20171018 SM1MIAMI BEACH
Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
October 18,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt 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 City
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 City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G2 - Competitive Bid Reports
c2D REQUEST FOR APPROVAL TO |SSUE REQUEST FOR PROPOSALS (RFp) NO. 2018-021-KB,
FOR BARCLAY PLAZA LEASE.
Housing and Community DevelopmenUProcurement
Supplemental updated on 10/1 312017
(Memorandum)
G7 - Resolutions
C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AFFIRMING THE CITY MANAGER'S CONSENT TO A CHANGE OF OPERATOR OF
THE MIAMI BEACH MARTNA FROM RCt MAR|NE, tNC. AND ROBERT CHRTSTOPH ("CURRENT
oPERATORS") TO MBM MARTNA MANAGER, LLC AND SMt CONCTERGE SERV|CES, LTD.
("PROPOSED OPERATORS"), AS REQUTRED UNDER SECTTON 2.27 OF THE LEASE
AGREEMENT, DATED JUNE 24, 1983, BETWEEN THE CITY AND MIAMI BEACH MARINA
ASSOCTATES, LTD. ("LESSEE").
Iourism, Culture, and Economic Development
Supplemental updated on 1011 1 12017
(Memorandum & Resolution)
1
Supplemental 1, October 18,2017 Commission Meeting
C7 Y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN
THE CtTy COMMTSSTON MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING,
BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE
IN THE BEST INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITYAND DESIGN MIAMI
II, LLC FOR USE OF PORTIONS OF THE PREFERRED PARKING LOT, LOCATED TO THE WEST
OF THE MIAMI BEACH CONVENTION CENTER, FOR APPROXIMATELY TWO MONTHS EACH
YEAR FOR A pERtOD OF StX (6) YEARS, TO HOLD THE 2018-2023 DESIGN MIAMI SHOWS,
WITH ONE RENEWAL OPTION TO HOLD THE2024-2028 DESIGN MIAMISHOWS.
fourism, Culture, and Economic Development
Supplemental updated on 10/1 112017
(Resolution & Agreement)
C7 AB A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACKNOWLEDG ING MAYOR PH I LIP LEVIN E'S DECISION TO VOLUNTARILY FOREGO
THE FULL ANNUAL SALARY AND OTHER COMPENSATION AND BENEFITS AFFORDED TO
THE OFFTCE OF MAYOR, AS HERETNAFTER SET FORTH rN THIS RESOLUTION (THE
"MAyOR',S COMPENSAT|ON"), THROUGH THE END OF HIS TERM OF OFFICE AS MAYOR lN
NOVEMBER 2017 IN FISCAL YEAR 2017-2018, AND APPROVING THE TRANSFER OF FUNDS
EQUIVALENT TO THE MAYOR'S COMPENSATION FROM THE CITY OF MIAMI BEACH TO ONE
MIAMI BEACH, INC. SO THAT'SUCH FUNDS MAY BE EXPENDED BY ONE MIAMI BEACH, INC.
TO FUND QUALIFIED NEEDS AND PROJECTS, AS DETERMINED BYONE MIAMIBEACH, INC.,
THAT BENEFIT ANIMAL WELFARE.
Office of the City Attorney
Mayor Philip Levine
Supplemental updated on '10/1 312017
(Resolution)
C7 AC A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING PARQUES REUNIDOS SERVICIOS CENTRALES S.A., THE OWNER AND
OPERATOR OF THE MIAMI SEAQUARIUM, TO RETIRE LOLITA, THE ENDANGERED ORCA
WHALE, FROM HER SMALL TANK IN THE MIAMISEAQUARIUM, AND MOVE HER TO A PEN IN
THE PACIFIC NORTHWEST AS SOON AS POSSIBLE; AND, DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO ALL COUNTY MAYORS IN THE STATE OF
FLORIDA AND TO THE FLORIDA LEAGUE OF CITIES.
Office of the City Attorney
Mayor Philip Levine
Supplemental updated on 10/1 112017
(Resolution)
2
Supplemental 1, October 18,2017 Commission Meeting
R5B
R5 - Ordinances
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
''ALCOHOLIC BEVERAGES,'' ARTICLE I, ENTITLED ''IN GENERAL,'' SECTION 6-3 THEREOF,
ENTITLED ''HOURS OF SALEA/IOLATIONS," TO AMEND THE HOURS OF PACKAGE SALES OF
ALCOHOLTC BEVERAGES (WH|CH TNCLUDE SALES OF ALCOHOL FOR OFF-PREMISES
CONSUMPTION) IN THE MXE MIXED USE ENTERTAINMENT DISTRICT, AND IN THE
ADJOINING CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
10:05 Seeend First Readinq Public Hearinq Office of the CityAttomey
First Reading on September 25,2017 - R5 AC Vice-Mayor Ricky Arriola and Co-Sponsored by
Mayor Philip Levine
Supplemental updated on 10/1 312017
(Ordinance)
R7 - Resolutions
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE FINANCIAL TERMS OF THE AGREEMENT WITH HARRIS
coRpoRATtoN, pURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.2017-006-AK, FORA
PUBLIC SAFETY RADTO NETWORK, AS SET FORTH IN EXHIBIT "A" TO THE COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION; AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO FINALIZE THE AGREEMENT WITH HARRIS CORPORATION,
INCORPORATING THE TERMS APPROVED HEREIN; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT WITH HARRIS
CORPORATION, SUBJECT TO REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY.
Pol i ce/Fi relE me rge n cy Ma n a g e me nUP rocu re ment
Supplemental updated on 1 0/1 1 12017
(Memorandum & Resolution)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN
AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-199-KB FOR
DESIGN, BUILD, OPERATION, AND MAINTENANCE SERVICES FOR AN INTELLIGENT
TRANSPORTATTON AND SMART pARKtNG SYSTEM (THE "PROJECT"), TO TRANSCORE lTS,
LLC ("TRANSCORE',), AS THE TOP-RANKED PROPOSER, AND AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TRANSCORE; FURTHER, SHOULD
THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH
TRANSCORE, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
ITERIS, INC., AS THE SECOND HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH ITERIS,
INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH SICE, INC.,
AS THE THIRD HIGHEST RANKED PROPOSER;AND FURTHER, SUBJECT TO NEGOTIATION
OF A CONTRACT PRICE THAT IS WITHIN THE CITY'S BUDGETED APPROPRIATION FOR
PHASE IAND PHASE II OF THE PROJECT, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMlNlsrRATloN'
Transportation/procurement
Supplemental updated on 1 0/1 1 12017
(Memorandum & Resolution)
R7D
R7H
3
Supplemental 1, October 18,2017 Commission Meeting
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS SEPTEMBER27,2017 MEETING APPROVING THE PLACEMENT
OF VARIOUS FARAH SERVICE URBAN SPORTS EQUIPMENT (USE)AT SOUTH POINTE PARK,
BRITTANY BAY PARK, BANDSHELL PARK (SAND BOWL) AND THE VENETIAN CAUSEWAY
FOR A ONE-YEAR PILOT PERIOD, CONTINGENT UPON CITY COMMISSION APPROVAL OF
THE LOCATIONS WITHIN THESE SITES.
Parks and Recreation
Vice-Mayor Ricky Arriola
Supplemental updated on 10/1 112017
(Resolution)
R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS SEPTEMBER27,2O17 MEETING AND APPROVING, IN CONCEPT,
THE CREATION OF A TEMPORARY SKATE PARK AT THE WEST LOT LOCATED NORTH OF
82ND STREET, SUBJECT TO FURTHER CITY COMMISSION APPROVAL(S).
Parks and Recreation
Vice-Mayor Ricky Arriola
Supplemental updated on 10/1 312017
(Resolution)
Rl0 - Citv Attornev Reports
R1O B CITYATTORNEY REPORT.
Office of the City Attorney
Supplemental updated on 1 0/1 1 12017
(Memorandum)
4
Comoetitive Bid Reports - C2 D
COMMISSION MEMORANDUM
Honorable Mayor ard Members of the City Commission
Jimmy L. Morales, City Manager
October 18,2017
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT: REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2018-021-KB,
FOR BARCLAY PLMA LEASE,
RECOMMENDATION
Authorize the issuance of the RFP.
ANALYSIS
On May 6, 2015, City Conrnission adopted Resolution No.2015-29017, which directed that the Barclay Plaza Apartnnnts be
developed as Workforce Housing serving persons enployed in the public safety, education and rnunicipal sectors earning
between 12Q% to up to 140% of the Area Median lncorne (AMl). On March 1, 2017, the City Commission adopted Resolution
No. 2017-29758 which arnended the serving person's earnings, up to 140% (AMl). Additionally, Comrnission accepted the
recornnendations rnade by the Land Use and Developnrent Conrnittee to incentivize the private developrnent of Workforce
Housing. On April 26,2017, the City Commission adopted Resolution No. 2017-29823 that accepted the recomnrendations
nnde by the Finance and Citywide Projects Committee from the March 3'1, 2017 neeting, with respect to the development of the
Barclay Plaza Apartnents, which included the following paraneters:
A. lncone limits increased to accornrnodate households earning up to 140% AMl, and thereby ensure the broadest inclusion
of City of Miani Beach nunicipal workers and educators as possible;
B. Two-year employnent tenure be the mininum threshold for eligibility of tenants served by the Project;
C. The parking lot and existing pool at the Barclay Plaza Apartnents ney be considered for inclusion in the developnent area
for the Project to naximize the nurder of units that can be developed for Workforce Housing purposes; and
D. The Project's potential inclusion of a comrnercial conponent or accessory use, subject to prior review and approval by the
City.
