
SP Plus $1.89 $15.50 $270,436
ile the total cost difference now between the two proposers appears nominal. the C
950
RESOLUTION TO BE SUBMITTED
951
THIS PAGE INTENTIONALLY LEFT BLANK
952
COMMISSION ITEM SUMMARY
Advisory Board Recommendation:
Financial Information :
Source of I
Funds: {>'
Amount Account
1 $434,833 303-2717-ffi9357
4 $1,565,167 Storm Water Bond
(<U oeer
Financial lmpact Sum
rotal
|
$2,000,000
mary:
Citv Glerk's Office
Eric T. Caroenter. ext. 6012
iqn-otts:
Deoartment Director Assistant Oitv Manaqer Citv Mi arer
ETC MTI I JLM/
T:\AGENDA\201s\September\PUBLIC WORKS\Bergeron CO No. 5 -
AGHOA ITEI{
-
oa?s
-
Asenda ltem 8] 0
oate ?-2- [S
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Change Order No. 5 To The Design-Build Agreement With
Bergeron Land Development, lnc., Dated April 30, 2014 (The Agreement), Related To The Disposal Of Soils
From The West Avenue Neighborhood Project, Provide Rental Generators To Reduce Flooding and Street Light
Design Standard Development, lncreasing The Cost Of The Agreement By $2,000,000.
Ensure value and of
Data (Su Environmenta! Scan. etc.): N/A
Item Summary/Recommendation :
At its February 12,2014 meeting, the City Commission approved and authorized the City Manager to procure
the necessary emergency design and construction services, pursuant to a negotiated design-build contract for
the remaining stormwater pump stations for 6'n, 1Otn and 14tn Streets, with Bergeron Land Development, lnc.
(Bergeron), a Florida Department of Transportation (FDOT) contractor for the Alton Road lmprovements Project,
in an amount not to exceed $11,250,000; and
As a continuation of the initiative to protect residents from tidal flooding, the Public Works Department requested
an additional scope of work to the existing Bergeron contract for an additional scope of work to include the
removal of soils with elevated arsenic levels, provide rental generators to reduce flooding and in establishing
street I ighting standard.
CURRENT STATUS
During the West Avenue Construction lmprovement Project, it was determined by Miami-Dade County that
Miami Beach soils have naturally occurring arsenic and soils removed from the site shall not be disposed as
contaminated soil. The cost of permitting, testing and disposal has been estimated at$1,544,220, not included
in the original contract.
Public Works is submitting a request to execute Change Order No. 5, for additional scope of services to be
performed by Bergeron for permitting, testing and disposal of all soils from the site, due to naturally occurring
arsenic.
ln addition, in order to reduce street flooding, the City requested Bergeron to local rental pumps to pump storm
water to the bay. The estimated cost for this activity is $437,180.00.
Bergeron's consultant who performed the lighting design of West Avenue will also assist the City in developing
lighting standards for this and all future projects. Completing the lighting study of the West Avenue
Neighborhood will create the new standardization which will be incorporated into the Public Works Manual for
street lighting in the City. The estimated cost for this activity is $18,600.
Subject to the 6th Capital Budget Amendment being approved on September 2,2016, R74
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
S MIAMIBEACH 953
C MIAMI BEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33'I39, www.miomibeochfl.gov
C MEMORANDUM
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
September 2,2015
A RESOLUT]ON OF THE MAY
MIAMI BEACH, FLORIDA,AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE CHANGE ORDER NO. 5 TO THE DESIGN.BUILD
AGREEMENT WITH BERGERON LAND DEVELOPMENT, INC., DATED APRIL 30,
2014 (THE AGREEMENT), RELATED TO THE DISPOSAL OF SOILS FROM THE
WEST AVENUE NEIGHBORHOOD PROJECT, PROVIDE RENTAL GENERATORS
TO REDUCE FLOODING AND ESTABLISH STREET LIGHTING STANDARDS FOR
THE CITY, FURTHER INCREASING THE COST OF THE AGREEMENT BY
$2,000,000.
ADM! NISTRATION RECOMMEN DATION
The Administration recommends adopting the Resolution.
FUNDING
TO:
FROM:
DATE:
SUBJECT:
FY 2014t15
Amount
$ 434,833
n
AND CITY COMMISSION OF THE CITY OF
Account Number
303-2717-069357 - Seawall Biscayne Bay Streetend
$1.565.167 Storm Water Bonds
$2,000,000 Total
BACKGROUND
At its February 12, 2014 meeting, the City Commission approved and authorized the City
Manager to procure the necessary emergency design and construction services, pursuant to a
negotiated design-build contract for the iemaining stormwater pump stations for 6th, 1Oth and
14th Streets, with Bergeron Land Development, lnc. (Bergeron), a Florida Department of
Transportation (FDOT) contractor for the Alton Road lmprovements Project, in an amount not to
exceed $1 1,250,000; and
As a continuation of the initiative to protect residents from tidal flooding, the Public Works
Department requested an additional scope of work to the existing Bergeron to include the
removal of all arsenic-contaminated soils as requested by Miami-Dade County, to construct the
extension of the West Avenue/Collins Canal and assist the City in establishing street lighting
954
Commission Memorandum -Bergeron pump sfafions lmprovements - Change Order No. 5
Page 2 of 3
standard.
CURRENT STATUS
During the West Avenue Construction lmproject project, it was determined by Miami-Dade
County that all Miami Beach soils have naturally occurring arsenic and all soils removed from
the site shall be disposed as contaminated soil. The cost of permitting, testing and disposal
estimated at$1,544,220 and was not included in the original contract.
Public Works is submitting a request to execute Change Order No. 5, for additional scope of
services to be performed by Bergeron for permitting, testing and disposal of all soils from the
site, due to naturally occurring arsenic.
ln addition, in order to reduce street flooding, the City requested Bergeron to local rental pumps
to pump storm water to the bay. The estimated cost for this activity is $437,180.00.
Bergeron's consultant who performed the lighting design of West Avenue will also assist the
City in developing lighting standards for this and all future projects. Completing the lighting
study of the West Avenue Neighborhood will create the new standardization which will be
incorporated into the Public Works Manual for street lighting in the City. The estimated cost for
this activity is $18,600.
CONCLUSION
The Administration recommends adopting the Resolution.
JLM/MT/ETC/BAM/FRS
T:\AGENDA!2O1S\SeptembeAPUBLlC WORKS\Bergeron CO No. 5 - MEMO.docx
955
RESOLUTION TO BE SUBMITTED
956
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing
Amendment No. 1 To The Development Agreement Between The City And Jameck Development, lnc. (Jameck Or
Developer), Dated July 23, 2014, For The Design, Development, And Construction Of Certain Streetscape lmprovement ln
The City's Right Of Way, At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (The Project);
Said Amendment lncreasing The Budgeted Cost Of The Project To A Guaranteed Maximum Price (GMP) Of $786,200, Due
To Construction Cost Increases, But Without Changing The City's Financial Contribution To The Project (ln The Original
Approved Amount Of $485,820); And Requiring The Developer To Pay For Any Project Costs Exceeding The City's
Contribution.
Ensure well iects - lncrease Community Satisfaction with Citv Services
Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey, recently completed capital projects were
rated by both residents and businesses.
The owner of Lincoln Center Associates, LLC, approached the City to enter into a Development Agreement for the closure
of a portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular traffic, as part of an extension of
the Lincoln Road pedestrian mall, and the construction of Streetscape lmprovements in the City's right-of-way.
This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the end of Euclid Avenue just
south of Lincoln Road and establishing a delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles
to travel east or west through Lincoln Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b)
by providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and (c) by creating more
space for performances at the Euclid Oval.
On June 5,2013, the Mayor and City Commission adopted Resolution No. 2013-28236, approving the Conceptual Plan and
authorized the City Manager to enter into negotiations with the Developer to design and build the Project.
The Administration modified the Development Agreement to incorporate the conditions required by the City Commission at
its June 11,2014 meeting. At its July 23,2014 meeting, the Mayorand City Commission approved, upon second and final
reading, and after a duly noticed public hearing, the Development Agreement between the City and Jameck Development,
lnc.
The Developer submitted the selected contractor schedule of values to Public Works staff, which has reviewed and
considered the cost proposal fair and reasonable for the proposed work.
The Developer has agreed to pay for costs in excess of the City costs. Staff further reviewed the increased construction
cost of the improvements and concluded the future maintenance costs to be incurred by the City after completion of the
improvements are not likely to increase.
The Developer has also submitted to City's Legal Department the Guarantee Maximum Price Contract to construct the
improvements with the selected contractor for review prior to being executed between Developer and. contractor. The total
cost of the Project is estimated to be $786,200, of which the City will fund the hard costs, not to exceed $485,820, as
originally approved by the Mayor and City Commission, with the additional costs to be covered by the developer.
See above
Financial
$gurce of Funds:ua Amount Account
I $416,820 365-2767-000356
2 $27,000 365-2767-069351
3 $42,000 365-2767-069358
Total | $485,820
Financial lmpact Summary: F
District Funds (City Center RDA'
:nds for this project were approved by the City Commission as part of the City Center Redevelopment
in the FY 2012fi3 and FY 2013114 Capital Budqet.
Clerk's
Bruce Mowry, Ext.6565
beAPUBLIC WORKS\Euclid Street
AGENDA ITEMf,I P-
--E MIAMIBEACH
SUMM.docx
oarc 4-2-tS957
(9 MIAMI BEACH
City of Miomi Becch, I 200 Convention Cenler Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
N MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE
MIAMI BEACH, FLORIDA,
AND CITY COMMISSION OF THE CIry OF
AND AUTHORIZING AMENDMENT NO. 1
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND JAMECK
DEVELOPMENT, lNG. (JAMECK OR DEVELOPER), DATED JULY 23,2014, FORTHE DESIGN, DEVELOPMENT, AND CONSTRUCTION OF CERTAIN
STREETSGAPE IMPROVEMENT IN THE CIry'S RIGHT OF WAY, AT THE
PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN
LANE SOUTH (THE PROJECT); SAID AMENDMENT INCREASING THE
BUDGETED GOST OF THE PROJEGT TO A GUARANTEED MAXTMUM PRICE
(GMP) OF $786,200, DUE TO CONSTRUCTTON COST TNCREASES, BUT
WITHOUT CHANGING THE CITY'S FINANCIAL CONTRIBUTION TO THE
PROJECT (lN THE ORIGINAL APPROVED AMOUNT OF $485,820); AND
REQUIRING THE DEVELOPER TO PAY FOR ANY PROJEGT COSTS
EXCEEDING THE CIry'S GONTRIBUTION.
ADM!NISTRATION REGOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well designed quality capital projects
lncrease Community Satisfaction with City Services
FUNDING
$416,820 365-2767-000356
$ 27,000 365-2767-069357
$ 42,000 365-2767-069358
$485,820 Total
BACKGROUND
The owner of Lincoln Center Associates, LLC, approached the City to enter into a development
agreement for the closure of a portion of Euclid Avenue, between Lincoln Road and Lincoln
Lane South, to vehicular traffic, as part of an extension of the Lincoln Road pedestrian mall, and
the construction of ^Streetscape lmprovements in the city's right-of-way.
TO:
FROM:
the City C
958
City Commission Memorandum
Euclid Avenue Street End Prcject
Amendment Nol Jameck Development, lnc. - Development Agreement
September2,2015
Page 2 of 3
This Project will benefit the public in the following ways: (a) by removing delivery vehicles at the
end of Euclid Avenue just south of Lincoln Road and establishing a delivery vehicle loading
zone at Lincoln Lane South that will permit such vehicles to travel east or west through Lincoln
Lane South instead of having to back up and turn around to exit on Euclid Avenue; (b) by
providing the Flamingo Park residents with an entrance to Lincoln Road off Euclid Avenue; and
(c) by creating more space for performances at the Euclid Oval.
On June 5, 2013, the Mayor and City Commission adopted Resolution No. 2013-28236,
approving the Conceptual Plan and authoriing the City Manager to enter into negotiations with
the Developer to design and build the Project.
The Administration modified the Development Agreement to incorporate the conditions required
by the City Commission at its June 11,2014 meeting.
At its July 23,2014 meeting, the Mayor and City Commission approved, upon second and final
reading, and after a duly noticed public hearing, the Development Agreement between the City
and Jameck Development, !nc. (Developer) for the design, development, and construction of
certain streetscape improvement in the City's right of way, at the portion of Euclid Avenue
between Lincoln Road and Lincoln Lane South. The Project had a total budgeted cost to the
City of $485,820, with any additional funds for the Project to be covered by the Developer.
Such City funds were to be appropriated from Miami Beach Redevelopment Agency (Historic
Convention Village/City Center RDA) Funds.
ANALYSIS
The Developer and principal of Lincoln Center Associates, LLC, Melvyn Schlesser has
conducted a bid process to hire a contractor to develop the improvements. Three firms
requested bid documents. Two proposals were received by the Developer: the first one from
JCM Development Group in the amount of $767,164 and the second one from EDGE
Construction, lnc. in the amount of $786,200. The third bidder, A. Galvez Construction and
Consulting, was disqualified as the cost proposal was not presented by the due date. After
review and negotiations by the Developer, EDGE Construction, lnc. was selected to build the
improvements (see attached schedule of values).
The Developer submitted the selected contractor schedule of values to Public Works staff,
which has reviewed and considered the cost proposal fair and reasonable for the proposed
work.
The Developer has agreed to pay for costs in excess of the City costs. Staff further reviewed
the increased construction cost of the improvements and concluded the future maintenance
costs to be incurred by the City after completion of the improvements are not likely to increase.
The Developer has also submitted to City's Legal Department the Guarantee Maximum Price
Contract to construct the improvements with the selected contractor for review prior to being
executed between the Developer and contractor. The total cost of the Project is estimated to be
$786,200, of which the City will fund the hard costs, not to exceed $485,820, as originally
approved by the Mayor and City Commission, with the additional costs to be covered by the
Developer.
959
City Commission Memorandum
Euclid Avenue Sfreet End Prcject
Amendment Nol Jameck Development, lnc. - Development Agreement
September 2, 2015
Page 3 of 3
GONCLUSION
The Administration recommends approving and authorizing Amendment No. 1 to the
Development Agreement between the City and Jameck Development, lnc. (Developer), dated
July 23, 2014, for the design, development, and construction of certain streetscape
improvement in the City's right of way, at the portion of Euclid Avenue between Lincoln Road
and Lincoln Lane south; said amendment increasing the budgeted cost of the project to a
guaranteed maximum price (GMP) of $786,200,'due to construction cost increases, but without
changing the City's financial contribution to the project (in the original approved amount of
$485,821); and requiring the developer to pay for any project costs exceeding the City's
contribution.
n^ /9W
JLM/MT/EEBAM/JR
T:\AGENDA\201s\Septembe^PuBLIC WORKS\Euclid Street End GMP Amedment Memo.docx
960
I Preconstruction and Ptocurement $10,000
2 Mobilization $30,000
.7 General Conditions s48,800
4 General Trades $23,280
5
e
Site Work $220.000
Landscape $49,640
7 Concrete $i05,932
I Misc. Metals $14,000
9 Electrical s228,000
10
11
Fee $43,779
lnsurance $12,759
TOTAL s786,200
961
- ltem loesctiption Cost I Delaited Break out STEA ldt6
t lanoal C6ndili6n4 78.E00.00 s4.{5 Od Sile Suoervislon sea Monlhs
s 33.280.00 s{_75 Staging/LogisticsJProtecUon
3 ihe Work t 220,000.00 sil.58
-Tnd-Erjwjun?T'iiimo$ieVlng/Draioage,slgnage&
Mar,(lnqs
t)aholilldn t 40,000.00
Dhlnaoe 3 80.000.00
Slte lmorovMts 85,000.00
.10,000.00
Oriva Lane 3 5,000.0{
4 andscare I 49.64{,00 32.61 Nd ldrdsBoe E lrloauoa
L.nd9aam t 39,216,00
lrlIau,on 3 5.675.00
Addttlon3l Saeavhs 3 r.600.00
l[ioaiion ReDaiE Durtng Canstq!{qq s 2,250.O0
5 i 105,932.00 $5.58 stdewal ksrc u$srRetalnlnE wal lrcolo-ae!1]I9E9lgg
Curbim g 3,963.0{
6" Sid€ W:ilke 3 5.130.00
colored Cotrccte s 74.833.00
Ellioso Rstaininq Wall I 2,s00.011
TemmEry Sid€ livalks /l.s00.0{
Additlonal rrobilleation lor s€comary
Work s.000.00
6 [lsc. t€t3ls t 14,000.00 t0.7,t custom Pa* 8€Irchss 4eq
t 228,000.00 r2.o0
nfr Effi Iffi
-Panals
& Feedersrsits Ltghllrg, I mp
Power & Geratator Back UP
FeedffirPanelg/Powsr 3 155.000.0c
Liohlina t 73,000.{xl
3 43,?79.18 6.00% _
3 ,12,768.93 1.7s%
0.00%
€f/GEffiMli6iE,@
962
l4IO o ttt
-7*-=--
)U)
ge
EIJ
edei29
8E2A
Eg
I
-!
*!
-40AiE
--J 'i=niB eo
CD LU gEO: frrhl-QA(DIqil
TUFa
Il--"
\ax7vt
Hi
,
Lii ,
E4;
[i,f:l
fii
t,I'lo ...-. -. io.- ,J
s,D
lt{ 6
Zvo
O iF trq *g z H HEdfr5\.66 eN u f 6466*zz69e6oq&rat E Eg*il*dd,H=3 I -eD
> os E ii 0-rHgHSb
lffiml*
963
-
E
o
-'.-14*
s EtF;P:r- :sg5iI ; rt r#le:.9:)*'{f,-s^&I *.; E *,eI = , '-*,$l:i$El r i g $il g $ "$ '$,I
El-es*llE;I r E #"*
{i=.5=,-F
!
1
:1
s
a't
1;.,j
I
"t
e;
.l{
I
Yt
1
-i
I
.l!
ia
-i Orl
Ea
I
'1
Jt{
11
:l
'lo
i6i\jF
ilttdi3
iln
io
!\
itt0j:
a
.l
z
I
f
:
B
I
p
(,
r,:
IJJ lJ.
-=lJ_IEF
EEp&=x8urc5
1
I
I^-t
o
E
d
e;5TAte
!etblol-
,E!9
Eo-5;F.u:0<Z.peEg*EgEi:5E;8;5CXVI ?g 5 ts;E : E i Y.
'&t!4eEq! ! ? f,-i*.-.....2-..- ..6 -...s. .-.-.il{-.. ...."... ...3B*-m4t,i!
.9l;
uS9#
ffi
#
F
Eo3
o
@co
=
?
a
:
d
.E
^o
=
o
vU
t?
o
s!
out)(}
b;*
ia6
I,EEi
3 5 A5
g:
ff:
&&
*IE-
e E n 3
538,5
I[.
E
b>
55*tF
3?;EE
H*AE
&&HH
ffi&
!eNE0g ! k 6
g 9l-.I
xxxE\55 S F 6H; rrHI}S: I's,li$: lr#:rLi.
i
e oi
I
I
I
I
I
I
l
''i
ol
\ INIdl!iotBl
I41
\ Iri
dldl
J{Eits!
B''- - s n q nH66ddhil;n{5<.<.}.i;{b.NF6{OONdNd
HdN666dHdHplE!EEEEepEoloo000s000
=.:==33=8ts==6O44i66hH-dmh6{6di\\\i
JGNINHNS
rN-N@OHdilHd
f5;5t53=5:5sE:ttsGtccrFI-ZtsFFFhFFF
s
! > > o o 6 d 6 0 > 'o^dOEEEEEE6ENvv600000dNddmdNda6,d
@Ncrooo>3
h
NN
\ r@ao
'ifB!-
!Etsr
4
s!NO
ots
ccoo
=E
!-
o6
6
6
F
Ita3
o
t0:
d
!
,e,of;EtroEd'=!.ExESE&BilF=E'E
=iHYoci,Y=+G-9Es :a; r FE aY.-=(]z&'rrEY
"ESd?fse:1.8.=o=Po:EE-6:*5EEEIgEEEIeE
fsff
EE
?
coU
l*
t)(9
Oo
-O
o+J
c6Os
ie
=Pao9F
EOao;e<(,
ff
@
€F
o
ioo.3F
!
c
Bo
!
=,g
CJx
!
6
co6.9
E-:
c
'c
i6
II
E
6
c,9
aEt,.?
ooHb
oi
o-9
u6
AE'qo
u€gt7
$,f
co
u5
toq
oo
l
i@
r
Ld
E
.j e-
de
td
964
l. Architectural Drawings by R+O Studio LLC.
2. MEP Drawings by JMM Consultine Enqineers
3. Civil Drawings by Chen Moore & Associates
Drawing
Number
Drawing Tilc Initial
Drawins Date
Revision
A
Revisio
n Date
Includcd In
Confract
c0.01 Soecifications tllt4/2a 4 Yes
CI.OI Existine Conditions tt/1412b 4 Yes
c2.01 Demolition Plan l0ll5lat)4 Yes
c202 Pollution Prevention Plan 08/08/20 4 Yes
c2.03 Pollution Prevention Details t1114120 4 Yes
c3.0r Site Plan 1011s120 4 Yes
c4.01 CivilPIan tt/t4120 4 Yes
c4.02 Civil Details tU14120 4 Yes
c4.03 Civil Details tvr4t2a 4 Yes
c4.04 Civil Profile $fi312A )Yes
c5.0r Sienins Markine Plan tt/t4l2a 4 Yes
A.3.00 Details 07txAa 4 Yes
42.01 Enlarged Plans 07t23120 4 Yes
A2.00 Enlarsed Site Plan 07/23/20 4 I Owners Revision 0L/22/t5 Yes
,A l0 Existins Site Plan 07t23/20 4 Yes
A 00 Site Data 07t23t20 4 Yes
L .01 Materials Plan alL5l20 4 Yes
L .02 Hardscape Plan Qt15t20 :l Yes
L .03 Hardscane l)etails 0l1sl20 4 Yes
L2.01 Landscape Plan 0n5t20 4 Yes
L2^02 Landscape Details 4fi5t20 4 Yes
L3.01 Irrieation Plan al$120 4 Yes
1.3 02 lrrigation Details alL5l20 4 Yes
L3.03 Irrisation Details 0t1st20 4 Yes
E04 Sheet 04/26120 3 1 BDC 03/0s/15 Yes
E.03 Sheet 04/2612A 3 1 BDC 03/05/1 5 Yes
E.02 Sheet 04125t20 3 1 BDC 03t0s/15 Yes
E.0r Sheet 04t2611 i BDC 03/05/15 Yes
965
IXHIBIT "C*
1. General Condifions snd General Trades
. a, Furnish and install supervision as required to meet the project schedule and requirements.
' b. Furnish on site dumpsters for removal of construction waste and material.
^ c. Protect building and tenant existing conditions and furnishings,
. d. AII owner firmishings and equipment will be relocated from the construction areas by the
owner. Conlractor is not responsible for any relocations or stor*ge of owner furnishings
and equipment.
. e. All work is to be completed during normal business hours (Monday-Friday, 7:00am-
3:30pm). If any overtime or premiurn time work is reguired due lo impact to losal
businesses and/or city requirements, all associated costs are to be paid for by owner.
Contractor will submit additional pricing ta owner pnor ro commencing rvork.
f. Project schedule and phase plan as per contract Exhibits "E'' and'*F". Contractor has
qualified that the project will be executed in one (lea) phase. If for any reason (by owner,
municipalities, 3d parly contractors or vendors) additional phasing is required the
contractor reserves the right to submit for additional nrobilizations and tirne ifrequired.
i, Contractor includes'ocoms back"'work at existing store front entrances as shown
oa Exhibit "E" $ite Logistios Plan.
ii. Csntractor includes one (iea) temporary drive lane at the existing parking lot, as
indicated on Exhibit *E" Site Logistics Flan.g. Furnish and install construction fence as per Exhibit'uE"- All roadways and side*-alks are
to be permanently shut down forthe duration af construction. TemporarS'sidewalks and
overhea{-pro1e.ggio.n il qg"Lindicated on the drawings and is not included.}#lni*tfffioitr
h, Owner shall partake in procurement of cif approvals, permits, sub permiis, as required
by Ciry of Miami Beaeh.
2. Demolition
a. Temporary relocation of existing city bicycles and bicycle racks are not included by
contractor.
b. Contractor includes removal and haul offof all items as outlined on the contract
drawings.
c. Contractor shall salvage and turn over to city all items as listed on contract drawings.
Iterns included but not limited to parking meter and light fixtures.
3. Site T#ork
a- Furnish and install means ofprotection as per contract site pollution prevention plan.
Items include silt fence, filter median, bales or bale type barriers'
b. Mill and resurface existing asphalt accordi*g t0 new dralying elevations.
c. Ftrrnish and install new pavement markings and signage as per aotltract drawings.
d. Furnish and install new underground utilities, tie into exiting, e$end existing as psr
contrast drawings. Items include:
i. Storm drainage
ii. \triater
iii. Electrical per electrical scCIpe below
e. ,gt$tid#, dfi#hitlio.$rriqtrufes's}1qll= subrjitted.:{-b-sgpprcvcl A,i$iiBss6tif**"ordifl.$$
'tw#fffiff;lf-
*F urqtr"4," r*p{rr.{,xg- * suuu",4 .,4oy*r.,,,xv,uu,u|
966
i*.llfqrr4 rv{1q =-*+
a+ifr{ ,vlsoF€
Conrracror does nor include aly contingenry fbr repairs to existinglJoriir*rli-*4" "fthe scope of work per the contract drawings.
g. Contraetor does not include any additional time or rnaterial for items outlined on conflict
chart sheet C4.01. All potential conflicts shall be evaluated as they are uncovered, and
contactor will notiS the cwner and design team if any conflicts rarill result in a chartge
order, prior to conrrnencing work.
4, Lrndscapellrrigation r yJout.D NE€.O *;' lailFlqjvl
{ wt-Ir{ cHE^, 'q.oof-€a. Underground irrigation pipe shall be scheduieffi,ffi
b. lrrigatior: manufacturer tq be Hunter, as per contxact drawings'c..Lc-w,..v.et!{$$;lf,-ffiffg.skql . Contractorassumesexisting
control wiring is in good working condition. &pqdqc?Fe c€ry1a$g _1=q=ryS,S,fififfiiffik#
ty$mpr-4f to coqrls,bncingconsfitlctiorl and rcportamy exiit@ e&oroOnfliqs
d. New landscape to be provided as outlined on plant schedule sheet L2,01.
- 5. Coacr+te
a- Form, place, and finish all concrete cu&s as indicated on contract drawings, Drawings
indicaie Tlpe F Curb and Sutter and Type E Mountable Curb and Gutter.
b. Fumish and install standard 6" concrete sidewalks with broom finish and urreinforced
(approximately 900 square feet).
c. Furnish and install 6" colored concrete* dark charcoal color hardener with rock salt stamp
finish in lieu of magellanic cloud integral colot (approximately 4,900 square feet).
d. Furnish and install 6" colored concrete- ash white color hardener wittr rock salt stamp
finish in lieu of sand doliar integral color (approximately 3,300 square feet).
e. All concrete work associated with lhe new electrical closet is not included in this
proposal..i( o,.,.reEfbNttJ{n4:WN4* At- fu"l5e}, ELlF.trtt+* F!,-&}{-TH.F- ,"$
Misc, Metals
a. Miscellaneous metals allowalrce fornew metal custom benches is included at fourteen
rhousand ($14,000) total. This is for alt nerv benches indicated on contract dmwings.
Drawings call for four (4ea) ner.v benches-
f,lectrical
a- Contractor to extend existing conductor to new electrical room location per contract
drarvings.
Contrac(ot to use rigid 90's for FPL extended conduit per contract drawings.
Furnish and install electrical equipment per electrical riser on contract drawings.
Furnish and install all feeders per eleclrical risers. Contractor includes wire terminations.
Temporary back feed of existing electrical feeds is not iochded. All existing electrical
transfers are to be completed during nomrai working hours.
Furnish and install site lighting, landscape lighting, as per lighting fixture package.
Ccltraetor will use PVC SCH 80 in lieu of HDPE under taflie roads.
Nsrv Poulsen Poie Lights to be installed with cornpacted soil, as per electrical drawings'
Low voltage, data" fiber optic" communication wiring and raceways are not shown on the
contraet &awings and noi included in this proposal.
6.
7.
b.
c.
Iu,
f.
G
h.
i.
967
b.
c.
t.
g
Relocation, storage, protection of owner equipment or fumishings
Master permit &es, subcontract permit fees, temporary certificate of completion fees,
certificate of completion fbes, revisions fees, over time inspection fees are not included
unforeseen requests not iudicated on contract drawings for additional r,vork or
improvernents made by city inspector, owners! engineers, sr any other authorities having
jurisdiction.
Materials testing and inspections by owner
All special inspectors and threshold insp€cto$ are by olrnsr
Temporary relocation of existing city bicycles and bicycle racks not included by
contractor
968
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AMENDMENT
NO. 1 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
JAMECK DEVELOPMENT, !NC. (JAMECK OR DEVELOPER), DATED JULY
23, 2014, FOR THE DESIGN, DEVELOPMENT, AND CONSTRUCTION OF
CERTAIN STREETSCAPE IMPROVEMENT IN THE CITY'S RIGHT OF WAY,
AT THE PORTION OF EUCLID AVENUE BETWEEN LINCOLN ROAD AND
LINGOLN LANE SOUTH (THE PROJECT); SAID AMENDMENT INGREASING
THE BUDGETED COST OF THE PROJECT TO A GUARANTEED MAXIMUM
PRICE (GMP) OF $786,200, DUE TO CONSTRUCTTON COST INCREASES,
BUT WITHOUT CHANGING THE CITY'S FINANCIAL CONTRIBUTION TO
THE PROJECT (lN THE ORIGINAL APPROVED AMOUNT OF $485,820); AND
REQUIRING THE DEVELOPER TO PAY FOR ANY PROJECT COSTS
EXCEEDING THE CITY'S CONTRIBUTION.
WHEREAS, Jameck Development, lnc. (Developer), approached the City to enter into a
Development Agreement for the closure of a portion of Euclid Avenue, between Lincoln Road
and Lincoln Lane South, to vehicular traffic, as part of an extension of the Lincoln Road
pedestrian mall, and the construction of streetscape improvements (the lmprovements) in the
City's right-of-way (the Project); and
WHEREAS, the Project will benefit the public in the following ways: (a) by removing
delivery vehicles at the end of Euclid Avenue just south of Lincoln Road and establishing a
delivery vehicle loading zone at Lincoln Lane South that will permit such vehicles to travel east
or west through Lincoln Lane South instead of having to back up and turn around to exit on
Euclid Avenue; (b) by providing residents and visitors with an entrance to Lincoln Road off
Euclid Avenue; and (c) by creating more space for performances at the Euclid Oval; and
WHEREAS, on June 5, 2013, the Mayor and City Commission adopted Resolution No.
2013-28236, approving the Conceptual Plan and authorizing the City Manager to enter into
negotiations with the Development for a Developer Agreement to design and build the Project;
and
WHEREAS, on its June 1 1, 2014 meeting, the City Commission approved Resolution
No.2014-28628, approving the Development Agreement on first reading; and
WHEREAS, on its July 23, 2014 meeting, the City Commission approved Resolution No.
2014-28673, approving the Development Agreement on second and final reading; and
WHEREAS, the Developer submitted it proposal contractor's schedule of values to
Public Works staff, which has reviewed and considered the cost proposal fair and reasonable
for the proposed work; and
WHEREAS, the Developer has agreed to pay for Project costs in excess of the City
costs, in the amount of $485,820; and
969
WHEREAS, Public Work staff further reviewed the increased construction cost of the
lmprovements, in the total guaranteed maximum price (GMP) of $786,200, and concluded the
future maintenance costs to be incurred by the City after completion of the lmprovements are
not likely to increase; and
WHEREAS, the total cost of the Project is now estimated to be $786,200, of which the
City will fund the City costs, in the original GMP amount not to exceed $485,820, as originally
approved by the Mayor and City Commission; and
WHEREAS, with the additional GMP costs will be covered by the Developer.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby
approve and authorize Amendment No. 1 to the Development Agreement between the City and
Jameck Development, lnc. (Jameck or Developer), dated July 23, 2014, for the design,
development, and construction of certain streetscape improvement in the City's right of way, at
the portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South (the Project); said
Amendment increasing the budgeted cost of the Project to a guaranteed maximum price (GMP)
of $786,200, due to construction cost increases, but without changing the City's financial
contribution to the Project (in the original approved amount of $485,820); and requiring the
Developer to pay for any Project costs exceeding the City's contribution.
PASSED AND ADOPTED this 2nd day of September,2015.
Philip Levine
MAYOR
ATTEST:
Rafael E. Granado
CIry CLERK
T:\AGENDAV01S\SeptembeAPUBLlC WORKS\Euclid Street End GMP Amedment RESO.docx
970
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving
And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Existing Joint
Participation Agreement (JPA) Between The City And Florida Department Of Transportation (FDOT),
Providing For Funding ln The Amount Of Additional $302,518, For Patterned Pavement Crosswalks
By FDOT Highway Contractor For The Construction Within The Project Area, As Part Of The State
Road 907/Alton Road Project, From 5th Street To Michigan Avenue; Further Approving And
Authorizing The Mayor And City Clerk To Execute As Well A Corresponding Maintenance
Memorandum Of Aqreement.
COMMISSION ITEM SUMMARY
Item Summary/Recommendation :
The Florida Department of Transportation (FDOT) is completing construction of improvements on
Alton Road/State Road (SR) 907 from 5'n Street to Michigan Avenue (Project) and is expected to be
completed in October2015. The Project includes roadway, sidewalk, curb and gutter reconstruction,
and significant..drainage improvements including construction of three (3) stormwater pump stations at
5'n Street, 10'n Street, and 14tn Street, decorative lighting, landscaping, irrigation, and bonded
aggregate improvements.
ln order for FDOT to include the construction of City requested enhancements as part of the Project,
the City and FDOT executed a JPA stipulating funding and responsibilities among the parties at the
beginning of the project.
Work by Hiqhwav Contractor Aqreement
This agreement will add funds to an escrow account, financial project number 29911-1-52-03
established by FDOT with a deposit in the amount of $302,518 from by the City for the purpose of the
construction of patterned pavement crosswalks on Alton Road Avenue from sth Street to Michigan
Avenue as part of the Project.
Patterned Pavement Crosswalks Maintenance Memorandum of Agreement
ln addition to funding construction of the patterned pavement crosswalks, the City must also enter into
a Maintenance Memorandum of Agreement with FDOT to provide for continued maintenance in
perpetuity. The agreement requires the City to perform the following:- Removing and disposal of litter;- Testing the friction resistance of the crosswalks every two (2) years;- Perform additional testing as required; and- Replace the crosswalk within 90 days as directed by FDOT.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Board Recommendation:
Source of
Funds;,a
Amount Account
1 $302,518 187-2725-069357.U ((P^Jt/ oBRL_-,
2
Total $302,518
Well Maintained lnfrastructure
Data (Survevs. Environmental Scan. etc.):
Financial lnformation :
AGENDA ITEM R7Q# MIAAAItsNACH ilA1r 4-2-tf971
g MIAMIBEACH
City of Miqmi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o the City
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY GLERK TO EXECUTE AMENDMENT NO. 1 TO THE EXISTING JOINT
PARTTCTPATTON AGREEMENT (JPA) BETWEEN THE CITY AND FLORIDA
DEPARTMENT OF TRANSPORTATTON (FDOT), PROVIDING FOR FUNDING lN
THE AMOUNT OF ADDITIONAL $302,518, FOR PATTERNED PAVEMENT
CROSSWALKS BY FDOT HIGHWAY CONTRACTOR FOR THE CONSTRUCTION
WITHIN THE PROJECT AREA, AS PART OF THE STATE ROAD 907/ALTON
ROAD PROJECT, FROM sTH STREET TO MICHIGAN AVENUE; FURTHER
APPROVING AND AUTHORIZING THE MAYOR AND CIry CLERK TO EXECUTEAS WELL A CORRESPONDING MAINTENANCE MEMORANDUM OF
AGREEMENT.
ADMI NISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
$302,518 187-2725-069357
BACKGROUND
The Florida Department of Transportation (FDOT) is completing construction of improvements
on Alton Road/State Road (SR) 907 from Sth Street to Michigan Avenue (Project) and is
expected to be completed in October 2015. The Project includes roadway, sidewalk, curb and
gutter reconstruction, and significant drainage improvements including construction of three (3)
itormwater pump stations at Sth Street, 1Oth Street, and 14th Street, decorative lighting,
landscaping, irrigation, and bonded aggregate improvements.
ln order for FDOT to include the construction of City requested enhancements as part of the
Project, the City and FDOT executed a JPA stipulating funding and responsibilities among the
parties at the beginning of the project.
972
t
Commission Memorandum - FDOT Agreements for Alton Road from sth Street to Michigan Avenue
September 2,2015
Page 2 ot 2
ANALYSIS
Work bv Hiohwav Contractor Aqreement
This agreement will add funds to an escrow account, financial project number 29911-1-52-03
established by FDOTwith a deposit in the amount of $302,518 from the City forthe purpose of
the construction of patterned pavement crosswalks on Alton Road Avenue from Sth Street to
Michigan Avenue as part of the Project.
Patterned Pavement Crosswalks Maintenance Memorandum of Aoreement
ln addition to funding construction of the patterned pavement crosswalks, the City must also
enter into a Maintenance Memorandum of Agreement with FDOT to provide for continued
maintenance in perpetuity. The agreement requires the City to perform the following:- Removing and disposal of litter;- Testing the friction resistance of the crosswalks every two (2) years;- Perform additionaltesting as required; and- Replace the crosswalk within 90 days as directed by FDOT.
CONCLUSION
The Administration recommends approving the Resolution authorizing funds be expended for
the crosswalk and construction and authorize the execution of the MMOA.
A. FDOT Locally Funded Agreement, Three Party Escrow Agreement
B, FDOT Patterned Pavement Crosswalks Maintenance Memorandum of Agreement with
The City Of Miami Beach
rr-ur{pruJF/BAM
T:\AGENDA\201S\SeptembeAPUBLlC WORKS\FDOT additional funding for patterned pavement crosswalk - Memo.docx
973
RESOLUTION TO BE SUBMITTED
974
R7 - Resolutions
R7R A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Request For Qualifications No. 2014-11s-SR, For Professional Engineering Consulting
Services Relating To The Design Of The New West Avenue Bridge Over The Collins
Canal (The "RFQ"); to Withdraw This Procurement Process And Amend The Existing
Contract With Gannett Fleming, lnc., Who Completed The Planning Development And
Environmental Phase Of This Project; Further Authorizing The Mayor And City Clerk To
Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
(Public Works)
(!tem to be Submitted in Supplemental)
Agenda ltem R7 R
Date q--z-=975
THIS PAGE INTENTIONALLY LEFT BLANK
976
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee, And Approving
Amended And Restated Guidelines For The Miami Beach Convention Center.
lntended Outcome
The City of Miami Beach approved the Booking Policy for the Miami Beach Convention Center on June 7, 1989,
which was subsequently revised on October4, 1989, June 6, 1990, July 8, 1992, June 3, 1998, May 12, 1999,
July 7, 1999, and April 16, 2001. The renovation and expansion of the Miami Beach Convention Center
Renovation will begin immediately following Art Basel in Miami Beach 2015 and is expected to be completed in
2018. Group business generally books their events more than 24 months (2 years) into the future and the City
needs to decide, in very near future, what if any changes to the Booking Policy should be considered in order to
set booking goals for the Greater Miami Convention and Visitors Bureau (GMCVB) and Spectra (formerly Global
Spectrum). The current Booking Policy includes First Priority designation for long standing shows, defined as one
which has a minimum of 20 consecutive yea/s usage in Convention Center under the same ownership
(Grandfathered First Priority) and this is a rather unique aspect of our policy and not something found in other
destination's booking policies. The Convention Center is below the national average as it pertains to the total
number of annual conventions held in the Center.
The Amended and Restated Booking Policy Guidelines include the following:1. Clarifies room night requirements for First Priority designation;2. lncludes a second and third priority booking category with corresponding room night requirements;3. lncludes the addition of a Marquee Events category, which upon the written recommendation of the City
Manager and a 5/7ths vote of the City Commission, grant First Priority status to unique, high profile events
that the City determines will bring significant benefit to the City and/or Miami-Dade County in terms of overall
economic impact;
4. Requirement of an executed License Agreement with the Convention Center to be considered a confirmed
booking;5. Reduction of move-in and move-out days required for an event;6. allows for the rooms night verification to be used as a method of confirming peak room nights generated as a
result of the event.
City staff and the City Attorney finalized the Booking Policy, and the CCAB unanimously recommended in favor of
the revisions. Finally, the City, Spectra (formerly Global Spectrum) and National Marine Manufacturers
Association (Miami lnternational Boat Show) executed a Termination and Release Agreement, which terminated
the License Agreement with the Miami lnternational Boat Show for 2016 and gave them a Right of First Refusal
lor 2018 and 2019.
A6ENDA rrem RJ S
lmprove Alliance With Key Business Sectors, Namely Hospitality, Arts, & lnternational Business With A Focus On
Enhanced Entertainment, & Tourism
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported
of resident respondents feel the tourism industry contributes "about the right amount" to the quality of life,
13.3% indicated the tourism industry contributes "too little" to the of life.
Item Summary/Recommendation :
The Finance and Citywide Projects Committee discussed the Convention Center Booking Policy at several
meetings and ultimately recommended approval of the revisions to the Convention Center Booking Policy at the
April8,2015 meeting.
Financial lnformation:
Source of
Funds:
Financia! lmpact
Max Sklar, Tourism, Culture and Economic Development Director
E MIAMIBEACH oerc 14'lS977
r915.2015
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Honorable Mayor Philip Levine and
Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, ACGEPTING THE RECOMMENDATION OFTHE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND
APPROVING AMENDED AND RESTATED BOOKING POLICY GUIDELINES
FOR THE MIAMI BEACH CONVENTION CENTER.
RECOMMENDATION
Adopt the Resolution.
FUNDING
N/A
BACKGROUND
The City approved the Booking Policy for the Miami Beach Convention Center on June
7, 1989, which was subsequently revised on October 4, 1989, June 6, 1990, July 8,
1992, June 3, 1998, May 12, 1999, July 7, 1999, and April 16,2001. The most recent
revision on April 16,2001 was approved pursuant to Resolution No. 2001-24394 which
clarified designation of First Priority status and City Manager discretion concerning
same. The Booking Policy has not been revised since 2001.
As you know, in April 9,2014, Request for Qualifications No. 2014-1 42ME for the Design
Criteria Professional (DCP) services for the Miami Beach Convention Center Renovation
was awarded to Fentress Architects. Construction is anticipated to begin immediately
following Art Basel in Miami Beach 2015 and is expected to be completed in middle
2018. Group business generally book their events more than 24 months (2 years) into
the future. With that in mind, the City needs to decide, in very near future, what if any
changes to the Booking Policy should be considered in order to set booking goals for the
Greater Miami Convention and Visitors Bureau (GMCVB) and Spectra (formerly Global
Spectrum).
ln considering potential changes the type of event (convention, trade show and
consumer shows) determines what demands the facility and surrounding area are likely
to experience and what kinds of attendees and exhibitors can be expected. To a large
degree the Center must also consider the overall economic impact the show will have to
the City at large. Tax generation and City fees inclusive of the additional sales tax
revenue from visitors and increased local consumption patterns can provide a significant
the City Commission
978
City Commission Meeting
Convention Center Booking Policy
September 2,2015
Page 2 of 4
amount of revenue to the City and the local businesses. The propensity of the various
attendees and exhibitors to spend money in local businesses, hotels, shops, restaurants,
tourist attractions, use of local public transportation (taxis, and rental cars) and
entertainment establishments need to be considered and included in the overall
assessment of the show as a net revenue contributor to the local economy. The purpose
of the Convention Center is not to make money, but to generate business for our hotels
and restaurants, which in turn generates resort tax revenue.
Below is a table event im
Example
2014 Average
Attendance *
Economic lm
Building Revenue
arnve
Traffic I* Excludes Aft Basel and the Boat Show with 70,000 and 140,000 in attendance
respectively.
The current Booking Policy includes First Priority designation for long standing shows,
defined as one which has a minimum of 20 consecutive year's usage in Convention
Center under the same ownership (Grandfathered First Priority). lf the show has
multiple events in MBCC in a calendatyear, the first priority designation applies to only
one of the show events in the calendar year. This is a rather unique aspect of our policy
and not something found in other destination's booking policies. These grandfathered
events include Antique Show, Miami lnternational Boat Show, Jewelry lnternational
Show, Miami Auto Show and the Home Show. With the exception of Jewelry
lnternational Show, all are consumer shows. The Convention Center is below the
national average as it pertains to the total number of annual conventions held in the
Center.
ln considering Booking Policy changes, the City Commission should also be aware that
Grandfathered First Priority shows are currently able to obtain License Agreements for
use of the Convention Center up to 36 months prior to the show. Group business
(conventions) typically book shows at least 24 months in advance. A large group
attempting to book during a date pattern conflicting with a Grandfathered First Priority
show, even if they contract for more hotel rooms on peak, would not be able to book in
the Convention Center unless the Grandfathered First Priority agrees to move their
dates. There have been examples in the past where Grandfathered First Priority shows
have accommodated the destinations desire to book another show during their dates,
but there are also examples where the destination has lost conventions as a result of
this policy.
The Administration believes that peak room nights should be the overarching
requirement used to determine whether an event receives First Priority designation.
Additionally, the Booking Policy also allows for the rooms night verification to be used as
a method of confirming peak room nights generated as a result of the event. The City
979
City Commission Meeting
Convention Center Booking Policy
September 2,2015
Page 3 of 4
has a prescribed verification process that is used which allows an independent third
party accounting/auditing firm licensed in the State of Florida to be used to verify the
peak room nights. Audited reports will be submitted to the City along with the statement
from the auditor indicating their validation of the method of data collection, the accuracy
of the data as determined by their testing of the data, and their agreement with the
conclusions of room night consumption as presented by the client.
The Administration worked with Spectra (formerly Global Spectrum), the GMCVB and
Strategic Advisory Group to prepare revisions to the Booking Policy that prioritizes room
night generating business. A draft of these changes is attached at Exhibit "1". The
following highlights the changes being recommended:
o Addition of a second and third priority booking category. Addition of a Marquee Events category, which upon the written recommendation
of the City Manager and a 5/7ths vote of the City Commission, grant First Priority
status to unique, high profile events that the City determines will bring significant
benefit to the City and/or Miami-Dade County in terms of overall economic
impact.. Requirement of an executed License Agreement with the Convention Center to
be considered a confirmed bookingo Reduction of move-in and move-out days required for an event
The Finance Committee discussed the Convention Center Booking Policy at several
meetings and ultimately recommended approval of the revisions to the Convention
Center Booking Policy at the April 8, 2015 meeting, with a provision that final review is
done by City Attorney's Office. The Committee also requested an agreement between
the city and the Boat show be finalized before the item goes to commission.
Staff worked with the City Attorney to finalize the Booking Policy and also presented the
final version to the CCAB. The CCAB unanimously recommended in favor of the
revisions. Finally, the City, Spectra (formerly Global Spectrum) and National Marine
Manufacturers Association (Miami lnternational Boat Show) executed a Termination and
Release Agreement, which terminated the License Agreement with the Miami
lnternational Boat Show for 2016 and gave them a Right of First Refusal for 2018 and
2019.
CONCLUS!ON
The Administration recommends the Mayor and City Commission approve the Amended
and Restated Convention Center Booking Policy.
JLM/KGB/MAS
980
City Commission Meeting
Convention Center Booking Policy
September 2,2015
Page 4 of 4
T:\AGENDAV0l S\September\TCED\Booking Policy City Commission Memo.docx
981
RESOLUTION TO BE SUBMITTED
982
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Of Miami Beach, Florida, Pursuant To Section 82-37(AX2) Of The
City Code, Setting A Public Hearing To Consider Approving, On Second Reading, The Transfer, Via An Air Rights Easement
Agreement, To Betsy Ross Owner, LLC, The Property ldentified ln Exhibit "A," For The Construction Of Bridge Over The Ocean
Court Alley Between The Carlton And The Betsy Hotels; Containing Approximately 181 .66 Square Feet ln Total Area; Further
Waiving, By 5/7ths Vote, The Competitive Bidding Requirements Of Section 82-39(8) Of The City Code, Finding That The Public
lnterest Would Be Served By Waiving Such Condition; Directing The ltem Be Sent To The Next Finance And Citywide Projects
Committee Meeting With A Copy Of The Updated Appraisal; And Directing The City's Planning Department To Prepare A
Planni Pursuant To Section 82-38 Of The City Code.
nla
Item Summarv/Recommendation :
Betsy Ross South Beach Hotel located at1440 Ocean Drive (the Betsy Hotel), and the Carlton South Beach Hotellocated at 1433
Collins Avenue (the Carlton Hotel), are owned by BETSY ROSS OWNER, LLC, a Delaware limited liability company authorized to
do business in the state of Florida (Betsy Ross).
The Betsy Hotel and the Carlton Hotel are separated by a City public rightof-way known as Ocean Court, an alley that runs south
to north parallel to Ocean Drive. The right-of way of Ocean Court located between the Betsy Hotel and the Carlton Hotel was
dedicatedbyplattotheCityasapublicrightofway. ThisdedicationalsoincludestheairrightsovertheOceanCourtright-of-way
(the air rights over the Ocean Court right-of-way are referred to hereinafter as the "Easement Area").
The City's Historic Preservation Board (HPB), pursuant to HPB Order and Supplemental Order No. 7414 approved the installation
by the Betsy Ross of an elevated pedestrian bridge, which varies in length from 20 feet 10-718 inches to 20 feet 11-114 inches, has
a structural width of 8 feel4-314 inches with a decorative cover that has a width of 30 feet 9-3/8 inches, and located a minimum of
19 feet above the surface of the Ocean Court right of way (that is, within the Easement Area), for the purpose of connecting the
third floor levels of the Betsy Hotel and Carlton Hotel (the Pedestrian Bridge).
The Pedestrian Bridge is intended not to impede vehicular access through Ocean Court, up to the height of 19 feet above the
surface of Ocean Court. The City desires to grant an easement to Grantee for the sole purpose of ingress, egress, transport,
installation, maintenance, and repair across, over and through the Easement Area, as may be required by Betsy Ross in
connection with its operation and use of the proposed Pedestrian Bridge.
Under the air rights easement, the Betsy Ross shall bear any and all costs of installation, maintenance, utilities, replacements,
repairs, taxes, insurance and any and all other costs and expenses, including any necessary relocation or undergrounding of
existing utilities in conflict with the Pedestrian Bridge, involved in its installation, operation and use of the Pedestrian Bridge (the
Operating Costs).
Pursuant to Sections 82-37, the sale or transfer of City property, including any interest in City property, as with an air rights
easement, is to be referred by the City Manager to the Finance and Citywide Projects Committee. Pursuant to Section 82-38, of
the City Code, the Planning Department is to prepare a written planning analysis, to be submitted to the City Commission
concurrent with its consideration of the proposed conveyance. Although the City's procedures for the lease of sale or sale of
public property also require an advertised public bidding process and an independent appraisal, these requirements may be
waived by 517'n vote. The City has obtained an updated appraisal for the air rights easement area.
The City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, as
permitted pursuant to 82-39(b) finding that the public interest is served by waiving such condition, as the Betsy Ross is the only
entity interested in and could use the air rights easement between the Betsy Hotel and the Carlton Hotel.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information :
Source of
Funds:
OBPI
Financial lm
Eric Carpenter, Public Works X6012
*MIAMIBTACH
Agenda ttem R-lT-
oate -{-Z:TS-
983
C MIAMIBEACH
City of Miqmi Beqch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Mem
FROM: Jimmy Morales, City
DATE: September 2,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM!
BEACH, FLORIDA, PURSUANT TO SECTTON 82-37( l(2) OF THE ClrY CODE,
SETTING A PUBLIC HEARING TO CONSIDER APPROVING, ON SECOND
READING,THE TRANSFER, VIA AN AlR RIGHTS EASEMENT AGREEMENT, TO BETSY
ROSS OWNER, LLC, THE PROPERTY IDENTIFIED IN EXHIBIT "A," FOR THE
CONSTRUCTION OF BRIDGE OVER THE OCEAN GOURT ALLEY BETWEEN THE
CARLTON AND THE BETSY HOTELS; CONTAINING APPROXIMATELY 181.66
SQUARE FEET IN TOTAL AREA; FURTHER WAIVING, BY 5/7THS VOTE, THE
coMpETtTtvE BtDDTNG REQUTREMENTS OF SECTTON 82-39(8) OF THE CITY CODE,
FINDING THAT THE PUBLIG INTEREST WOULD BE SERVED BY WAIVING SUCH
CONDITION; DIRECTING THE ITEM BE SENT TO THE NEXT FINANCE AND CITYWIDE
PROJECTS COMMITTEE MEETING WITH A COPY OF THE UPDATED APPRAISAL;
AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE A PLANNING
ANALYSIS PURSUANT TO SECTION 82.38 OF THE CITY CODE.
Betsy Ross South Beach Hotel located at 1440 Ocean Drive (the Betsy Hotel), and the Carlton
South Beach Hotel located at 1433 CollinsAvenue (the Carlton Hotel), are owned by BETSY ROSS
OWNER, LLC, a Delaware limited liability company authorized to do business in the state of Florida
(Betsy Ross).
The Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way known as Ocean
Court, an alley that runs south to north parallel to Ocean Drive. The right-of way of Ocean Court
located between the Betsy Hotel and the Carlton Hotel was dedicated by plat to the City as a public
right of way. This dedication also includes the air rights over the Ocean Court right-of-way (the air
rights over the Ocean Court right-of-way are referred to hereinafter as the "Easement Area").
The City's Historic Preservation Board (HPB), pursuant to HPB Order and Supplemental Order No.
7414 approved the installation by the Betsy Ross of an elevated pedestrian bridge, which varies in
length from 20 feet 10-718 inches to 20 feet 11-l14inches, has a structural width of 8 feet 4-314
inches with a decorative cover that has a width of 30 feet 9-3/8 inches, and located a minimum of 19
feet above the surface of the Ocean Court right of way (that is, within the Easement Area), for the
purpose of connecting the third floor levels of the Betsy Hotel and Carlton Hotel (the Pedestrian
Bridge).
984
City Commission Memorandum - The Betsy Air Rights
September 2, 201 5
Page 2 of 2
The Pedestrian Bridge is intended not to impede vehicular access through Ocean Court, up to the
height of 19 feet above the surface of Ocean Court. The City desires to grant an easement to
Grantee for the sole purpose of ingress, egress, transport, installation, maintenance, and repair
across, over and through the EasementArea, as may be required by Betsy Ross in connection with
its operation and use of the proposed Pedestrian Bridge.
Under the air rights easement, the Betsy Ross shall bear any and all costs of installation,
maintenance, utilities, replacements, repairs, taxes, insurance and any and all other costs and
expenses, including any necessary relocation or undergrounding of existing utilities in conflict with
the Pedestrian Bridge, involved in its installation, operation and use of the Pedestrian Bridge (the
Operating Costs).
Pursuant to Sections 82-37, the sale or transfer of City property, including any interest in City
property, as with an air rights easement, is to be referred by the City Manager to the Finance and
Citywide Projects Committee.
Pursuant to Section 82-38, of the City Code, the Planning Department is to prepare a written
planning analysis, to be submitted to the City Commission concurrent with its consideration of the
proposed conveyance.
Although the City's procedures for the lease of sale or sale of public property also require an
advertised public bidding process and an independent appraisal, these requirements may bewaived
by 5/7th vote. The City has obtained an updated appraisal for the air rights easement area.
CONCLUSION
The City Administration recommends that the Mayor and City Commission waive the competitive
bidding requirement, as permitted pursuant to 82-39(b) finding that the public interest is served by
waiving such condition, as the Betsy Ross is the only entity interested in and could use the air rights
easement between the Betsy Hotel and the Carlton Hotel
JMtMvffiJJFIBAM/EB
T:\AGENDA\201 s\September\PuBLIC WORKS\The Betsy air rights. Memo.doc
985
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDA, PURSUANT TO SECTTON 82-37(Al(2) OF THE
CITY CODE, SETTING A PUBLIC HEARING TO CONSIDER APPROVING, ON
SECOND READING,THE TRANSFER, VIA AN AIR RIGHTS EASEMENT
AGREEMENT, TO BETSY ROSS OWNER, LLC, THE PROPERTY IDENTIFIED
IN EXHIBIT "A,'' FOR THE CONSTRUCTION OF BRIDGE OVER THE OGEAN
COURT ALLEY BETWEEN THE CARLTON AND THE BETSY HOTELS;
CONTAINING APPROXIMATELY 181.66 SQUARE FEET IN TOTAL AREA;
FURTHER WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING
REQUTREMENTS OF SECTTON 82-39(8) OF THE CITY CODE, FINDTNG THAT
THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH
CONDITION; DIREGTING THE ITEM BE SENT TO THE NEXT FINANGE AND
CITYWIDE PROJECTS COMMITTEE MEETING WITH A GOPY OF THE
UPDATED APPRAISAL; AND DIRECTING THE CITY,S PLANN!NG
DEPARTMENT TO PREPARE A PLANNING ANALYSIS PURSUANT TO
SECTION 82.38 OF THE CITY CODE.
WHEREAS, Betsy Ross South Beach Hotel located at 1440 Ocean Drive (hereinafter
the "Betsy Hotel"), and the Carlton South Beach Hotel located at 1433 Collins Avenue
(hereinafter the "Carlton Hotel"), are owned by BETSY ROSS OWNER, LLC, a Delaware limited
liability company authorized to do business in the state of Florida (hereinafter "Betsy Ross");
and
WHEREAS, the Betsy Hotel and the Carlton Hotel are separated by a City public right-
of-way known as Ocean Court, an alley that runs south to north parallel to Ocean Drive; and
WHEREAS, the right-of way of Ocean Court located between the Betsy Hotel and the
Carlton Hotel as legally described in Exhibit "A" attached hereto and made a part hereof, was
dedicated by plat to the City as a public right of way; this dedication also includes the air rights
over the Ocean Court right-of-way (the air rights over the Ocean Court right-of-way are referred
to hereinafter as the "Easement Area"), and
WHEREAS, the City's Historic Preservation Board ('HPB'), pursuant to HPB Order and
Supplemental Order No. 7414 approved the installation by the Betsy Ross of an elevated
pedestrian bridge, which varies in length from 20 feet 10-718 inches to 20 feet 11-114 inches,
has a structural width of 8 feet 4-314 inches with a decorative cover that has a width of 30 feet 9-
3/8 inches, and located a minimum of 19 feet above the surface of the Ocean Court right of way
(that is, within the Easement Area), for the purpose of connecting the third floor levels of the
Betsy Hotel and Carlton Hotel (the "Pedestrian Bridge"); and
WHEREAS, the Pedestrian Bridge is intended not to impede vehicular access through
Ocean Court, up to the height of 19 feet above the surface of Ocean Court; and
WHEREAS, the City desires to grant an easement to Grantee for the sole purpose of
ingress, egress, transport, installation, maintenance, and repair across, over and through the
Easement Area, as may be required by Betsy Ross in connection with its operation and use of
the proposed Pedestrian Bridge; and
986
WHEREAS, under the air rights easement, the Betsy Ross shall bear any and all costs
of installation, maintenance, utilities, replacements, repairs, taxes, insurance and any and all
other costs and expenses, including any necessary relocation or undergrounding of existing
utilities in conflict with the Pedestrian Bridge, involved in its installation, operation and use of the
Pedestrian Bridge (the "Operating Costs"); and
WHEREAS, pursuant to Sections 82-37, the sale or transfer of City property, including
any interest in City property, as with an air rights easement, is to be referred by the City
Manager to the Finance and Citywide Projects Committee; and
WHEREAS, pursuant to Section 82-38, of the City Code, the Planning Department is to
prepare a written planning analysis, to be submitted to the City Commission concurrent with its
consideration of the proposed conveyance; and
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process and an independent appraisal, these
requirements may be waived by 5l7th vote; and
WHEREAS, the City has obtained an updated appraisal for the air rights easement area;
and
WHEREAS, the City Administration recommends that the Mayor and City Commission
waive the competitive bidding requirement, as permitted pursuant to 82-39(b) finding that the
public interest is served by waiving such condition, as the Betsy Ross is the only entity
interested in and could use the air rights easement between the Betsy Hotel and the Carlton
Hotel; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to Section 82-37(a)(2) of the City
Code, setting a public hearing to consider approving, on second reading, the transfer, via an
air rights easement agreement, to Betsy Ross Owner, LLC, the property identified in Exhibit
"A," for the construction of bridge over the Ocean Court alley between the Carlton and the
Betsy Hotels; containing approximately 181.66 square feet in total area; further waiving, by
5/7ths vote, the competitive bidding requirements of Section 82-39(b) of the City Code, finding
that the public interest would be served by waiving such condition; directing the item be sent
to the next finance and citywide projects committee meeting with a copy of the updated
appraisal; and directing the city's planning department to prepare a planning analysis
pursuant to Section 82-38 of the City Code.
PASSED and ADOPTED this _day of September, 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Glerk
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUnorrt
t'r5- t,
Uulu
T:\AGENDA\201S\SeptembeAPuBL|C WORKS\Resolution on betsy Air Rights Agreement fir{t r
987
THIS PAGE INTENTIONALLY LEFT BLANK
988
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The
Washington Avenue Storm Water Pipe Replacement Project, From 20th Street To Collins Avenue (Project),
Having An Estimated Construction Cost Of $2,500,000, Plus A $250,000 Project Contingency, ForA Grand Total
Of $2,750,000 And Further Authorizing The City Manager To Procure The Project Construction Services Utilizing
The Competitively Bid National Joint Powers Alliance (NJPA) Cooperative Contract For Construction Services
With The Gordian
Build and maintain priority infrastructure with full accountability. Streamline the delivery of services through all
Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation:
As authorized by Florida Statutes, the Finance and City-Wide Projects Committee endorsed a recommendation by
the Administration to utilize the indefinite quantity contract (lQC) for construction services to expedite the delivery
of construction projects under $250,000 or for emergency projects as approved by the City Manager. The
Committee's endorsement of the IQC process for small and emergency projects was approved by the City
Commission on April 23, 2014. The IQC process is similar to the previously used process by the City but with
tighter controls, including a limit on design, additional competition on certain items and a small project threshold
that limits exposure.
The IQC process is used extensively by the local, state and federal governmental agencies throughout the United
States to expedite the delivery of construction projects. The City, as a governmental agency member, is
authorized to utilize the IQC contract for construction services competitively awarded by the National Joint Powers
Alliance (NJPA)to the Gordian Group.
The proposed construction project replaces the existing storm drainage system at the north end of Washington
Avenue near the Convention Center to Collins Canal. The existing storm drain system north of the Convention
Center will be abandoned and removed during the construction of the Ballroom. The project incorporates large
diameter storm drain pipes with an approximately 50 square foot cross sectional area which will connect to a large
future storm water pump station in the vicinity of the Washington Avenue Bridge over Collins Canal. The work will
be open cut in Washington Avenue and is expected to be completed before December 1't or suspended during
the first two weeks of December and completed in January. The duration of the construction will take
approximately six (3) months to complete.
The storm water drainage improvements includes installing approximately 425 linear feet of 10 foot x 6 foot box
culvert pipe, 21 0 linear feet of 6 foot x 5 foot box culvert pipe, and five structures with manholes; traffic control and
all ancillary and miscellaneous work. ln order to expedite the project, the Public Works Department contacted the
Procurement Office to request the use of the NJPA cooperative contractor procurement process to build the
project.
The contractor submitted for review a proposal to complete the work. lt is the City Engineer's opinion of probable
construction cost and the NJPA Project Manager Review of the proposal submitted by DMSI, lnc. that the final
amount of $2,500,000 has been considered reasonable for the scope of work that is included. DMSI, lnc. has a
record of completing projects on time and on budget.
This project surpassed the $250,000 threshold limit approved by the City Commission for projects through the
NJPA IQC contract award. Accordingly, in orderto move forward with the completion of this project, Commission
approval is required to exceed the $250,000 project threshold limit which includes $250,000 for project
contingency, for a project total not to exceed $2,750,000. The project supports the KIO of maintaining the City's
infrastructure.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial lnformation:
Source of
l'11";, o Amount Account
1 2,750,000 365-2327-069357
Total 2,750,000
Financial lmpact Summary:
T:\iAGENDAU01s\SeptembeAPUBLlC WORKSlAgenda NJPA\Washington Avenue Drainage lmprovement
CD A^I,A.^^IBFACH
Agenda ltem R-] \A
Date 9-2.1f989
g MIAMIBTACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
suBrECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE WASHINGTON AVENUE STORM
WATER PIPE REPLACEMENT PROJECT, FROM 2OTH STREET TO COLLINS
AVENUE (PROJECT), HAVING AN ESTIMATED CONSTRUCTION COST OF
$2,500,000, PLUS A $250,000 PROJECT GONTINGENCY, FOR A GRAND TOTAL
OF $2,750,000 AND FURTHER AUTHORIZING THE CITY MANAGER TO
PROCURE THE PROJECT CONSTRUCTION SERVIGES UTILIZING THE
coMPETTTTVELY BrD NATTONAL JOINT POWERS ALLIANCE (NJPA)
COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE
GORDIAN GROUP.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
$2,750.000 365-2327-069357
$2,750,000 ToTAL
BACKGROUND
As authorized by Florida Statutes, the Finance and City-Wide Projects Committee endorsed a
recommendation by the Administration to utilize the indefinite quantity contract (lQC) for
construction services to expedite the delivery of construction projects under $250,000 or for
emergency projects as approved by the City Manager. The Committee's endorsement of the
IQC process for small and emergency projects was approved by the City Commission on April
23,2014. The IQC process is similar to the previously used process by the City but with tighter
controls, including a limit on design, additional competition on certain items and a small project
threshold that limits exposure.
The IQC process is used extensively by the local, state and federal governmental agencies
throughout the United States to expedite the delivery of construction projects. The City, as a
governmental agency member, is authorized to utilize the IQC contract for construction services
competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group.
The proposed construction project replaces the existing storm drainage system at the north end
of Washington Avenue near the Convention Center to Collins Canal. The existing storm drain
system north of the Convention Center will be abandoned and removed during the construction
City
990
Commission Memorandum -Washington Avenue Storm Water Pipe Replacement NJPA
Page 2 of 2
of the Ballroom. The project incorporates large diameter storm drain pipes with an
approximately 50 square foot cross sectional area which will connect to a large future storm
water pump station in the vicinity of the Washington Avenue Bridge over Collins Canal. The
work will be open cut in Washington Avenue and is expected to be completed before December
1tt or suspended during the first two weeks of December and completed in January. The
duration of the construction will take approximately six (3) months to complete.
The storm water drainage improvements includes installing approximalely 425linear feet of 10
foot x 6 foot box culvert pipe, 210 linear feet of 6 foot x 5 foot box culvert pipe, and five
structures with manholes; traffic control and all ancillary and miscellaneous work. ln order to
expedite the project, the Public Works Department contacted the Procurement Office to request
the use of the NJPA cooperative contractor procurement process to build the project.