On July 27,2017, the City Conrnission adopted Resolution No.2017-29925 thataccepted the reconrrendations of the
June 16, 2017 Finance and Citywide Projects Conrnittee providing certain paraneters for the Barclay Plaza Apartnents
developnent: Projected rents to be established at 30% of the targeted AMI ranges and adjusted for unit size or cunently
approxirnately $1,491 - $1,740 for a one bedroom unit, and $1,917 - $2,237 tor a two-bedroom unit, as adjusted for inflation
via the Consuner Price lndex, in order lo ensure that units remain Affordable for the targeted workforce sectors
The issuance of an Request for Proposals (RFP) by the City of Miami Beach shall provide a rneans for prospective
proposers to submit their qualificalions, approach, conceptual design, and financial and other terns for the City's
consideration. Additionally, the RFP will result in the leasing of the Barclay Plaza Apartnents, [0.60] acre City owned site
located at ['t940 Park Avenue, Miami Beach, FL 33139], for residential Workforce Housing apartment building serving City
of Miami Beach Municipal workers and feeder pattem educators with a ninimrm of 26 units and related improvernents.
The project includes the renovation of the existing historical building in accordance with historic preservation requirements.
The project nay include the potential developnent of the eisting parking lot on the property, and conrrercial accessory
uses, in accordance with the City's land developrnent regulations and subject to approval by the applicable regulatory
boards and the City Conrnission. Additionally, proposals should take into consideration cunent rnarket needs and
conditions, and utilize the land to leverage other public (County, State or Federal), non-profit and private funds for site
developnent in the best ranner possible for the conrrunity.
Scope of Services
The scope of services proposed for the RFP shall include, but not be limited to the following:
'l . The City shall not provide, nor should Proposers rely on, any public funding or public financing for the Project.
5
2. The Developer shall be solely responsible for all costs and expenses associated with the development, design,
construction, equipping, and installation of all fumiture, fixtures, equipnent and other inprovernents relating to the Project,
the Developer will also be responsible for its subsequent operation or use, and all alterations, repairs or replacenrnts
thereof.
3. The Developer shall be required to npke a repayment to the United States Departnrent of Housing and Urban
Developrnent (HUD) in the anpunt of $485,832.22 for HUD funds previously invested in this property.
4. For the term of the Lease, the Developer must continuously operate the residential portion of the Project for Workforce
Housing purposes, in accordance with, and subject to the paranreters and limitations, specified by the City, in the
negotiated Lease.
5. The Lease awarded pursuant to this RFP, as the sanre nny be npdified, anended or renewed, will not at any tine be
subject or subordinate to (a) any nortgage now or hereafter placed upon Developer's interest in lhe Lease, or (b) any other
liens or encurnbrances hereafter affecting Developer's interest in the Lease. The City shall at all times have a first priority
right to paynent of rent due to City under the Lease. The Lease shall contain conrnercially reasonable terns intended to
facilitate traditional fi nancing.
6. The Developer nrust accept the Property in its 'AS lS" condition, with all faults and patent or latent defects, and with no
representation or warranties by the City of any kind whatsoever with respect to the Property or the condition, feasibility,
value or financial prospects of the Project or any portion thereof.
7. The rights granted under the Lease shall be non-exclusive and the City reserves the right to grant similar privileges and
similar leases to other lessees, and to take any and all actions (including the leasing of City Property other than the
Property for any lawful purpose) that City is permitted to take under Federal, State, and Local law.
8. Minimlm Unit Size and Composition: Developer nnrst provide, at a nininum, in its Developnent Plan the following nurnber
and configuration of units to be rehabilitated/developed as Workforce Housing units:
a. Studios - 2
b. One.bedroom- 16
c. Twe.bedroom-6
d. Three-bedroom-2
Minimum anenity: All units rrust have in-unit laundry facilities
9. The project shall be in conpliance with energy efficiency and Leadership in Energy and Environrnental Design (LEED)
Gold construction standards.
At the conclusion of the RFP process, and once the Developer is selected, the City intends to negotiate a Developnrent
{greenent and Ground Lease with the Developer. lt is anticipated that the resulting development should yield the maxinum
nunber of units feasible under current zoning and provide the rnost efficient use of the Property.
At this tine, the adn$nistration is requesting the authorization to release the final draft of the RFP via LTC to City Commission
and following Commission's acceptance further authoriZng the issuance of the RFP.
CONCLUSION
The Administration recornrnends that the Mayor and Conmission authorize the issuance of the RFP No. 2018-021-KB for
Barclay Plaa - Lease is subject to funds availability approved through the City's budgeting process.
KEY INTENDED OUTCOMES SUPPORTED
Ensure WorHorce Housing For Key lndustry Workers ls Awilable ln Suitable Locations
Leoislative Tracking
Housing and Community DewlopnrenUProcurernent
6
Resolutions - C7 W
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18,2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AFFIRMING THE CITY MANAGER'S CONSENT TO A CHANGE OF OPERATOR OF
THE MtAMt BEACH MARTNA FROM RCI MARINE, tNC. AND ROBERT CHR|STOPH ("CURRENT
oPERATORS") TO MBM MARTNA MANAGER, LLC AND SMt CONCTERGE SERV|CES, LTD.
('PROPOSED OPERATORS"), AS REQUTRED UNDER SECTTON 2,27 OF THE LEASE
AGREEMENT, DATED JUNE 24, 1983, BETWEEN THE CITY AND MIAMI BEACH MARINA
ASSOCTATES, LTD. ("LESSEE',).
RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Miami Beach Marina ("Marina") is located adjacent to Governrnent Cut and offers dockage and other nnrina related
services for the use and benefit of the public. With 400 boat slips, the nnrina can acconrrpdate vessels up to 250 feet in
length. Also available on site are general retail and office uses such as casual and fornal dining facilities, rnarine hardware
retailers, dive charters and boat sales.
On June 1 5, 1983, after reviewing the proposals submitted for the Marina, pursuant to Bid No. 54-83 for the lease of the Marina,
the Mayor and Cily Commission passed Resolution No. 83-17385, approving and authorilng the execution of a lease
agreement with Carner-Mason Associates, Ltd. for the construction and rnanagement of a marina and dry storage facility in the
South Shore developnent area (generally lying south of 6h Street). The Marina Lease was subsequently signed on June 24,
1983.
On October 17, 1989, pursuant to a judgnent of foreclosure of the Marina leasehold interest, Tallahassee Building Corporation,
a Delaware corporation, a wholly owned subsidiary of Heller Financial, lnc., acquired the interest of Carner-Mason in the Marina
Lease.
Thereafter, the Marina Lease was anpnded four tines, as follows: 1) First Arnendrnent, which consisted of the parties'
agreenent to a "Modified Lease", dated October 23, 1991; 2) Second Anpndrnent, dated August 1'1, 1994; 3) Third Anendnent,
dated May 27 , 1997 , which also included the adoption of Resolution No. 97-22398, where the City consented to the assignnent
of the Lease from Tallahassee Building Corporation to the current lessee, the Miami Beach Marina Associates, Ltd., a Florida
Limited Partnership (Lessee); and 4) Fourth Arnendrnent (and nnst recent), dated April 15, 1998.
Basic Lease Terms
Lessee: Miami Beach Marina Associates, Ltd, a Florida limited partnership
Operator: RCI Marine, lnc. and Robert Christoph
Property Location: 344 Alton Road, Miand Beach, Floilda
Use: Lessee shall use the Marina Site solely as a boat port, boat rentals, charter boat, boat repair
facilities, sale of fuel, showers, restroorr,s, sale of new and used boats, sale of bait and nnrine
accessories, rnarina and recreation facility offering dockage, mooring and other nBrina related
services for the use of and by the general public.
Execution Date: June 24,1983
lnitial Term: Thirty (30) full years, comnrencing on January 1, 1992 and ending on January 1, 2022
7
Renewal Options: Three (3) Ten (10) year options, exercised at Lessee's sole discretion.
Rent Arnount: Percentage Rent: Lessee shall pay Annual Percentage Rent equal to:
' Mininy.rm Guarantee of $320,000 annually' Two cents ($0.02) per gallon from the sale of gasoline and' Ten percent (10%) of Gross Receipts' ln the event the Marina charges fees for parking the City
diesel fuel
would be entitled to
receive 35% ofthe gross parking fee revenues.
Parking: City is obligated to provide not less than 715 spaces, reserved for use by the Marina
facililies. For parking spaces in the condominium garages, City does not pay for parking spaces, but
paid for initial capital cost, and also pays for the electric utili$ costs of the garage spaces, real estate
taxes, special assessrnent or other similar charges, and any pass through fees or costs or insurance
pursuant to the leases between the Gity and the Landlord/CondominiumAssociations.
Maintenance/Operation: The Marina nraintains in good repair: slips, buildings, structures, facilities,
intprovernents (inside and out), including, w/o lin*tation, roof, foundation, wall, floors, sidewalks,
baywalks, curbs, landscaping, parking lots/areas, parking garage entrance/exits (resurfacing/paint
etc.), signage, water and sewer connections, windows, plunbing, utility fi*ures, pipes, wires, conduits,
elevators, escalators, nachines and fixtures and appliances in good, clean healthy and safe condition;
rnaintain parking areas well lighted; rnaintain lighting fi*ures, security, water, telephone, rnaintenance
of revenue and/or security control equipnent and systens; enploy patrol for adequate security; and
insurance for the operation of the Marina.
Dockage RuleslRates: The Marina establishes and enforces reasonable rules and regulalions and
establishes dockage rates and other fees, all of which are subject to the approval of the City Manager.
Following is a summary of the annual rent payments from 2008-2016.
ANALYSIS
The Miamj Beach Marina Associates, Ltd ("Lessee") met with the Adninistration to discuss a change of operator of the Marina
and, as required under Section 2.27 of the First Anrendrnent, subseguently submitted a fornnl request for approval letter dated
October 9,2017, attached hereto as E{ribit A (Request for Approval of Change of Operator). As stated in the request letter, in
reviewing the rnarina operations, and as part of the Christoph fanily's estate planning, the Lessee determlned it would be in the
best interest of the Lessee, the Christoph family and the City to re.establish a single purpose entity as the manager of the Miani
Beach Marina. As such, the Lessee has created a new entity, MBM Marina Manager, LLC, a Florida limited liability company,
for that purpose. Per the Lessee, as this new entity is a wholly owned subsidiary of RCI Marine, this change will have no effect
on the first class nature of the property or quality of services being provided. The principals of MBM Marina Manager are
Robert Christoph, Sr. and Robert Christoph, Jr., who have been operating the nmrina for the last 23 years, so there will be
continuity of operations.