The contractor submitted for review a proposal to complete the work. lt is the City Engineer's
opinion of probable construction cost and the NJPA Project Manager Review of the proposal
submitted by DMSI, lnc. that the final amount of $2,500,000 has been considered reasonable
for the scope of work that is included. DMSI, lnc. has a record of completing projects on time
and on budget.
This project surpassed the $250,000 threshold limit approved by the City Commission for
projects through the NJPA IQC contract award. Accordingly, in order to move fonrvard with the
completion of this project, Commission approval is required to exceed the $250,000 project
threshold limit which includes $250,000 for project contingency, for a project total not to exceed
$2,750,000. The project supports the KIO of maintaining the City's infrastructure.
CONCLUSION
The Administration recommends approving the Resolution authorizing the City Manager to
approve the Washington Avenue storm water pipe replacement project utilizing the NJPA IQC
method and approve the project as proposed by DMSI, lnc.
JLM/Mri{re HlFtg#lR
T:\AGENDA\201S\September\PUBLIC WORKS\Washington Avenue Drainage lmprovement NJPA - Memo rev.docx
991
RESOLUTION TO BE SUBMITTED
992
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
993
r-C..-.
fr-l-
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City,Commission
From: RafaelGranado, City Clerk
-)//
/ <)tDate: September 2,2015 I - I
Subject: BOARDS AND COMMITTEES
ADMIN ISTRATION RECOMMENDATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments.
BOARD OR COMMITTEE:
Affordable Housing Advisory Committee
TOTAL MBRS. APPOINTED BY:
18 City Commission
TOTAL VAC Page #
51
Budget Advisory Committee City Commission
Committee for Quality Education in Miami
Beach
City Commission
Commissioner M icky Steinberg
8
B
Design Review Board City Manager Jimmy L. Morales t2
Health Advisory Committee t2 City Commission
Housing Authority Mayor Philip Levine 19
LGBT Advisory Committee 2015Commissioner Deede Weithorn
Marine and Watefront Protection Authority t4 Commissioner Ed Tobin
Mayor Philip Levine
1
1
2t
2l
Miami Beach Commission For Women 27 Commissioner Ed Tobin 25
Miami Beach CulturalArts Council 11 City Commission
Miami Beach Human Rights Committee ZB11Mayor Philip Levine
32Park and Recreational Facilities Board 13 City Commission
Agenda ltem R7ADate-VZIT994
Police/Citizens Relations Committee 1
1
1
1
15 Mayor Philip Levine
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
36
36
36
36
Visitor and Convention Authority City Commission 42
995
VACANCY REPORT
Affordable Housing Advisory Committee
Budget Advisory Com mittee
Committee for Quality Education in Miami Beach
Health Advisory Committee
Miami Beach CulturalArts Council
Parks and Recreational Facilities Board
Visitor and Convention Authority
6
1
2
2
1
1
1
18
I
9
12
11
13
7
Design Review Board
LGBT Advisory Committee
Marine and Waterfront Protection Authority
Miami Beach Commission For Women
Police/Citizens Relations Committee
1
2
1
14
21
15
Police/Citizens Relations Committee
Police/Citizens Relations Committee
Committee for Quality Education in Miami Beach
Housing Authority
Marine and Waterfront Protection Authority
Miami Beach Human Rights Committee
Police/Citizens Relations Committee
1
1
1
1
5
14
11
15
Monday, August 24, 2015
996
r.-,--
Boards and Committees Current Members
Affordable Housing Advisory Committee Sec.2-167
Composition:
The Committee shall consist of eighteen (18) voting members with two-year terms.
Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and
each Commissioner.
The direct appointee shall either be:
(i) a resident of a locally designated community development target area for a minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business established in a locally designated
community development target area for a minimum of six months.
The remaining eleven (11) members shall be appointed at-large by a majority vote of the Mayor and City Commission, as follows:
One citizen:
1. One citizen actively engaged in the residential home building industry in connection with affordable housing;
2. One citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing;
3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable
housing;
4. One citizen actively engaged as an advocate for low-income persons in connection with affordable housing;
5. One citizen actively engaged as a for-profit provider of affordable housing;
6. One citizen actively engaged as a not-for-profit provider of affordable housing;
7. One citizen actively engaged as a real estate professional in connection with affordable housing;
8. One citizen who actively serves on the local planning agency pursuant to Florida Statute S163.3174 (Planning Board
member);
9. One citizen who resides within the jurisdiction of the local governing body making the appointments;
10. One citizen who represents employers within the jurisdiction;
11. One citizen who represents essential services personnel, as defined in the local housing assistance plan.
lf the City, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without
regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
Vacant
To replace Stephanie Berman
To replace Jeremy Glazer
To replace Frank Kruszewski
To replace Robert Saland
To replace David Smith
Members:
(1 1 ) Represents Essential
Services Personnel
(6) Not for Profit
(4) Low-lncome Advocate
(8) Actively Serves on Local
Planning Agency
(1) Residential Home Building
(3) Represents Areas of Labor
ln Connection with Affordable
Housing
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2015 12t31t2020
First Name Last Name Position/TiUe:Term Ends:Appointed by:Tenn Limit:
Alexander Orlofsky
Allison Stone
David Smith
Jane
(5) For Profit Provider
(2) Actively Engaged in
Banking/Mortgage lndustry
Commissioner M icky Steinberg
City Commission
City Commission
Commissioner Jonah M.
Wolfson
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2021
12t31t2020
12t31t2020
12t31t2021
1 of42
Hayes
Monday, August24,2015
997
r.-,.-,---
Boards and Committees Current Members
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Karen
Keren
Laurence
Mayela
Michael
Michael
Seth
Suzanne
Fryd
Bajaroff
Herrup TL
Mueller
Feldman
Bernstein
Feuer
Hollander
(1 0) Represents Employers
With Jurisdiction
(9) Resides with Jurisdiction of
LocalGoverning Body
(7) Real Estate Professional
1213112015 CommissionerJoyMalakoff
1213112016 Commissioner Ed Tobin
1213112015 CityCommission
1213112016 Mayor Philip Levine
1213112016 CityCommission
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CityCommission
12t31t2021
12t31t2022
12t31t2015
12t31t202',1
12t31t2022
12t31t2021
12t31t2021
12t31t2019
Applicants
Barbara Gotlinsky
Dale Gratz
Eric Lawrence
Howard Weiss
Joseph Landesman
Juan Rojas
Prakash Kumar
Stephen Bernstein
Applicants
Britta Hanson
Dr. Barry Ragone
Guy Simani
Jordan Nadel
Josephine Pampanas
Lawrence Raab
Stephanie Berman
Monday, August24,2015 2of42998
r--..-,---
Boards and Committees Current Members
Art in Public PIaces Committee Sec.82-561
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of
competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and
other appropriate art media for display or integration in public places.
City Liaison: Dennis Leyva
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Cathy
Chana
Janda
Megan
Ombretta
Patricia
Susan
Byrd
Sheldon
Wetherington
Riley
Agro Andruff
Frost
Caraballo
1213112016 CityCommission
1213'112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
12t31t2019
12t3112019
12t31t2016
12t31t2016
12t31t2019
12t3112019
12t31t2018
Applicants
Adrian Gonzalez
Alexander Orlofsky
Calvin Kohli
Cindy Brown
Elizabeth Schwartz
Francinelee Hand
Keren Bajaroff
Leslie Tobin
Michael McManus
Mirta Limonta
Scott Robins
Vanessa Menkes
Applicants
Adrienne Krieger
Allee Newhoff
Carolyn Baumel
Dale Stine
Eric Montes de Oca
Francis Trullenque
Laura Levey
Marjorie O'Neill-Buttler
Michelle Ricci
Monica Matteo-Salinas
Susan Schemer
Veronica Camacho
Monday, August 24, 2015 3of42999
-.-,.-.---
Boards and Committees Current Members
Beachfront Management Plan Ad-Hoc Advisory Group Florida Statute 5259.032(1 0)
Composition:
The City of Miami Beach leases the property eastward of the erosion control line (ECL) from the State of Ftorida. This lease
agreement requires the City to submit an updated land management plan every 10 years for the State's approval. The City's
land management plan, also known as the City's Beachfront Management Plan, must outline the property's uses,
management activities, and planned projects.
ln accordance with Section 259.032(10) of the Florida Statutes, the City must create an advisory group of community
stakeholders to review the updated Beachfront Management Plan and to provide comments. The advisory group shall include
representatives of:the lead land managing agency, the co-managing entities, local private property owners, the appropriate soil
and water conservation district, a local conservation organization, and a local elected official.
The terms of the Beachfront Management Plan Ad-Hoc Advisory Group, pursuant to Resolution 2015-29009, shall commence
June 1, 2015 and expire on June 1, 2016. At the April 15, 2015 City Commission meeting, the City Commission appointed
Commissioner Michael Grieco as the local elected official to the ad-hoc advisory group. The other members of the ad-hoc
advisory group shall be as follows:
Representing the lead managing agency: 1)The City's Tourism, Cultural, and Economic Development Department Director, or
his designee; 2) The City's Environment and Sustainability Division head, or her designee; 3) The City's Ocean Rescue Division
Chief, or his designee.
Representing Miami-Dade County, a co-managing agency: 1) An appointee of the County's Beach Operations program; and 2)
An appointee of the County's Beach Re-nourishment program.
Representing the State of Florida, a co-managing agency: 1) An appointee of the Florida Department of Environmental
Protection's Coastal Construction Control Line Program.
Representing local private property owners: 1) A member of the Sustainability Committee; 2) The Chairman of the Marine
Authority and Waterfront Protection Committee; and 3) An appointee of the Boucher Brothers.
Representing the appropriate soil and water conservation district: 1) An appointee of the South Dade Soil and Water
Conservation District.
Representing a local conservation organization: 1) Urban Conservation Director at The Nature Conservancy.
City Liaison: Elizabeth Wheaton
Members:
First Name Last Name Position/Tifle:Term Ends:Appointed by:Term Limit:
Greg Guannel
Spadafina
Ripple
Wheaton
Lambright
Canosa
Boucher
Kipnis
Lisa
John
Elizabeth
Christian
Vincent
Steve
Daniel
The Nature Conservancy
Urban Conservation Director
Miami-Dade County's Beach
Renourishment Program
Miami-Dade County's Beach
Operations Program
Environment & Sustainability
Division Head or designee
FLA Dept./Environmental
Protection's Coastal
Construction Control Line
Ocean Rescue Division Chief
Boucher Brothers appointee
Marine Authority & Waterfront
Protection Committee
Chairman
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06t0112016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
Monday, August 24, 2015 4of421000
r.-..-.---
Boards and Committees Current Members
First Name Last Name Position/Title: Term Ends: Appointed by: Term Limit:
Max Sklar Tourism, Culture & Economic 06/01/2016 06/01/2016
Development Director
Michael Grieco LocalElected Official
Steve Vincenti Sustainability Committee 06/01/2016 06/01/2016
Member
Monday, August24,2015 5of421001
r.-..-,
I--
Boards and Committees Current Members
Board of Adjustment RSA l-2 Sec 118-131
Composition:
Two (2) year term.
Appointed by a 5/7th vote.
Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from
each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate
Development, Certified Public Accountant, Financial Consultation, and General Business. The m-embers representing the
professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member
representing general business shall be of responsible standing in the community; the member representing the field of financial
consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered
Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as
having similar credentials and duly licensed by the State of Florida.
Members shall be appointed for a term of two years by a 5/7th vote of the City Commission. Members of the Board of
Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this
amendment shall not affect the term of existing members of the Board of Adjustment.
City Liaison: Michael Belush
Members:
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Barton
Bryan
Heidi
Larry
Noah
Richard
Goldberg
Rosenfeld TL
Tandy
Colin
Fox
Baron
Financial Advisor
CPA
At-Large
Genereal Business
Real Estate Developer
At-Large
Law
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2019
12t31t20't5
12t31t2019
12t31t2019
12t31t2018
12t31t2022
12t31t2022Richard
Applicants
Aaron Davis
Bradley Colmer
David Wieder
Frank DelVecchio
lan Bacheikov
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Mendy Lieberman
Nelson Fox
Ray Breslin
Seth Frohlich
Applicants
Andres Asion
Brian Ehrlich
Deborah Castillo
GabrielPaez
lan Bacheikov
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Muayad Abbas
Ray Breslin
Roberta Gould
Victor Ballestas
Monday, August 24, 2015 6of421002
Boards and Committees Current Members
Budget Advisory Committee Sec.2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations
listing current information about which applicants have actually been nominated. The "Agenda - Agenda Archives" website is
located at http://miamibeachfl.gov/cityclerUscroll.aspx?id=72497
Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the
CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda - Agenda Archives" link; thereafter
choose the first listed Commission meeting, and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
Vacancy:
To replace Marc Gidney
Members:
CPA 1213112016 CityCommission
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Brian
David
Dushan
Jack
John
Jonathan
Julio
Ronald
Hanis
Lancz
Koller TL
Benveniste TL
Gardiner
Fryd
Magrisso
Starkman
Financial Advisor 1213112016 CityCommission
1213112016 CommissionerDeedeWeithorn
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
1213112016 CommissionerMickySteinberg
12t31t2019
12t31t2018
12t31t2015
12t31t2015
12t31t2016
12t31t2021
12t31t2021
12t31t2021
Applicants
Brett Harris
CarlLinder
Elliott Richard Alhadeff
Guy Simani
John Bowes
Michael Levine
Noah Fox
Regina Suarez
Stephen Zack
Applicants
Bryan Rosenfeld
Dwight Kraai
Gia Kastelic
Jason Witrock
Mario Coryell
Mirta Limonta
Rachel Schuster
Robert Schwartz
Monday, August 24, 2015 7of421003
-.-,.-.---
Boards and Committees Current Members
Committee for Quality Education in Miami Beach Sec.2-190.134
Composition:
The Committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher Association:
North Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-8 Center,
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad K-8 Center,
Treasure lsland Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct
appointments by the Mayor and City Commissioners with no more than three who can be employed or contracted by Miami-Dade
County public schools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons, who shall report to the City
Commission actions of the Committee for Quality Education. The City Manager shall further designate a member of City staflto
serve as a liaison who shall report the Committee's actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Vacant
Vacant
To replace Beverly Heller
Members:
City Commission Designee 1213112016 City Commission
City Commission Designee 1213112016 City Commission
1213112015 CommissionerMickySteinberg
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Betsy Mateu
Judith Berson-
Levinson
Karen Rivo TL
Marina Aviles
Richard Hull
Tiffany Heckler
Beth Edwards PTA Representative-Nautitus 06/30/2016
Middle School06.30.15
Beverly Heller PTA Rep. -North Beach 06/30/2016
Elementary School 06.30. 1 5
Elisa Leone PTA Rep. - Biscayne 06/30/2016
Elementary 06.30.14
lvette Birba PTA Rep.-Feinberg Fisher K-8 06/30/2016
06.30.15
Jessica Burns PTA Rep. South Pointe 06/30/2016
Elementary 6.30.15
Jordan Leonard PTA Rep. - Ruth K. Broad K-8 06/30/2016
06.30.15
Kayla Rynor PTA Rep.- Miami Beach Sr. 06/30/2016
High School06.30.15
Tuesday, August 25, 2015
1213112016 Mayor Philip Levine 12131t2021
1213112016 Commissioner Joy Malakoff 1213112021
1213112015 CommissionerDeedeWeithorn 12131t2015
1213112016 CommissionerMichaelGrieco 1213112022
1213112016 Commissioner Ed Tobin 12t3112022
1213112015 Commissioner Jonah M. 12t31t2018
Wolfson
8of421004
r.-..-.r--
Boards and Committees Current Members
First Name Last Name Position/Title: Term Ends: Appointed by: Term Limit:
Rosa Neely PTA Rep. -Treasure lsland 06/30/2016
Elementary 06.30.14
Dr. Leslie Rosenfeld ACM/City Manager designee
Applicants
Elsa Orlandini
Hicham Moujahid
lvan Montes
John Aleman
Kristen Rosen Gonzalez
Lynette Long
Applicants
Eric Montes de Oca
lvan Montes
Joanna-Rose Kravitz
Keren Bajaroff
Laurie Kaye Davis
Tashaunda Washington
Tuesday, August 25, 201 5 9of421005
-.-. -.
Boards and Committees Current Members
Committee on the Homeless Sec.2-161
Composition:
The Committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one
(1 ).
Each member of the Committee shall be selected from membership in an organization such as, but not limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Befter Way,
Miami-Dade County Homeless Trust;
Civic Representation: North Beach (North Beach Development Corporation), 41st Street (Middle Beach Partnership), Lincoln
Road(Marketing Council), Washington Avenue (Miami Beach Development Corporation and/or Washington Avenue Task Force),
Ocean Drive (Ocean Drive lmprovement Association), Collins Avenue (Hotel Association), South Pointe (South Pointe Advisory
Board to the Redevelopment Agency); member of the general public with personal experience with homeless issues; CDBG
Project Coordinator (ESG Emergency Shelter Grant Provider), City officials, representative from the Police Department and the
City Attorney's Office as ex-officio members.
City Liaison: Alexandra Gorfinkel
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Calvin
Daniel
Debra
Freddy
Gail
Jonathan
Lior
Monica
Valerie
Kohli
Nagler
Schwartz
Funes
Harris
Kroner
Leser
Fluke
Navarrete
12t31t2016
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
Commissioner Joy Malakoff
Mayor Philip Levine
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
1213112015 Mayor Philip Levine 1213112022
1213112015 CommissionerDeedeWeithorn 1213112022
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2017
12t31t2021
Applicants
Dale Gratz
Deborah Robins
Helen Swartz
Marina Aviles
Monica Casanova
Rocio Sullivan
Stephanie Berman
Applicants
Darren Cefalu
Eda Valero-Figueira
MaguiBenitez
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
Monday, August24,2015 10 of 421006
r--..-.---
Boards and Committees Current Members
Convention Center Advisory Board Sec.246
Compositionr
The Board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non-
voting ex-officio member.
The Chairperson of the Board of Directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a
non-voting ex-officio member.
Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the City
Manager's office shall serve as non-voting ex-officio members.
City Liaison: Max Sklar
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Brian
David
Elizabeth
Joshua
Matt
Gilderman
Kahn
Resnick
Levy
Hollander
Jacqueline Hertz
Jared Galbut
Michael Goldberg
Roger Abramson
Ita Moriarty
1213112016 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
1213112015 Commissioner Jonah M.
Wolfson
'1213112015 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichael Grieco
1213112015 CommissionerJoyMalakoff
12t31t2022
12t31t2022
12t31t2020
12t31t2021
12t31t2021
12t31t2021
12t31t2016
Ex-officio, GMCVB Admin.
Rep.
Ex-officio, Chair Bd. Dir. MBCC
Ex-officio, Global Spectrum
Admin. Rep.
Applicants
Barbara Gotlinsky
CarlLinder
Howard Weiss
Jeff Cynamon
Jeff Cynamon
Keren Bajaroff
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Applicants
Carl Linder
Gayle Durham
James Weingarten
Jeff Cynamon
Karen Brown
Lawrence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
Monday, August24,2015 11 of 421007
r.-..-r------
Boards and Committees Current Members
Design Review Board
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members shall consist of:
1. Two architects registered in the United States;
2. An architect registered in the State of Florida or a member of the faculty of the school of architecture, urban planning, or urban
design in the State, with practical or academic expertise in the field of design, planning, historic preservation oi tne nistory of
architecture, or a professional practicing in the fields of architectural design, or urban planning;
3. One landscape architect registered in the State of Florida;
4' One architect registered in the United States, or a professional practicing in the fields of architectural or urban design, or urban
planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to
practice law within the United States; and
5. Two citizens at-large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an
advisory capacity with no voting authority. The Planning Director or designee, and the City Attorney or designee, shall serve in an
advisory capacity.
Residency and place of business in the county. The two (2) citizens at-large members, one of the registered landscape
architects, registered architects, professional designers and/or professional urban planners shall be residents of the iity.
City Liaison: Deborah Tackett
Ex-Officio/Disa bil ity Access
Committee
Sec. 118.71
City Manager Jimmy L.
Morales
Vacancy:
Vacant
Members:
12t31t2016
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Annabel
Carol
Deena
Elizabeth
John
Kathleen
Michael
Eve
Thomas
Delgado-
Harrington
Housen
Bell
Camargo
Turchin
Phang
Steffens
Boutsis
Mooney
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2016
12t3112020
12t31t2019
12t31t2019
12t31t2019
12t31t2020
Registered Architect
At-large
Landscape Architect
Registered Architect
At-Large
Attorney
Registered Architect
Advisory/City Attomey
Designee
Advisory/Planning Dept.
Director
Applicants
Andres Asion
Brian Ehrlich
Christina LaBuzetta
DanielHertzberg
David Kahn
Francinelee Hand
Monday, August24,2015
Applicants
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Clotilde Luce
David Smith
Deborah Castillo
Jean-Francois Lejeune
12 of 421008
r.-,
-
Boards and Committees Current Members
Jeffrey Cohen
Jessica Conn
Manuel (Mickey) Minagorri
Matthew Krieger
Nelson Fox
Ruben Conitzer
Seth Wasserman
Suzanne Hollander
Victor Morales
Jeffrey Feldman
Joseph Furst
Marina Novaes
NealDeputy
Richard Baron
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Ballestas
Monday, August 24, 2015 13 of 421009
-.-, -,------
Boards and Committees Current Members
Disability Access Committee 2006-3500 s 2-31
Composition:
The disability access committee shall be composed of 14 voting members; the mayor and each city commissioner shall make
two direct appointments. A quorum shall consist of eight members. Formal action of the board shall require at least eight votes.
Consideration shall be given, but not be limited to, the following categories:
Persons having mobility impairment;
Deaf and/or hard-of-hearing persons in the community;
Blind and/or vision-impaired persons in the community;
Mental, cognitive or developmental disabilities; and
The industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation).
The city attorney's office shall provide legal counsel.
City Liaison: Valeria Mejia
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
David
David
Elsa
Helen
Lawrence
Leif
Maria
Matthew
Oliver
Russell
Sabrina
Susan
Susana
New TL
McCauley
Orlandini
Swartz
Fuller
Bertrand
Koller
Meyer
Stern
Hartstein
Cohen
Solman
Maroder-
Rivera
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t3112016
Commissioner Deede Weithorn
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Jonah M.
Wolfson
Commissioner Ed Tobin
Commissioner Michael Grieco
Mayor Philip Levine
Commissioner Ed Tobin
Commissioner Deede Weithorn
Commissioner Micky Steinberg
't2t31t2015
12t31t2020
12t31t2021
12t31t2018
12t31t2021
12t31t2021
12t31t2022
12t31t2020
12t31t2021
12t31t2019
12t31t2017
12t31t2019
12t31t2019
12t31t2016Wendy Unger 1213112016 Mayor Philip Levine
Applicants
Allison Stone
Jarred Relling
Zachary Cohen
Applicants
Britta Hanson
RafaelTrevino
Monday, August 24, 2015 14 of 421010
r.-..-.---
Boards and Committees Current Members
Health Advisory Committee Sec.2-81 2002-3358
Composition:
Eleven (1'1) voting members appointed by the City Commission at-large upon recommendations of the City Manager:
One (1) member shall be the Chief Executive Officer (CEO's) or a designated administrator from Mount Sinai Medical Center;
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee
administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facility
(ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians;
Two (2) members shall be consumers consisting of:
1. One (1) individual from the corporate level and;
2. One (1) private individual;
One member shall be a physician or an individualwith medicaltraining or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami-Dade County Health
Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's
Affairs shall be added as a non-voting ex-officio member of the board.
City Liaison: Sonia Bridges
Vacancy:
Vacant
To replace Dr. David Farcy
To replace Anthony Japour
Members:
Ex-Officio Fire Rescue
Department
Private lndividual
ACLF
12t31t2018
1213112015 CityCommission
1213112015 CityCommission
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Dr. Todd
Jeremy
Marisel
Mark
Rachel
Richard
Richard
Stacey
Steven
Tobi
Maria
Narson
Green
Losa
Rabinowitz
Schuster
Awdeh
Cuello-Fuentes
Kruger
Sonenreich
Ash TL
Ruiz
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2019
12t31t2016
12t31t2020
12t31t2022
12t31t2016
12t31t2020
12t31t2015
Health Provider
Physician
Ex-Officio, Miami-Dade County
Health Department
CEO, Miami Beach Community
Health
ACLF
Corporate lndividual
Physician
Physician
CEO, Mt. Sinai Medical Center
(NrL)
Nursing Profession
Ex-Officio, Director of
Children's Affairs
Applicants
Christine Butler
Kara White
Michael Hall
Applicants
Jared Plitt
Maura Shiffman
Zachary Cohen
Monday, August24,2015 15 of 421011
r.-..-.
Boards and Committees Current Members
Health Facilities Authority Board Sec. 2-111
Composition:
Four (4) year terms.
Five (5) members shall consist of:
Two (2) health providers;
One (1) individual in the field of general business who possesses good standing in the community;
One ('t) accountant; and
One (1) attorney;
The Chairperson of the Health Advisory Board shall serye as a non-voting advisor to the Authority. Members shall be residents of
the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Arthur Unger Accountant 06/19/2016 CityCommission
06/19/2016 CityCommission
06/19/2018 CityCommission
0611912017 City Commission
06/19/2018 CityCommission
Mark Sinnreich Health Provider
Michael Hall Health Provider
Robert Hertzberg Attorney
Sidney Goldin General Business
Steven Sonenreich Chairperson, Health Advisory 1213'112016
Board
FS.154.207
FS.154.207
FS.154.207
FS.154.207
FS.154.207
FS.154.207
Applicants
David Berger
Elsa Orlandini
Richard Cuello-Fuentes
Zachary Cohen
Applicants
Dr. David Farcy
Rachel Schuster
Rosalie Pincus
Monday, August24,2015 16 of 421012
-.-..-,I--
Boards and Committees Current Members
H ispan ic Affairs Com mittee Sec.2-190.21
Composition:
The Committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment.
City Liaison: Nannette Rodriguez
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
Christina
Francis
Manuel
(Mickey)
Fernandez
Velasco
Purrinos
LaBuzetta
Trullenque TL
Minagorri
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2016
Commissioner Deede Weithom
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
Mayor Philip Levine
Commissioner Ed Tobin
Commissioner Micky Steinberg
12t31t2021
12t31t2021
12t31t2016
't2t31t2021
12t31t2015
12t31t2022
12t31t2021Veronica Camacho 1213112015 Commissioner Joy Malakoff
Applicants
David Cardenas
lsraelSands
Leonor Fernandez
Regina Suarez
Applicants
Eneida Mena
Josephine Pampanas
Rafael Trevino
Monday, August24,2015 17 of 421013
r.-,.-,
I--
Boards and Committees Current Members
Historic Preservation Board Sec.118-101
Composition:
Two (2) year term, appointed by a minimum of four (4) votes.
Seven (7) members with one member from each of the following categories:
1. A representative from the Miami Design Preservation League (MDPL) selected from three names nominated by the League;
2. A representative from Dade Heritage Trust (DHT) selected from three names nominated by the Trust;
3. Two aGlarge members who have resided in one of the City's historic districts for at least one year, and have demonstrated
interest and knowledge in architectural or urban design and the preservation of historic buildings;
4. An architect registered in the State of Florida with practical experience in the rehabilitation of historic structures;
5. An architect registered in the United States, a landscape architect registered in the State of Florida, a professional practicing in
the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation-of
historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the State of Florida,
each of the foregoing with professional experience and demonstrated interest in historic preservation;
6. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and
historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and
the preservation of historic structures.
All members of the Board except the architect, engineer, landscape architect, professional practicing in the field of architectural
or urban design or urban planning and university faculty members of the Board, shall be residents of the City; however, the City
Commission may waive this requirement by a 5/7th vote, in the event a person not meeting these residency iequirements is
available to serve on the Board and is exceptionally qualified by training and/or experience in historic preservation matters.
City Liaison: Deborah Tackett
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
David
Dominique
Herb
Jane
John
Scott
Wieder TL
Bailleul
Sosa TL
Gross
Stuart
Needelman
Attorney
At Large
At Large
Dade Heritage
Registered Architect
MDPL
Faculty MemberWyn Bradley
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
12t31t2015
12t31t2016
12t31t201s
12t31t2016
12t31t2019
12t31t2020
12t31t2019
Applicants
Andrew Nelson
Deborah Castillo
Dr. Morris Sunshine
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
MichaelSteffens
Raymond Adrian
Stephen Sauls
Applicants
Bradley Colmer
Dona Zemo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
Neal Deputy
Samuel Rabin, Jr.
William Lane
Monday, August24,2015 18 of 421014
r.-,.-,---
Boards and Committees Current Members
Housing Authority Reso 7031 421.05 FS
Composition:
Four year appointment.
Five (5) members appointed by the Mayor.
Appointments must be confirmed by the City Commission.
At least one (1) member shall be a resident who is current in rent in a housing project, or a person of low or very low income who
resides within the Housing Authority's jurisdiction and is receiving rent subsidy through a program administered by the authority
or public housing agency that has jurisdiction for the same locality served by the Housing Authority, which member shall be
appointed at the time a vacancy exists.
City Liaison: Maria Ruiz
Vacancy:
To replace Raymond Adrian Housing Authority 1213112016 Mayor Philip Levine
M"rb",a,
co"'""'on"t
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Dr. Barry Ragone Housing Authority 1011112017 Mayor Philip Levine 1011112021
Commissioner
Eugenio Cabreja Tenant Commissioner 1011112016 Mayor Philip Levine 10111t2018
Leonor Fernandez Housing Authority 1011112017 Mayor Philip Levine 10111t2021
Commissioner
Peter Chevalier Housing Authority 1011112015 Mayor Philip Levine 10t11t2019
Commissioner
Applicants Appticants
Barbara Gotlinsky Christina LaBuzetta
Jay Dermer Prakash Kumar
Stanley Shapiro Stephen Bernstein
Monday, August24,2015 19 of 421015
r.-,.-.---
Boards and Committees Current Members
LGBT Advisory Committee 2015-3931
Composition:
The Committee shallconsist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and
two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial
membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development
Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of
members of the Committee) to be appointed at-large by a majority vote of the City Commission.
City Liaison: Daphne Saba
Vacancy:
To replace Marivi lglesias
Members:
1213112015 CommissionerDeedeWeithorn 1213112018
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
Gayle
James
Jorge
Laura
Mark
Michael
Nelida
Thomas
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Durham
Weingarten
Richa
Veitia
Wylie
Bath
Barrios
Barker
12t31t2016
12t31t2019
12t31t2017
12t31t2021
12t31t2016
12t3112021
12t31t2022
12t31t2022
12t31t2017
12t31t2016
12t31t2021
12t31t2017
12t31t2016
12t31t2016
1213112016 Commissioner Ed Tobin
1213112015 Commissioner Jonah M.
Wolfson
1213112016 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112016 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 CommissionerMickySteinberg
1213112016 CommissionerDeedeWeithorn
1213112015 CommissionerJoyMalakoff
Applicants
Eric Hirsch
Karen Brown
Otiss (Arah) Lester
Rebecca Boyce
Ronald Wolff
Stephen Fox, Jr.
Walker Burttschell
Applicants
Jarred Relling
Kenneth Wilcox
RafaelTrevino
Robin SCHWARTZ
Ronald Wolff
Steven Adkins
Monday, August24,2015 2O of 421016
r.-.
-,---
Boards and Committees Current Members
Marine and Waterfront Protection Authority Sec.2-190.46
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who shall be direct appointments
with the Mayor and City Commissioners, each having two (2) direct appointments.
Appointments to the Authority shall consist of a combination of individuals who have had previous experience in:
1. The operation or inspection of marine facilities, including experience in various types of marine vessels and boating activities;
and/or
2. Who have an interest in preservation of the City's beaches and waterfronts.
The members of the Authority shall have the right and duty to consult with any member of the City Administration for technical or
other information pertaining to the matters before them.
City Liaison: Mercedes Carcasses
Vacancy:
To replace William Cahill
To replace Monica Casanova
Members:
12t31t2015
12t31t2016
Commissioner Ed Tobin
Mayor Philip Levine
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Addison
Albert
Barbara
Christian
Daniel
Dr. Morris
Dr. Ronald
Lizette
Manon "Marie"
Robert
Robert
Sasha
Sammet
Parron
Herskowitz
De La lglesia
Kipnis
Sunshine
Shane
Lopez
Hernandez
Christoph, Jr.
Schwartz
Boulanger
Sanchez ex-officio MB Marine Patrol
Commissioner Deede Weithom
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
1213112016 CommissionerMichaelGrieco 1213112021
1213112015 Commissioner Joy Malakotf 1213112021
1213112016 Commissioner Jonah M. 1213112022
Wolfson
12t30t2015
12t30t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t3'U2016
12t31t2015
12t31t2021
12t31t2021
12t31t2021
12t31t2022
12t31t2016
Commissioner Deede Weithorn 12131 12022
Commissioner Michael Grieco 1213112022
CommissionerJoyMalakoff 1213112021
Commissioner Ed Tobin 1213112018
Luis
Applicants
Adrian Gonzalez
Eric Lawrence
Jeff Cynamon
Jennifer Lampert
John Kanter
Mayela Mueller
MichaelTenzer
Michael Hall
MichaelHall
Yael Sade
Monday, August 24, 2015
Applicants
Darren Cefalu
Jeff Cynamon
Jeff Cynamon
Joel Aberbach
Julio Magrisso
MichaelRitger
MichaelTenzer
MichaelLevine
Stephen Bernstein
21 of 421017
---..-.---
Boards and Committees Current Members
Mayo/s Blue Ribbon Panel on Flooding and Sea Rise sec.2-23 (b)
Composition:
The Mayor's Blue Ribbon Panel on Flooding Mitigation is created pursuant to the Mayor's authority to establish Blue Ribbon
Panels under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing the City's response to flooding,
including storm water and the effects of sea level rise, and assisting with the implementation of a comprehensive flood
management plan for the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
yeat.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Bruce Mowry
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Dr. Michael Phang TL
Dwight KraaiTL
Scott Robins TL
1111712015 Mayor Philip Levine 1111712015
1111712015 Mayor Philip Levine 1111712015
1111712015 Mayor Philip Levine 1111712015
Applicants
Ruben Conitzer
Applicants
Stephen Sauls
Monday, August 24, 2015 22 of 421018
r.-..-.---
Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon North Beach Revitalization Sec.2-23 (b)
Composition:
The Mayor's Blue Ribbon Panel on North Beach Revitalization is created pursuant to the Mayor's authority to establish Blue
Ribbon Panels under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing the City's North Beach
Revitalization consistent with the North Beach Master Plan.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Jeff Oris
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Daniel Veitia
Margueritte Ramos
Ricky Arriola
0310212016 Mayor Philip Levine 0310212016
0310212016 Mayor Philip Levine 0310212016
0310212016 Mayor Philip Levine 0310212016
Applicants
Brian Gilderman
Applicants
Monday, August 24, 2015 23 of 421019
r.-L, .-,---
Boards and Committees Current Members
Mayo/s Ocean Drive Task Force Section 2-27(b)(2)
Composition:
The Task Force shall consist of no more than nine (9) members, all of whom shall be appointed by the Mayor to serve for a term
of 90 days. The "Task Force," shall have the purpose of studying and making recommendations as to howto improve the
experience for residents and visitors on Ocean Drive from 5th to 1Sth Street.
City Liaison: Jeff Oris
Members:
First Name l-ast Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Frank
Jonathan
Jonathan
Steve
Alessandro
Jeffrey
Joyce
Mitch
Reagan
Nicholas
Ricardo
Amadeo TL
Bennett TL
Plutzik TL
Boucher TL
TonarelliTL
Feldman TL
Garret TL
Novick TL
Pace TL
Kallergis
Dopico TL
11t13t2015
11t13t2015
11t1312015
11t13t2015
11t13t2015
11t13t2015
11t13t2015
11t13t2015
11t13t2015
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
11t13t2015
11t13t2015
11t13t2015
11t13t2015
11t13t2015
11t13t201s
11t13t2015
11t13t2015
11t13t2015
11t13t2015
Liaison Alternate
Alternate 1111312015 Mayor Philip Levine
Applicants
Ricardo Dopico
Applicants
Monday, August24,2015 24 of 421020
r.-,.-,---
=::
Boards and Committees Current Members
Miami Beach Commission For Women
Composition:
Twenty-one (2 1 ) members.
Each of the seven (7) members of the City Commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
2007-3570 S 2190-1
Commissioner Ed Tobin
Commissioner Ed Tobin
Vacancy:
To replace Gertrude Arfa
To replace Nikki Weisburd
Members:
12t31t2016
12t31t2016
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Adrienne Krieger
Carrie Wiesenfeld
Debra (Debi) Quade
Dona Zemo
Dr. Corey Narson
Francinelee Hand
Heather Davis
Jessica Conn
Jill Shockett
Karen Edelstein TL
Laurie Kaye Davis
Leslie Coller TL
Lindsay Genet
Mercedes Carlson
Regina Suarez
Regina
Roberta
Tiffany
Vanessa
Berman
Gould TL
Lapciuc
Menkes
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerMichaelGrieco
1213112015 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerDeedeWeithom
1213112015 Mayor Philip Levine
1213112015 CommissionerDeedeWeithom
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2021
12t31t2021
12t31t2019
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2019
12t31t2022
12t31t2015
12t31t2021
12t31t2015
10t3'u2021
12t31t2018
12t31t2017
12t31t2017
12t31t2015
12t31t2017
12t31t2020
Applicants
Allee Newhoff
Bonnie Crabtree
Christina LaBuzetta
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Joanna Popper
Joyce Garret
Monday, August24,2015
Applicants
Barbara Kaufman
Britta Hanson
Dale Gratz
Elizabeth Resnick
Helen Swartz
Jennifer Lampert
Josephine Pampanas
Laura Levey
25 of 421021
r.-..-,---
Boards and Committees Current Members
Lynette Long
Marjorie O'Neill-Buttler
Monica Matteo-Salinas
Pan Rogers
Rebecca Boyce
Rocio Sullivan
Tamra Sheffman
Marina Aviles
MerylWolfson
Monica Casanova
Patricia Valderrama
Robin SCHWARTZ
Samantha Bratter
Tashaunda Washington
Monday, August24,2015 26 of 421022
r.-,
-
I--
Boards and Committees Current Members
Miami Beach GulturalArts Council Sec.2-55
Composition:
The cultural arts council shall consist of eleven (11) members to be appointed at large by a majority vote of the mayor and city
commission. The members of the Council shall be appointed at-large by majority vote of the Mayor and City Commission. The
term of office for each member shall be three (3) years. Additionally, effective December 31,2002, no Council member may
serve more than six consecutive years; this provision shall be measured retroactively from the date of the initial appointments to
the Council. No Council member who serves the maximum proscribed term limitations shall be appointed to the Council during
the two year period following the expiration of his/her term.
City Liaison: Gary Farmer
Vacancy:
To replace Gregory Melvin
Members:
1213112017 City Commission
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Beatrice
Charles
Dale
Daniel
Dawn
lsrael
Marjorie
Merle
Samuel
Susan
Homstein TL
Million
Gratz
Novela TL
McCall
Sands
O'Neill-Buttler
TL
Weiss
Rabin, Jr.
Schemer
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2015
12t31t2017
12t31t2020
12131t2015
02t11t2020
't2t31t2020
't2t31t2015
12131t2017
12t31t2020
12t31t2019
Applicants
Allee Newhoff
Bradley Ugent
Dr. Daniel Nixon
Elliott Richard Alhadeff
lvan Montes
Jenna Ward
Joanna Popper
Kenneth Wilcox
Lynette Long
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Ray Breslin
Vanessa Menkes
Applicants
Andrew Nelson
Calvin Kohli
Eleanor Ellix
Eugenio Cabreja
Janda Wetherington
JillShockett
Kara White
Kevin Kelsick
Marian DelVecchio
MichaelMcManus
Monica Mafteo-Salinas
Pedro Menocal
Ray Breslin
Wesley Castellanos
Monday, August24,2015 27 of 421023
r.-,.-:---
Boards and Committees Current Members
Miami Beach Human Rights Committee
Composition:
The Committee shall consist of a minimum of five (5) and a maximum of eleven (1 1) members, with one (1) out of every five (5)
members to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City
Commission.
The members of the Committee shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human
Rights Ordinance. ln keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to
the Committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she
deems appropriate, as possible.
At least one (1) of the Committee members shall possess, in addition to the general qualifications set forth herein for members, a
license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have
experience in civil rights law. The attorney member shall also serve as Chair of the Committee.
City Liaison: Marcia Monserrat
201 0-3669
1213112016 Mayor Philip Levine
Vacancy:
To replace Jay Dermer
Members:
12t31t2022
First Name Last Name Pqsition/Title:Term Ends: Appointed by:Term Limit:
Alan
Amy
Bradley
Carl
Darren
lvan
Monica
Rachel
Walker
William
Fishman
Rabin
Ugent
Linder
Cefalu
Cano
Harvey
Umlas
Burttschell
Warren Jr.
12t31t2016
12t31t2019
12t31t2018
12t31t2020
12t31t2022
12t31t2019
12t31t2018
12t31t2018
12t31t2016
12t31t2019
Law 1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 Mayor Philip Levine
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
ApplicanB
Andrea Travaglia
David Mardini
Dr. Andrew Nullman
Gia Kastelic
lvan Montes
Jay Dermer
Lisa Almy
Rafael Leonor
Stephen Fox, Jr.
Applicants
Christine Butler
Deborah Robins
Elizabeth DiBernardo
Hicham Moujahid
Jarred Relling
Kenneth Wilcox
MichaelLevine
Robin SCHWARTZ
Monday, August 24, 2015 28 of 421024
r.-, r-r---
Boards and Committees Current Members
Miami Beach Sister Cities Program Sec.2-181
Composition:
The Coordinating Council is the governing body of the overall Sister Cities Program. The Council shall consist of:
1. One (1) representatives per Sister City affiliation; and
2. Nine (9) other members.
All of these members are appointed by the Mayor.
The members of the Coordinating Council shall be persons who are interested in furthering the purpose of the Program. Any
person interested in furthering the purpose of the Program may become a member of an individual Sister City Committee upon
approval by the Coordinating Council. To qualify, the person shall present a resume and a letter of interest to the Committee
Chairperson.
These members are appointed by the Mayor of the City of Miami Beach for two (2) years.
City Liaison: Dessiree Kane
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jacquelynn
Jessica
Joyce
Laura
Lidia
Lisa
Magui
Maria
Michelle
Nuccio
Omar
Samantha
Steven
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Colin
Resnick
Desmond
Benitez
Maltagliati
Ricci
Nobel
Caiola
Bratter
Adkins
12t31t2021
't2t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2022
Brampton, Canada
Almonte, Spain
Basel, Switzerland
Other
Rio de Janeiro, Brazil
Fujisawa, Japan
Other
Nahariya, lsrael
Other
lca, Peru
Other
Santa Marta, Colombia
Other
Other
Fortaleza, Brazil
Pescara, ltaly
Cozumel, Mexico
Other
Other
Other
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
Applicants
Bemardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
GabrielPaez
Jared Plitt
Laura Levey
Raymond Adrian
Monday, August24,2015
Applicants
Charles Million
Christopher Todd
Dr. Andrew Nullman
GabrielPaez
lsraelSands
Joseph Hagen
Monica Fluke
Rebecca Boyce
29 of 421025
r--,.-,---
Boards and Committees Current Members
Rocio Sullivan
Tiffany Heckler
Tamra Sheffman
Wesley Castellanos
Monday, August24,2015 30 of 421026
r.-.-,
Boards and Committees Current Members
Normandy Shores Local Govemment Neighborhood I mprovement Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the
Executive Committee of the Normandy Shores Homeowners Association. On behalf of the Board of Directors, the City Clerk shall
solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be
composed of three (3) members of the Executive Committee of the Normandy Shores Homeowners Association, as per
Resolution No.97-22449 adopted July 2, 1997.
City Liaison: John Woodruff
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Brett
Carmen
John
Harris
Browne
Bowes
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2022
12t31t2022
12t31t2018
Applicants
LoriNieder
Applicants
Monday, August 24, 2015 31 of421027
-.-. -,
Boards and Committees Current Members
Parks and Recreational Facilities Board Sec.2-171
Composition:
The Parks and Recreational Facilities Board shall be comprised of thirteen (13) voting members:
Seven (7) direct appointments made by the Mayor and each Commissioner.
Six (6) at-large appointments as follows:
Youth Center: Two (2) members having an affiliation with the City's youth centers, with one member affiliated with the Scott
Rakow Youth center, and one member with the North shore Park Youth center.
Golf: Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of golf.
Tennis: Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of tennis.
Members of the board shall demonstrate interest in the City's parks and recreational facilities and programs through their own
participation or the participation of a member of their immediate family. Consideration should also be given to individuals who
have special knowledge or background related to the field of parks and recreation.
City Liaison: Elizabeth Valera
Vacancy:
To replace Ronald Krongold Golf
Members:
12131120'16 CityCommission 12t31t2019
First Name Last Name Positionffitle:Term Ends:Appointed by:Term Limit:
Chris
Dana
David
Eliane
Harriet
Jenifer
Growald
Turken
Berger
Soffer
Halpryn TL
Caplan
Zimmerman
Graff TL
Nieder
Stein
Tennis
Scott Rakow Youth Center
Tennis
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112015 CommissionerMichaelGrieco
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CityCommission
1213112016 CommissionerDeedeWeithorn
1213112015 CommissionerJoyMalakoff
1213112015 Commissioner Ed Tobin
1213112015 CommissionerMickySteinberg
1213112016 Mayor Philip Levine
Golf
12t31t2021
12t31t2019
12t31t2019
12t31t2021
12t31t2015
12t31t2019
12t31t2017
12t31t2021
12t31t2015
12t31t2021
12t31t2021
12t31t2019
Jonathan Groff
Lee
Leslie
Lori
Paul
Stephanie Rosen No. Shore Park Youth Center 12t3112016 City Commission
Applicants
Beverly Heller
Bruce Reich
DanielNagler
Joseph Hagen
Lindsay Genet
Mojdeh Khaghan
Samuel Rabin, Jr.
Wesley Castellanos
Monday, August24,2015
Applicants
Brett Harris
Christopher Todd
Eneida Mena
Joseph Conway
Mark Balzli
Nawaz Gilani
Tiffany Heckler
32 of 421028
r--.
-.
r--
Boards and Committees Current Members
Personnel Board Sec.2-190.66
Composition:
Ten (10) members appointed by a 5/7th vote:
1. Six (6) of which shall be citizens of Miami Beach not in the employment of the City, each having a different vocation;
2. Three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the City
and who shall be elected from the employees of regular status in the respective groups:
Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department;
Group ll shall consist of employees who are in clerical and executive positions;
Group lll shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Sylvia Crespo-Tabak
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Gabriel
lvette lsabel
Lori
Matthew
Mojdeh
Rosalie
Sylvia
Alex
Eduardo
Evette
Paez TL
Borrello
Gold
Krieger
Khaghan
Pincus TL
Crespo-Tabak
Bello
Cananza
Phillips
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
07t31t2017
07t31t2016
07t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
't2t31t2015
12t31t2019
12t31t2018
12t31t2019
12t31t2016
12t31t2015
Human Resources Director
Group I
Group ll
Group lll
Applicants
Christine Butler
Michael Perlmutter
Richard Preira
Applicants
Elsa Orlandini
Nancy Wolcott
Monday, August24,2015 33 of 421029
r,-,
-,
Boards and Committees Current Members
Planning Board
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) regular voting members shall have considerable experience in general business, land development, land development
practices or land use issues; however, the board shall at a minimum be comprised of:
1. One architect registered in the State of Florida; or a member of the faculty of a school of architecture in the state, with practical
or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect
registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning;
2. One developer who has experience in developing real property; or an attorney in good standing licensed to practice law within
the United States;
3. One attomey licensed to practice law in the State of Florida who has considerable experience in land use and zoning issues;
4. One person who has education and/or experience in historic preservation issues. For purposes of this section, the term
"education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria:
a. Has earned a college degree in historic preservation;
b. ls responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
c. ls recognized by the city commission for contributions to historic preservation, education or planning; and
5. Three (3) persons who are citizens at-large or engaged in general business in the City.
No person except a resident of the City, who has resided in the City for at least one year shall be eligible for appointment to the
Planning Board. The City Commission may waive the residency requirements by a 5/7th vote in the event a person not meeting
these requirements is available to serve on the Board and is exceptionally qualified by training and/or experience.
City Liaison: Michael Belush
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Sec.118-51
Brian
Jack
Jeffrey
Jonathan
Randolph
Reagan
Roberto
Elias
Johnson
Feldman
Beloff TL
Gumenick
Pace
Rovira
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2018
12t31t2019
12t3',U2015
12t31t2019
12t31t2020
12t31t2020
General Business
Historic Preservation
Developer
Attorney
General Business
General Business
Faculty of a School of
Architecture
Applicants
Aaron Davis
Brian Ehrlich
DanielHertzberg
David Wieder
David Smith
lan Bacheikov
Jack Benveniste
Jared Galbut
Jessica Conn
Madeleine Romanello
Mark Alhadeff
Muayad Abbas
Monday, August 24, 2015
Applicants
Andres Asion
Christine Florez
DanielVeitia
David Kahn
Dominique Bailleul
lan Bacheikov
James Silvers
Jeffrey Cohen
Jonathan Fryd
Marina Novaes
MichaelSteffens
Nelson Fox
34 of 421030
---. --.r--
Boards and Committees Current Members
Noah Fox
Robert Sena
Seth Frohlich
Richard Baron
Ruben Conitzer
Suzanne Hollander
Monday, August24,2015 35 of 421031
r-..-,---
Boards and Committees Current Members
Police/Citizens Relations Comm ittee Sec.2-190.36
Composition:
The Committee shall consist of fourteen (14) voting members. The members shall be direct appointments with the Mayor and
City Commissioners each making two (2) individualappointments.
As per Sec. 2-190.40, the voting members of the Commiftee shall have knowledge of and interest in Police Community Relations
and their impact on the City of Miami Beach. Recommendation for appointment to all voting and nonvoting membership selected
by the Mayor and Commission shall be encouraged to be obtained from the Spanish-American League Against Discrimination
(S.A.L.A.D.); the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (A.D.L.); the Dade Action
Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the League of Women Voters and the other
organizations deemed appropriate.
City Liaison: Chief Daniel Oates
Vacancy:
To replace Antonio Hernandez
Jr.
To replace Tiva Leser
To replace Robert Lopez
To replace Melissa Sheppard-
Broad
Members:
12t31t2016
12t31t2015
12t31t2015
12t31t2016
Commissioner Joy Malakoff
CommissionerJonah M.
Wolfson
Mayor Philip Levine
Commissioner Ed Tobin
12t31t2021
12t31t2021
12t31t2021
12t31t2021
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Bruce
Claire
Daniel
Jared
John
Meryl
Michael
Nelson
Steven
Reich
Warren
Aronson
P|itt TL
Kanter
Wolfson
Perlmutter
Gonzalez TL
Oppenheimer
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
Commissioner M icky Steinberg
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Mayor Philip Levine
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Ed Tobin
Commissioner Jonah M.
12t31t2021
12t31t2021
12t31t2021
12t31t2015
12t31t2022
12t31t2021
12131t2020
12t31t2015
12t31t2017
Walter Lucero
Wolfson
1213112015 CommissionerDeedeWeithorn 1213112019
Applicants
Allison Stone
DanielNagler
Eric Lawrence
Heather Davis
JillShockett
Joseph Hagen
Larry Colin
Lee Zimmerman
LoriGold
Monday, August 24, 2015
Applicants
Antonio Hernandez Jr.
Deborah Ruggiero
Eugenio Cabreja
Hicham Moujahid
Jordan Nadel
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
36 of 421032
r.-..-,---
Boards and Committees Current Members
Michael Bernstein
Monica Fluke
Prakash Kumar
Rafael Leonor
Stephen Fox, Jr.
MichaelRitger
Nawaz Gilani
Rachel Schuster
Richard Preira
Zeiven Beitchman
Monday, August24,2015 37 of 421033
r--..-.---
Boards and Committees Current Members
Production Industry Council Sec.2-71
Composition:
The Council shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and or recording industries of
the City.
Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly
involved with that industry.
City Liaison: Graham Winick
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Aleksandar
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Stojanovic
Nerey
Orosz TL
Davidson
Popper
Kravitz
Legault-
Mendoza
Production
Production
Fashion
Fashion
News Media
Recording lndustry
TV/Film
12t31t2016
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
Mayor Philip Levine
Commissioner Deede Weithorn
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
12t31t2021
12t31t2018
12t31t2015
12t31t2021
12t31t2021
12t31t2021
12t31t2017
Applicants
Elizabeth DiBernardo
Applicants
Samantha Bratter
Monday, August24,2015 38 of 421034
r.-.
-,---
Boards and Committees Current Members
Sustainability Com m ittee 2008-361 8
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City
Commissioner. A Commissioner appointed by the Mayor, shall serve as a non-voting member and shall serve as the
Chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general
environmental improvement trends, or "Green lnitiatives," and "sustainable Development," which is herein defined as a pattern
of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only
in the present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green
Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach.
City Liaison: Elizabeth Wheaton
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Cheryl
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Doebler
Leibowitz TL
Furst TL
DeFilippi
Vincenti
Hart
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithorn
1213112015 Commissioner Jonah M.
Wolfson
1213112016 Commissioner Ed Tobin
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
12t31t2021
12t31t2020
12t31t2015
12t31t2015
12t31t2021
12t3'U2021
12t31t2021
Applicants
Amy Rabin
Brian Gilderman
Marivi lglesias
Walker Burttschell
Applicants
Andrea Travaglia
Jenifer Caplan
Russell Hartstein
Yael Sade
Monday, August24,2015 39 of 421035
r--..-.---
Boards and Committees Current Members
Tra nsportation, Pa rki n g, B icycle-Pedestria n Faci I ities Com m ittee Sec. 2-190.91
Composition:
The Committee shallconsist of fourteen (14)voting members.
The Mayor and City Commissioners shall each make one (1) direct appointment, with the other seven (7) members of the
Committee to be composed of members from the following community organizations, each of which must designate a permanent
coordinating representative:
1. Miami Beach Chamber of Commerce's Transportation and Parking Committee (MBCC);
2. Miami Beach Community Development Corporation (MBCDC);
3. Ocean Drive Association (ODA);
4. Miami Design Preservation League (MDPL);
5. North Beach Development Corporation (NBDC);
6. Mid-Beach Neighborhood or Business Association (MBNBA);
7. Lincoln Road Marketing, lnc. (LRMI).
On an annual basis, the members of the Committee shall elect a Chairman and such other officers as may be deemed necessary
or desirable, who shall serve at the will of the Committee. Seven (7) members of the Committee shall consist of a quorum of the
Committee and shall be necessary in order to take any action.
The members of the voting Committee shall have knowledge of and interest in transportation and parking and their impact on the
City. The members designated by their respective community organization shall provide a letter from such organization certifying
that designation to the City Clerk.
City Liaison: Saul Frances
Vacancy:
Vacant
Members:
Member Lincoln Road
Marketing lnc.
12t31t2016
First Name Last Name Position/Title:Term Ends:Appointed by:Tenn Limit:
AI
David
Deborah
Del
Eric
Frederick
Charles
Jo
Madeleine
Mark
Ray
Scott
Feola
Mardini
Ruggiero
Fruit
Montes de Oca
Sake
Asmundsson
Romanello
Weithom
Breslin
Diffenderfer TL
Member Ocean Drive
Association
Member Mid-Beach
Neighborhood or Bus Assc.
Member MBCDC
Member MBCC
Member No.Beach
Development Corp.
Mayor Philip Levine 1213112022
Commissioner Micky Steinberg 1213112021
Commissioner Ed Tobin 1213112022
Commissioner Deede Weithorn 12131 12022
12t31t2021
12131t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2015
Seth Wasserman
William "Bill" Hahne
Commissioner Joy Malakoff
CommissionerJonah M.
Wolfson
'1213112015 CommissionerMichaelGrieco 1213112016
12t31t2016
Applicants
Aaron Davis
Gia Kastelic
lan Bacheikov
Monday, August 24, 2015
Applicants
Allison Stone
lan Bacheikov
Leif Bertrand
Member MDPL
40 of 421036
-"-..-.---
Boards and Committees Current Members
Lila lmay
Lisa Almy
Mayela Mueller
Rafael Leonor
Stanley Shapiro
Lindsay Genet
Marina Aviles
MichaelRitger
Robert Lopez
Yael Sade
Monday, August24,2015 41 of421037
-.-..-,---
Boards and Committees Current Members
Visitor and Convention Authority Sec.102-246
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) members who shall be permanent residents of Miami-Dade County.
The seven (7) members of the authority shall be representative of the community as follows:
1. Not less than two (2) nor more than three (3) members shall be representative of the hotel industry;
2. The remaining members, none of whom shall be representative of the hotel industry, shall represent the community at-large.
Any member of the Authority or employee thereof violating or failing to comply with provisions of this article shall be deemed to
have vacated his office or position.
City Liaison: Grisette Roque
Vacancy:
To replace Mark Tamis
Members:
At-Large 1213112016 CityCommission
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Aaron
Adrian
Daniel
Margaret
(Pesgv)
Stephen
Tim
Perry
Gonzalez
Hertzberg
Benua
Hertz
Nardi
At-Large
At-Large
At-Large
Hotel lndustry
At-Large
Hotellndustry
1213'112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
12t31t2016
12t31t2019
12t31t2019
12t31t2017
12t31t2019
12t31t2019
Applicants
Charles Million
Dona Zemo
Jared Galbut
Kristen Rosen Gonzalez
Mark Tamis
Seth Feuer
Applicants
Christy Farhat
Heather Davis
Jeffrey Graff
Laurence Herrup
Matthew Krieger
Steven Adkins
Monday, August24,2015 42 of 421038
City Commission Committees
Finance & Citya/de Projects Committee
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Land Use & Development Committee
Commissioner Jonah Wolfson
Commissioner Joy Malakoff
Mayor Philip Levine
Commissioner Micky Ross Steinberg
Patricia Walker
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Neighborhood/Community Affairs Committee
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Ed Tobin
Mayor Philip Levine
Thomas Mooney
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Sustainability and Resiliency Committee
Commissioner Ed Tobin
Commissioner Micky Ross Steinberg
Commissioner Michael Grieco
Deede Weithorn
Daphne Saba
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Commissioner Michael Grieco
Commissioner Micky Ross Steinberg
Deede Weithorn
Commissioner Joy Malakoff
Elizabeth Wheaton
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
1039
NON-CIry COMMISSION COMM ITTEES
Mayor Philip Levine. Miami-Dade Metropolitan Planning Organization. U.S. Conference of Mayors
Commissioner Deede Weithorn. Miami-Dade County Homeless Trust Board. Miami-Dade County League of Cities
Commissioner Joy Malakoff. FIU Wolfsonian Advisory Board
Christine Gudaitis, Barbara Herskowitz. Public Library Advisory Board
Larry Colin, Richard Milstein, Ricky Arriola. The Adrienne Arsht Center for the Performing Arts Center Trust
1040
THIS PAGE INTENTIONALLY LEFT BLANK
1041
r^-. -e. o)r--,
r9r5.2015
Cify of illiomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Rafael E. Granado, City Clerk
DATE: September 2,2015
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS
ADM!NISTRATION RECOMMENDATION
Make appointments as indicated.
ANALYS!S
The applicants that have filed with the Office of the City Clerk for the below At-Large
appointments are included in item R9A.
BOARD AND COMMITTEES
1. AFFORDABLE HOUSING ADVISORY COMMITTEE
vACANC|ES (6):
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is a representative of those areas of labor actively engaged in
home building in connection with affordable housing.
. One citizen actively engaged as an advocate for low-income persons in
connection with affordable housing.
. One citizen who is actively engaged as a not-for-profit provider of affordable
housing.
. One citizen who actively serves on the local planning agency pursuant to Florida
Statute S163.3174 (Planning Board member).
. One citizen who represents essential services personnel, as defined in the local
housing assistance plan.
2. BUDGET ADVISORY COMMITTEE
vACANCY (1):
. One certified public accountant.
agJnTlite'n R?At
oate ?-L-lf
F:\CLER\COMMON\201 5\09022015 CM\R9A City Commission Appointments Sept 2 2015.Docx
1042
3. COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH
vACANCIES (2):
. The City Commission shall designate two of its members to serve as City
Commission liaisons to the Committee for Quality Education.
4. HEALTH ADVISORY COMMITTEE
vACANCIES (2):
. One (1) member shall be administrator from an Adult Congregate Living Facility
(ACLF), and/or an Assisted Living Facility (ALF).
. One (1) private individual.
5. MIAMI BEACH CULTURAL ARTS COUNCIL
vACANCY (1):
. One (1) memberto be appointed At-Large.
6. PARKS AND RECREATIONAL FACILITIES BOARD
vACANCY (1):
. Golf: A member who has demonstrated a high degree of interest, participation
and/or expertise in the sport of golf.
7. VISITOR AND CONVENTION AUTHORITY
VACANCiES (1):
o One (1) memberto be appointed At-Large.
Please see the "Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants
have actually been nominated. The Agenda Archives website is located at:
http://miamibeachfl.qov/citvclerUscroll.aspx?id=82117: thereafter choose the first listed
Commission meeting and click on City Commission At-Large Nominations.
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.qov; and under the City Clerk section, located on the bottom right
hand side of the webpage, click on the "Agenda Archives" link; thereafter choose the first
listed Commission meeting and click on City Commission At-Large Nominations.
F:\CLER\COMMON\201 5\09022015 CM\R9A City Commission Appointments Sept 2 201S.Docx page 2
1043
R9 - New Business and Commission Requests
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM R?B/,-
DATE ?.2-S
1044
THIS PAGE INTENTIONALLY LEFT BLANK
1045
R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
Rqc
?-2-lr
Agenda ltem
Date
1046
RESOLUTION TO BE SUBMITTED
1047
1915.20r5
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City
DATE: September 2,2015
SUBJECT: DISCUSSION ON PROPOSED TIONS TO THE FLAMINGO PARK
MASTERPLAN AND THE ACTIONS OF THE HISTORIC PRESERVATION
BOARD
BACKGROUND
On September 9, 2009 the City Commission approved option "L" of the Flamingo Park
Master Plan through the adoption of Resolution No. 2009-27190. The Basis of Design
Report (BODR) was subsequently issued based upon this approval. On November 9,
2010, the Flamingo Park Master Plan was approved by the Historic Preservation Board
(HPB). The elements included in the approved Master Plan were based on community
feedback provided in 2008. Some of the key improvements outlined in this approved
Master Plan consist of the following:
. New Tennis Facility; the construction of the new tennis center was completed in
June 2012.. Football Field/Track renovation to include artificial grass surface, remodeling of
concession and box office building and new lighting; the Football/Track and Field
was completed in September 2013.o Demolition of the Friendship Corner Building; the demolition of the Friendship
Corner Building took place on February 6,2015.. Baseball field renovation with lighting upgrade, new batting cages with storm
drainage, and ADA upgrades to stadium seating.. Reclamation of the park area resulting from the relocation of the Property
Management Facility off site.o Restroom renovations, inclusive of plumbing fixtures and accessories
replacement, new park entrance features, enhanced pedestrian/bike paths and a
new interactive water feature.. Pedestrian lighting enhancements and park-wide signage.. Enhancing the Dog Park with new landscaping, shade trees and equipment for
both small and large dogs.
1048
. Restoration of the existing Lodge House.. Community garden and landscaping, drainage improvements and the removal
and replacement of fences throughout the park.. Demolition of the Robert C. Hass handball court building and replace with 8 new
one-wall handball courts, as well as improvements to the Joe Rubin handball
courts. Construction of a new centrally located restroom facility to conveniently serve the
new dog park, new skate park and existing basketball courts
On November 22, 2010, the Land Use and Development Committee discussed the
master plan and recommended to "reject the proposed concept of the Flamingo Park
skate park." The committee also motioned to "direct the Administration to explore finding
an alternate location within the City for a skate park other than Flamingo Park." Although
these motions were reported at the December 8,2010 City Commission meeting, they
were never formally adopted. Staff, however, acted upon the assumption that it was
adopted through the report.
On January 31,2011, the Land Use & Development Committee directed the
Administration to explore a North Beach location for a skate park and return to the
Committee when ready. At the January 15, 2014 City Commission meeting, a
discussion regarding commencing the planning of a skate park in partnership with the
City of Surfsid-e on the vacant property located along Collins Avenue between 87th Street
and 86th Street took place. The Commission agreed to have a Master Plan for North
Beach and North Shore Open Space Park in place first before finding a location for a
skate park.
ln December 2013, the City Commission adopted Resolution No.2014-28449 amending
the professional services agreement with the Consultant to provide professional services
associated with the design of the remaining Park improvements, which consist of a
community garden, Baseball Field renovation, lodge renovation, new park entrance
features, enhanced pedestrian/bike paths, a new interactive water feature, teenage
activity, lighting enhancements, signage, drainage, landscaping and irrigation.
On July 25, 2014, the Neighborhoods/Community Affairs Committee discussed the
Flamingo Park Master Plan and whether to continue as planned or revise the plan in
order to incorporate additional elements to address the current needs of the community.
The Administration recommended the following changes/additions to the original Master
Plan:
. Renovation of the soccer and softball fields with artificial turfo Reconsideration of a skate park (the Administration was still under the
impression that the removal of the skate park from the Mater Plan was formally
adopted.). Reconsideration of the number of handball courts neededo Demolition of the existing restroomr Relocation of the new restroom and office buildingo Park-wide drainage and irrigation upgrades
The Neighborhoods Committee recommended to continue with the original plan for
Flamingo Park and concluded that continually readdressing the plan was delaying the
1049
project and maintaining the plans without revisions was the best option unless it is a
pressing emergency.
At the March 11, 2015 City Commission Meeting, a discussion was held on adding Padel
tennis courts to the Flamingo Park Master Plan. The Administration was directed to find
locations for Padel tennis and come back with options for discussion.
On July 14,2015, a Certificate of Appropriateness for the previously approved design of
the Flamingo Park Master Plan was reviewed and approved by the Historic Preservation
Board (HPB), as the previously approved order had expired on May 9,2012. As part of
the HPB application, the Administration proposed several modifications to the remaining
portions of the previously approved plan, including the following:
. Previously proposed community garden has been replaced with a butterfly
garden.. Construction of additional handball courts has been removed from the Master
Plan.. Construction of new padel ball courts to replace the existing Robert C. Haas
handball courts.. Construction of a new outdoor fitness cluster.
The HPB approved the Certificate of Appropriateness with the following conditions:
. The previously proposed skateboard park shall be reintroduced into the master
plan.. The previously proposed additional handball courts shall be reintroduced into
the master plan.. Recommendation to the Commission to retain the existing Robert C. Haas
handball court structure.. The proposed Padel tennis courts shall not be permitted.
. No additional estate fencing shall be installed around the perimeter of the
park. Any existing perimeter fencing may be replaced with estate fencing, as
proposed in the original master plan.