Jn addition, as required under Section 2.27 oI the First Anendrnent, the Lessee is also requesting the City approve SMI
Concierge Services, Ltd., a Florida limited partnership, which is a wholly owned subsidiary of Suntex Marina lnvestors, LLC
("Srrnterf ) a f)elaware limited liahilifu fiitnnenv also as an ooerafor of the Marina As enntained in the reorre-sf le.tler Srrntex
2010 i $610,307
2012 i $908.734:::.i.:....-..-..._-i-__-'Y_1:Y:::-'_-_.2013 l$1,013,4532014 i $1,137,1702015 i$1,298,631
1,340,763
$7,994,747
8
curently owns and operates a total of 45 rnarinas nationally, 14 of which are in Florida, including Black Point Marina, one of the
largest rmrinas in Miami Dade County, and Marina Jacks in Sarasota. Both Black Point and Marina Jacks are municipally
owned facilities lhat are leased to Suntex on a long term basis. As part of the Request for Approval of Change of Operator letter
(attached hereto as Exf ibit A) the Lessee has submitted Suntet's qualifications. Additionally, Suntex has provided financial
statenents, attached hereto as E*ribit B (Financial Statenents), including a Consolidated Balance Sheet as of June 30,2017
and a Consolidated lncome Statenent for the six nnnth period ending June 3A, 2017. Lessee has represented that due to
various business relationships betvyeen RCI Marine and Suntex, and Suntet's antieipated acquisition of an equity interest in the
Lessee, the Marina will be co-managed by both conpanies.
Pursuant to Section 2.27 of the Marina Lease, the City Manager has the authority to consent to a change in the operator of the
Miami Beach Marina.
CONCLUSION
The Administration reconrnends that the Mayor and City Connnission adopt the Resolution approving the change of operator of
the Miami Beach Marina to MBM Marina Manager, LLC and SMI Concierge Services, Ltd., provided that the change of
op€rators shall not be deened to be a change in Lessee under the Lease and that the Miami Beach Marina Associates, Ltd.
continues to be the Lessee under the Marina Lease.
Legislative Tracking
Tourism, Cuiture, and Economic Dewhpnent
ATTACHMENTS:
Description
D E*ribitA - Request for Approwl of Change of Operator
D Eftibit B - Financial Statenents
o E>dribit C - Reaffirmation by Lessee
n Resolution
9
rNNMI BEASH fTtrARIHA
October 9,2017
Mr. Jimmy Morales
CityManager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Submission of the qualifications of the operetor of the Miami Beach Marina
Dear Mr. Morales:
As the City is aware, pursuant to Section 2.27 of the First Amendment of the Marina
Lease and several previous estoppel letters issued by the City, the operator of the Miami Beach
Marina has been Robert W. Christoph and RCI Marine, Inc., a Florida corporation ("RCI")
working for the marina lessee Miami Beach Marina Associates, Ltd. (.Marina Lessee"), since
1993. Its principals responsible for the day-to-day management of the marina are and continue to
be Robert W. Christoph, Sr., President and Robert W. Christoph, Jr., Vice President.
Over the years, RCI has also become the manager of other marinas outside of Miarni
Beach. In reviewing the marina operations and as part of the family's estate planning we have
determined that it would be in the best interest of the Marina Lessee, the City and the Christoph
family to re-establish a single purpose entity as the manager of the Miami Beach Marina and we
have created a new entity MBM Marina Manager, LLC, a Florida limited liability company for
that purpose. As this new entity is a wholly subsidiary of RCI, this change will have no effect on
the first class nature of the property quality of services currently being provided.
Pursuant to Section 2.27 of the First Amendment to the Marina Lease, the Marina Lessee
is hereby submitting evidence of the qualifications of MBM Marina Manager, LLC, as the
operator of the marina. The principals of the MBM Marina Manager, LLC are the same two
individuals, Robert Sr.'and Robert, Jr, who have been operating the marina for the iast 23 years
so the City is assured of that the qualifications and experience of the marina manger are the same
as it has been for the last two decades and there is a continuity of operations. Marina Lessee is
also providing copies of the 2011 and 2017 estoppel letters issued by the City confirming RCI as
an approved manager of the marina. RCI will assign its manageraent responsibilities to MBM
Marina Manager, LLC as soon as you confirm this request.
In addition, Marina Lessee is requesting that in accordance with Section 2.27 of the First
Amendment to Marina Lease that the City approves SMI Concierge Services, Ltd. a wholly
owned subsidiary of Suntex Marina Investors, LLC, ("Suntex") as an "acceptable marina
300 Alton Roac{, Suite 3O3, Miami Beach, Florida 33139, (3O5) 672-5588 ' FAX (3O5) 673-5995
www.miamibeachmarina.com
10
operator" for Miami Beach Marina and confirming that its marina management and operating
experience reasonably acceptable to the City. Suntex currentiy owns and operates a total of 45
marinas nationally-- 14 of which are located in the State of Florida. The Florida facilities alone
total over 3,000 boat slips (wet and dry) including the Black Point Marina, one of the largest
marinas in Miami Dade County, and Marina Jacks in Sarasota. Both Black Point and Marina
Jacks-are municipally owned facilities that are leased on a long term basis to Suntex in a similar
public private parfrrership as Miami Beach Marina. Enclosed is infomration regarding Suntex for
your review. Due to various business relationships between RCI and Suntex and Suntex's
anticipated acquisition of an equity interest in Marina Lessee, both companies will co-manage
the Marina providing an unmatched level of marine indusbyknowledge and experience.
I look forward to continuing the successful first class operations of the marina for the Marina
Lessee and the City. If you have any questions or need any additional information, please feel
free to contact us.
Miami Beach Marina Associates, Ltd., a Florida limited partnership
By: SoBe Marina Inc., a Florida corporation,
Raul Aguila, Esq, City Attorney
Mark Milisits, Leasing Specialist
Carter N McDowell, Esq
Suzanne Amaducci-Adams, Esq.
By:
300 Alton Road, Suite 3O3, Miami Beach, Floricla 33139, (305) 672-5588' FAX (3O5) 673-5995
11
)
-
MIAMI BEACH
City ol ttticmi Bsrr(h, 'l 700 Convention Cenler Drive, Miomi BEoch, Florido 33I 39, www.miomibeochfl.gov
OFFICE OF IHE CITY TvIANAGER
Tel: 305673-701 0, Fqx: 305473.77 82
November 17,2011
GREAT AMERICAN
LIFE INSURANCE COMPANY
c/o American Real Estate Capital
Two AlhambraPlaz4 Suite I280
Coral Gables, Florida 33134
Re : Lease Agreement between the City of Miami Beach {the "Ciry'') and the Miami Beach
Redevelopment Agency (the "Agencl'), as Lessor, aud lvliami Beach Marina Associates,
Ltd., a Florida limited partnership, as lessee (refened to herein as "Marinn Associates" or
"Lessee'o), which Lease Agreemont is more particularly described in Exhibit nA"- attached
hereto and incorporated herein (as amended, the "Lease"), relating to premises commonly
known as Miami Beach Marin4 300 Alton Road, Miami Beac\ Florida 33139, including the
right to use certain submerged lands pursuant to that certain "Submerged Land Lease",
more particularly described in ExLibit-l'B'l artached hereto and incorporated herein
(collectively, the "Marina")
Ladies and Gentlema*:
The City and the Agency have been informed that Great American Life Insurance Company
("Lgg&I" which term shall include Lender's successors and assigns) intends to make a loan to
Marina Associates in the principal amount of fo*y-five million and no/100 dollars ($45,000,000)
(the "!93g"), which Loan is to be secured, in part, by a mortgage encumbering Marina Associates'
interest in the Lease (the "Mortgage"). Certain capitalized terms used herein are defined in the
Exhibits attached hereto.
In connection therewith, the City and the Agency hereby acknowledge and agree, as of the
date hereoS as follolvs:
1. The City and the Agency are the ovrners and holders of the interest of the "laudlord"
under the Lease. The City and the Agency (to the extent of its interest in the Lease) are hereinafter
sometimes referred to as the "Lessor".
12
Great American Life krsurance Company
November 17, 2011
Page ?
2. The Lease is current and in good standing and in full force and effect, and the Lease
has not beea amended or modified except as described in Exhibit "{'. To thebest actual knowledge
of the City and the Agency (but without further or independent inquiry), there exist no defaults or
events which, with the passage of time or the giving of notice or both, would constitute a default
under the Lease as of lhe date hereof. Notwithstanding the foregoing the City and the Agencydo not
waive any default not currently known to the City and/or the Agency, or one which arises after the
date hereof, or the right to eaforce aay tenyr, covenant or provision of the Lease with respect to any
such unknown or future deiault"
3. The City and the Agencyhave consented io and approved Marina Associates as the
Lessee under the Lease, and have approved Robert W. Christoph and RCI Marine, Inc,, as the
Manager of the Marina.
4. As of the date hereo{ the amount held by the City as the Security Deposit under
Article Vitr of rhe Lease is $198,537.67.
5. There are no rent or otherpayments under the Lease &at are due and unpaid as ofthe
date hereof; provided, however, that additional rent may be or become due to Lessor upon submittal
of &e annual report by Marina Associates; or upon completion of the annuai audit; or upon
completion of any other audit performed or to be performed, by the City and or Agency with respect
to the Marina and/or the Lease including, without limitation, that certain non-final, drafi audit
performed by the Ciry's Internal Auditor, with the working title of "Miami Beach Marina Lease
Agreement - Rental Project Compliance." Additional rent may also be or become due to Lessor in
the event ofresolution, in the City and Agency's favor, of a rent reduction claimed by Lessor, in the
amount of $53,500.02, as a result of the Marina's allegation of the occurrence of a "Disruption
Eyent," as said term is defined in Section 3.2 of the Fourth Amendment to the Lease, for the months
of January, February, and Marc[ ?011.
6. Except in the event of a reduction in rent during a Construction Disruption Psriod, as
provided in Section 3.2 of the Fourth Amendment, the "Minimum Amount Guaranteed Reuf'(as
such tenns is defined in the Lease) for the year 2000 and all subsequent years is $320,000. Pursuant
to the Marina Associates Parking Agresments (as such term is defined in paragraph 13 below)
Marina Associates is not obligated to pay for parking, but is responsible for the operation and
management of the Parking Facilities.
7. The kritial Term of the Lease sball expirr on January L,20?7;and the Lease contains
three {3) ten y€ar options to extend &e Initial Term in accordance with the lerms, eovenants and
conditions set forth therein.
8. The current address fibr notice to Lessor under Article XXII ofthe l,ease is as follows:
Ciryof Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33i39
lrile ;r€ Jtarr,eC ;o o,f.rajog +^te!l*tr lvci,c s:,v,;e cr.d ;cret rc :i' whc ,,;r€, w,)'i. anC ghy ,r Jrr ytb.grt" iroraor ir$ori6 Cdr,rr1,6rry,
13
Creat American Life Insurance Company
November 17, ?011
Page 3
Anention: City Manager
with a ccpy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Attomey
9. Upon cnnsummating the Loan, Lender shall be recognized by Lessor as an "Odginal
lvlongagee" and a "Leasehold Mortgagee" as delined in the Lease, for all purposes under the Lease.
Lessor recognizes that Lender meets the requirements of net worth set forth in Article IX of the
Lease. \ryithout lirniting the generaliry ofthe foregoing, Lender is and shall be entitled to thebenefits
of Article IX of the Lsase, including the right to all notices and opportunities to cure provided
therein. Notices to Lenderwill be sent to the following:
GREAT AMERICAN
LIFE INSTIRA}ICE COMPANY
c/o American Real Estate Capital
Two AlhambraPlaza, Suite 1280
Coral Gables, Florida 33134
In addition to the notice requirement set forth in the Lease, as a courtesy to the Lender, the
City and the Agency will use reasonable efforts (but shall not be obligated) to provide the Lender
with simultaneous copies of any default notice(s) sent to Marina Associates under the Marina
Associates Parking Agreements (as defined below), and any other default notice(s) sent or received
by City andlor the Agency in connection with the "Submerged Land Lease and the City Parking
Agreements (as defined below); however, the City and/or the Agency shall have no liabiliry for
failure to provide the Lender with copies of notices under the Marina Associates Parking
Agreements, Submerged Land Lease and/or City Parking Agreements.
10. The City and the Agencyagree thatadefault under&eMortgage andothgrdocumenx
evidencing, securing or otherwise related to the l"oan (the "Lglgl[gguments") shall not in and of
itself constitute a default under the Lease. Lender's exercise of its rights and remedies under the
Loan Documents, including, but not limited to, a UCC sale, a foreclosure sale, or an assignment or
transferinlieuthereof(col1sc1ively,a..@,),shallnoteonstitufeadefaultunder
the Lease, provided the Lender otherwise complies with the applicable terms of the Lease with
respect to its exercise ofsuch rights.
11. The Submerged Land Lease is current and in good standing and in full force and
effect, and there are no defaults thereunder. The City and the Agency acknowledge and agree that
the current term of the Submerged Lands Lease expires on January ?L,2036.
14
Great American Life Insurance Company
November 17,2011
Page 4
l?" Reference is hereby made to ihose agreements concerning parking and related
facilities whicb are listed in Exhibit (Cl'. attached hereto and iacorporated herein by this reference
(col1ectively,the..@').PursuanttotheCityParkingAgreements,various
third parties have granted to the City and the Agency certain rights related to parking and related
facilides as described therein, in order to fulfill rhe obligations of the City and the Agency under the
Lease and under the Parking Facility Agreement to provide Marina Associates urith not less than 715
parking spaces for use by Marina Associates in coqjunction with the operation of the Marina. To the
best actual knowledge ofthe City and the Agency (but without firr*rer or independent inquiry), each
of rhe Ciry Parking Agreements is curreni and in good standing and in fuIl force and effect, and there
are no defaults thereunder on the part ofthe City and/or the Agency or, to the best actual knowledge
of the City and Agency (but without furrher or independent inquiry), on the part of any o&er parry
thereto. To the extent Marina Associates has any cure rights under tbe City Parking Agreements,
Lender shall have the right to exercise such rights on behalf of Marina Associates,
13. Reference is herebymade to theParking FacilityAgreement, theFirstAmendment to
the Parking Facility Agreement, and the Second Amendment to the Parking Facility Agreement, as
defined in Exhibit 6D"" attached hereto a*d incorporated by this reference (collectively, the
"Mariaa, Associate ). Pursuant to &e Marina Associates Parking
Agreements, the City and the Agency have granted to Marina Associates certain rights related to
parking and related facilities derived from rhe City Parking Agreements, in order to fuIfiIl the
obligations of the City and the Agency under the Lease and under the Parking Facility Agreement to
provide Marina Associates with the exclusive use of not less than 715 parking spaces for use by
Marina Associates in conjunction with the operation ofthe Marina. To the best actual knowledge of
the City and &e Agency (but without further or indepe*dent inquiry), each of the Marina Associates
Parking Agrerments is cunent and in good standing and in full force and effect, and there are no
defbults thereunder on the part of the City and/or the Agency or, to the best actual knowledge of the
City and the Ageney (but without fruther or independent inquiry), on the part ofMarina Associates.
The City Parking Agreernents and the Marina Associates Parking Agreements constitute all of the
agreements reladng to parking frr the Marjna, and there are no other agreements currently in
existence with existence with respect to parking for the Mari:na To the extent Marina Associates has
any cure rights under the Marina Associates Parking Agreements, Leuder shall have the right to
exersise such rights on behalf of Marina Associates.
14. For purposes hereof, the term "$ggcessolParties" shall mean: (a) Lender or its
assignee or designee; ard {b) any third party acquiring ttre rights of Lender or its assignee or designee
with respect to the Marina Lease and the lexehold estate and o&er interests created thereby (whether
in connection with, or afrer, a Foreclosure Transfer). In the event of ary Foreclosure Transfer, the
City and the Agency agree to allow any and all Successor Parties to succeed without the necessiry of
any furrher action to all rights of Marina Associates under the Ciry Parking Agreements and under
the Marina Associates Farking Agreemarts, except that said Successor Parties must complywith tlre
applicable provisions of the Lease (i.e., Article D( as amended by the First Amendment).
15
Great American Life lnsurance Company
November 17,2011
Page 5
The statemsnts contained herein may be relied upon by Lender and its successors and assigns,
including any Successor Parties.
Very truly yours,
CITY OF MIAMI BEACH,
a Florida municipal corporation
.\
nv:d#ttu-b,,tu*,,**J.,
Name: Hilda Fernandez t)
Title: Assistant City Manager (authorized
to sign onbehalf of CityManager
Jorge M. Gonzalez)
MIAMI BEACH REDEYELOPMEI\{T
AGENCY
av: 4{:dia-bn, Qulnta *-Q,
Name: Hilda Fernandez \)
Title: Assistant City Manager (authorized
to sign on behalf of Executive
Director Jorge M. Gonzalez)
We orc co,1)r'rii,ed ta Vovidng etce,1eil puDlic sen.rce crd scb'y a olt ,*tp liw, *+r*. and p,loy ir, ow viban, t@p,cal. histotic comtluni'y
16
Creat American Life Insurance Company
November 17, 2011
Page 6
Exhibit 6A"
De,sc.fiptigu of Leasq
Lease:
Lease Agreanent dated June 24, 1983 between the City of Miami Beach, Florida ('CiV) andjoined
in by the lvliami Beach Redevelopment Agency ("Agenct''), and Carner-Mason Associatesn Ltd., as
evidenced by that Short Form Lease dated August 19, 1983, recorded November 9, 1983, in Ofiicial
Records Book 11963, Page 1 143, as amended by the following documents: (i) First Amendment to
Marina Lease Agreement dated as of October 23, 1991 among the City, Agency and Tallahassee
Building Corp. fX,"); (ii) Second Amendment to Marina Lease Agreement dated as of August
I l, I 994 between the City and TBC (&e "$gggd-Amgg@!'); (iii) Partial Relsa.se oflease dated
December 27, 1995 between ttre Ciry and TBC, recorded in Official Records Book 17077, Page
I 193; (iv) Third Amendment to Marina Lease Agleement dated May37, 199?, among the City, the
Agency and Marina Associates, recorded in Ofiicial Records Book 17673, Page 2846 (the "Third
Amendmenf); (v) Memorandum of Lease Amendments, filed May ?9,1997, in Oflicial Records
Book 17556, Page 4709; (vi) Fouxh Amendment to Marina Lease Agreement dated April 15, 1998,
among the City - the Agency and Marina Associates, recorded in Official Recsrds Book 1 8391, Fage
4862; and (vi) Partial Release of Marina Lease Agreement recorded in Official Records Book 18626,
Page 4354 (the "Fourth Amendment"); all of the Public Records ofMiami-Dade County, Florida.
!^1e cre ;tnmr&id u pravrCrng e.tce/!*rr pr.,biic s*rvice ard lcfery o oli rvfio lrir. r'orl, and ob,1 ;r, ior vjbror't, nopac{ ltrsltrtic corirmunrry
17
Great American Life Ilsurance Company
November 17,2011
PageT
Exhibir (.B'
Submereed Land Leaqq
Submerged Lan{ }SeEe:
Sovereignty Submerged Land Lease Modification to Reflect Current Lease Area Reflect Correct
Number of Slips, and Add Open to the Pubic Special Lease Condition by and between the Trustees
of the lnternal improvernent Fund of the State of Florida, as Lessor and the Cig ofMiami Beach and
the Miami Beach Redevelopment Agensy, collectively, as kssee, recorded in
Official Records Book 27519, Page 662, Public Records of Miami-Dade County, Florida.