ANALYSIS
Some of the conditions imposed by the Historic Preservation Board (HPB) as part of
their July 14, 2015 approval are contrary to the original elements of the Flamingo Park
Master Plan, as well as previous direction from the Commission. ln this regard, the
Administration is seeking policy direction from the City Commission with regard to the
following conditions imposed by the HPB:
. The previously proposed skateboard park shall be reintroduced into the master
Plan.. The previously proposed additional handball courts shall be reintroduced into
the master plan.. The existing Robert C. Haas handball court structure should be retained.. The proposed Padeltennis courts shall not be permitted.
The role of the Historic Preservation Board in reviewing the proposed master plan is with
1050
regard to the physical design of the plan. The location and types of uses proposed are at
the discretion of the City Commission.
CONCULSION
The Administration recommends that the City Commission provide policy direction on
the aforementioned recommendations of the Historic Preservation Board regarding the
Flamingo Park Master Plan. Should the direction of the Commission differ from the
conditions imposed by the HP Board, it is further recommended that the Administration
be directed to seek a modification of the HP Board Order.
JLM/JMT/J*'="'XP
T:\AGENDAVO1S\September\PI.ANNING\Flamingo Park Masterplan Discussion - REV|SED.docx
1051
lt
MIAMIBEACH
City of Miomi Beoch, '1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morales, City Manag ", /ilQLDATE: September 2,2015
SUBJECT: Discussion item regarding negotiations between the Gity of Miami
Beach and Xerox State and Local Solutions, Inc., pursuant to the
red-light camera agreement, as authorized by the Mayor and Gity
Commission under Resolution No. 2015-29018.
ADMI NISTRATION RECOMM EN DATION
The City of Miami Beach contracts with an alternative company to continue the
photo red light program.
HISTORY / BACKGROUND
ln April 2010, the City of Miami Beach entered into a five (5) year Agreement with
Xerox State and Local Solutions, lnc. to begin a photo red light (PRL) ticket
enforcement program. The Agreement authorized the City to extend its duration
for up to two (2) additional, two-year terms.
The intent of the PRL program is to improve public safety by reducing motor
vehicle crashes at traffic signal intersections by holding red-light offenders
accountable for their violations. The Miami Beach Police Department currently
manages the program and monitors ten (10) cameras in nine (9) different
intersections throughout the city. Appendix A shows the accident statistics at
these intersections for the period January 1, 2005 to June 1,2015.*
The City of Miami Beach's Agreement with Xerox was set to expire in May 2015.
On April 8,2015, the Finance and Cityruide Projects Committee held a discussion
relative to the viability of the PRL program, and addressed potential modifications
to the Agreement that would better protect the interests of the City. The
Committee made several essential recommendations and identified further
amendments to the Agreement that must be encapsulated with an amendment to
the Agreement for the first renewal term. These were: at a minimum, a provision
" The number of crashes at the 17st and Alton Rd intersection data may have been affected by
major road works at the location'
Agenda rtem R ? E
Date 7-2'/f1052
Commission Memorandum
Red light cameras
September 2, 2015 Page 2 of 2
for five (5) additional red light cameras at designated intersections within the City;
relocation and upgrade of certain existing designated intersection cameras; and
the full indemnity, holding harmless and defense of the City by Xerox State and
Local Solutions, lnc., for pending and future litigation.
The Mayor and City Commission expressly granted the Administration and the
City Attorney's Office the authority to negotiate the first two-year renewal term as
approved in Resolution No. 2015-29018. These negotiations were not finalized
by July 8,2015. An extension was requested and approved by the Major and City
Commission on July 8th, 2015, to expire September 10, 2015. Negotiationi
began at the beginning of August; however, Xerox did not meet the requirements
of the renewal term, as identified by the Finance and Cityruide Projects
Committee.
As a result, the City has four viable options:
'l Allow the current contract to expire, effective September 10,2015, and
initiate a new bid process through the Procurement Department.2 Continue on a month to month basis with Xerox until such time that a
new vendor can be procured.3 Exercise the 2nd of the 2-year options allowing the City to operate
under the same terms and conditions currently in place.4 Terminate the Photo Red Light program entirely.
FISCAL IMPACT:
Since the program's initial investment, revenue has surpassed expenditure.
When all factors are included, a surplus of $189,000 is projected for FY 15/16. !t
is estimated that if the proposed five (5) additional cameras are added, the
surplus above expenses for the PRL program would increase to $355,000
annually. Appendix B provides a fullfinancial breakdown.
ttl D
JLM/DJO/DW
T:\agenda\2015\SEPTEMBER\POLICEDEPARTMENT\Com_Memo_Redlightcameras-future
1053
City of Miami Beach Red Light Camera Program - lntersections Data Appendix A
17th St and
Washington
Ave
(Eastbound
and
Southbound)Total Crashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestrian
Motorcycle
Bicycle
Total Crashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestrian
Motorcycle
Bicycle
17th St and
Alton Rd
(Westbound)
Dade Blvd
and
Washington
Ave
(Eastbound) Total Crashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestria n
Motorcycle
Bicycle
L4
2
5
2
5
0
L
t
0
0
13
2
7
3
3
0
0
0
0
0
1387
2L1
745
212
220
110
100
000
000
000
13
2
7
2
3
0
1
0
0
0
L2
2
4
L
5
0
L
L
0
0
8
3
2
0
3
0
0
0
2
7
6
0
4
0
0
2
0
0
0
0
12
7
9
t
7
0
0
0
1
0
6
2
2
7
0
t
0
2
0
0
13
3
6
0
3
2
0
0
1
L
6
1
6
0
0
0
0
0
0
0
3
0
t
0
2
0
0
0
0
0
1
0
0
0
t
0
0
0
0
0
2
0
0
0
2
0
0
0
0
0
72
2
5
3
1
0
0
1
2
0
9
3
4
0
0
1
0
t
2
L
4
0
2
1
L
0
0
0
0
0
5
0
3
1
7
0
0
0
0
0
8
2
4
7
L
0
0
0
L
L
7
1
2
0
2
3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
9
0
1
7
7
0
0
0
0
0
15
4
4
4
4
0
0
2
0
I
6
0
5
0
L
0
0
0
0
0
5
0
2
1
1
0
0
0
0
1
t4
2
4
0
6
0
0
7
0
3
13
4
4
6
1
0
0
0
1
7
t7 27
10
210
2t
5L6
10
00
00
00
10
1
0
0
0
1.
0
0
0
0
0
4
t
2
0
L
0
0
0
1.
0
* Data shown for 2015 is for the period January 1 to May 31 only.
1054
City of Miami Beach Red Light Camera Program - lntersections Data Appendix A
4
0
1
0
3
0
0
0
0
0
3
0
2
0
0
0
0
1
0
0
1,
0
0
0
1
0
0
0
0
0
7
L
2
3
23rd St and
Dade Blvd
(Westbound) TotalCrashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestrian
Motorcycle
Bicycle
41st St and
Prairie Ave
(Northbound) TotalCrashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestrian
Mo(orcycle
Bicycle
Chase Ave
and Alton Rd
(Northbound) Total Crashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestria n
Motorcycle
Bicycle
63rd St and
lndian Creek
(Southbound) TotalCrashes
lnjuries
Angle
Rear End
3
0
2
0
L
0
0
0
0
0
3
L
1.
t
L
0
0
0
0
0
2
t
0
0
2
0
0
0
0
0
3
t
0
L
7
0
0
0
t
0
7
L
2
4
7
0
0
0
0
0
4
0
2
2
0
0
0
0
0
0
2
0
0
t
7
0
0
0
0
0
3
0
L
2
0
0
0
0
0
0
L
0
7
0
0
0
0
0
0
0
5
1
3
0
4
0
1,
3
0
0
0
0
0
0
3
1
1.
L
0
0
0
1
0
0
1
0
0
0
L
L
0
0
0
0
3
0
L
0
2
0
0
0
0
0
3
0
0
3
0
0
0
0
0
0
4
2
3
L
0
0
0
0
0
0
4
0
L
0
3
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
3
1.
0
0
2
0
0
7
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
1,
0
0
0
0
0
0
0
5
2
4
0
0
0
0
0
t
0
1
0
0
t
0
0
0
0
0
0
7
0
1
0
0
0
0
0
0
0
1
0
0
t
22
4
6
1
13 L2
27
11 8
02
5
0
3
2
0
0
0
0
0
0
7
L
4
t
4
0
0
2
0
7
1
0
0
0
4
2
1
3
0
0
0
0
0
0
8
2
2
3
2
0
2
0
0
0
0
0
0
0
L
1
1,
0
0
0
0
0
0
0
2
7
2
0
1.
0
0
1,
6
0
2
1.
* Data shown for 2015 is for the period January 1 to May 31 only.
1055
City of Miami Beach Red Light Camera Program - lntersections Data Appendix A
2
0
0
0
0
0
Side Swipe
Head-on
Single Vehicle
Pedestrian
Motorcycle
Bicycle
Abbott Ave
and lndian
Creek
(Southbound) TotalCrashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestria n
Motorcycle
Bicycle
71st St and
lndian Creek
(Northbound) TotalCrashes
lnjuries
Angle
Rear End
Side Swipe
Head-on
Single Vehicle
Pedestria n
Motorcycle
Bicycle
t
2
L2
0
0
0
0
0
2
0
0
0
3
0
0
1,
2
0
0
0
0
0
8
2
2
3
1.
7
0
1.
0
0
1.
0
I
0
0
0
5
0
2
2
7
0
0
0
0
0
4
1
t
0
2
1.
0
0
0
0
2
0
0
0
0
0
5
0
L
L
7
0
7
0
1
0
3
0
0
0
0
0
1
1.
0
0
0
L
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
0
0
0
0
0
4
L
4
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
3
0
0
0
0
0
2
0
0
0
0
0
5
0
3
1
0
1
0
0
0
0
L
0
1
0
0
0
0
0
0
0
2
0
L
0
L
0
0
0
0
0
1
0
0
0
7
0
0
0
0
0
3
1.
2
1.
0
0
0
0
0
o
5
7
2
1.
2
0
0
0
0
0
7
1.
5
t
1.
0
0
0
0
0
4
0
3
0
0
1,
0
0
0
0
10
3
4
3
2
0
t
0
0
0
L1.
7
3
4
2
L
0
0
0
1
5
L
3
2
0
0
0
0
0
0
4
t
2
L
0
0
0
0
0
1
T:\agenda\2015\SEPTEMBER\POLICEDEPARTMENT\Com_Memo_Redlightcameras-futureAppendixA
* Data shown for 2015 is for the period January 1 to May 31 only.
1056
U'o,oz,
gs gg gooooEEEEEO6GGOoo=;==;ooooocc
666b6
ooooo
.9-9Qaa
DEEEODEE€06006cc -e-e e
ooooo
OODEEoooo
oooo6ooooo
o@ooo-a
oooo
EE EE E
OOEEEoooo
.sl .sl .!q .sr .qree ee eLdnn
EEEE
;===9qqq
oooo
.9 .e .a ,9
qqee
ooooOODE
o--o
OOEE
.sr .q .gr .9reeegdddd
69
.9c6oOE
EE
o
E
o
I aa Eb666dt r.: <\i a@6N
o
6
6o-
ooooooooooooooooooooo6666.i6idat cti6iN'<e-No @
aoi.i@
E
o
Egl6
0oo5F
Iai
oooooooooot ri o-
N
coeNts
oooooooooooooooooooooooo6i6idddcirio-
=---N t
ooo
r-:@
ooo
o_
ecc
ci6
=o6E
ro Eao
ooo-
ooooooo,ooot rt rt
N
oq
N
ooooooooooooooo-o-o-,.o-o-o^g
O=eo6@-
FN=
ooo
N.
oo<?
F
+.9
R.a>9rI
60N-@oo-'N-O-@-ry@o@No-6o
NN
N
@_
oo
o
@
dt
ooto
o;
d
ol
N
&i
ifr
d
o-
c{
6-
o
o@@@o@oo NO!_OOo-,,o-N,<io-@-,
s._Oo@6:_O-N
o_t
@N=6@6nq[-i
dNdNNo-+ooN06ao-N6etdri
-o
N
9.
W
r:ii
N
o-
ooo"
N
o,i
6
N.
oF
d
€t-
o
6=
3N
oo6=+oooNN60(.{r_ @- N_O-@- 'NO@!_N
I
:_@o@@o@oN
.jo q
@N
ooooooo- o- o-
--ON@
'at-'
E:1' . .: i)tli"'.i))!
j
r
N
r
N
N
r
o
.5!coo.o-
g
f
fri
og
o)
Eoo
c
0)t
ol
Eq)
=I
Eo
Fzt!
Ft
rL
u.lo
uJIJoot
LrJ(D
t-rlF(L
ula
ro
N
o
coo)o-F
G
E
E.o;
-xeE9
dqCIEtL-<E
9c6
.Er
C Sact5 3=3
=oyoSaaeUiE383=*3S:oo=6i=c?qi:d-=osoOE+a_|.u|i+.!2E=?tgt= -fr EO E E E B SE * ", E = sq9EEE8EE q EBE{
=EEiiita=g
#Ege;€=Es*E:gEEt EHHHHHH *l *E<I XiOOOOQ()EI G>gl *E,5E,=,5.5 El ?z oo-N6NNo e
=l-=JJJJ)J-!l-OO6@@@@-F-OO=EI -[EEEEEEE .r=I =E E==EE=EEgggEF
1057
R9 - New Business and Commission Requests
RgF Presentation On Beautification Of Alton Road Flyover Bridge At Eastern End Of l-395.
(Public Works)
Agendattem R?F
Date Q-Z-t{1058
THIS PAGE INTENTIONALLY LEFT BLANK
1059
R9 - New Business and Commission Requests
RgG Discussion Regarding PSA Litter Advertising On Garage Gate Arms And Wrapping
lnterior Of Elevators ln Garages Near Beach.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem R? 6
Date ?-Z-l{1060
THIS PAGE INTENTIONALLY LEFT BLANK
1061
R9 - New Business and Commission Requests
RgH Discussion Regarding Provisions For Attractive Window Wraps For Vacant Commercial
Properties.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem R? H
oate 42-tS1062
THIS PAGE INTENTIONALLY LEFT BLANK
1063
R9 - New Business and Commission Requests
Rgl Discussion Regarding Tour Buses Misusing And Blocking The Streets ln The
Entertainment District And South Of Fifth.
(Sponsored by Commissioner Michael Grieco)
Agendaltem R{I
Date 4-Z-lf1064
THIS PAGE INTENTIONALLY LEFT BLANK
1065
R9 - New Business and Gommission Requests
RgJ Discussion Regarding The ECOMB Lease.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem Rjf,
Date {-2-tS1066
THIS PAGE INTENTIONALLY LEFT BLANK
1067
R9 - New Business and Gommission Requests
RgK Discussion Regarding Unsolicited Proposal To Convert Collins Park Garage Project To
A Ground Lease And Cooperative Development.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem R4 KDate f _2_151068
Gadinsky
REAL ESTATE LLCJ
August 7,2015
Mr. Jimmy L. Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Morales:
Please accept this letter as our formal proposal to negotiate a development and
ground lease agreement with the City of Miami Beach for the completion of the
proposed Collins Park Garage. lt is our understanding that the prolect is at risk of
cancellation primarily due to the construction costs of the proposed design. As
locals, we know the great efforts the City has gone through, for over ten years, to
assemble and entitle this property in an effort to provide much needed parking to
the public and neighboring businesses and institutions. After reviewing
numerous ground leases and development agreements between the City of
Miami Beach and local developers, we propose to develop the project, provide
the public amenity to the residents of Miami Beach, reimburse the City the $1.8
Million spent to date on the design and entitlement, and dramatically reduce the
City's future financial contribution.
As with The Lincoln Garage, Goldman's Ballet Valet Garage, the new Sunset
Harbor Garage, and others, the City has a long and successful history of working
with partners to develop much needed parking garage facilities strategically
located throughout the city. We propose to enter into a similar arrangement with
the City of Miami Beach, to bring private funding to finance the vast majority of
the project, deliver it as designed, include some additional ground floor retail, and
ultimately own and operate the facility under a long term Ground Lease
Agreement. ln addition to the public amenity, this solution would provide annual
ground lease payments, percentage rent payments over iime and ad vaiorem tax
payments to the City. Due to the advanced level of design work that has been
completed to date, we are confident we can execute this plan quickly, break
ground in 2016, and deliver the completed project in 2018.
We propose to provide the City with all 466 parking spaces currently included in
the design, a completion date in 2018, and to finance the remainder of the design
phase and the majority of the construction costs. We would ask for a
contribution from the City for certain public and municipal improvements - we
estimate the City's contribution to be $6.5 Million, which would allow for a
1680 Michigan Ave., Ste. 1001, Miami Beach, FL 33139 . 786.276.2387'seth@gadinsky.com .
www.gadinskyrealestate.com
1069
reallocation of $18.5 Million to alternative citywide parking and transportation
initiatives ($1.AfU would be repaid upon closing and then $6.5M would be
contributed during construction). We recognize that it is important to the City to
maintain the integrity of the world class design proposed by Zaha Hadid
Architects and we would continue to work with her throughout the remainder of
the design and construction phases.
We thank you for your consideration in the matter and look fonruard to discussing
how to proceed with such an arrangement.
Sincerely,
Seth Gadinsky Glenn Boyer
Seth Gadinsky
Gadinsky Real Estate, LLC
Glenn Boyer
City Middle, LLC
1070
THIS PAGE INTENTIONALLY LEFT BLANK
1071
R9 - New Business and Gommission Requests
RgL Discussion Regarding Potential Air And Sea Show For Memorial Day Weekend
2017Morld Outgames.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem Rg I
Date {-z-tS1072
THIS PAGE INTENTIONALLY LEFT BLANK
1073
R9 - New Business and Commission Requests
R9M Annual Report Regarding Tennis Management.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem R9 M
Date {-2-lS1074
THIS PAGE INTENTIONALLY LEFT BLANK
1075
R9 - New Business and Commission Requests
RgN Discussion Regarding Extending Lanzo's Contract In Sunset Harbor To lncorporate The
Final Phase 2.
(Sponsored by Commissioner Michael Grieco)
Agenda ltem R9A,
p31g 4-Z-lf1076
Granado, Rafael
From:
Sent:
To:
Subject:
Please include this email in agenda item R9N
Grieco, Michael
Saturday, August 22,2015 8:31 AM
Granado, Rafael
Fwd: Sunset Harbour Neighborhood Improvements
ZVlecnatl Eruz&
MtAMtffiffi&S*t
MichaelC. Grieco
Commissioner
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel : 305-673-7 20 4 I F ax: 305-673-7096 / wwvr. m iam ibeachfl .oov
We are committed to providing excellent public seNice and safety to all who live, work and play in our vibrant, tropical, historic
community.
stGN uP FoR ouR NEWSLETTcn HERE
Begin forwarded message:
From: "Morales, Jimmy" <JimmyMorales@miami >
To : " Grieco, Michael " <MichaelGrieco @miamibeachfl . gov>
Cc: "Carpenter, Eric" <EricCarpenter@miami
Subject: Fwd: Sunset Harbour Neighborhood Improvements
Date: August 22,2015 at 8:24:39 AM EDT
Commissioner
FYI. Here is the information on the work and cost for phase II. Let us know if you have any questions or require
any further info. Thanks
Jimmy
Sent from my iPad
Begin forwarded message:
From: "Carpenter, Eric" <EricCarpenter@miamib >
Date: August 21,2015 at9:31:32 PM EDT
To: "Morales, Jimmy" <JimmyMorales@miamib >
Cc: "Taxis, Mark" <MarkTaxis@miamibea >
Subject: Fwd: Sunset Harbour Neighborhood Improvements
Mr. Manager,
1077
Below is the scope of work for the remainder of the Sunset Harbour project. This scope does not
include the approach for the West Ave Bridge on West Ave or the water main/bridge approach
on Dade Blvd that we have identified needs to be done. The total cost of the neighborhood work
is approximately $7.5 M inclusive of a contingency. I hope this information is helpful.
Respectfully,
Eric
Sent from my iPhone
Begin forwarded message:
From: "Rivas, Jose" <JoseRivas@miamibea
To: "Carpenter, Eric" <EricCarpenter@miamibe >
Cc: "Mowry, Bruce" <BruceMowrlz@miamibeachfl . gov>
Subject: Sunset Harbour Neighborhood Improvements
Eric,
Here is a general description of work not included in the current contract for
Sunset Harbour Proj ect :
The proposed improvements on Sunset Harbour will cover the following areas:
Purdy Avenue between Dade Boulevard and 20th Street
West Avenue between approximately 100 feet north of Dade Boulevard to 20th
Street
18th Street between Purdy Avenue and Alton Road
The Design and Construction to provide an improve flood protection level of
service to the area will include raising the roadway elevations to 3.70 feet NAVD.
In order to accomplish this task contractor will remove existing curb and
sidewalk, mill existing pavement and raised the road installing new limerock
base, new asphalt, new curb and gutters and sidewalks. Contractor will build
retention walls to provide access from the raised road to existing property
entrances. Contractor will harmonize exiting driveways where needed and rebuild
brick pavers crosswalks. Contractor's work also includes, the removal of some
trees identified as not in good condition and provide new irrigation and landscape.
Contractor will provide street lighting and pavement marking and signalization.
Contractor will adjust existing drainage structures and provide additional yard
drain connections to City's drainage system in order to prevent rainfall flooding in
lower sidewalk areas.
Le t me know if you need additional information.
Thank you,
MIAMIBEACH
Jose Rivas,P.E., Civil Engineer III
PUBLIC WORKS DEPARTMENT, Engineering Division
1078
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7080 I Fax:305-673-
7028 I www.miamibeachfl.sov<http://www.miamibe >
We are committed to providing excellent public service and safety to all who live,
work and play in our vibrant, tropical, historic community.
P Before you print this email,consider the negative environmental impacts
associated with printing.
<Susnet Harbour Improvement phase 2.pdf>
1079
R9 - New Business and Commission Requests
Report On The City Of Miami Beach Action Plan For Special Needs Residents During A
Hurricane Or Other Emergency.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Emergency ManagemenVHousing & Community Services)
(Report requested on June 10,2015 - RgR)
Agenda ttem Rt Ooate--?-7-If1080
THIS PAGE INTENTIONALLY LEFT BLANK
1081
R9 - New Business and Commission Requests
RgP Discussion And Update Regarding Undergrounding Of FPL Lines In The Venetian
lslands And Citywide.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Legislative Tracking: Public Works)
(ltem requested on July 8, 2015 - RgL)
Agenda ltem R4 P
Date 4-Z-lS1082
THIS PAGE INTENTIONALLY LEFT BLANK
1083
MIAMIBEACH
Ciry of ,6iomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: September 2,2015
SUBJECT: Storm Water Pump Stations
BACKGROUND
On July 8,2015, the City Commission adopted Ordinance 2015-3952, to exempt DRB review for
the installation of storm water pump stations (ltem RSF). Although the Ordinance precludes
DRB review of the actual pump stations, the screening of such pump stations would still require
the review and approval of the DRB under a Citywide Master Screen Plan for pump stations
located outside of the boundaries of a local historic district.
Additionally, the City Commission requested that the Administration develop an internal
approval protocol for all future pump stations, so that aesthetic issues can be taken into
consideration, in addition to minimum engineering requirements. A discussion regarding this
internal protocol was placed on the July 31 , 2015 Commission agenda and continued to a date
certain of September 2,2015.
ANALYSIS
The following standard guidelines will be incorporated into the Public Works Manual and will be
followed for allfuture pump station installations:
1) A plan and architectural drawing will be developed foreach pump station identifying
the proposed pump station location and specific architectural screening treatment;
2) The location will be approved by the Director of Public Works and the Planning
Director, or designee;
3) The Planning Director, or designee, will review and approve the landscaping and
screening plan, in accordance with the master screening plan approved by the
Design Review Board;
4) The placement of the of the pump station shall, to the greatest extent possible,
minimize any negative aesthetic impacts on adjacent properties and the surrounding
neighborhood, but shall be located in a manner that optimizes drainage;
5) The approved plan and architectural sketch or rendering will be presented at a public
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City C
1084
Commission Memorandum
Storm Water Pump Procedures
September 2, 2015 Page 2 of 2
meeting prior to the commencement of the proposed work;
6) Notice of the public meeting will be provided in writing to any registered
Neighborhood Association, as well as abutting property owners;
7) Evidence of these tasks will be maintained in the project files for auditing purposed.
As indicated previously, the City has retained the services of an architect to assist in developing
methods to screen and create approximately three different concepts using landscaping,
architecture screening walls and modification of construction practices for electrical panels to
reduce the visual impact of these storm water pump stations. The development of these
approaches are anticipated to be completed within the next three months, at which time an
application will be made to the Design Review Board (DRB) for final approval.
CONCLUSION
The Administration recommends that the City Commission discuss the proposed location
protocol and provide appropriate policy direction.
,r*nffL"
T:\AGENDA\2015\September\Pl-ANNING\Storm Water Pumps Procedures - MEM.docx
1085
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: August 25,2015
SUBJECT: Agenda item for the September 2,2015 City Commission Meeting
Please place on the September 2nd City Commission agenda a discussion related to
making sure our City's website is bilingual.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
t {1 i i ,tffitr & &s x
Aide to Commissioner Micky Steinberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7103 / Fax: 305-673-7096 / www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Agenda ltem RlR- o^t"W1086
THIS PAGE INTENTIONALLY LEFT BLANK
1087
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: August 25,2015
SUBJECT: Agenda item for the September 2,2015 City Commission Meeting
Please place on the September 2,2015 City Commission agenda a discussion item
regarding a potentialtennis event in North Beach and other areas of Miami Beach.
Please see the attached presentation.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
MiA&,,IIS&AGffi
Aide to Commissioner Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commiffed to providlng excellent public service ond sofel'fo oll who live, work, ond ploy in our vibronf, 't'ropicol, historic communitv.
Agendaltem R99
Date 9-2-lS1088
,-,;i--.
+r1,,,#
:{i:.::],,i]].:.:i -1089
1090
1091
1092
od?, EF.=uEt odcrcF.g
=
qEa(JhEE .o g
Yro';q
=5 Aa SEE b* b
?=^'=C.
"EEq :i !u9uL-rF c!1 Fd F
L
E,}
I
L
,aC
=
ILF
:o
q)*,
o6'--
,ol,,(J
,9
3blul2oro'; .c
=L-o-J
-(J
oux
qF'=
dlL!
=(Eoj-i qJ C6 F.o
OEo(J=Eo €hO<-
=91o(J;vL-ecC)(]
LAra
ULLn^
=# .g:iF
rXUEOtr,q trEu6 F
odoo-
(uo
OJCFo!'aLC
=Io(J
O(o
hEO;:=9
UUU
F C El
:o
co
€ qa 5 =Ec,=-o.NX9
COq,^L:IL:if o- E.sFl(.)llo.O--(,'aXo oE:-trY* -Eorro:-g;=iuoE:Y(J;Y E; E 3o'=f;1!=FFHX ==rial(E-uOru.y-Lt>-F9ool >o
o-:o=
OCB.s.o_oE
eC,
EULO,OJ
oi
=d
0)C
-c,^eEA(f-:6(o-=cJoJ=-cqJ-c-Q.NX2coq,^L:/:e io- =.9i-l-(JvoLO_tlo-ko oE;E;; E.Eiiqo= fiu'"-Y i; F 3
U - ) ^tLCP
rhniru-vOF E 5-o bl = 5
:0J
_9i:tBtr(6.=GioJc) _c: ;e .Il ,, : :6P-=
=5b:lra=o
-CYr{+.E E T"EFi'rFro
^ v'i '^
t-=H;
L:;''imFESo-bl
::::, >*
.,:.'QJ
,,:, Ot::tstr(o.1*0)cJql -c r::C .No9,a:
=5io:rn:==vu^u
-CYPk:5p-Y )j nncF-droo--Cq
-
L
-dll d.o o
:Fvg
1093
1094
.fi
$ff1095
1096
THIS PAGE INTENTIONALLY LEFT BLANK
1097
ISSION MEMORANDUM
Mayor Philip Levine and Members the City rssron
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015
SUBJECT: STATUS OF FRANCHISE UTILITIES UNDERGROUNDING.SUNSETISLANDS3&4
On February 8, 2012 the Mayor and City Commission approved Resolution No. 2012-27842 for the
creation of an Special Assessment for Undergrounding of Utilities and allowing Sunset lslands 3 & 4
HOA to conduct elections for the special assessment.
On September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-28749,
pursuant to Request for Proposals No. 2014-051-SR, authorizing the Mayor and City Clerk to execute
an agreement with Ric-Man lnternational, lnc., for design/build services for Neighborhood No. 8:
Sunset lslands 3 & 4 Right-of-Way lnfrastructure lmprovements. The scope of services consists of
Right-of-way improvements, as well as the installation of conduits for the future undergrounding of
franchise utilities.
The City of Miami Beach and FP&L are in the process of finalizing the Undergrounding agreements for
the acquisition of material to be installed by the Design-Builder and for the future undergrounding of the
FP&L System. The contractor is ready to begin the installation of the water main and the franchise utility
conduits required for the system undergrounding.
ln orderto advance the undergrounding, the FP&L materialis required to be installed concurrentlywith
the water main. The City is currently working with FP&L to enable the fast track acquisition of the
required materials prior to presenting the Undergrounding Agreements for approval to Commission.
Administration is seeking direction on how to procure the required FP&L. One option will be to
purchase the material directly from the FP&L supplier. Another option is issuing a letter of
understanding or similar instrument with FP&L to supply the material ahead of executing the
undergrounding agreements. This action will avoid the added cost to the project for installing the FP&L
conduit at a later date.
JM/#/S
Agenda ltem R4TDate QZ4{1098
THIS PAGE INTENTIONALLY LEFT BLANK
1099
R1 0
CITY ATTORNEY REPORTS
1100
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
(
FRoM: Raul Aguila, City Attorn"rA.l_0yJ -
DATE: September 2,2015
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
1. Pedro J. Garcia vs The Citv of Miami Beach, et al.. Case No. 15-14329 CA22
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action for Declaratory Relief in connection with the V.A.B. adoption
of the recommendation of the Special Magistrate's determination that the
valuation of the real property located at 340 23 Street, Miami Beach, Florida is
zero. The Summons and Complaint for Declaratory Relief were served on the
City on July 29, 2015.
The City's Answer, Affirmative Defenses and Counterclaim was timely filed.
2. Positive Solutions. LLC vs Jose Miquel Moreno. etc. et al.. Case No. 15-16703
luOiciai Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 15964 SW
102 Lane, Miami, Florida. The Summons and Verified Complaint were served
on the City on July 29, 2015.
The City's Answer and Affirmative Defense, asserting satisfaction of lien was
filed on August 6,2015.
3. Rachel Fleischmann vs Cookies & Crackers, etc. et al., Case No. 15-15249
CA 21 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to quiet title on real property located 1680 NE 191 Street, Unit
209-2, North Miami Beach, Florida. The Summons and Complaint were served
on the City on July 29, 2015.
The City's Answer and Affirmative Defense was filed on August 6, 2015.
Agenda ttem Rl0ADate cl -2-l{1101
City Attomey's Repoft
September 2, 2015
Page 2
Case No. 15-016900 CA 01 (Circuit Court - 11
Miami-Dade County, Florida)
RA\SR\EB\T
F :\ATTO\MOFF\AAOFF\F I LE.#S\20 1 s\Status Report CAO 0902 1 5. docx
vs Roosevelt Case No. 15-17439
CA 24 (Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 750 Collins
Avenue, Unit 203, Miami Beach, Florida. The Summons and Second Amended
Verified Complaint were served on the City on August 6,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 13,2015.
Trust 1. etc.. vs lnna Klavkina. et al., Case No. 15-17675 CA 13lsesv ls. vt gtr. vggv !!v. lv L v, v vi
(Circuit Court - 11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 11655 NE
18 Drive, Miami, Florida. The Summons and Verified Complaint were served
on the City on August 18, 2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes will be timely filed.
V.
Judicial Circuit in and for
Plaintiff is alleging that on December 12, 2014, a City of Miami Beach
employee, was operating a 2011 ambulance at or near the intersection of
Abbott Avenue (SR A1A) and 71"t Street (SR 934) in Miami Beach when he
negligently operated and/or maintained said vehicle so that it collided with the
Plaintiff, resulting in injury, wage loss and loss of consortium. We shall file our
answer and propound discovery to the Plaintiffs. The police report of the crash
indicates that the ambulance had its light and sirens on when it entered the
intersection and the Plaintiff, driving a yellow cab, failed to yield the right of
way to an emergency vehicle transporting a stabbing victim to Ryder Trauma
Center.
1102
R10 - Citv Attornev Reports
R10B Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be
Held During Recess Of The City Commission Meeting On Wednesday, September 2,
2015, ln The City Manager's Large Conference Room, Fourth Floor, City Hall, For A
Discussion Relative To Collective Bargaining.
Agenda ltem R[08
Date {-2-[S1103
THIS PAGE INTENTIONALLY LEFT BLANK
1104
REPORTS
AND
INFORMATIONAL ITEMS
1105
1. Reports and lnformational ltems
(see LTC 334-201 5)
Agenda ltem IDate-4:TK1106
THIS PAGE INTENTIONALLY LEFT BLANK
1107
LETTER TO COMMISSION 329-2015
To: Moyor Philip Levine ond Members of the City Commission
From: Jimmy L. Moroles, City Monoger
4hDote: September 2, 2015
Subiect: List of Proiects Covered by the Cone o{ Silence Ordinonce
ln on effod to disseminote informotion to elected officiols ond Clty stoff relotive to projects thot ore
covered by the requirements of the City's Cone of Silence Ordinonce, following is o list of oll current
solicitotions (i.e., lnvitotion for Bids ("Bids"), Request for Proposols (RFPs), ond Request for
Quolificotions (RFQs), thot, to dote, ore covered by the ordinonce. Pleose note thot the Cone o{
Silence is in effect {rom the dote the solicitotion is odvertised, os indicoted below, through dote of
oword by the City Commission.