V/e ae conm*ecj o pro,irding e rc;Jlenr pt &lic :;rvi*; o*,J l:Iar'7 to ail ,vho livii- 'altll, orr) pby irt our vibnfi, ropicsl, h;slc,iic c*$muiln'l
18
Great American Life lnsurance Company
November L7,20Ll
Page 8
Exhibit sC'
Citv Parkins Aqreements
1. Parking Agreement dated January 10, 1996 among the City, the Agency and West Side,
recorded in Official Records Book 17077, Page 1196, ofthe Public Records ofMiami-Dade
County, Florida.
2. Amended and Restated Farking Agreement dated May 2 4, L999 among the City, the Agency
and West Side, recorded in Official Records Book 18626, Page 4822, ofthe Public Records
of Miami-Dade County Florida.
3. Unrecorded Lease Agreement dated November 30, 1998 between Yacht Club at Portofino,
Ltd., a Florida limited partnership ("Xgg!!-glgb"), as Landlord, and the City and the
Agency, as Tenant, as assigned by Yacht Club to Yacht Club at Portofino Condominiurn
Association, Inc.
;a* 4. Unrecorded Lease Agreement dated April 2?, 200? betrueen TRG-SSDI, Ltd., a Florida
limited partnership ('&SSDI'), as Landlord, and the City and the Agency, as Tenant, as
assigned by TRO-SSDI to Murano at Portofino Condominium Association,Inc.
5. Unrecorded Lease Agreement dated April 9th, 2003, betrreen Murano Two, Ltd., a Florida
limited parh:ership, as Landlord, and the Cily and the Agency, as Tenant.
6. Unrecorded Lease Agreement dated April 9th, 2003, between Murano Three, Ltd., aFlorida
limited partnership, as lxndlord, and the City and the Agency, as Tenant.
We ce canr,thtetJ ia peyd$rg *.tcelfur,r pu&rlc ra*;c; rrid scfary* io ail wlw tive. 'q:ri. c,rd pby rn aw wb$nl, r,u,ricr{ ,rs}orjf {onfiurtir'},
19
Creat American Life Lrsurance Company
November L7,20ll
Page 9
Exhibit "D"
Marin a Assgciates Palking, 4.ereements
Parking Facility Management and Operation Agreement for the Miami Beach Marina dated
December 1, 1999 among the City, rhe Agency and Marina Associates (the "Ig$rigg-Egg!!!*
Asreemeuf), as amended by First Amendment to Parking Facility Management and Operalion
Agreement for the Miami Beach Marina dated October 12,2A02 among the City, the Agency and
Marina Associates (the "First Aq$udmJgt.to Parking {acilitv,,Aeregment'}, as amended by
Second Amendment to Parking Facility Managernent and Operation Agreement for the Xr[iami Beach
Marina dated April 30, 2003, among the City, the Agency and Marina Associates (the "'sgggfd
$,mendment to Parkinq Facility Aqreernent').
W* o,e connoiried rc $rolrd,ng axceibnt prblk :avice ;nd s*iery p all *ho li"e . wat!:, crti pb7 $ ilr 'ltbiahi, irrp,{*i, }rire.},: i6rirr,u,ii,!
20
MIAMIBTACi*i
City of Miami Beach, 1700 Convention Center Drive, Miarni Beach, Florida 33139,
www.miamibeachfl.gov
Jimmy L. Morales, City Manager
Tel: 305-673-7010, Fax: 305-573-7782
August 24,?017
Grcat Americar Life Insurance Company
c/o Americao Real Estate Capital
Two AlhambraPlaza, Suite 1280
Coral Gables, Florida 33134
Re: Lease Agreement betwcen the City of Miami Beach (the "City") and the Miami Beaeh
Redevelopment Agency (the "Agency"), os Lessor, and Miami Beach Marina Associates,
Ltd., a Florida limited partrership, as lessee (referred to herein as "Mftrina Associates"
or "Lessse'), which Lease Agreement is more particularly described in Exhibit "A"
attached hereto and incorporated herein (as amended, the "Lease"), relating to premises
commonly known as lvliami Beach lvlarina, 300 Alton Road, Miami Beach, Florida
33139, including the dght to use certain submerged lands pursuant to that certaino'Submerged Land Lease", more particularly described in Exhibit "B" attached hereto
and incorporated herein (collectively, the'Marina")
Ladies and Gentleman:
The City and the Agency have been informed that Great American Life Insurance
Company (*Lendef'whieh tenn shall include Lender's successors and assigus) intends to makea fiiture advance loan to Marina Associates in the pincipal amount of approximately
$47,006,274.83 (the'?utnre Advance Loan") as a future advance under thot eertain Ameflded
and Restated Leasehold Mortgage, Fixtnre Filing, Assignment of Rents and Security, Agreement
dated November 22, 2011 and recorded November 23,2011 in Official Records Brlok 27904,
Page 2671, of the Putrlic Record of Miami-Dade County, Florida, encumbering Marina
Associates' interest in the Lease (as amended, the "Mortg&ge"), which Future Advance is ta be
secured, io prtg by the Mortgage. The Mortgage presently secures a loan having an unpaid
principal balance of approximately $46,993,7?5.17 (the "Existing Loan'). The Future Advance
Loan and the Existing Loan shall be referred to herein collectively, as the "Loan". The City and
theAgency issued those certain letters to Lender dated November 17,2011 and September 13"
2013 in connection with the Existing Loan (collectively, the "original Letter').
Ce*ain capialized terms used herein are defined in tbe Original Lettsr and the Exhibirs
attached hereto.
21
In connection therewith, the City and the Agency hereby acknowledge and agree, as of
the date hereo{, as follows:
1. The City and the Agency ars tle ortrners and holders of tbe intsrest of the
"landlord" under the Lease. The Cify and the Agency (to the extent of its interest ia the Lexe)
are hereinafter sometimes referred to as the'ol,essot''.
?. The Lease is current and in good standing and in frrll force and effect, and the
Lease has not been amended or modified except as described in Exhibit *A". To the best actual
knowledge of the City and the Agency (but without firther or independent inquiry), there exist
no defaults or events which, with the passage of time or the giving of notice or both, would
constitute a default under the Lease as of the date hereof. Not*'ithstandiog the foregoing, the
City and the Agency do not waive any default not curently known to the City and/or the
Agency, or one whish arises after the date hereof, or the right to enforce any term, covenant or
provision of the Lease with respect to any such unknown or future default.
3. The City and the Agency have consented to and approved Marina Associates as
the Lessee under the Lease, and have approved Robert W. Christoph and RCI Mariue, fnc., as
the Manager of the Marina.
4. As of Septernber 30, ?016, the amount held by the City as the Security Deposit
under Article VIII of &e Lease is $205,368.90.
5. There are no rent or other payrents under the Lease that are due and unpaid as of
the date hereof; provided, however, that additional rent may be or become due to Lessor upon
submittal of the annual report by Marina Associates; or upon completion of any ar:dit perforrned
or to be perfonned, by the City and or Agency with respect to the Marina andlor the Lease.
6. The *Minimum Amount Guaranteed Rent''(as such terms is defi.ned in the Lease)
for the year 2000 and all subsequent yea:'s is $320,000. Pursuant to the Marina Associates
Parking Agreements (as such term is defined in paragraph 13 betow) Marina Associates is not
obligated to pay for parking, but is responsible for the operation and management of the Parking
Facilities.
7. The Initial Term of the Lease shall expire on January 1,2A22; and the Lease
coutains &ree (3) ten year options to extend the lnitial Term in accordance with the terms,
covenants and conditions set ionh therein.
8. The current address for notice to Lessor under Article XXII of the Lease is as follows:
City of Miami Beach and Miarni Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention City Manager
MrAturI 554 I t2S.3 ?6565/49600
22
with a copy to:
City of Miami Beach and Miami Beach Redevelopment Agency
1700 Convention Center Drive
Ivliami Beach, Florida 33139
Attention: City Attorney
9. Upon consummating &e Future Advance Loan, Lender shall be recognized by
Lessor as an "Original Mortgrgee" and a'of,easehold Mortgagee" as defined in the lrase, for
all purposes uuder the Lease. Lessor recognizes that Lender meets the requirements of net worth
set forth in Article IX of the Lease. Without iimiting the generality of the foregoing, Lender
shall be entitled to the bene{ix of A*icle IX of the Lease, including the right to all notices and
opportunities to cure provided therein. Notices to Lender will be sent to the following:
GRTAT AMERICAN
LI}'E TNSURANCE COMPANY
c/o American Real Estate Capital
Two Alhambra Plazq Suite l?80
Coral Gables, Florida 33 I34
In addition to the notice requirement set forth in the Lease, as a courtesy to the Lender.
the City and the Agency will use reasonable efforts (but shall not be obligated) to provide the
Lender with simultaneous copies of any default notice(s) sent to }ylarina Associates under the
Marina Associates Parking Ageements (as defined below), and any other default notice(s) sent
or received by City and/or &e Agency in connection with &e Submerged Land Lease and &e
Ciry Parki*g Agreements (as defined below); however, the City andlor the Agency shall have no
liability for failure to provide the Lender with copies of notices under the Marina Associates
Parking Agreements, Submerged Land Lease an#or Ciry Parking Agreements.
10.Tlre City and the Agency agree that a default under the Mortgage and other
documents evidencing, securing or otherwise related to the Loan (the "Loan 3*rcuments') shall
not in and of itself constitute a dsfault under the Lease. Lender's exercise of its rights and
remedies under the Loan Documents, inoluding, but not limited to, a UCC sale, a foreclosr.ne
sale, or an assignment or tr*.nsfer in lieu thereof (collectively, a 'nForeclorure Transfet''), shall
not constitute a default urder the Lease, provided the tender otherwise complies with the
applicable terms of the Lease with respect to its exercise of such rights.
ll.The Submerged Land Lease is curenl and in good standing and h firll tbrcs and
eil-ect and has not been amended, and there are no delaults thereundsr. The City and the Agency
acknowledge and agree that the currcnt term of the Submerged Lands Lease expires on January
7t,2036.
L2. Reference is hereby made to those agreements conceming parking and related
facilities which are listed in Exhibit o'C". attached hereto and incorporated herein by this
tefereace (collectively, the "Cify Parking Agreements"). Pursuant to the City Parking
Agreements, various third parties have granted to thc City and thc Agency certain rights related
M tAMr 554 1 125.3 7 6565 149600
23
to porking and related facilities as described therein, in order to fulfiII the obligations of the City
and the Agency under the Lease and uoder the Parking Facility Agreement to provide Marina
Associates with not less than 715 parking spaces for use by Marina Associates in conjunction
with the operation of the Marina, The following matters invoive oae or some of the City's
Parking Agreements ('*Pending City Parking Litigrtior"): Consolidated Case Nos. 2014-
AnzfiCA and 2015-011069 CA 43, styled, Murano f:rande at Portofino Condominium
Association, Inc., a Florida not-for-profit corporation v. The City of Miami Beach, Florida, a
rnunicipal corporation and Miami Beach Redevelopment Agency, a Florida.Public Agency; The
City of Miami Beach, Florid4 a municipal corporation and Miami Seach Redevelopment
Agency, a Florida Fublic Agency, Thfud Party Plaintiffs v. Murano Grande at Portofino Master
Association, Inc., a Florida not-fbr*profit corporation and lcon Condominium Association, Inc", a
Florida not-for-profit corporation, Third Party Defendants; Murano Grande at Portofino
Condorninium Association, Inc.o a Florida not-for-profit corporation, Icon Condominium
Association, Inc., a Florida rot-for profit corporation and Murano Grande at Portofino Master
Association, Inc., a Florida not-fbr-profit corporation v. 1'he City of Miami Beach, Florida, a
municipal corporation, and Mi*mi Beach Redevelopment Agency, a Florida Public Agency. To
the best actual knowledge of the City and the Agency (but without further or independent
inquiry), the City Parking Agreements are currsnt and in good standing and k full force and
effect, and there are no defaults thereunder on the part of the City andlor the Agency or, to the
best actual knowledge of the City and Agency (but without further or independent inquiry), on
the part of any other parfy thereto. To the extent Marina Associates has any cure rights under the
City Parking Agreemenis, Lender shall have the right to exercise such rights on behalf of Marina
Assogiates.
Reference is hereby made to the Parking Facility Agreement, the First
Amendment to the Parking Facility Agreement, and the Second Amendment to the Parking
Facility Agreernent, as defined in Exhibit "D'1" attached hereto and incorporated by this reference
{collectively, the 'oMarina Associates Parking Agreements"). Fursuant to the Marina
Associates Parking Agreements, the City and the Agency have granted to Marina Associates
certain rights related to parking and related facilities derived from the City Parking Agreements,
in order to fulfill the obligations of the City and the Agency under &e Lease and under the
Parking Facility Agreement to provide Marina Associates with the exc.lusive use of not less then
715 parking spaces for use by Marina Associatrs in conjunction wi& the operation of the
fularina- To the best actual knowledge of *re City and the Agency (but without fiuther or
independent inquiry), each of the lvlarina Associates Parking Agreemeuts is current and in good
standing snd in full force and effect, and there are no defadts thereunder on the part of &e City
and/or the Agency or, to the besi actual knowledge of the City and the Agency {but without
further or independent inquiry), on the part of fularina Associates. The City Parkbg Agreements
and the Marina Associates Parking Agreements constitute all of the agreements relating to
parking for the Marina, and there are tro other agreements currently in existence with existence
with respect to parking for the Marina and such agreements have not been amended. To the
extent Marina Associates has any cure righb under tbe Merina Associates Parking Agteements,
Letder shall have &e rigbt to exersise sucb rights on behalf of Marina Associates.
MIAIvII 55{t 135.3 ?6565/49600
24
14. For purposes hereof, the term "Successor Parties" shall mean: (a) Lender or its
assignee or designee; and (b) any tbird party acquiring the rights of Lender or its assignee or
designee with respect to the Marina Lease and &e leasehold estate and other interests created
thereby (whether in conneetion with, or after, a Foreclos.rxe Transfer). In the event of any
Foreclosure Transfer, the City and the Agency agree to allow any and all Successor Parties to
succeed without the necessity of any firther action to all rights of Marina Associates uoder the
City Parking Agreements and under the Marina Associates Parking Agreements, except that said
Successor Parties must comply with the applicable provisions of the Lease (i.e., Article X, os
amended by the First Amendment),
The statements ccntained herein may be relied upon by Lender and its successors and
assigns, including aoy Successor Parties.
Very truly yours,
CITY OF
corporatior:
a Florida municipal
PMENT
AMI
'ffffihffjF,
I - -'rv'r
"l-gf g-t4-r2cffvAtqgrry- -6o?
,6[i{,3sR3flI3,
By:
Name: Ji
Title:
Date:
PIIAMI
ACCINCY
By:
Name: Jimmy Mo
Title:
Date:ert'fff:'nof,-ro-*,
I,IAUil 5541 rlsJ 76565/49$0
25
Exhibit trA"
Description of Lease
Lease:
Lease Agreement dated June 24, 1983 between the City af lv{iami Beach, Florida ("City") and
joined in by the Miami Beach Redevelopment Ageacy ("Agcncy"), and Carver-Mason
Associates, Ltd., as evidenced by that Short Form Lease dated August 19, 1983, recorded
Novcmber 9, 1983, in Oflicial Records Book 11963, Page 1143, as amended by the following
documents: (i) First Amendrn*nt to Marina Lease Agreement dated as of October 23, 1991
among the City, Agency and Tallahassee Building Corp" ("TBC"); (ii) Second Amendment to
Marina Lease Agreement dated as of August 1 1, 1994 between the City and TBC (the "second
Amendmenf); (iii) Partial Release of Lease dated Dccember 27, 1995 beween &e City and
lBC, recorded in Official Records Book 17077, Page 1193; (iv) ThirdAmendmentio Marina
Lease Agreement dated May 27, 1997, among the City, the Agency and Marina Associates,
recorded in official Records Book 17673, Page 28.16 (the "Third Amendmenf); (v)
Memorandum of Lease Amendments, filed lvlay 29, 1997, in O{ficial Records Book 17656, Page
4709; (vi) Fourth Amendment to Marina Lease Agreemcnt dated April 15, 1998, anrong the Cit;",
the Agency and Marina Associaies, recorded in Official Rccords Book 18391, Page 486?; and
(Yi) Partial Release of Marina Lease Agreement recorded in Official Records Book 18626, Page
4354 (the "3'ourth Amendment"); all of the Public Records of Miami-Dade Coun{y, Florida,
MIAMI 554 1 12J.3 ?6565/49600
26
Exhibit "B"
Submer$ed Land Leaee
Submerged Land Lease:
Sovereignty Submerged Land Lease Modification to Reflect Current Lease Area Reflect Correct
Number of Slips, and Add Open to the Pubic Special Lease Condition by and between the
Trustees of the Intemal Improvement Fund of the State of Florida, as Lessor and the City of
Miami Beach and the Miami BeaEh Redevelopment Agency, collectively, as L$ssee, recorded in
Official Records Book27519, Fage 662" Public Records of Miami-Dade County, Florida.
27
1.
Exhibit "C"
Citv Parkins Asreements
Parking Agreement dated January 10, 1996 among the City, the Agency and West Side,
recorded in Official Records Book 17077, Page 1196, of the Public Records of Miami-
Dade County, Florida.
Amended and Restated Parking Agreement dated May 24, 1999 among the City, the
Agency and West Side, recorded in Official Resords Book 18626, Page 482?, of the
Public Records ofMiami-Dade County, Florida.
Unrecorded Lease Ag eement dated November 30, 1998 between Yacht Club at
Portofino, Ltd., a Florida limited partnership {"Yrcht Club"), as Landlard, and the City
and the Agency, as Tenant, as assigned by Yacht Club to Yackt Club at Porto.lino
Condominium Association, Inc.
Unrecorded Lease Agreement dated April 22,2002 betwsen TRO-SSDI, Ltd., a Florida
limited parhership ('TRG-SSD['), as Landlord, and the City and the Agency, as Ten&nt,
as assigned by'fRG-ltSDI to Murano at Portofino Condominium Association, Inc.
Unrecorded Lease Agreement tlated April 9th, 2003, between Murano Two, Ltd., a
Florida limited padnership, as Landlord, and the City and the Agency, as Tenant"
Unrecorded Lease Agreement dated April 9th, 2003, between Murano Tkee, Ltd., a
Florida limited parh:ership, as Landlord, and the CiU and the Agency, as Tenant.
2,
3.
4.
5.
6.
28
Exhibit *D"
Marina Associates ?Sfkhre Aqreements
Parking Faciliry Management and Operation Agreement for &e Miami Beach Marina dated
December l, 1999 among the City, the Agency and Marina Associates {tlre'?arking Facilify
Agreemerf), as amended by First Amendment io Parking Facility lvlanagement and Operation
Agreement for the Miami Beach Marina dated October 12,70A2 among the City, the Agency and
Marina Associates {the "First Amendment to Parking Facility Agreemenf'), as arnended by
Second Ameudment to Parking Facility Management and Operation Agreement for the Miami
Beach Marina dated April 30, 2003, among &e City, the Agency and Marina Associates (the
'oSecond Amendmcnt to Parking Facility Agreement").
MInI/ll 554 1 125.3 75565/49600
29
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51
Exhibit B
Suntex Marina Investors, LLC
I. Consolidated Balance Sheet (as of June 30,2017)
2. Consolidated Income Statement (six months ending June 30r20fi\
Suntex Notes:
The financial statements were intemally compiled, are in current draft form and have not been reviewed by
independent third parfy accountants. Therefore, there may be some modifications to them upon review along with
year-end and other adjustrnents.
The financial statements have not been completely GAAP adjusted and therefore, some property operating expenses
used to calculate properfy level EBITDA do not include national and regional expense allocations that are included
in properfy operating expenses in our GAAP frnancial statements.