20 1 5-r 63-RFP-LR 04/17 /2015 City Website Design, Development ond
implementotion IT
20r 5-135-RFP-WG 04/21/2015 Porking Meter Collection Services Porking
2015-146-RFP-YG 04/21/2015 Porking Aftendonls Porking
20r 5-r 33-RFP- YG 05/0s/2015
Design/Build Services {or Neighborhood No.
B: Centrol Boyshore South Right-of-Woy
I n{rostructu re
CIP
20 t 5-145-ITB-AK 0s/05/2015 Emergency Boord Up ond Security Services CIP
20r5-r 44-RFQ- YG 05/08/2015 Public ln{ormotion Outreoch Services on Right
of Woy ond Focilities Construction Proiects
CIP ond
Public Works
20 '15-160-RFQ-YG 05/08/201s Constructobility, Cost, ond Volue Engineering
Review Services CIP
2015-013-RFP-LR 0s/08/201s Security Officer Services Emergency
Monogement
2015-176-RFP-JR 05/11/2015 Elevotor lnspeciions ond Plons Review Services Building
Agenda ltem IDate---vz<1108
? t';* l2
20I5.I7B.RFP-WG 05/14/201s
lnstollotion ond Operotion of Citywide
Automoted Teller Mochines (ATM) oi
vorious City-Owned Properlies ond
Focilities
Tourism, Culiure ond
Economic Development
2015-182-lTB-JR 0s/27 /2015 City Holl HVAC & VFD Replocemeni Property
Monogement
2015-137-rTB-AK 06/04/2015
Pour in Ploce Ployground Surfoces ond
Bonded Aggregote for Londscoped
Areos
Porks ond Recreotion
20r 5-t 95-RFP-LR 06/09/201s Heohh Core Benefits Consuliont Services Humon
Resou rces
2015-210-rrB-WG 06/10/2015 Miomi Beoch Golf Club Cort Poth
Replocement Porks ond Recreotion
2015-201-tTB-WG 0B/9/201s
(Tentotive)
Leose of Golf Course Turf Mointenonce
Equipment Porks ond Recreotion
20,l5-l I 7-|TB-MT 07/01/2015
Ann uol I nspection, Testing, Cerii{icotion
Repoirs ond Mointenonce for the
Citywide Fire Sprinkler Systems, Fire
Pumps, Stondpipes ond Fire Bockflow
Preventers
Properiy
Monogemeni
20r 5-r OO-|TB-YG 07 /06/2015
Directionol Bore Services {or Electricol
Sireet Lighting Conduits ond Woter
Services For Woter Meters
Public Works
20r 5-r 9r -rTB- YG 07/08/2015 South Pointe Pork Woler Feoture
Rehobilitotion CIP
20,l5-177-RFP-JR 07 /10/2015
Electricol Vehicle Chorging Stotions for
the City's Porking Focilities, Porking
Goroqes ond Surfoce lots.
Environmentol ond
Sustoinobility
2015-200-tTB-JR 08/09/2015
(Tentoiive)
Purchose of Heoiing, Ventilotion ond Air
Condiiioning (HVAC) Ports ond
Equipmeni
Property Monogement
2015-205-RFP-WG 07 /13/2015
Monogemeni ond Operotion o{
Concession Locoted Eost o{ Collins
Avenue Neor Both 2l st ond 46th Street
Tourism, Culiurol, ond
Economic Development/Reol
Estote
2015-211 -RFQ-KB 07 /10/2015
Architecturol ond Engineering Design
Services {or Nodh Shore Open Spoce
Pork
CIP
2015-213-RFQ-KB 07 /10/2015
Preporotion of Environmentol Anolysis
for the Miomi Beoch Component of the
Beoch Corridor Tronsit Connection
Proiect ond
for Review ond Evoluotion of Reloted
Proposols os Necessory
Tronsportoiion
20r5-206-RFQ-KB 07 /10/2015 Roofing Consu hont Services Propedy Monogement
20r5-240-RFQ-KB 09/04/201s
(Tenlotive)
Archiiecturol ond Engineering Design
Services for ihe Future Community Pork
Proiect
CIP
20r5-245-RFQ-KB 09/04/2015
(Tenlotive)
Architecturol ond Engineering Design
Services for the Lincoln Rood District Porking
1109
F:;: l3
Pleose note thot lTBs, RFPs, ond RFQs ore being issued on o doily bosis. Therefore, it is recommended
thot you or your stoff view the list of proiects under the Cone of Silence on o regulor bosis. Should
you hove ony questions or need odditionol informotion, pleose feel free to contoct me.
F: \PURC\.IALL\REPORIS\We ekly Re p o rts / J u n e I 9 Con e LfC
2015-215-tTN-ME 09/04/2015
(Tentotive)
Portnering with The City to Develop
Porking Along the Woshington Avenue
Corridor
Porking
2015-258-RFP-MT 09/04/2015
(Teniotive)
Collection ond Disposol of Residentiol
Solid Woste, Yord Trosh, Bulk Wosle,
ond Operotion of the City's Green
Woste Focilitv
Sonitotion/Pu blic Works
20I5.XXX-ITB-KB 09/08/2015
(Tentotive)
Repoir And Replocement of Seowolls,
Continuing Service Public Works
1110
THIS PAGE INTENTIONALLY LEFT BLANK
1111
MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
TO:
FROM:
DATE: September 2,2015
SUBJECT: REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WITHIN (6) SIX MONTHS FROM REFERRAL DATE.
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withd rawn.
Attached is a list of item(s) that were automatically withdrawn for September 2015:
Neiqhborhood/Gommu n itv Affairs Gommittee
There are no items to be automatically withdrawn at this time'
Finance & Citvwide Proiects Commiftee
There are no items to be automatically withdrawn at this time'
Sustainabilitv & Resiliencv Committee
There are no items to be automatically withdrawn at this time.
Land Use & Development Committee
1. Discussion On Possible Amendments To Chapter 6 And Chapter 142 Ot The City Code.
(Requested by Commissioner Jonah Wolfson/September 10,2014 Commission Meeting, ltem C4O)'
2. Discussion Regarding The Philosophy Behind Parking lmpact Fees.
(Sponsored By Commissioner Jonah Wolfson/November 19,2014 Commission Meeting, ltem C4J)
JLM/REG
T:\AGENDA\201S\September\Committee ltems Removed after 6 months.docx
Agenda ltem
Date
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Jimmy L. Morales, City Manag - r/ry h
1112
THIS PAGE INTENTIONALLY LEFT BLANK
1113
RDA
1114
Condensed Title:
REDEVELOPMENT AGENCY ITEM SUMMARY
PUBLIC HEAR]NG
A Resolution of the Miami Beach Redevelopment Agency (RDA), Accepting the Recommendation of the Finance and Citywide Projects
Committee; Waiving the Competitive Bidding Requirement; and Approving and Authorizing the RDA to Enter a Lease Agreement with
Artconnection lnternational, lnc. (Tenant), in Connection with the Use of Suite No. 6 at the Anchor Shops, Located at 100 16th Street, Suite No.
6, (Premises); for an lnitial Term of Five (5) Years, Commencing on November 12,2015, with Two Renewal Options (at Tenant's Option), of
Three (3) Years and One (1) Year and 364
Ensure iture Trends Are Sustainable Over The Lonq Term
Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the
best places to do business and 610/o of the same group would recommend Miami Beach as a place to do business.
Item Summary/Recommendation :
The Miami Beach Redevelopment Agency (RDA) currently has a retail lease with ArtConnection lnternational, lnc. (Tenant) for the use of 721
square feet of space at the Anchor Shops, located at 100 16"' Street, Suite No. 6, Miami Beach, Florida (Premises) for a term of approximately
eleven (1 1) years, expiring on November 11,2015, without any renewal options. On March 11 ,2015, the RDA board adopted Resolution No.
612-2015, accepting the recommendation of FCWPC (February 2, 2015 meeting), and approving a new retail leasewith Tenant. Subsequentto
the March 11,2015 meeting, Staff recalculated the total estimated cost of operating expenses for the Premises at $8.81 per square foot (PSF),
and Staff and Tenant negotiated revised terms. Below is a breakdown of the terms approved at the March 1 1 ,2015 RDA meeting and the new
negotiated terms:
Adopted Proposed for
March 11,2015 September 2,2015
lnitial Lease Term:Nine (9) Years 364 Davs Five (5) vears
Renewal Option:
None
Two renewal options (at Tenant's option), o1
three (3) years and one (1) year and 364
davs. resoectivelv.
Base Rent:The Base Rent shall be $65.00 per square
foot, payable in monthly installments of
53.905.42. olus aoolicable sales tax.
The Base Rent shall be $62.00 per square
foot, payable in monthly installments of
$3,725.17, plus applicable sales tax.
Base Rent
lncreases:
Three percent (3%) or CPI annual
increases, whichever is greater, plus an
increase to market value after the first 5
VEATS
Three percent (3%) or CPI annual
increases, whichever is greater, plus an
increase to market value at each renewal
ootion.
Operating Expenses
Pass-Through:Tenant shall pay its proportionate share of
Property Taxes and lnsurance costs for
the Anchor Shops and Parking Garage.
$1.46 per square foot payable in monthly
installments of $87 .72.
Tenant shall pay its proportionate share of
Property Taxes, lnsurance, and Common
Area Maintenance costs for the Anchor
Shops and Parking Garage. $8.81 per
square foot payable in monthly installments
of $529.33.
Security Deposit:Two months base
$7,810.83
Two months gross
$8,509.02
(inch rdino Oneratino Fxnenses\
Personal Guaranty:Tenant's responsibilities under the Lease
shall be personally guaranteed by
individual owners and/or officers.
None
The Administration recommends the waiver of the competitive bidding requirement and the approval of the lease agreement.
The Finance and Citywide Projects Committee (FCWPC) considered this item at their February 2, 105 meeting and recommended the RDA
approve and enter into a Lease Agreement with Art Connection lnternational, lnc. for Unit No. 6 at the Anchor Shops for one term of nine (9)
and 364 davs with a reassessment of rent after the fifth fair market rent rate for the remainder of the lease.
Financial lnformation:
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary: See above summary.
E MIAMIBEACH roexoa nEn l A
DATE i1,,71115
MIAMIBEACH
Cify of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
REDEVE LOPME NT AGE NCY MEMORAN DUM
TO: Chairperson and Members of the M
FROM: Jimmy Morales, Executive Director
DATE: September 2,2015
ent Agency
PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAM!
BEAGH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE; WAIVING THE COMPETITIVE BIDD!NG REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE RDA; AND
APPROVING AND AUTHORIZING THE CHAIRPERSON AND SECRETARY TO
EXECUTE A LEASE AGREEMENT WITH ARTCONNECTION INTERNATIONAL,
rNc. (TENANT), lN CONNEGTTON WITH THE USE OF SUTTE NO. 6 AT THE
ANCHOR SHOPS, LOCATED AT lOO 16TH STREET, SUITE NO. 6, MIAMI
BEACH, FLORIDA (PREMISES); SAID LEASE HAVING AN lNlTlAL TERM OF
FtvE (5) YEARS, COMMENCTNG ON NOVEMBER 12, 2015, W|TH TWO
RENEWAL OPTTONS (AT TENANT'S OPTION), OF THREE (3) YEARS AND
oNE (1) YEAR AND 364 DAYS, RESPECTIVELY.
BACKGROUND
The Miami Beach Redevelopment Agency (RDA) currently has a retail lease with ArtConnection
lnternational, lnc. (Tenant), for the use of 721 square feet of space at the Anchor Shops, located
at 100 16th Street, Suite No. 6, Miami Beach, Florida (the Premises). The Premises is part of a
project which has a parking garage and approximately 20,639 square feet of ground retail space
(collectively, Anchor Garage and Shops), located on 16th Street, between Collins Avenue and
Washington Avenue. ArtConnection was originally created by a husband and wife team, Mario
and Gabriella Provenzano, selling custom designed jewelry from Switzerland and other small
European gift items.
ln June 2004 the Provenzanos advised the City they were pursuing divorce and the City and
RDA ultimately approved Resolution No. 492-2004, which approved a new Retail Lease
Agreement with ArtConnection, with Gabriella Provenzano, as Owner, for a term of
approximately eleven (11) years. The lease expires on November 11,2015 and does not have
any renewal options.
ANALYSIS
ln anticipation of the lease expiration, the City, on behalf of the RDA, began discussions and
negotiations with the Tenant during the summer of 2Q14. Tenant presented staff with a letter of
intent (Tenant's Offer) in connection with the execution of a new lease with the RDA for the
Premises, based upon the following material terms and conditions: 1. a lease term of 9 years
and 364 days, commencing on November 12,2015 and ending on November 11, 2025;2. the
Minimum Rent, commencing at the initial rate of $65.00 per square foot for the first year, with
1116
Redevelop me nt Age n cy Memora nd u m
Anchor Shops - New Lease Agreement
September 2, 2015
Page 2 of 3
annual escalations by the greater of 3o/o or CPI; 3. operating expenses (Operating Expenses),
including common area maintenance (CAM), adjustable every year, commencing year 2; and 4.
a guaranty of the lease by Tenant.
The Finance and Citywide Projects Committee (FCWPC) considered Tenant's Offer at their
February 2,2015 meeting and recommended acceptance of Tenant's Offer and directed Staff to
finalize a new retail lease, for approval by the RDA board.
on March 11,2015, the RDA board adopted Resolution No. 612-2015, accepting the
recommendation of FCWPC, and approving a new retail lease with Tenant with additional
conditions of annual rent increases by the greater of CPI or 3o/o, a rent increase to market rates
after 5 years, and a nominal buyout provision.
Subsequent to the March 11, 2015 meeting, Tenant requested the waiver of the personal
guaranty requirement, in light of Tenant's good standing with the City during the previous fifteen
years. At the same time, Staff was reviewing the operating expenses for the facility and
recalculated said estimated cost at $8.81 per square foot (PSF), itemized as follows:
Real Estate Taxes:
lnsurance:
Common Area Maintenance:
TOTAL:
$7.44
$ 0.54
$ 0.87
$ 8.81
Staff and ArtConnection negotiated revised terms, which included a decrease in the amount of
the initial Base Rent, to offset the revised increase in the estimated operating expenses (from
$1.46 PSF to $8.81 PSF), with a reduction in said initial Base Rent by $3.00 PSF (from $65.00
PSF to $62.00 PSF); the waiver of the personal guaranty requirement; and the modification of
the lease term, from a nine (9) year 364 day term to an initial term of five (5) years with two (2)
renewal options, including a fair market rent adjustment at the beginning of each option term;
however, the Base Rent increase during each renewal option term shall not be less than the
previous Lease Year's Base Rent plus a 3% escalation. Following is a comparison of the basic
terms and conditions of the revised lease:
Adopted Proposed for
March 11,2015 ber 2,2015
lnitia! Lease
Term:Nine (9) Years 364 Days Five (5) years
Renewa! Option:
None
Two renewal options (at Tenant's
option), of three (3) years and one
(1) vear and 364 davs. resoectivelv
Base Rent:The Base Rent shall be $65.00 per
square foot, payable in monthly
installments of $3,905.42, plus
aoolicable sales tax.
The Base Rent shall be $62.00 per
square foot, payable in monthly
installments of $3,725.17, plus
aoolicable sales tax.
Base Rent
lncreases:
Three percent (3%) or CPI annual
increases, whichever is greater,
plus an increase to market value
after the first 5 years
Three percent (3%) or CPI annual
increases, whichever is greater,
plus an increase to market value at
each renewal option.
Operating
Expenses Pass-
Through:
Tenant shall pay its proportionate
share of Property Taxes and
lnsurance costs for the Anchor
Shops and Parkino Garaoe. $1.46
Tenant shall pay its proportionate
share of Property Taxes, lnsurance,
and Common Area Maintenance
costs for the Anchor Shops and
1117
Redeve lop me nt Age n cy Me morandu m
Anchor Shops - New Lease Agreement
September 2, 2015
Page 3 of 3
per square foot payable in monthly
installments of $87.72.
Parking Garage. $8.81 per square
foot payable in monthly installments
of $529.33.
Security
Deposit:Two months base
$7,810.83
Two months gross
$8,509.02
(includinq Operatino Expenses)
Personal
Guaranty:
Tenant's responsibilities under the
Lease shall be personally
guaranteed by individual owners
and/or officers.
None
CONCLUSION AND RECOMMENDATION
the Administration recommends waiving the competitive bidding requirement, finding said
waiver to be in the best interest of the RDA; and approving the lease agreement, attached
hereto and incorporated herein by reference as Exhibit A, between the RDA, as landlord, and
ArtConnection, as Tenant, for the use of the Premises, which lease incorporates the
recommendations of the FCWPC, the amendments made by the RDA board during the March
11,2015 RDA meeting, and the modifications negotiated by the Administration, for a term
commencing on November 12,2015 and ending on November 11,2020, with two options to
renew (at Tenant's option), of three (3) years and one (1) year and 364 days, respectively.
JLM/KGB/#16/MMM/RJGIYV
Exhibit:
A - Draft Lease Agreement
T:\AGENDAI2015\SEPTEMBER\TCED\UNIT 6 ARTCONNECTION LEASE RDA\UNIT 6 NEW LEASE RDA MEMO 2015 (MM).DOC
1118
RESOLUTION NO.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATIONS OF THE FINANCE AND CITYWTDE PROJECTS
COMMITTEE; WAIVING THE COMPETITIVE BTDDING REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE RDA; AND
APPROVING AND AUTHORIZING THE CHAIRPERSON AND SECRETARY TO
EXECUTE A LEASE AGREEMENT WITH ARTCONNECTION
INTERNATIONAL, tNC. (TENANT), tN CONNECTTON WITH THE USE OF
SUITE NO. 6 AT THE ANCHOR SHOPS, LOGATED AT 1OO 16TH STREET,
SUITE NO. 6, MIAMI BEACH, FLORIDA (PREM!SES); SA|D LEASE HAVTNG
AN INITIAL TERM OF FIVE (5} YEARS, COMMENCING ON NOVEMBER 12,
2015, WITH TWO RENEWAL OPTIONS (AT TENANT'S OpTtON), OF THREE
(3) YEARS AND ONE (1) YEAR AND 364 DAYS, RESPECTIVELY.
WHEREAS, the Miami Beach Redevelopment Agency (RDA), successor-in-interest to MB
Redevelopment, lnc., currently has- a lease with ArtConnection lnternational, lnc. (Tenant), for the
use of space located at 100 16th Street, Suite No.6, Miami Beach, Florida 33139; having
approximately 721 square feet of retail space (the Premises), which lease will expire on November
11,2015; and
WHEREAS, Tenant presented staff with a letter of intent (Tenant's Offer) in connection with
the execution of a new lease with the RDA for the Premises, based upon the following material
terms and conditions: 1 . a lease term of g years and 364 days, commencing on November 12,2015
and ending on November 11,2025;2. the Minimum Rent, commencing at the initial rate of $65.00
per square foot for the first year, with annual escalations by the greater of 3o/o or CPI; 3. operating
expenses (Operating Expenses), including common area maintenance (CAM), adjustable every
year, commencing year 2; and 4. a guaranty of the lease by Tenant; and
WHEREAS, on February 2, 2015, Staff presented Tenant's Offer to the Finance and
Citywide Projects Committee (FCWPC) and recommended acceptance of Tenant's Offer and
directed staff to finalize a new retail lease, for approval by the RDA Board; and
WHEREAS, on March 11,2015, RDA adopted Resolution No.612-2015 accepting the
recommendation of FCWPC, and approving a new retail lease with Tenantwith additional conditions
of annual rent increases by the greater of CPI or 3o/o, a rent increase to market rates after 5 years,
and a nominal buyout provision; and
WHEREAS, Subsequent to the March 11,2015 meeting, Tenant and Staff continued to
negotiate terms and conditions, as Staff had recalculated the estimated Operating Expenses for the
Premises at $8.81 per square foot (PSF) and Tenant had requested the waiver of the personal
guaranty requirement, in light of Tenant's good standing with the City during the previous fifteen
years; and
WHEREAS, Staff and ArtConnection negotiated revised terms, which included: 1. a lease
term commencing on November 12,2015 through November 1 1 , 2020; with two renewal options, at
Tenant's option, for three (3) years and One (1) year and 364 days, respectively; 2. the Minimum
1119
Rent, commencing at the initial rate of $62.00 per square foot (PSF) for the first year, with annual
escalations by the greater of 3o/o or CPI; 3. operating expenses, including insurance, property taxes,
and common area maintenance, totaling $8.81 PSF, adjustable every year commencing year 2;4.
The waiver of the personal guaranty requirement; and 5. the inclusion of a termination for
convenience clause; and
WHEREAS, the Administration recommends waiving the competitive bidding requirement,
finding said waiver to be in the best interest of the RDA; and approving the lease agreement,
attached hereto and incorporated herein by reference as Exhibit A, between the RDA, as landlord,
and ArtConnection, as Tenant, for the use of the Premises, which lease incorporates the
recommendations of the FCWPC, the amendments made by the RDA board during the March 1 1,
2015 RDA meeting, and the modifications negotiated by the Administration.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS
OF THE MIAMI BEAGH REDEVELOPMENT AGENCY, that the Chairperson and Members of the
Miami Beach Redevelopment Agency hereby accept the recommendation of the City's Finance and
Citywide Projects Committee (FCWPC), waive the competitive bidding requirement, finding said
waiver to be in the best interest of the RDA; and approve and authorize the Chairperson and
Secretary to execute a lease agreement, attached hereto and incorporated herein by reference as
Exhibit A, with ArtConnection lnternational, lnc. (Tenant), in connection with the use of Suite No. 6 at
the Anchor Shops, located at 100 16th Street, Suite No. 6, Miami Beach, Florida (Premises), having
an initial term of five (5) years and two (2) renewal options (at Tenant's option), of three (3) years
and one (1) year and 364 days, respectively.
PASSED and ADOPTED this 2nd day of September,2Ol5.
ATTEST:
Rafael E. Granado, Secretary Philip Levine, Chairperson
JLM\KGB\MS\GNT
T:\AGENDA\201S\September\TCED\Unit 6 ArtConnection Lease RDA\Unit 6 New Lease RDA RESO 2015.doc
APPROVED AS TO
FORM & LANGUAGE
UTION
rfuhr
Dole
1120
LANDLORD:
TENANT:
DATE OF EXECUTION:
Miami Beach RedevelopmentAgency, a public body
corporate and politic
1700 Convention Center Drive
Miami Beach, Florida 33139
ArtConnection lnternational, lnc.
100 16th Street, Suite 6
Miami Beach, FL 33139
2015
ANCHOR SHOPS AT SOUTH BEACH
RETAIL LEASE
(D
1121
LEASE SUMMARY
The following is a summary of basic lease provisions with respect to the Lease. lt is an integral part of the
Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts as
stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part of
this Summary.
1. Date of Lease Execution:
2. "Landlord":
2015.
3. Landlord's Address:
Miami Beach Redevelopment Agency
The Executive Director shall be authorized to act on
behalf of Landlord. For purposes of managing this
Lease, the Tourism, Culture and Economic Development
Director shall be the Executive Director's designee.
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Max Sklar, Tourism, Culture and Economic
Development Director
with a copy to:
City of Miami Beach
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Legal Department
ArtConnection lnternational, lnc.
100 16th Street, Suite 6
MiamiBeach, FL 33139
100 16th Street, Suite 6
Miami Beach, FL 33139
As shown on Exhibit "B'
Approximately 721 square feet
Approximately 20,639 rentable square feet
3.493%
First+lass retail store selling costume jewelry that may
be made from or contains jewels and precious metal, but
is not considered fine Jewelry (and subject to the
prohibited uses described in Exhibit "D" to the Lease)
4. 'Tenant":
5. Tenant's Address:
6. Premises (section 1.1):
7. Gross Rentable
Area of Premises (section 1 .1 ):
Retail Space (section 1.1):
8. Tenant's Proportionate Share
(section 2.4) of the Retail Space:
9. Permitted Use of
Premises (section 3.1 ):
(ii)
1122
10. Term of Lease (section 1,1):
11. "Minimum Renf' (section2.2):
LEASE YEAR
1
2 - End of lnitial Term of the
Lease
RenewalOptions
"lnitialTerm of the Lease': Five (5) years
"Commencement Date":November 12,2015
"Rent Commencement Date": November 12,2015
"Expiration Date":November 11,2020
(subject to further extensions through the exercise of
the Renewal Options, pursuant to the terms set forth
herein)
"Renewal Options": Two (2) Renewal Options
"First Renewal Option" is for three (3) years,
commences November 12,2020, and expires
November 11,2023.
'Second Renewal Option' is for one (1) year and
364 days, commences November 12,2023 and expires
November 10,2025.
Tenant must notifo Landlord in writing, no later than one
hundred and eighty (180) days prior to the expiration of
the lnitial Term of the Lease or the term of any Renewal
Option, as applicable, of its intention to exercise a
Renewal Option. At the commencement of each
Renewal Option, the Minimum Rent shall be adjusted to
the then current Fair Market Rent.
ANNUAL MINIMUM RENT-
$44,702
See Note *
MONTHLY PAYMENT
(PLUS SALES TA)()
$3,725.17
See Note'
See Note'See Note'
* Beginning on November 12,2016, and at the beginning of each succeeding Lease Year thereafter during
the lnitial Term of the Lease and during the term of any subsequent Renewal Options, the Minimum Rent
shall be increased annually in increments of the greater of 3olo or the Consumer Price lndex (CPl) rate change
-All Urban Consumers (CPl- U.S. City Average All ltems, base year 1982-84 = '100 ('lnderf), as published
by he United States Deparhment of Labor, Bureau of Labor Statistics ("Annual Rent lncrease'). The CPI
increase calculation shall be determined by multiplying the Minimum Rent then being paid by a fraction, the
numerat6r of which shall be the CPI for the third month-preceding the month of adjustment, and the
denominator of which shall be the CPI for the fifteenth month preceding the month of adjustment.
Effective at the commencement of each Renewal Option term, Tenant's Minimum Rent shall be adjusted
('Renewal Option Rent Adjustment'), based upon the fair market rents in effect ('Fair Market Renf).
The Fair Market Rent shall be determined by Landlord, by securing the opinion of an independent and
licensed appraiser which will be retained by the Landlord at the Landlord's expense and discretion; however,
any Renewal Option Rent Adjustment shall not be less than, the Minimum Rent for the immediately prior
Lease Year plus the Annual Rent lncrease ('Fair Market Adjustment Procedure'). lf Tenant exercises a
Renewal Option, Tenant accepts the Fair Market Rent amount.
(iii)
1123
Minimum Rent shall continue to be payable in monthly installments as otherwise described above until
Landlord notifies Tenant of the new monthly Minimum Rent installment amount. Landlord shall attempt to so
notiff Tenant prior to the commencement of each adjustment date; however, failure of Landlord to timely
notify Tenant of the new monthly Minimum Rent installment amount shall not be deemed a waiver by
Landlord of the increased rental; the new monthly Minimum Rent amount (or any portion not previously paid)
shall be payable, retroactive to the commencement of the new adjustment date, upon notification by Landlord
to Tenant of the new monthly Minimum Rent installment amount.
12.
13.
Percentage Rental (section 2.3):
Prepaid Rent (section 2.2):
14. Security Deposit (section 2.7):
15. Cost Pass-Throughs
(Operating Expenses) (section 2.4):
LEASE YEAR
1
2 - End of Lease Term
lnsurance
Taxes
CAM
OPERATING EXPENSES
COST PER SQUARE FOOT"
$8.81
See Note "
$ 0.54
$ 7.44
$ 0.83
N/A
$4,552.32, including applicable sales tax (due upon
execution of Lease).
$8,509.02 (due upon execution of Lease), less any
existing deposit ftom the previous lease.
Proportionate Share of Property Taxes, lnsurance, and
Common Area Maintenance of the Anchor Shops and
Parking Garage.
OPERATING EXPENSES
MONTHLY/ANNUAL
PAYMENT
$529.34/$6,352.01
See Note *
The Ooeratino Exoenses for the first Lease Year comorise of the followino fioures:
$32.45/$389.34
w7.oa$5,364.24
$49.87/S598.43
" Beginning on November 12,2016, and at the beginning of each succeeding Lease Year thereafter during
he Term of the Lease and during the term of any subsequent Renewal Options, the estimated Operating
Expenses for the upcoming Lease Year shall be adjusted, as determined by Landlord in its sole discretion
and judgment, to reflect the Tenant's Proportionate Share of Properg Taxes, lnsurance, and Common Area
Maintenance incurred by Landlord during the previous Lease Year ("Operating Expense Adjustmenf).
Simultaneously with this adjusfnent, Tenant shall be responsible for paying any difference between the
Proportionate Share of estimated Operating Expenses paid by Tenant during the previous Lease Year and
the Proportionate Share owed by Tenant in connection with the actual Operating Expenses for the previous
Lease Year ('Operating Expense True-Up"). Controllable expenses, hereby defined as all expenses other
than property tiaxes, insurance and utilities shall be capped at no more than a five percent (5%) increase
above the previous Lease Year.
Operating Expenses shall continue to be payable in monthly installments as otherwise described above until
Landlord notifies Tenant of the new monthly Operating Expense Adjustment installment and True-Up
payment. Landlord shall attempt to so notify Tenant prior to the commencement of each Operating Expense
Adjustment date and Operating Expense True-Up amount, however, failure of Landlord to timely notify Tenant
of said Operating Expense AdjustmenUTrue-Up amounts shall not be deemed a waiver by Landlord of the
right to make said Operating Expense AdjustmenVTrue-Up; the new Operating Expense Adjustment or any
(iv)
1124
sums due pursuant to the Operating Expense True-Up for the previous Lease Year shall be payable,
retroactive to the effective date of said adjustment date, upon notification by Landlord to Tenant of the new
monthly operating Expense payment amount and the totral rrue-Up amount due.
16. Comprehensive General
Liability lnsurance (section 6.1): $2,OOO,OO0.OO
17. Monthly Promotional Charge
(section 13.1): N/A
18, Broke(s) (section 14.12): N/A
19. Completion Date for Tenant's Work
(section 5.1): N/A
20. Trade Name (section 3.1): ArtConnection lnternational, lnc.
(v)
1125
THIS LEASE (the "Lease"), dated the _ day of , 2015, is made between the
Miami Beach Redevelopment Agency, a public body corporate and politic (the'Landlord"), and ArtConnectlon
lntemational, Inc. (the "Tenanf').
RECITALS:
A. The Landlord is the fee simple owner of a certain facility (the "Facility'') conEining a
municipal parking garage and appurtenances conbining approximately eight hundred (800) parking spaces
(the "Garage") and certain retail space (the "Retail Space") located in an area bounded by Washington and Collins
Avenues in the proximity of 16th Street, City of Miami Beach, Metropolitan Dade County, Florida, as more particularly
described in Exhibit "A," aftached hereto and made a part hereof (the "Land"). The Landlord is the fee simple ouner
of the Land and the Facility.
B. Landlord and Tenant desire to enter into this Lease for a portion of the Retail Space, on
the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
ARTICLE I. TERM.
1.1 Grant Term. ln consideration of the performance by Tenant of its obligations under this Lease,
Landlord leases to Tenant, and Tenant leases from Landlord, for the Term, the "Prsmises." A site plan showing
the location of the Retail Space within the Facility, as well as the location of the Premises within the Retail Space,
is attached hereto and made a part hereof as Exhibit "B." The gross rentiable area of the Premises and Retail
Space shown on the Lease Summary do not represent accurate measurements of the square footage contained
in the Premises or the Retail Space, but are mere estimates.
The "Term" of the Lease is the period from the Commencement Date as specified in the Lease
Summary, through the Expiration Date, as specified in the Lease Summary.
1.2. Termination for Convenience bv Landlord. Notwithstanding any other term or condition in this
Lease, and effective no sooner than the commencement of the First Renewal Option Term, Landlord, through its
Executive Director, reserves the right to terminate this Lease, for convenience and without cause, and without
liability to Landlord, upon providing Tenant with prior written notice, at least 180 days prior to the effective date of
the termination for convenience.
1.3 Landlord's Work. Tenant acknowledges and agrees that it is accepting possession of the
Premises in as-is condition and that, except as othenrise expressly hereinafter set forth, Landlord has no
obligation to fumish, render, or supply any money, work, labor, material, fixture, equipment, or decoration wiUr
respect to the Premises. Landlord has caused the completion of the shell improvements to the Retail Space
(the "Shell lmprovements"), with Tenant responsible for all improvements, including any and all utility impact fees
and connection fees, charges, and/or deposits as may be required in connection with Tenant's Work, as
hereinafter defined.
1.4 Tenant's Work. Landlord acknowledges that the Tenant has made improvements to the
Premises and has had signage installed, pursuant to the terms of a prior lease ("Tenant's Work"), and as such,
Tenanfs Work is acceptable to Landlord, to the extent that same was properly permitted, and done in compliance
with all applicable building codes, and any other Municipal, County, State and Federal laws.
1126
ARTICLE II. RENT.