52
Suntex Marina lnvestors, LLC
Consolidated Balance Sheet (S in thousands)
Assets
lnvestments in real estate:
Land
Land improvements
Buildings
Docks
Construction in progress
Boats, furniture, fixtures and equipment
Acquired assets
Accumulated depreciation and amortization
Acquired lease intangibles, net
Net real estate investments
Cash
lnvestment in unconsolidated entities
Accounts receivable
Due from affiliates
lnventories
Notes receivable, net
Earnest money in escrow
Prepaid expenses and other assets, net
Goodwill
Total Assets
Liabilities and Equity
Liabilities:
Mortgage and other notes payable
Subscription line of credit
Acquisition liabilities
Accrued expenses and accounts payable
Acquired below-market lease intangibles, net
Deferred revenue
Accrued interest payable
Security deposits
Total Liabilities
Total Equity
Total Liabilities and Equity
As of June 30, 2017
16,952
20,919
49,745
721,6t6
72,518
29,193
175,210
426,0s2
(13,941)
412,11L
48,830
460,94L
8,091
3,085
42
5,394
3,5s5
7,90O
3,351
9,0M
501,403
244,067
34,144
7,1o8
11,719
2,432
72,163
635
3,078
315,346
' 186,0s7
501,403
Each acquisition requires that we perform a purchase price allocation to record the acquisition. At June 30, 2017. we are in the
process of accounting for properties acquired in 2017. Until the allocation is complete these consolidated financial statements are
preliminary in nature and subj ect to adjustment for the impact of the fair value allocation of purchase price at a later date. The cost
of unallocated acquisitions is included in Acquired assets on the Consolidated Balance Sheets as of June 30, 2017.
Second Quarter 2017 Financial Information
STRICTLY CONFIDENTIAL
53
Suntex Marina lnvestors, LLC
Consolidated lncome Statement (S in thousands)
Revenue
Storage
Leases
Boat rentals
Service
Fuel
Management fees
Food and beverage
Other
Total revenue
Cost of reYenue
Storage
Boat rental
Service
Fuel
Food and beverage
Other
Total cost of revenue
Gross profit
Expenses
Property operating expenses
Total expenses
Property level EBITDA
For the Six Months Ended
June 30, 2017
18,001
2,77O
3,384
6,276
5,485
414
70,277
3,323
49,93t
417
513
3,277
3,944
2,923
1,676
t2,684
37,247
25,019
25,019
L2,229
Each acquisition requires that we perform a purchase price allocation to record the acquisition. At June 30, 2017, we are in the
process of accounting for properties acquired in 2017. Until the allocation is complete these consolidated financial statements are
preliminary in nature and subj ect to adiustment for the impact of the fair value allocation of purchase price at a later date. The cosl
of unallocated acquisitions is included in Acquired assets on the Consolidated Balance Sheets as ofJune 30, 2017.
Second Quarter 2017 Financial lnformation
STRICTLY CONFIDENTIAL
54
MIAMI BEACH IIIARII.IA
October 11,2A17
Mr. Jimmy Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Request for Approval of new operators for the Miami Beach Marina pursuant to the
Lease {the "Marina Lease"} between the City of Miami Beach {the "City"} and lllliami
Beach Marina Associates, Ltd. (the "Lessee") for the manasement and operation of
the Miarni Beach Marina; Proposed New Operators: MBM Marina Manager, LLC and
SMI Concierge Services, Ltd.
Dear Mr. Morales:
As a follow up to the October 9,2Q17 letter sent to you, Miami Beach Marina Associates,
Ltd. hereby confirms the following:
Notwithstanding the City's approval of the above referenced Proposed New Operators
for the Miami Beach Marina, Miami Beach Marina Associates, Ltd. (the "Lessee') shall continue
to be the Lessee under the Marina Lease, as the Lessee entity will not be changing.
Additionally, notwithstanding the possible future acquisition by Suntex Marina lnvestors,
LLC {"Suntex"), which is the parent company of SMI Concierge Services, Ltd, of an equity
interest in the Lessee (the "Future Transaction"), said Future Transaction will not involve a
merger, consolidation, or dissolution by or of the Lessee as provided in Article lX, Section 2.
Further, the Future Transaction will not violate Section 2.9 of the First Amendment to the Marina
Lease.
Very truly yoLirs,
Miami Beach Marina Associates, Ltd., a Florida limited
partnershipBy: SoBe Marina lnc., a Florida corporation,
RaulAguila, Esq, City Attorney
Mark Milisits, Leasing Specialist
Carter N McDowell, Esq
Suzanne Amaducci-Adams, Esq.
3OO Alton Roaci, Suite 303, Miami Beach, floric{a 33139, t3O5} 673-558S' IAX (305) 573'5995
55
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AFF]RMING THE CITY MANAGER'S CONSENT TO A
CHANGE OF OPERATOR OF THE MIAMI BEACH MARINA FROM RCI MARINE,
tNG. AND ROBERT CHRISTOPH (*GURRENT OPERATORS") TO MBM MARTNA
MANAGER, LLC AND SMt CONCTERGE SERV|CES, LTD. (.PROPOSED
oPERATORS"), AS REQUTRED UNDER SECTTON 2.27 OF THE LEASE
AGREEMENT, DATED JUNE 24, 1983, BETWEEN THE CITY AND MIAMI
BEACH MARTNA ASSOCTATES, LTD. (,,LESSEE").
WHEREAS, on June 15, 1983, the Mayor and Crty Commrssion passed Resolution No. 83-
17385, approvtng and authorizing the execution of a lease agreement (the "Marina Lease") with
Camer-Mason Associates, Ltd. for the construction and management of a marina and dry storage
faciltty (the "Marina") in the South Shore development area (generally lying south of 6th Street)
and the Marina Lease was subsequently signed on June 24, 1983; and
WHEREAS, on October 17,1989, pursuant to a judgment of foreclosure of the Manna
leasehold interest, Tallahassee Building Corporatron, a Delaware corporation, a whotly owned
subsidiary of Heller Financial, lnc., acquired the interest of Carner-Mason tn the Marina Lease;
and
WHEREAS, thereafter, the Marina Lease was amended four times, as follows' 1) Frrst
Amendment, which consisted of the parties' agreement to a "Modifted Lease", dated October 23,
1991; 2) Second Amendment, dated August 11, 1994; 3) Thrrd Amendment, dated May 27,1997,
whtch also included the adoptron of Resolution No. 97-22398, where the City consented to the
asstgnment of the Lease from Tallahassee Building Corporation to the current lessee, the Miamr
Beach Manna Assoctates, Ltd., a Florida Limited Partnership (Lessee); and 4) Fourth Amendment
(and most recent), dated Apnl 15, lggS; and
WHEREAS, the Miami Beach Manna Assocrates, Ltd ("Lessee") met wrth the
Admtntstration to dtscuss a change of operator of the Marina and, as required under Section 2.27
of the Ftrst Amendment, subsequently submitted a formal request for approval letter dated
October 9,2017; and
WHEREAS, as stated in the request letter, rn reviewing the Marina operatrons, and as part
of the Christoph family's estate plannrng, the Lessee deten,rined rt would be rn the best interest of
the Lessee, the Christoph family and the City,,to re-estabftsh a single purpose entity ,as the
manager of the Miami Beach Marina; and
WHEREAS, the Lessee has created a new entity, MBM Marina Manager, LLC, a Flonda
limited liability company, for that purpose; and
WHEREAS, since this new entity is a wholly owned subsrdrary of RCI Marine, this change
will have no effect on the first class nature of the property or quality of services being provided;
and
WHEREAS, the prtncipals of MBM Marina Manager are Robert Christoph, Sr. and Robert
Christoph, Jr., who have been operating the Marina for the last 23 years, so there will be contnuity
of operations; and
56
WHEREAS, in addition, as required under Section 2.27 o'( the First Amendment, the
Lessee is also requesting that the City approve SMI Concierge Services, Ltd., a Florida lirnited
partnership, which is a wholly owned subsidiary of Suntex Marina lnvestors, LLC ('Suntex"), a
limited tiability company also as the operator of the Marina; and
WHEREAS, as represented in the request letter, Suntex currently owns and operates a
total of 45 marinas nationally, 14 of which are in Florida, including Black Point Marina, one of the
largest marinas in Miami Dade County, and Marina Jacks in Sarasota; and
WHEREAS, both Black Point and Marina Jacks are municipally owned facilities that are
leased to Suntex on a long term basis; and
WHEREAS, as part of the request for approval of change of operator letter the Lessee has
submitted Suntex's qualifications; and
WHEREAS, pursuant to Section 2-27 of the Marina Lease, the City Manager has the
authority to consent to a change in the operator of the Miarni Beach Marina; and
WHEREAS, the City Manager recommends that the Mayor and City Commission adopt the
Resolulion approving the change of operator of the Miami Beach Marina to MBM Marina Manager,
LLC and SMI Concierge Services, Ltd; such change of operator shall in no way be deemed to be a
change in Lessee under the Lease, and the Miami Beach Marina Associales, l-td. shall continue to
be the Lessee under the Marina Lease.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby affirm the City Manager's consent to a change of operator of the Miami Beach Marina from
RCI Marine, lnc. and Robert Christoph ("Current Operators") to MBM Marina Manager, LLC and
SMI Concierge Services, Ltd. ("Proposed Operators"), as required under Section 2.27 of the Lease
agreement, dated June 24, 1983, between the City and Miami Beach Marina Associates, Ltd.
("Lessee").
PASSED and ADOPTED this day of _2017.
ATTEST:
RAFAEL E. GRANADO" CITY CLERK PHILIP LEVINE, MAYOR
T:\AGENDA\2017\10 - October\TcED\Miami Beach Marina\Miami Beach Marina Reso (10-10-17).docx
APPROVED AS TO
FORM & LANGUAGE
E ff i-,0-'J
City AttorneY Doie
57
THIS PAGE INTENTIONALLY LEFT BLANK
58
Agenda ,rrrn Q! !