2.1 Covenant to Pav. Tenant shall pay to Landlord all sums due hereunder from time to time from the
Rent Commencement Date without prior demand, together with all applicable Florida sales tiax thereon; however,
unless othenrise provided in this Lease, payments other than Tenant's regular monthly payments of Minimum
Rent and Operating Expenses shall be payable by Tenant to Landlord within five (5) days following demand. All
rent or other charges that are required to be paid by Tenant to Landlord shall be payable at Landlord's address
indicated on the Lease Summary. Minimum Rent, Operating Expenses, and additional rent (which is all sums
payable to Landlord other than Minimum Rent and Operating Expenses) for any "Lease Yead' consisting of less
than twelve (12) months shall be prorated on a per diem basis, based upon a period of 365 days. 'Lease Yea/'
means the twelve (12) full calendar months commencing on the Commencement Date. However, the final Lease
Year may contain less than twelve (12) months due to expiration or sooner termination of the Term. Tenant
agrees that its covenant to pay rent and all other sums under this Lease is an independent covenant and that all
such amounts are payable without counterclaim, set-off, deduction, abatement, or reduction whatsoever, except
as expressly provided for in this Lease.
2.2 Minimum Rent. Subject to any escalation which may be provided for in this Lease, Tenant shall
pay Minimum Rent for the Term in the initial amount specifled in the Lease Summary, which, except for the first
installment, shall be payable throughout the Term in equal monthly instiallments in advance on the first day of
each calendar month of each year of the Term, such monthly installments to be in the amounts (subject to
escalation) specified in the Lease Summary. The first monthly installment of Minimum Rent shall be due on the
date of this Lease. The Minimum Rent described above shall be adjusted during the Term of this Lease as
provided in the Lease Summary.
2.3. PercentaoeRental. lntentionallyOmitted.
2.4 Operatino Exoenses: Prooertv Taxes. lnsurance. and Common Area Maintenance.
Tenant shall remit together with regular monthly payments of Minimum Rent, its proportionate share of estimated
Operating Expenses for the Premises, as determined by Landlord, in its sole discretion and judgment, including
Property Taxes, lnsurance, and Common Area Maintenance, in accordance with Section 15 of the Lease
Summary, and as more particularly described hereinafter.
Tenant's Proportionate Share means a fraction, the numerator of which is the square footage of rentable
space occupied by Tenant, and the denominator of which is the total square footage of rentable area in the Retail
Space as determined in Section I of the Lease Summary.
Tenant agrees and understands that the costs incurred for Operating Expenses may increase or
decrease and, as such, Tenant's Proportionate Share of Operating Expenses shall increase or decrease
accordingly.
2.4.1 Prooertv Taxes: Operating Expenses includes Tenant's Proportionate Share of the Retrail
Space's pro-rata share of the Property Taxes for the Facilig.
The term 'Proper$ Taxes" shall mean (i) the portion of real estate taxes, assessments, and special
assessments of any kind which may be imposed upon the Facility and (ii) any expenses incurred by the
Landlord in obtaining a reduction of any such taxes or assessments.
The term .Propefi Tax Yea/' shall mean the period of twelve (12) calendar months, beginning on
January 1d of each year.
Tenant shall pay its Proportionate Share of the Retail Space's pro-ratia share of the Property Taxes for
the Facility, as determined by Landlord, in its sole discretion and judgement, based upon the real estate
tax bill for the Facility, by determining the ratio of the assessed taxable value (as determined by the
Miami-Dade County Property Appraiser's Office) that the Retail Space has to the assessed taxable value
of the Facility. lf a Property Tax Year ends after the expiration or termination of the term of this Lease,
1127
the Property Tax Payment therefore shall be prorated to conespond to that portion of such Property Tax
Year occurring within the term of this Lease.
2.4.2 lnsurance. Operating Expenses shall also include Tenant's Proportionate Share of the
Retail Space's insurance costs for the Facility, as determined by the Landlord, in its sole discretion and
judgment, to be sufficient to insure and/or self-insure the Facility tor hazard, flood, windstorm, and liability
insurance for the following calendar year. Tenant acknowledges that Landlord may self-insure for any or
all of Landlord's lnsurance coverage's, including without limitation liability insurance. The Retail Space's
pro-rata share of the insurance cost shall be determined, based upon the ratio that the replacement value
of the Retail space has to the replacement value of the Facility. This insurance covercge is in addition to
the insurance required pursuant to Article Vl, which shall be obtained at Tenant's sole expense and
responsibility.
2.4.3 Common Area Maintenance ("CAM"). Operating Expenses shall also include Tenanfs
Proportionate Share of the Retail Space's pro-rata share of the Facility's CAM (as hereinafter defined)
costs, as determined by Landlord, in its sole discretion and judgment, from the Facility's CAM costs. The
Retail Space's pro-rata share of the CAM costs shall be determine based upon the ratio that the usable
square feet of the Retail Space has to the usable square feet of the Facility.
Common Area Maintenance ('CAM') shall mean the following costs and expenses incurred in
operating, repairing, and maintaining the'Common Facilities' (as hereinafter defined) and shall include,
without limitation, water service to the Facility, sewer service to the Facility, trash removal from the
Facility, costs incurred for gardening and landscaping, repairing and maintaining elevator(s), painting,
janitorial services (except for areas within the Premises), lighting, cleaning, striping, policing, removing
garbage and other refuse and trash, removing ice and snow, repairing and maintaining sprinkler systems,
water pipes, air-conditioning systems, temperature control systems, and security systems, fire atarm
repair and maintenance and other equipment in the Common Facilities and the exterior and stuctural
portions of the Facility, paving and repairing, patching and maintaining the parking areas and walkways,
and cleaning adjacent areas, management fees and the City's employment expenses to employees
furnishing and rendering any services to the common areas, together with an additional administration
charge equal to fifteen percent (15o/o) of all expenses included in the annual Common Facilities'
expenses, provided by Landlord for the common or joint use and/or benefit of the occupants of the
Facility, their employees, agents, servants, customers and other invitees.
'Common Facilities'shall mean all Facility areas, spaces, equipment, as well as certain services,
available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers,
customers, guests and/or invitees.
2.5 Payment of Personal Prooerty Taxes: Sales Tax Reoorts. Tenant shall pay, when due, all taxes
attributable to the personal propefi, trade fixtures, business, occupancy, or sales of Tenant or any other
occupant of the Premises and to the use of the Retail Space by Tenant or such other occupant. Tenant shall
provide Landlord with copies of Tenant's sales tax reports provided to the State of Florida, as and when such
reports are provided to the State. Landlord shall have the right to disclose such reports to any person or entity
having an interest or prospective interest in the Retail Space.
2.6 Rent Past Due. lf any payment due from Tenant shall be overdue more than five (5) days, a late
charge of five (5%) percent of the delinquent sum may be charged by Landlord. lf any payment due from Tenant
shall remain overdue for more than fifteen (15) days, an additional late charge in an amount equal to the lesser of
the highest rate permitted by law or one and one-half (1 'll2o/o) percent per month (eighteen (18%) percent per
annum) of the delinquent amount may be charged by Landlord, such charge to be computed for the entire period
for which the amount is overdue and which shall be in addition to and not in lieu of the five (5%) percent late
charge or any other remedy available to Landlord.
2.7 Security Deposit. Landlord acknowledges receipt of a security deposit in the amount specified on
the Lease Summary to be held by Landlord, without any liability for interest thereon, as security for the
1128
performance by Tenant of all its obligations under this Lease. Landlord shall be entitled to commingle the security
deposit with Landlord's other funds. lf Tenant defaults in any of its obligations under this Lease, Landlord may at
its option, but without prejudicd to any other rights which iandlord mly have, apply all or part of the security
deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result of such
default. lf all or any part of the security deposit is so applied, Tenant shall restore the security deposit to its
original amount on demand of Landlord. Within thirty (30) days following termination of this Lease, if Tenant is not
then in def;ault, the security deposit will be retumed by Landlord to Tenant.
2.8 Landlord's Lien. To secure the timely construction and installation of all improvements to the
Premises by tenant and to secure the payment of all rent and other sums of money due and to become due
hereunder and the faithful performance of this Lease by Tenant, Tenant hereby gives to Landlord an express first
and prior contract lien and security interest on all proper$ now or hereafter acquired (including fixtures,
equipment, chattels, and merchandise) which may be placed in the Premises and also upon all proceeds of any
insurance which may accrue to Tenant by reason of destruction of or damage to any such property. Such
property shall not be removed there from without the written consent of Landlord until all arrearages in rental and
other sums of money then due to Landlord hereunder shall first have been paid; provided, Tenant may operate its
business in the ordinary course and the removal of merchandise from the Premises by customers of Tenant shall
not be a default under this section. All exemption laws are hereby waived in favor of said lien and security
interest. This lien and security interest is given in addition to Landlord's statutory lien and shall be cumulative
thereto, Landlord shall, in addition to all of ib rights hereunder, also have all of the rights and remedies of a
secured party under the Uniform Commercial Code as adopted in the State in which the Premises is located. To
the extent permitted by law, this Lease shall constitute a security agreement under Article 9 of the Florida Uniform
CommercialCode.
ARTICLE III. USE OF PREMISES.
3.1 Permitted Use. The Premises shall be used and occupied only for the sale at retail of goods or
services as specified in the Lease Summary. The business of Tenant in the Premises shall be carried on under
the Trade Name specified in Section 20 of the Lease Summary and under no other name unless approved by
Landlord in writing. Tenant shall carry on its business on the Premises in a reputable manner and shall not do,
omit, permit, or suffer to be done or exist upon the Premises anything which shall result in a nuisance, hazard, or
bring about a breach of any provision of this Lease or any applicable municipal or other govemmental law or
regulation, or would otherwise be inconsistent with a first-class retail center or incompatible with retiail uses
ancillary to a first-class convention center hotel. Tenant shall observe all reasonable rules and regulations
established by Landlord from time to time for the Retail Space. The rules and regulations in effect as of the date
hereof are attached to and made a part of this Lease as Exhibit "C." Landlord will provide a copy of any
amendments to the rules and regulations at least seven (7) days prior to the effective date of any such
amendments. Tenant shall display such name as Landlord may from time to time designate for the Retail Space
in its stationery, materials, webpages, or social media sites, relevant to the Premises which is given, visible,
available, emailed, or any way communicated to customers of Tenant. Tenant shall promote such name in any
advertisements or promotional material published, initiated, or controlled by Tenant in regard only to its business
from the Premises. ln the event a name is designated by the Landlord, Tenant shall either be permitted to finish
distributing and displaying any advedisements or promotional material, or Landlord shall reimburse Tenant for
comparable replacement of said advertisements and promotional materials that were invoiced prior to Tenant
receiving written Notice from Landlord of such name to be advertised and promoted by Tenant. The names for
the Retail Space and the project of which the Retail Space is a part, which Landlord may from time to time adopt,
and every name or mark adopted by Landlord in connection with the Retail Space shall be used by Tenant only in
association with the business canied on in the Premises during the Term and Tenanfs use thereof shall be
subject to such reasonable regulation as Landlord may from time to time impose.
3.2 Comoliance with Laws. The Premises shall be used and occupied in a safe, careful, and proper
manner so as not to contravene any present or future laws, rules, regulations, constitutions, otders, ordinances,
charters, stiatutes, codes, executive orders, and requirements of all govemmental authorities having jurisdiction over
the Premises or any street, road, avenue, or sidewalk comprising a part of, or lying in front of the Premises or any
vault in or under the Premises (including, without limitation, any of the foregoing relating to handicapped access or
1129
parking, the local Facility codes, and the laws, rules, regulations, orders, ordinances, statutes, codes, and
requirements of any applicable Fire Rating Bureau or other body exercising similar functions), the tempor:ary and/or
permanent certificate or certificates of occupancy issued for the Premises as then in force, and any and all provisions
and requirements of any property, casual$, or other insurance policy required to be canied by Tenant under this
Lease. lf due to Tenants use of the Premises, repairs, improvements, or alterations are necessary to comply with
any of the foregoing, Tenant shall pay the entire cost thereof.
3.3 Siqns. Tenant, at Tenant's expense, shall erect and maintain identification signage upon the
storefront of the Premises. The design and specification of such signage shall be subject to Landlord's approval
and such design and specification (including camera-ready artwork) shall be submitted for Landlord's prior
approval. Except with the prior written consent of Landlord, Tenant shall not erect, install, display, inscribe, paint,
or affx any signs, lettering, or advertising medium upon or above any exterior portion of the Premises or in or on
Tenant's storefront or storefront window.
3.4 Environmental Provisions.
(a) Tenant shall not knowingly incorporate into, use, or othenrise place or dispose of at the
Premise s or in the Retail Space (or allow others to incorporate into, use, or otherwise place or dispose of at the
Premises or in the Retail Space) any Hazardous Materials, as hereinafter defined, unless (i) such Hazardous
Materials are for use in the ordinary course of business (i.e., as with office or cleaning supplies), (ii) notice of and
a copy of the current material safety data sheet is provided to Landlord for each such Hazardous Material (except
for Hazardous Materials used by Tenant in the ordinary course of business (i.e., as with office or cleaning
supplies)), and (iii) such materials are handled and disposed of in accordance with all applicable governmental
laws, rules, and regulations. lf Landlord or Tenant ever has knowledge of the presence in the Premises or the
Retail Space of Hazardous Materials which affect the Premises, such party shall notify the other thereof in writing
promptly after obtaining such knowledge. For purposes of this Lease, "Hazardous Materials" shall mean:
(a)petroleum and its constituents; (b) radon gas, asbestos in any form which is or could become friable, urea
formaldehyde foam insulation, bansformers or other equipment which contain dielectric fluid containing levels of
polychlorinated biphenyls in excess of federal, state or local safeg guidelines, whichever are more stringent; (c) any
substance, gas, material or chemical which is or may hereafter be defined as or included in the definition of
"hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or
words of similar import under any applicable govemmental laws, rules, and regulations including, but not limited to,
the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. $ 9061 et
seq.; the Hazardous Materials Transportiation Act, as amended, 49 U.S.C. $ 1801, et seo.; the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. S 6901, et seo.; the FederalWater Pollution ControlAct, as
amended, 33 U.S.C. S 1251, d secL; and Florida Statutes, Chapters 376 and 403; and (d)any other chemical,
material, gas, or substiance, the exposure to or release of which is regulated by any governmentral or
quasi{ovemmental entity having jurisdiction over the Retail Space or the operations thereon.
(b) lf Tenant or its employees, agents, or contractors shall ever violate the provisions of
subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous Material causing the
violation, in compliance with all applicable governmental stiandards, laws, rules, and regulations and repair any
damage to the Premises or Retail Space within such period of time as may be reasonable under the
circumstances after written notice by Landlord, provided that such work shall commence not later than thifi (30)
days from such notice and be diligently and continuously canied to completion by Tenant or Tenant's designated
contractors. Tenant shall notify Landlord of its method, time, and procedure for any clean-up or removal of
Hazardous Materials under this provision; and Landlord shall have the right to require reasonable changes in
such method, time, or procedure or to require the same to be done after normal business hours or when the
Retail Space is otherwise closed (i.e., holidays) if reasonably required for the protection of other tenants or
occupants of the Retail Space.
(c) Tenant agrees to defend, indemniff, and hold harmless Landlord, and the City of Miami
Beach (the "City") against any and all claims, costs, expenses, damages, liability, and the like, which Landlord
may hereafter be liable for, suffer, incur, or pay arising under any applicable environmential laws, rules, and
regulations and resulting from or arising out of any breach of the covenants contiained in this section 3.4, or out of
1130
any act, activity, or violation of any applicable environmental laws, rules, and regulations on the part of Tenant, its
agents, employees, or assigns, Tenant's liability under this section 3.4 shall survive the expiration or any
termination of this Lease.
3.5 Hours: Continued Occuoancv. During the Term, Tenant shall conduct its business in the
Premises, at a minimum, on all days and during all hours established by Landlord from time to time as store hours
for the Retail Space. Tenant may conduct business on the Premises, in addition to the foregoing times, in
Tenanfs reasonable judgment in order to maximize sales from the Premises, at Tenanfs sole expense.
However, Landlord shall not be responsible for providing common area or other services during such additional
hours. Tenant shall open the whole of the Premises for business to the public, fully flxtured, stocked, and staffed
on the Commencement Date, and shall continuously, actively, and diligentty catry on the business specified in
section 3.1 on the whole of the Premises during the Term, during such hours and upon such days as are herein
required, except when prevented from doing so by force majeure. Tenant acknowledges that its continued
occupancy of the Premises and the regular conduct of its business therein are of utmost importance to
neighboring tenanb and to Landlord in the renting of space in the Retail Space, the renewal of other leases
therein, the efficient and economic supply of services and utilities. Tenant acknowledges that Landlord is
executing this Lease in reliance thereupon and that the same is a material element inducing Landlord to execute
this Lease. Tenant shall not keep or display any merchandise on or othenrrise obstruct the common areas and
shall not sell, advertise, conduct, or solicit business anywhere within the Retail Space other than in the Premises.
Tenant shall ship and receive supplies, fixtures, equipment, fumishings, wares, and merchandise only through the
appropriate service and delivery facilities provided by Landlord; and shall not park ib trucks or other delivery
vehicles or allow suppliers or others making deliveries to or receiving shipments ftom the Premises to park in the
parking areas, except in those parts thereof as may ftom time to time be allocated by Landlord for such purpose.
Tenant shall maintain available a substantial stock of goods, wares, and merchandise adequate to ensure
successful operation of Tenant's business, and shall employ and maintain sales and other personnel sufficient at
all times for proper service to customers.
3.6 Prohibited Uses. Notwithstanding any other provisions of this Lease, Tenant shall not use the
Premises nor permit them to be used for any of the following purposes: (A) for the sale by Tenant, as its principal
business purpose, of any merchandise which Tenant, in the course of its normal business practice, purchases at
manufacturers' clearances or purchases of endsof-runs, bankruptcy stock, seconds, or other similar
merchandise; (B) for the sale of second-hand goods, war surplus articles, insurance salvage stock, fire sale stock,
merchandise damaged by or held out to be damaged by fire, except merchandise damaged by fire or smoke
occurring in the Retail Space, and then only for thirty (30) days after the date of any such damage; (C) as an
auction or flea market; (D) for a bankruptcy sale or going-out-of-business sale or liquidation sale or any similar
sale, unless Tenant is in fact in bankruptcy or is going out of business or is in liquidation, in which case such sale
shall not continue beyond thirty (30) days; (E) a business primarily used for an order office, mail order office, or
catalogue store; or (F) any business in which Tenant is engaged in intentionally deceptive or fraudulent
advertising or selling practices or any other act or business practice contrary to honest retail practices.
3.7 lntentionally Omitted.
3.8 Exclusive Use. So long as Tenant is in actual occupancy of the Premises and using the
Premises for the permifted use set forth in the Lease Summary, Landlord agrees not to enter into any leases for
space in the Retail Space with persons or entities whose primary business at the Retail Space would be the sale
of costume jewelry that may be made from or contains jewels and precious metal, but is not considered fine
jewelry.
1131
ARTICLE IV. ACCESS AND ENTRY.
4.1 Riqht of Examination. Landlord shall be entitled at all reasonable times and upon reasonable
notice (but no notice is required in emergencies) to enter the Premises to examine them if Landlord reasonably
believes that Tenant is not complying with any of its obligations hereunde4 to make such repairs, alterations, or
improvements thereto as Landlord considers necessary or reasonably desirable; to have access to underfloor
facilities and access panels to mechanical shafts and to check, calibrate, adjust, and balance controls and other
parts of the heating, air conditioning, ventilating, and climate control systems. Landlord reserves to itself (and
others acting on behalf of Landlord including, without limitation, the City) the right to install, rnaintiain, use, and
repair pipes, ducts, conduits, vents, wires, and other installations leading in, through, over, or under the Premises
and for this purpose, Landlord may take all material into and upon the Premises which is required therefor. Tenant
shall not unduly obstruct any pipes, conduits, or mechanical or other electrical equipment so as to prevent
reasonable access thereto. Landlord reserves the right to use all exterior walls and roof area. Landlord shall
exercise its rights under this section, to the extent possible in the circumstances, in such manner so as to
minimize interference with Tenanfs use and enjoyment of the Premises and Tenants property.
4.2 Rioht to Show Premises. Landlord and its agents have the right to enter the Premises at all
reasonable times and upon reasonable notice to show them to prospective purchasers, lenders, or anyone having
a prospective interest in the Retail Space, and, during the last six (6) months of the Term (or the last six (6)
months of any renewal term if this Lease is renewed), to show them to prospective tenants. Landlord shall
exercise iF rights under this section, to the extent possible in the circumstiances, in such manner so as to
minimize interference with Tenants use and enjoyment of the Premises and Tenant's property.
ARTICLE V. MAINTENANCE. REPAIRS. AND ALTEMTIONS.
5.1. (lntentionallyOmitted)
5.2 Maintenance and Reoairs bv Landlord. lt is hereby acknowledged and agreed that Landlord shall
maintain and repair the base building, mechanical and electrical systems, and roof and foundation of the Retail
Space. Tenant will notify in writing of any neoessary repairs that are the obligation of Landlord. Landlord shall not
be responsible for any damages caused to Tenant by reason of failure of any equipment or facilities serving the
Retail Space or delays in the performance of any work for which the Landlord is responsible to perform pursuant
to this Lease. Notwithstanding any other provisions of this Lease, if any part of the Retail Space is damaged or
destroyed or requires repair, replacement, or alteration as a result of the act or omission of Tenant, its ernployees,
agents, invitees, licensees, or contractors, Landlord shall have the right to perform same and the cost of such
repairs, replacement, or alterations shall be paid by Tenant to Landlord upon demand. ln addition, if, in an
emergency, it shall become necessary to make promptly any repairs or replacements required to be made by
Tenant, Landlord may re-enter the Premises and proceed forthwith to have the repairs or replacements made and
pay the costs thereof. Upon demand, Tenant shall reimburse Landlord for the cost of making the repairs.
Landlord shall exercise its rights under this section in a manner so as to minimize any disruption or interference
with the operation of Tenant's business and property.
5.3 Maintenance and Reoairs bv Tenant. Tenant shall, at its sole cost, repair and maintain the
Premises exclusive of base Facility mechanical and etectrical systems, all to a standard consistent with a first
class retail center, with the exception only of those repairs which are the obligation of the Landlord purcuant to
this Lease. Without limiting the generality of the foregoing, Tenant is specifically required to maintain, make
repairs and to replace as needed (i) the portion of any pipes, lines, ducts, wires, or conduits contained within the
Premises; (ii) windows, plate glass, doors, and any fixtures or appurtenances composed of glass (including,
without limitation, interior and exterior washing of windows and plate glass; (iii) Tenanfs sign; (iv) any heating or
air conditioning equipment serving the Premises ("HVAG") (which shall include, without limitation, a preventive
maintenance HVAC service contract. Such service contract shall include, without limitation, preventive HVAC
maintenance no less than quarterly); and (v) the Premises or the Retail Space when repairs to the same are
necessitated by any act or omission of Tenant, or the failure of Tenant to perform its obligations under this Lease.
All repair and maintenance performed by Tenant in the Premises shall be performed by contractors or workmen
1132
designated or approved by Landlord, which approval shall not be unreasonably withheld or delayed. At the
expiration or earlier termination of the Term, Tenant shall sunender the Premises to Landlord in as good condition
and repair as Tenant is required to maintain the Premises throughout the Term, reasonable wear and tear
excepted. Tenant shall also furnish, maintain, and replace all electric light bulbs, tubes, and tube casings located
within or serving the Premises and Tenanfs signage, all at Tenant's sole cost and expense.5.4 Aoproval of Tenanfs Alterations. No alterations (including, without limitation, improvements,
additions, or modifications to the Premises) shall be made by Tenant to the Premises without Landlord's prior
written approval, which, as to exterior or structural alterations may be withheld in Landlord's sole discretion. Any
alterations by Tenant shall be performed at the sole cost of Tenant, by contractors and workmen approved by
Landlord, which approvalshall not be unreasonably withheld or delayed, in a good and workmanlike manner, and
in accordance with allapplicable laws and regulations.
5.5 Removal of lmorovements and Fixtures. All leasehold improvements and fixtures (other than
unattached, movable trade fixtures which can be removed without damage to the Premises) shall at the expiration
or earlier termination of this Lease become Landlord's property. Tenant may, during the Term, in the usual course
of its business, remove its trade fixtures, provided that Tenant is not in default under this Lease; and Tenant shall,
at the expiration or earlier termination of the Term, at its sole cost, remove such of the leasehold improvements
(except for improvements installed by Landlord prior to the Commencement Date) and trade fixtures in the
Premises as Landlord shall require to be removed and restore the Premises to the condition existing prior to such
removal. Tenant shall at its own expense repair any damage caused to the Retail Space by such removal. lf
Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures
shall, at the option of Landlord, become the property of Landlord and may be removed from the Premises and
sold or disposed of by Landlord in such manner as it deems advisable without any accounting to Tenant.
5.6 Liens. Tenant shall promptly pay for all materials supplied and work done in respect of the
Premises by, through, or under Tenant so as to ensure that no lien is recorded against any portion of the Retail
Space or against Landlord's or Tenants interest therein. lf a lien is so recorded, Tenant shall discharge it
promptly by payment or bonding. lf any such lien against the Retail Space or Landlord's interest therein is
recorded and not discharged by Tenant as above required within fifteen (15) days following written notice to
Tenant, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be
paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no
interest of Landlord in the Premises or the Retail Space shall be subject to any lien for improvements made by
Tenant in or for the Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant,
such liability being expressly prohibited by the terms of this Lease. ln accordance with applicable laws of the
State of Florida, Landlord has filed in the public records of Dade County, Florida, a public notice containing a true
and conect copy of this paragraph, and Tenant hereby agrees to inform all contractors and material suppliers
performing work in or for or supplying materials to the Premises of the existence of said notice.
5.7 Utilities. Tenant shall pay to Landlord, or as Landlord directs, all gas, electricity, water, and other
utility charges, applicable to the Premises as separately metered. Additionally, if at Landlord's discretion,
Landlord provides waste collection services inclusive of recycling and any additional services deemed necessary
by Landlord to maintain the trash room for the Retail Space, Tenant shall pay its proportionate share of said
service(s). Tenant shall, at its own cost, install, maintain and repair, as required, its electrical meter for the
Premises. ln addition, Tenant's electrical equipment and lighting shall be restricted to that equipment and lighting
which individually does not have a rated capacity and/or design load greater than the rated capacity and/or design
load of the Retail Space. lf Tenant's consumption of electrical services exceeds either the rated capacity and/or
design load of the Retail Space, then Tenant shall remove the equipment and/or lighting to achieve compliance
within ten ('t0) days after receiving written notice from Landlord, or such equipment and/or lighting may remain in
the Premises, so long as (a) Tenant shall pay for all costs of installation and maintenance of submeters, wiring,
air-conditioning, and other items required by Landlord, in Landlord's reasonable discretion, to accommodate
Tenanfs excess design loads and capacities; and (b) Tenant shall pay to Landlord, within thirty (30) days after
rendition of a bill, the cost of the excess consumption of electrical service at the rates charged to Landlord by
Florida Power & Light, which shall be in accordance with any applicabte laws.
1133
ARTICLE VI. INSURANCE AND INDEMNITY.
6.1 Tenants lnsurance. Tenant shall, throughout the Term (and any other period when Tenant is in
possession of the Premises), maintain at its sole cost the following insurance:
(A) All risks property insurance, containing a waiver of subrogation rights which Tenant's
insurers may have against Landlord and against those for whom Landlord is in law responsible including, without
limitation, its directors, officers, agents, and employees, and (except with respect to Tenants chattels)
incorporaUng a standard New York mortgagee endorsement (without contribution). Such insurance shall insure
property of every kind owned by Tenant in an amount not less than the full replacement cost thereof (new), with
such cost to be adjusted no less than annually. Such policy shall include as additional insureds Landlord and its
affiliates and any mortgagee of Landlord, the City, and any mortgagee of the Landlord in connection wi$r a mortgage
on the Facility.
(B) Comprehensive general liability insurance. Such policy shall contain inclusive limits per
occurrence of not less than the amount specified in the Lease Summary; provide for severability of interests; and
include as additional insureds Landlord and its affiliates and any mortgagee of Landlord, the City, and any
mortgagee of Landlord in connection with a mortgage on the Facilig.
(C) Worke/s compensation and employeds liability insurance in compliance with applicable
legal requirements.
(D) Business intenuption insurance, sufficient to insure Tenant for no less than one(1) full
year of loss of business, with the Landlord named thereon as loss payee to the extent permitted by applicable law.
(E) Any other form of insurance which Tenant or Landlord, acting reasonably, requires from
Ume to time in form, in amounts, and for risks against which a prudent tenant would insure, but in any event not
less than that carried by comparable retail establishments in Dade County, Florida.
All policies refened to above shall: (i) be taken out with insurers licensed to do business in
Florida and reasonably acceptable to Landlord; (ii) be in a form reasonably satisfactory to Landlord; (iii) be
non-contributing with, and shall apply only as primary and not as excess to any other insurance available to
Landlord or any mortgagee of Landlord; (iv) contain an undertaking by the insurers to notify Landlord by certified
mail not less than thirty (30) days prior to any material change, cancellation, or termination, and (v) with respect to
subsection (A), contain replacement cost, demolition cost, and increased cost of construction endorsements.
Certificates of insurance on Landlord's standard form or, if required by a mortgagee, copies of such insurance
policies certified by an authorized officer of Tenanfs insurer as being complete and current, shall be delivered to
Landlord promptly upon request. lf Tenant fails to take out or to keep in force any insurance refered to in this
section 6.1, or should any such insurance not be approved by either Landlord or any mortgagee, and Tenant does
not commence and continue to diligently cure such default within two (2) business days after written notice by
Landlord to Tenant specifying the nature of such deiault, then Landlord has the right, without assuming any
obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord
shall be paid by Tenant to Landlord as additional rent without prejudice to any other rights or remedies of Landlord
under this Lease. Tenant shall not keep or use in the Premises any article which may be prohibited by any fire or
casualty insurance policy in force from time to time covering the Premises or the Retail Space.
6.2 Loss or Damaoe. Tenant acknowledges that the Landlord will be performing any maintenance
and repairs required of Landlord hereunder. Landlord shall not be liable for any death or injury arising from or out
of any occurrence in, upon, at, or relating to the Retail Space or damage to property of Teninf or of oihers located
on the Premises or elsewhere in the Retail Space, nor shall it be responsible for any loss of or damage to any
property of Tenant or others from any cause, unless such death, injury, loss, or damage results frcm the gross
negligence or willful misconduct of Landlord. Without limiting the generality of the foregoing, Landlord shall not be
liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, falling ceiling
tile, falling fixtures, steam, gas, electricity, water, rain, flood, or leaks from any part of the Premises or from the
pipes, sprinklers, appliances, plumbing works, roof, windows, or subsurface of any floor or ceiling of the Retail
1134
Space or from the street or any other place or by dampness, or by any other cause whatsoever, unless resulting
from the gross negligence or willful misconduct of Landlord. Tenant agrees to indemnify Landlord and hold it
harmless from and against any and all loss (including loss of Minimum Rent and additional rent payable in respect
to the Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attomeys'
fees and costs at all tribunal levels), unless caused by the gross negligence or willful misconduct of Landlord,
arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by Tenant or its
agents or invitees of the Premises or any part thereol or occasioned wholly or in part by any act or omission of
Tenant its agents, employees, and invitees or by anyone permitted to be on the Premises by Tenant.
6.3 Waiver of Subrooation. Landlord and Tenant each hereby waives on behalf of itself and its
insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or
othenrise) any and all rights of recovery, claim, action, or Gruse of action, against the other, its agents, officers, or
employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Retail
Space, or any improvements thereto, or any personal propefi of such party therein, by.reason of fire, the
elements, or any other causes which are, or could or should be insured against under the terms of the stiandard
fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is
actually maintained and regardless of the cause or origin of the damage involved, including negligence of the
other par$ hereto, its agents, officers, or employees. Landlord and Tenant shall each obtain from their respective
insurers, under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained by
either of them at any time during the term hereof insuring or covering the Retail Space or any portion thereof or
operations therein, a waiver of all rights of subrogation which the insurer of one pafi might have against the other
party.
6.4 lndemnification. Tenant shall indemnify and hold harmless the Landlord and the City of Miami
Beach, and their respective officers, employees, agents and instrumentalities (collectively'lndemnitees") from
any and all liability, losses or damages, including attomeys' fees and costs of defense, which tndemnitees may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out oi
relating to or resulting from the performance of this Lease by the Tenant or its employees, agents, servants,
partners principals or subcontractors, or relating to or resulting from the operation of Tenant's business at the
Premises. Tenant shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of any of the lndemnitees, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Tenant
expressly understands and agrees that any insurance protection required by this Lease or othenrvise provided by
Tenant shall in no way limit the responsibility to indemnify, keep and hold harmless and defend lndemnitees as
herein provided.
ARTICLE VII. DAMAGE AND DESTRUCTION,
7.1 Damaoe to Premises. Tenant acknowledges that if the Premises are partially or totally desboyed
due to fire or other casualty, any repairs to the Facility of the damaged portions of the Retail Space will be perbrmed
by Landlord and in any event only to tfre extent that Landlord is required to repair or rebuild the Retail Space. lf
Landlord repairs or rebuilds, Minimum Rent shall abate proportionately to the portion of the Premises, if any,
rendered untenantable from the date of destruction or damage until the repairs have been substantially
completed. Upon being notified that the repairs have been substantially completed, Tenant shall diligently
perform all other work required to fully restore the Premises for use in Tenanfs business, in every case at
Tenants cost and without any contribution to such cost by Landlord, whether or not Landlord has at any time
made any contribution to the cost of supply, installation, or construction of leasehold improvements in the
Premises. Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue the
operation of its business within the Premises to the extent practicable, lf all or any part of the Premises shall be
damaged by fire or other casualty and the fire or other casualty is caused by the fault or neglect of Tenant or
Tenant's agents, guest, or invitees, rent and all other charges shall not abate.
10
1135
7.2 Termination for Damaoe. Notwithstanding section7.1, it damage or destruction which has occurred to
the Premises or the Retail Space is such that in the reasonable opinion of Landlord such reconstruction or repair
cannot be completed within one hundred twenty (120) days of the happening of the damage or destruction.
Landlord may, at their option, terminate this Lease on notice to Tenant given within thirty (30) days after such
damage or destruction and Tenant shall immediately deliver vacant possession of the Premises in accordance
with the terms of this Lease.
ln addition, if Landlord undertakes the reconstruction or repair, and does not complete same within
nine (9) months after the date of the fire or other casualty (subject to the time required to prepare plans for
reconstruction, to obtain Facility permits, to receive distribution of insurance proceeds, and to complete the likely
contract bidding process and all other relevant factors, but not to exceed an additional ninety (90) days), then
Tenant shall have the right to tenninate this Lease by written notice to Landlord delivered within thirty (30) days
after the expiration of such nine (9) month period (or as extended), whereupon both parties shall be relieved of all
further obligations hereunder, except as othenryise expressly set forth herein.
ARTICLE VIII. ASSIGNMENT. LEASES. AND TRANSFERS.
8.1 Transfer bv Tenant. Tenant shall not enter into, consent to, or permit any Transfer, as hereinafter
defined, without the prior written consent of Landlord in each instance, which consent may be granted or withheld
in Landlord's sole and absolute discretion for any reason or for no reason. For purposes of this Lease, "Transfe/'
means an assignment of this Lease in whole or in part; the execution of a management agreement relating to all
or any part of the Premises; a sublease of all or any part of the Premises; any transaction whereby the rights of
Tenant under this Lease or to the Premises are transferred to another; any mortgage or encumbrance of this
Lease or the Premises or any part thereof or other arrangement under which either this Lease or the Premises
become security for any indebtedness or other obligations; and if Tenant is a corporation or a partnership, the
transfer of a controlling interest in the stock of the corporation or partnership interests, as applicable. lf there is a
permitted Transfer, Landlord may collect rent or other payments from the transferee and apply the net amount
collected to the rent or other payments required to be paid pursuant to this Lease but no acceptance by Landlord
of any payments by a transferee shall be deemed a waiver of any provisions hereof regarding Tenant.
Notwithstanding any Transfer, Tenant shall not be released from any of its obligations under this Lease.
Landlord's consent to any Transfer shall be subject to the further condition that if the Minimum Rent and additional
rent pursuant to such Transfer exceeds the Minimum Rent and additional rent payable under this Lease, the
amount of such excess shall be paid to Landlord. ll pursuant to a permitted Transfer, Tenant receives ftom the
transferee, either directly or indirectly, any consideration other than Minimum Rent and additional rent for such
Transfer, either in the form of cash, goods, or services, Tenant shall, upon receipt thereof, pay to Landlord an
amount equivalent to such consideration.
ARTICLE IX. DEFAULT.
9.1 Defaults. A default by Tenant shall be deemed to have occurred hereunder, if and wheneven
(i) any Minimum Rent is not paid when due whether or not any notice or demand for payment has been made by
Landlord; (ii) any other additional rent is in anears and is not paid within five (5) days after written demand by
Landlord; (iii) Tenant has breached any of its obligations in this Lease (other than the payment of rent) and Tenant
fails to remedy such breach within thirty (30) days (or such shorter period as may be provided in this Lease), or if
such breach cannot reasonably be remedied within thifi (30) days (or such shorter period), then if Tenant fails to
immediately commence to remedy and thereafter proceed diligently to remedy such breach, in each case after
notice in writing from Landlord; (iv) Tenant becomes bankrupt or insolvent; (v) any of Landlord's policies of
insurance with respect to the Retail Space are canceled or adversely changed as a result of Tenanfs use or
occupancy of the Premises; or (vi) the business operated by Tenant in the Premises shall be closed by
governmental or court order fur any reason.
11
1136
9.2 Remedies. ln the event of any default hereunder by Tenant, then without prejudice to any other
rights which it has pursuant to this Lease or at law or in equity, Landlord shall have the following rights and
remedies, which are cumulative and not alternative:
(A) Landlord may cancel this Lease by notice to Tenant and retake possession of the Premises for
Landlord's account, or may terminate Tenant's right to possession of the Premises without terminating this Lease.
ln either event, Tenant shall then quit and surrender the Premises to Landlord. lf Landlord terminates Tenant's
right to possession of the Premises without terminating this Lease, Tenant's liabilig under all of the provisions of
this Lease shall continue notwithstanding any expiration and sunender, or any re-entry, repossession, or
disposition hereunder.
(B) Landlord may enter the Premises as agent of Tenant to take possession of any property
of Tenant on the Premises, to store such property at the expense and risk of Tenant or to sell or othenrise
dispose of such property in such manner as Landlord may see fit without notice to Tenant. Re-entry and removal
may be effectuated by summary dispossess proceedings, by any suitable action or proceeding, or othenrise.
Landlord shall not be liable in any way in connection with its actions pursuant to this section, to the extent that its
actions are in accordance with law.
(C) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, Tenant shall remain liable (in addition to accrued liabilities) to the extent
legally permissible for all rent and all of the charges Tenant would have been required to pay until the date this
Lease would have expired had such cancellation not occurred. Tenanfs liability for rent shall continue
notwithstanding re-entry or repossession of the Premises by Landlord. ln addition to the foregoing, Tenant shall
pay to Landlord such sums as the court which has jurisdiction thereover may adjudge as reasonable attorneys'
fees with respect to any successful lawsuit or action instituted by Landlord to enforce the provisions of tris Lease.
(D) Landlord may relet all or any part of the Premises for all or any part of the unexpired
portion of the Term of this Lease or for any longer period, and may accept any rent then aftainable; grant any
concessions of rent, and agree to paint or make any special repairs, alterations, and decorations for any new
tenant as it may deem advisable in its sole and absolute discretion, Landlord shall be under no obligation to relet
or to attempt to relet the Premises, except as expressly set forth below.
(E) lf Landlord terminates Tenants right to possession of the Premises without terminating
this Lease under subsection (A) above, and Landlord so elects, the rent hereunder shall be accelerated and
Tenant shall pay Landlord damages in the amount of any and all sums which would have been due for the
remainder of the Term (reduced to present value using a discount factor equal to the stated prime lending rate on
the date of Tenants default by Landlord's then existing mortgagee or, if there is no mortgagee, by Citibank, N.A,
New York). Prior to or following payment in full by Tenant of such discounted sum promptly upon demand,
Landlord shall use good faith efforts to relet the Premises. lf Landlord receives consideration as a result of a
reletting of the Premises relating to the same time period for which Tenant has paid accelerated rent, such
consideration actually received by Landlord, less any and all of Landlord 's cost of repairs, alterations, additions,
redecorating, and other expenses in connection with such reletting of the Premises, shall be a credit against such
discounted sum, and such discounted sum shall be reduced if not yet paid by Tenant as called for herein, or if
Tenant has paid such discounted sum, such credited amount shall be repaid to Tenant by Landlord (provided said
credit shall not exceed the accelerated amount).
(F) Landlord may remedy or aftempt to remedy any default of Tenant under this Lease for the
account of Tenant and to enter upon the Premises for such purposes. No notice of Landlord's intention to perform
such covenants need be given Tenant unless expressly required by this Lease. Landlord shall not be liable to
Tenant for any loss or damage caused by the reasonable acts of Landlord in remedying or attempting to remedy
such default and Tenant shall pay to Landlord all expenses incurred by Landlord in connection with remedying or
aftempUng to remedy such default. Any expenses incurred by Landlord shall accrue interest from the date of
payment by Landlord until repaid by Tenant at the highest rate pennitted by law'
12
1137
9.3 Costs. Tenant shall pay to Landlord on demand allcosts incuned by Landlord, including attomeys'
fees and costs at all tribunal levels, incurred by Landlord in enforcing any of the obligations of Tenant under this
Lease. ln addition, upon any default by Tenant, Tenant shall be also liable to Landlord for the expenses to which
Landlord may be put in re-entering the Premises; repossessing the Premises; painting, altering, or dividing the
Premises; combining the Premises with an adjacent space for any new tenant; putting the Premises in proper
repair; protecting and preserving the Premises by placing watchmen and caretakers therein; reletting the
Premises (including attomeys' fees and disbursements, marshall's fees, and brokerage fees, in so doing); and
any other expenses reasonably incurred by Landlord.
9.4 Additional Remedies: Waiver. The rights and remedies of Landlord set forth herein shall be in
addition to any other right and remedy now and hereinafter provided by law. All rights and remedies shall be
cumulative and non-exclusive of each other. No delay or omission by Landlord in exercising a right or remedy
shall exhaust or impair the same or constitute a waiver of, or acquiescence to, a defiault.
9.5 Default bv Landlord. ln the event of any default by Landlord, Tenanfs exclusive remedy shatl be
an action for damages or injunction, but prior to any such action Tenant will give Landlord written notice specifying
such default with particularity, and Landlord shall have a period of thirty (30) days fotlowing the date of such notice
in which to cure such default (provided, however, that if such default reasonably requires more than thirly (30)
days to cure, Landlord shall have a reasonable time to cure such default, provided Landlord commenoes to cure
within such thirty (30) day period and thereafter diligently prosecutes such cure to complefron). Notwithstanding
any provision of this Lease, Landlord shall not at any time have any personal liability under this Lease. ln the
event of any breach or default by Landlord of any term or provision of this Lease, Tenant agrees to look solely to
the equity or interest then-owned by Landlord in the Retail Space, and in no event shall any deficiency judgment
be sought or obtained against Landlord. lt is expressly understood that the obligations of Landlord under this
Lease are solely corporate obligations, and that, except for conversion, fraud, or willful misconduct no personal
liability will attach to, or is or shall be incurred by, the incorpomtors, stockholders, officers, directors, or
employees, as such, of the Landlord, or of any successor corporation, or any of them, under or by reason of the
obligations, covenants, or agreements of Landlord contained In this Lease or implied therefrom: and, except for
conversion, fraud, or willful misconduct, that any and all such personal liabili$, either at common law or in equig
or by constitution or statute, of, and any and all such rights and claims against, every such incorporator,
stockholder, officer, director, or employee, as such, or under or by reason of the obligations, covenants or
agreements contiained in this Lease or implied therefrom are expressly waived and released as a condition of,
and as a consideration for, the execution of this Lease.
ARTICLE X. ESTOPPEL CERTIFICATE: SUBORDINATION.
10.1 Estoopel Certificate. Within ten (10) days after written reguest by Landlord, Tenant shall deliver in
a form supplied by Landlord, an estoppel certificate to Landlord as to the status of this Lease, including whether
this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full
force and effect as modified and identifying the modification agreements); the amount of Minimum Rent and
additional rent then being paid and the dates to which same have been paid; whether or not there is any existing
or alleged default by either party with respect to which a notice of default has been served, or any facts exist
which, with the passing of time or giving of notice, would constitute a default and, if there is any such default or
facts, speciffing the nature and extent thereof; and any other matters pertaining to this Lease as to which
Landlord shall request such certificate. Landlord, and any prospective purchaser, lender, or ground lessor shall
have the right to rely on such certificate.
10.2 Subordination: Attornment. This Lease and all rights of Tenant shall be subject and subordinate
to any and all mortgages, security agreements, or like instruments resulting from any financing, refinancing, or
collateral financing (including renewals or extensions thereof), and to any and all ground leases, made or
arranged by Landlord of its interests in all or any part of the Retail Space, from time to time in existence against
the Retail Space, whether now existing or hereafter created. Such subordination shall not require any further
instrument to evidence such subordination. However, on request, Tenant shall further evidence its agreement to
subordinate this Lease and its rights under this Lease to any and all documents and to all advances made under
such documents. The form of such subordination shall be made as required by Landlord, its lender, ground
13
1138
lessor, the Cig. Tenant shall, if requested by Landlord, or a mortgagee, owner, or purchaser, or by any person
succeeding to the interest of such mortgagee, owner, or purchaser, as the result of the enforcement of the
remedies provided by law or the applicable instrument held by Landlord, such mortgagee, owner, or purchaser,
automatically attorn to and become the tenant of Landlord or any such mortgagee, owner, purchaser, or
successor-in-interest, without any change in the terms or other provisions of this Lease; provided, however, that
Landlord, said mortgagee, owner, purchaser, or successor shall not be bound by (a) any payment of rent or
additional rent for more than one (1) month in advance, or (b) any security deposit or the like not actually received
by Landlord, such mortgagee, owner, or purchaser, or successor, or (c) any amendment or modification in this
Lease made without the consent of Landlord, such mortgagee, owner, purchaser, or successor, or (d)any
construction obligation, free rent, or other concession or monetary allowance, or (e) any setoff, counterclaim, or
the like othenrise available against Landlord, or (0 any act or omission of any prior landlord (including Landlord).
Upon request by Landlord, said mortgagee, owner, or purchaser, or successor, Tenant shall execute and deliver
an instrument or instruments confirming its attornment.
Notwithstanding the foregoing, any such subordination of this Lease shall be conditioned on the Landlord
obtaining a nondisturbance agreement in favor of Tenant from all mortgagees and ground lessols regarding any
financings or over leases entered into by Landlord with respect to the Retail Space, and no subordination shall be
effective without a conesponding nondisturbance agreement.
ARTICLE XI. CONTROL OF RETAIL SPACE BY LANDLORD.
11.1 Use and Maintenance of Common Areas. Tenant and those doing business with Tenant for
purposes associated with Tenanfs business on the Premises, shall have a non-exclusive license to use the
common areas for their intended purposes during normal business hours in common with others entitled thereto
and subject to any rules and regulations imposed by Landlord. Landlord shall use reasonable efforts to keep the
common areas in good repair and condition and shall clean the common areas when necessary. Tenant
acknowledges that any common areas of the Retail Space shall at all times be under the exclusive control and
management of Landlord. For purposes of this Lease, "common areas" shall mean those areas, facilities, utilities,
improvements, equipment, and installations of the Retail Space which serve or are for the benefit of tenants of
more than one component of the Retail Space and which are not designated or intended by Landlord to be leased,
from time to time, or which are provided or designated from time to time by Landlord and/or the City for the benefit
or use of all tenants in the Retail Space, their employees, customers, and invitees, in common with others entitled
to the use or benefit of same. Tenant acknowledges that the Garage portion of the Facility is not a part of the
Retail Space, and that Tenant has no right or license to use the Garage pursuant to this Lease. Any use by
Tenant or its invitees of the Garage is subject to the rules and regulations in connection therewith imposed by
Landlord (or successor owner) andlor the operator of the Garage. No portion of the garage is under Landlord's
control or supervision, and Landlord shall not be liable for any damage to automobiles of any nature whatsoever
to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the Garage.
Additionally, Tenant acknowledges that although the Garage has 800 available parking spaces, the Garage is
subject to the following Garage Easement Agreements: 1. Lowe's Hotel Garage Easement Agreement, dated as
of September 20, 1996 ("Lowe's Garage Easement Agreemenf), recorded in Official Records Book 17362, at
Page 130, of the Public Records of Miami-Dade County, Florida; and 2. The Garage Easement Agreement
between RDP Royal Palm Hotel Limited partnership and Miami Beach Redevelopment Agency, dated as of May
28, 1998 and recorded in O,R. Book 18170, Page 1082, of the Public Records of Miami-Dade County, Florida.
These Garage Easement Agreements, if exercised simultaneously by both Grantees, to the fullest extent
possible, have the effect of reducing the available parking spaces at the Garage for use by the general public
(including monthly and daily parking users) from 800 to approximately 66 spaces.
11.2 Alterations bv Landlord. Landlord and/or the Ci$ may (but shall not be obligated to) (i) alter, add
to, subtract from, construct improvements on, re-arange, and construct additional facilities in, adjoining, or
proximate to the Retail Space; (ii) relocate the facilities and improvements in or comprising the Retrail Space or
erected on the Land; (iii) do such things on or in the Retail Space as required to comply with any laws, by-laws,
regulations, orders, or directives affecting the Land or any part of the Retail Space; and (iv) do such other things
on or in the Retail Space as Landlord and/or the City, in the use of good business judgment determines to be
14
1139
advisable, provided that notwithstanding anything contained in this section11.2, access to the Premises shall be
available at all times. Landlord shall not be in breach of its covenants for quiet enjoyment or liable for any loss,
costs, or damages, whether direct or indirect, incurred by Tenant due to any of the foregoing; provided, Landlord
shall exercise its rights under this section in a manner so as to minimize any disruption or interference with the
operation of Tenant's business and property.
11.3 Tenant Relocation. Landlord shall have the right, at any time upon sixty(60) days'written notice
to Tenant, to relocate Tenant into other space within the Retail Space comparable to the Premises. Upon such
relocation, such new space shall be deemed the Premises and the prior space originally demised shall in all
respects be released fom the effect of this Lease. lf Landlord elects to relocate Tenant as above described,
(i) the new space shall contain approximately the same as, or greater usable area than the original space,
(ii) Landlord shall improve the new space, at Landlord's sole cost, to at least the standards of the original space,
(iii) Landlord shall pay the reasonable costs of moving Tenant's trade fixtures and furnishings fiom the original
space to the new space, (iv) as total compensation for all other costs, expenses, and damages which Tenant may
suffer in connection with the relocation, including but not limited to, lost profit or business interruption, no
Minimum Rent shall be due or payable for the first two (2) fult calendar months of Tenanfs occupancy of the new
space, and Landlord shall not be liable for any further indirect or special expenses of Tenant resulting from the
relocation, (v) Minimum Rent and all other charges hereunder shall be the same for the new space as for the
original space, notwithstanding that the new space may be larger than the original space, and (vi) all other terms
of this Lease shall apply to the new space as the Premises, except as otherwise provided in this paragraph.
ARTICLE XII. CONDEMNATION.
12.1 Total or Partial Takino. lf the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of
eminent domain or sold to public authori$ under threat or in lieu of such taking, the Term shall cease as of the
day possession or title shall be taken by such public authority, whichever is earlier ('Taking Date"), whereupon
the rent and all other charges shall be paid up to the Taking Date with a proportionate refund by Landlord of any
rent and all other charges paid for a period subsequent to the Taking Date. lf less than the whole of the
Premises, or less than such portion thereof as will make the Premises unusable for the purposes leased
hereunder, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay rent and
other charges up to the Taking Date, with appropriate credit by Landlord (toward the next installment of rent due
from Tenant) of any rent or charges paid for a period subsequent to the Taking Date. Minimum Rent and other
charges payable to Landlord shall be reduced in proportion to the amount of the Premises taken.
12.2 Award. All compensation awarded or paid upon a total or partial taking of the Premises or Retail
Space including the value of the leasehold estate created hereby shall belong to and be the property of Landlord
without any participation by Tenant; Tenant shall have no claim to any such award based on Tenants leasehold
interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, fiom
independently prosecuting any claim directly against the condemning authority in such condemnation proceeding
for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal proper$ belonging to
Tenant and for Tenant's moving expenses; provided, however, that no such claim shall diminish or othenrise
adversely affect Landlord's award or the award of any mortgagee.
ARTICLE XIII. PROMOTION.
13.1 Promotional Fund: Merchants' Association. lntentionally Omitted.
15
1140
ARTICLE XIV. GENERAL PROVISIONS.
14.1 Delav. Whenever a period of time is herein prescribed for the taking of any action by Landlod or
Tenant, as applicable, Landlord or Tenant, as applicable, shatl not be liable or responsible for, and there shall be
excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of
labor or materials, \rar, or governmental laws, regulations, or restrictions in the nature of a prohibition or
moratorium, or any bona fide delay beyond the reasonable control of Landlord or Tenant, as applicable. The
foregoing shall not apply to any payments of money due under this Lease.
14.2 Holdino Over. lf Tenant remains in possession of the Premises after the end of the Term without
having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal
of this Lease or the Term, and Tenant shall be deemed to be occupying the Premises as a Tenant from month to
month at a monthly Minimum Rent payable in advance on the first day of each month equal to twice the monthly
amount of Minimum Rent payable during the last month of the Term, and otherwise upon the same terms as are
set forth in this Lease, so far as they are applicable to a monhly tenancy.
14.3 Waiver: Partial lnvalidity. lf Landlord excuses or condones any def;ault by Tenant of any
obligation under this Lease, this shall not be a waiver of such obligation in respect of any continuing or
subsequent default and no such waiver shall be implied. All of the provisions of this Lease are to be construed as
covenants even though not expressed as such. lf any provision of this Lease is held or rendered illegal or
unenforceable it shall be considered separate and severable from this Lease and the remaining provisions of this
Lease shall remain in force and bind the parties as though the illegal or unenbrceable provision had never been
included in this Lease.
14.4 Recordino. Neither Tenant nor anyone claiming under Tenant shall record this Lease or any
memorandum hereof in any public records without the prior written consent of Landlord.
14,5 Notices. Any notice, consent, or other instrument required or permitted to be given under this
Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or
ovemight express mail courier, postage prepaid, addressed (i) if to Landlord, at the address set forth in the Lease
Summary; and (ii) if to Tenant, at the Premises or, prior to Tenant 's occupancy of the Premises, at the address
set forth on the Lease Summary. Any such notice or other instruments shall be deemed to have been given and
received on the day upon which personal delivery is made or, if mailed, then forty-eight (aB) hours foltowing the
date of mailing. Either party may give notice to the other of any change of address and after the giving of such
notice, the address therein specified is deemed to be the address of such party for the giving of notices. lf postal
service is interrupted or substantially delayed, all notices or other instruments shall be detivered in person or by
ovemight express mail courier.
14.6 Successors: Joint and Several Liabilitv. The rights and liabilities created by this Lease extend to
and bind the successors and assigns of Landlord and the heirs, executors, administrators, and permitted
successors and assigns of Tenant. No rights, however, shall inure to the benefit of any transferee unless such
Transfer complies with the provisions of Article Vlll. lf there is at any time more than one Tenant or more than
one person constituting Tenant, their covenants shall be considered to be joint and several and shall apply to
each and every one of them.
14.7 Caotions and Section Numbers. The captions, section numbers, article numbers, and table of
contents appearing in this Lease are inserted only as a matter of convenience and in no way affect the substrance
of this Lease
14.8 Extended Meaninos. The words "hereof," "hereto," "hereunder," and similar expressions used in
this Lease relate to the whole of this Lease and not only to the provisions in which such expressions appear. This
Lease shall be read with all changes in number and gender as may be appropriate or required by the context.
Any reference to Tenant includes, when the context allows, the employees, agents, invitees, and licensees of
Tenant and all others over whom Tenant might reasonably be expected to exercise control. This Lease has been
16
1141
fully reviewed and negotiated by each party and their counsel and shall not be more strictly construed against
either party.
14.9 Entire Aqreement Governino Law: Time. This Lease and the Exhibits and Riders, if any,
attached hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant
concerning the Premises and there are no other agreements or understandings between them. This Lease and
its Exhibits and Riders may not be modified except by agreement in writing executed by Landlord and Tenant.
The Executive Director of the Miami Beach Redevelopment Agency shall have the authority to execute
modifications to the Lease, on behalf of the Landlord. This Lease shall be construed in accordance with and
governed by the laws of the State of Florida. Time is of the essence of this Lease.
14.10 No Partnershio. The parties hereby acknowledge that it is not their intention under this Lease to
create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or
agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this
Lease, whether based on the calculation of rental or otheruise, shall be construed or deemed to create, or to
express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or
agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section
shall survive expiration of the Term.
14.11 Quiet Eniovment. lf Tenant pays rent and other charges and fully observes and performs all of its
obligations under this Lease, Tenant shall be entitled to peaceful and quiet enjoyment of the Premises for the
Term without intenuption or interference by Landlord or any person claiming through Landlord.
14.12 Brokeraoe. Landlord and Tenant each represent and warrant one to the other that except as set
forth in the Lease Summary, neither of them has employed any broker in connection with the negotiations of the
terms of thiS Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each
other harmless against any loss, expense, or liability with respect to any claims for commissions or brokerage
fees arising from or out of any breach of the foregoing representation and warrang. Landlord recognizes the
broke(s) specified in the Lease Summary as the sole broker(s) with whom Landlord has dealt in this transaction
and agrees to pay any commissions determined to be due said broker(s).
14.13 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to be provided with
respect to the contract for sale and purchase of any Facility, or a rental agreement for any Facility:
'RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a Facility
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 Facilities in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
14.14 Execution. This Lease has been submitted for discussion purposes only and shall not be
deemed an offer by either party to the other to enter into this Lease unless and until this Lease shall have been
executed by both parties, indicating their acceptance of the tenns and conditions contained herein.
14.15 TRIAL BY JURY. LANDLORD AND TENANT EACH HEREBY WAIVES tTS RTGHT TO A JURY
TRIAL OF ANY ISSUE OR CONTROVERSY ARISING UNDER THIS LEASE.
17
1142
EXECUTED as of the day and year first above written.
WTNESSES: LANDLORD:
MIAMI BEACH REDEVELOPMENT AGENCY, a public
body corporate and politic
Rafael E. Granado, Secretary Philip Levine, Chairperson
WTNESS
Print Name:
TENANT:
ARTCONNECTION INTERNATIONAL, INC.
WITNESS
Print Name:
WITNESS
Date:
Print Name:
APPROVED AS TO
FORM & TANGUAGE
By:
& FOR EXECUITO0!
D*[-.-- s(,LIO
18
-
-
CfiAttomey Sl[ Ooie
1143
EXHIBIT "A"
Legal Description
Lots 8, 9, 10, 11, 12 and 13, Block 57, Fishe/s First Subdivision of Alton Beach, according to the Plat thereol as
recorded in Plat Book 2, Page 77 of the Public Records of Dade Coung, Florida, together with all of 16th Street
(Avenue "C"), less and except the following described parcel:
BEGINNING at the Southwest corner of Block 54 of said Fisher's First Subdivision of Alton Beach Plat; thence
North 88' 0'53" East along the South line of said Block 54, a distance of 443.08 feet, to the Southeast comer of
said Block 54; thence South 07' 35' 04" West, a distance of 96.26 feet, to a point of cusp with a tiangent curve
concave to the Southwest; thence along the arc of said curve to the left, having a radius of 25.00 ieet and a
central angel of 90" 00' 00", an arc distance of 39.27 feet, to a point of tangency; thence Nortr 82" 24' 52 West, a
distance of 24.75 feet; thence South 88" 00' 53' West along a line 8.00 feet North of and parallel with, as
measured at right angles to the North line of Block 57 of said plat, a distance of 382.18 feet to a point on the
!ryterly Right-of-Way line of Washington Avenue; thence North 01'59' 11'West atong said Easterly
Right-of-Way line, a distance of 62.00 feet to the Southwest corner of said Block 54 and the Pointbf beginning.
Said lands lying and being in the Ci$ of Miami Beach and containing 65,910 square feet (1.5131 Acres) more or
less.
Art Cmncotisr Lcsc Acndrrrn (Final ) 8-12-2015
1144
EXHIBIT'B'
Site Plan of Retail Space and Location of Premises
8.--.+L--__8' i
z
J
0,Z
a
i{Fl lt
F.l .ilfl
H r*L'rI =_:\
f L-F: -
i'l =.€l:; r
H -*e
Fl -4"
u
\--,? _
tw
6 .*ll
n't
Fllt
'{
F\
0
0
l,l
,.
t)
t-'
I
1145
EXHIBIT'C"
RULES AND REGULATIONS
1. Security. Landlord may from time to time adopt appropriate systems and procedures for the
security or safety of the Retail Space, any persons occupying, using, or entering the same, or any equipment,
furnishings, or contents thereof, and Tenant shall comply with Landlord's reasonable requiremenb retative
thereto.
2. Return of Kevs, At the end of the Term, Tenant shall promptly return to Landlord all keys for the
Retail Space and Premises which are in the possession of Tenant. ln the event any Tenant fails to refurn keys,
Landlord may retain $100.00 of Tenanfs security deposit for locksmith work and administration.
3. Reoair. Maintenance, Alterations. and lmprovements. Tenant shall carry out Tenants repair,
maintenance, alterations, and improvements in the Premises only during times agreed to in advance by Landlord
and in a manner which will not interfere with the rights of other Tenant's in the Retail Space.
4. Water Fixtures. Tenant shall not use water fixtures for any purpose for which they are not
intended, nor shall water be wasted by tampering with such fixtures. Any cost or damage resultng from such
misuse by Tenant shall be paid for by Tenant.
5. Personal Use of Premises. The Premises shall not be used or permitted to be used
residential, lodging, or sleeping purposes or for the storage of personal effects or property not required
business purposes.
6. Heavy Articles. Tenant shall not place in or move about the Premises without Landlord's prior
written consent any safe or other heavy article which in Landlord's reasonable opinion may damage the Premises,
and Landlord may designate the location of any such heavy articles in the Premises.
7. Bicvcles. Animals. Tenant shall not bring any animals or birds into the Retail Space, and shall not
permit bicycles or other vehicles inside or on the sidewalks outside the Retail Space except in areas designated
from time to time by Landlord for such purposes.
8, Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment, fumishings, wares,
and merchandise to the Premises are made through such entrances, elevators, and conidors and at such times
as may from time to time be designated by Landlord, and shall promptly pay or cause to be paid to Landlord the
cost of repairing any damage in the Retail Space caused by any person making improper deliveries.
9. Solicitations. Landlord reserves the right to restrict or prohibit canvassing, soliciting, or peddling in
the RetailSpace.
10. Food and Beveraqes. Only persons approved from time to time by Landlord may prepare, solicit
orders for, sell, serye, or distribute foods or beverages in the Retail Space, or use the common areas for any such
purpose. Except with Landlord's prior written consent and in accordance with arrangements approved by
Landlord, Tenant shall not permit on the Premises the use of equipment for dispensing food or beverages or for
the preparation, solicitation of orders for, sale, serving, or distribution of food or beverages.
11. Refuse. Tenant shall place all refuse in proper receptacles provided by Tenant at its expense in
the Premises or in receptacles (if any) provided by Landlord for the Retail Space, and shall keep sidewalks and
driveways outside the Retail Space, and lobbies, corridors, stainrells, ducts, and shafts of the Retail Space, free
of all refuse.
for
for
1146
12. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or driveways
outside the Retail Space or in the lobbies, corridors, stainrells, or other common areas, or use such locations for
any purpose except access to and exit from the Premises without Landlord's prior wriften consent. Landtord may
remove at Tenants expense any such obstruction or thing caused or placed by Tenant (and unauthorized by
Landlord) without notice or obligation to Tenant.
13. Prooer Conduct. Tenant shall not conduct itself in any manner which is inconsistent with the
character of the Retrail Space as a first quality retail center or which will impair the comfort and convenience of
other Tenants in the Retail Space.
14. Emplovees. Aqents. and lnvitees. ln these Rules and Regulations, "Tenanf includes
employees, agents, invitees, and licensees of Tenant and others permitted by Tenant to use or occupy
Premises.
15. Pest Control. ln order to maintain satisfactory and uniform pest control throughout the Retail
Space, Tenant shall engage for its own Premises and at its sole cost, a qualified pest extermination contractor
either designated or approved by Landlord, who shall perform pest control and exterminatlon services in the
Premises at such intervals as reasonably required or as may be directed by Landlord.
the
the
1147
EXHIBIT'D"
Prohibited Uses
1) ln no event may the primary business at the Premises engage in the sale of food, alcoholic and non-
alcoholic beverage items.
2\ ln no event may the primary business at the Premises be the sale of clothing for men, women and juniors,
resort wear, souvenirs, and designer shoes.
3) ln no event may the primary business at the Premises engage in the sale of swimwear, beach attire or
related beach apparel accessories.
4) ln no event may the primary business at the Premises be used to display and sell athletic footwear,
apparel, and athletic apparel accessories.
aSg Dfaft - 2015cru*t"rerroBBllwpua\LocaltMicrcroliwindcws\Temporsy tnt lrEt Flbs\cmtenl ouuooklzgzlgFT3\An cmnectim LeasoA0r€arn.nl (Fimt )8-r2.
2Ot5 doo(
1148
o6
6c-oo6!o66tr,-
PE(, -g[i>oos>
E(J
\So
\r
EEEgEEIEEEEBiE*iEE#EEEEIEEiIiEEEEE
3 EEtrEE fiE$8Q ;; i,aEii .edG1-
E E :i H6t
fI f,EE}fE$EEEF€E: i$ Ei{EEEEf s EEgEE E€I iiE iI:E .'{a;eff$E=i*fiE ;E ffigEg;aA I EEaE{ sEi E€E #E
.!E <6.'6II l;;qE!EIq*$IEE .EF E!e5IEEg $ #i:EE frEE EEE E ":E '-erlii:EEEr;tsr iE fl3gE;35g E ?;E3* ;:E iii ;E
€r ,pE6Egt * il a;.
Et iggE**
pr;EEEf; ie ?EaEu=?i 5 E$lii €EE E;E f,r;iigiiiEEiiEBiEEEEEffiiiEiEiiEEiIIis i i! i Ee; iEis9 EI ;II*
0E ll) 'ii'F E 9; .-==*i5Et[[giEai#EiEEE5FETEEEEEiErE+sirEtEEifi
6 s gg i;*s
$ H E} gggeEflE.it€f ;ig II$ €iiii;**i ; EE?EE PEE EIE EE
EHiiIiEi$EHEigigiE-EiEEEEEEE{EEEEiEiiEIEiIEiE
*s $E€scctEgEifiEt
eiiEiirgtit+a!*istEEEEEtti=EiErgit
;:;giliirgiEirssligllEEisEilEsis:E :;FE[!EE:5 fggSi
IIIiI* Ei IiHIIEEFi!gEf{I EiE
-iglEEEi
o
trl
trt
=ILo
6
rl
rl
II
UIz:
!noN
dN
Fq
f(9
f
t
oq
d
=-F
Uz
E;olul
E
Eo:E
E
.E:
6J
4q
=s
=
1149
THIS PAGE INTENTIONALLY LEFT BLANK
1150