9,a1.6 l0-r\"t1
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH lN
THE CIry COMMISSION MEMORANDUM ACCOMPANYING THIS
RESOLUTTON) AND WAIVING, BY 1nH VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY; AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
LICENSE AGREEMENT BETWEEN THE CITY AND DESIGN MIAMI II,
LLC FOR USE OF PORTIONS OF THE PREFERRED PARKING LOT,
LOCATED TO THE WEST OF THE MIAMI BEACH CONVENTION
CENTER, FOR APPROXIMATELY TWO MONTHS EACH YEAR FOR
A pERtOD OF StX (6) YEARS, TO HOLD THE 2018-2023 DESIGN
MIAMI SHOWS, WITH ONE RENEWAL OPTION TO HOLD THE 2024.
2028 DESIGN MIAMI SHOWS.
WHEREAS, on May 12,2010, the City Commission adopted Resolution No. 2010-27384
approving an agreement between the City and Design Miami ll, LLC ("Design Miami") to hold
the Design Miami Show in the Preferred Parking Lot (P-Lot) in2010,2011 and 2012; and
WHEREAS, on October 24,2012, the City Commission adopted Resolution No. 2012-
28039 approving an agreement with Design Miami for 2013,2014,2015, and 2016; and
WHEREAS, on July 26,2017, the Mayor and City Commission adopted Resolution No.
2017-29953, approving the license agreement between the City and Design Miami for the 2017
Design Miami show; and
WHEREAS, Design Miami has become one of the premier international design fairs,
featuring museum-quality furniture, lightlng, and objects d'art; and
WHEREAS, City is in the process of designing and constructing a new public park that
will replace the P-lot (the "Park"); and
WHEREAS, Design Miami wishes to continue to use a portion of the area where the
Park will be located, for the purpose of holding the annual Design Miami show, in conjunction
with Art Basel Miami Beach, and the City desires to continue to host the Design Miami show;
and
WHEREAS, for the reasons as set forth in the Commission Memorandum
accompanying this Resolution, the City Manager has recommended the waiver of the formal
competitive bidding requirement, as being in the City's best interest, and further recommends
that the City Commission approve the long-term License Agreement attached as Exhibit "A" to
this Resolution, for the purpose of holding the 2018-2023 Design Miami shows, with one
renewal option to hold the 2024-2028 Design Miami shows.
59
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby accept the
recommendation of the City Manager (as set forth in the City Commission memorandum
accompanying this Resolution) and waive, by 517'n vote, the competitive bidding requirement,
finding such waiver to be in the best interest of the City; and approve and authorize the Mayor
and City Clerk to execute a License Agreement between the City and Design Miami ll, LLC for
use of portions of the Preferred Parking Lot, located to the west of the Miami Beach Convention
Center, for approximately two months each year for a period of six (6) years, to hold the 2018-
2023 Design Miami shows, with one renewal option to hold the 2024-2028 Design Miami shows.
PASSED AND ADOPTED this day of 2017.
MAYOR
ATTEST:
CITY CLERK
APPRO/EDASTO
FOBM & I.ANGUAGE
& FOR EXECUTIONM
cityAtoneY AF/
tb-5 " t7
14
Dab
60
LONG-TERM LlCENSE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH AND DESIGN MIAMI II. LLC
This License Agreement (this "License") is made as of 2017
(Effective Date), by and between the CITY OF MIAMI BEACH, a Florida municipal
corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139
("City" or "Licensor"), and DESIGN MIAMI ll, LLC, a Florida limited liability company whose
address is 3841 NE 2nd Avenue, Suite 400, Miami, Florida 33137 ("Licensee") (each, a "Party"
or collectively the "Parties").
WHEREAS, Licensee has successfully held its annual Design Miami show at the
above-referenced parking lot located west of Convention Center Drive since 2010; and
WHEREAS, Licensee desires to use a portion of the Park, as described more fully in
Section 2 and depicted in Exhibit A hereto (the "Prernises"), for Licensee to produce and
operate the annual furniture design show entitled 'Design Miami,' which presents curated
exhibitions of museum-quality furniture, lighting, and objects d'art (the "Annual Show"); and
WHEREAS, the Parties desire to enter into a longterm License based on the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein exchanged, the
Parties agree as follows:
1. Re-Desiqn of the Park. The City shall cause for revisions to be made to the existing
design for the Park, with such redesign to include an open area large enough to accommodate
events such as the Design Miami show or other functions at the Park (the "Park Re-design"). At
the City Commission's sole and absolute discretion, the Park Re-design may, but shall not be
required to include, electrical and structural footing enhancements to accommodate set-up for
events ("Proposed Enhancements"), as the Proposed Enhancements are subject to and
contingent upon a funding appropriation as part of the City's capital budget process. ln the
event the cost of the Proposed Enhancements exceeds any amounts that may be appropriated
for the Proposed Enhancements, if any, then the City shall adjust the scope of the Park Re-
design within available funding (including, if necessary, foregoing the Proposed Enhancements
altogether), unless other mutually-agreed upon funding arrangements are made with Licensee
with respect to the Proposed Enhancements.
2. License to Use Premisesfferm. ln consideration for the annual compensation to
Licensor and other terms and conditions herein, Licensor agrees to license to Licensee the
portion of the Park consisting of approximately 100,000 square feet and described more fully in
Exhibit A attached hereto (collectively, the "Premises"), for the sole purpose of serving as the
primary venue for the production and operation of the "Annual Show," for a period of six (6)
years, with the license period for each year consistent with the terms herein. The final site plan
and Park Re-design is subject to regulatory review and approval by the City's Design Review
Board. ln the event the final site plan and Park Re-design, as approved by the Design Review
Board and agencies having jurisdiction, requires an adjustment to the description of the
Premises as set forth in Exhibit "A," any such changes to Exhibit "A" shall be memorialized in an
amendment to this License Agreement, executed by the City Manager and Licensee.
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a. The six (6) year term of this License shall commence with the 2018 Annual
Show, and shall expire following the conclusion of the 2023 Annual Show (the "ferm"). This
License may be renewed in accordance with Section 2(i) below.
b. Except as provided in Section 3 of this Agreement with respect to the 2018
Annual Show, the license period for each Annual Show shall extend for a maximum period of
fifty-four (54) consecutive days (including load-in, event days, and load-out), and shall take
place each year on or about the same dates (on or about October 28 through December 21 of
each year), subject to adjustment of calendar dates on mutual agreement of Licensor and
Licensee ("License Period").
i. Specific dates for Move ln, Show, and Move-Out may be changed by
mutually agreed to written amendment to this License, provided the annual License Period is
generally within the Oct. 28 to Dec. 21 period. Any additional days in excess of the 54 day
annual License Period referenced herein, if requested by Licensee, shall be subject to mutual
agreement of the parties, at City's then prevailing daily rates for use of the Premises.
ii. Licensee commits to exercising its best efforts to reduce set-up and
load-in period through the potential purchase of modular or other structures. ln the event
Licensee is able to reduce its set-up or load-in time through any of the foregoing or other
efforts, the annual License Fee shall be proportionately reduced on a pro rata basis.
c. Licensee's proposed use(s) of the Premises for the Annual Show shall solely
be limited to the presentation of the Annual Show, with up to 8,600 square feet of the Premises
used for back of house operations. Licensee may install temporary tents and tent structures
and other equipment necessary for the Annual Show, subject to complying with all City and
Miami-Dade County requirements including, withoul limitation, permitting requirements. All
installations and improvements shall comply with all applicable City, County, State and
Federal Laws.
d. To the extent Licensee's mobilization, load-in or load-out at the Premises
requires that Licensee be provided with reasonable access through portions of the Park to the
Premises, the terms for such access shall be subject to any limitations or restrictions the City
may require with respect thereto, with the intent of minimizing impacts to other activities and
programming that may be taking place at the Park. With respect to such programming at the
Park, Licensee agrees to suspend mobilization or load-in each Veteran's Day, with no work
taking place at the Premises on Veteran's Day, to permit the City's Veteran's Day activities to
take place at or in the vicinity of the veteran's plaza that will be located in the Park.
e. Licensor shall provide Licensee with water service connections and electrical
service connections at TBD locations within the Premises, with the final locations for such
connections to be identified as part of the design development process for the Park. City's
design for water service and electrical connections shall be based on, and comparable to,
Licensee's approximate water service provided by the City for the 2017 Annual Show, and
electrical service capacity not-to-exceed 3400 AMPs @ 480v/3P dedicated service, each
grouping with its own breaker, as depicted in Option C of Exhibit B hereto, provided, however,
that the design and proposed locations for electrical connections shall be subject to review and
approval by the City's Design Review Board and Agencies Having Jurisdiction. Licensee
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hereby acknowledges and agrees that the design for water service and electrical service
connections based on Licensee's 2017 Annual Show usage shall be sufficient and suitable for
the purposes for which the Premises are licensed under this Agreement. Any additional water
service or electrical service needs in excess of 2017 Annual Show levels, or otheruvise solely
required for the benefit of Licensee, shall be the sole responsibility of Licensee, at its sole cost
and expense.
f. Any rental of any space other than the Premises shall be the subject of a
separate agreement, at the then-prevailing rates, and subject to availability. Except as to the
Premises, Licensee shall not use any other portion of the Park without Licensor's prior written
approval.
g. Licensee may temporarily fence lhe Premises for safety purposes during the
build-out of the site and installation of the tent structures for each Annual Show, with the fence
to be removed prior to each Annual Show upon completion of the installation. Licensee may
also fence off any generators Licensee uses to support its electrical power needs for any Annual
Show. Except as provided herein, Licensee shall not othenruise fence the Premises or any
portion of the Park.
h. At the conclusion of each Annual Show, Licensee shall replace the sod and
planting material to the original condition at the Premises and any portion of the Park used by
Licensee, such as for mobilization, load-in, or load-out within 15 days of show load-out.
i. Notwithstanding any other provision contained within this License, provided that
Licensee has at all times fully complied with its obligations under this License, and subject to the
terms of this paragraph, Licensee shall have the Right of First Refusal and Renewal to hold the
Annual Show at the Premises for an additional five consecutive Annual Shows. "Right of First
Refusal and Renewal" shall mean the right, before any other licensee or potential licensee to
use the Premises for any purpose, to use the Premises for the 2024-2028 Annual Show, on the
same or similar financial terms as contained within this License (including, without limitation, the
License Fee rate structure and the annual adjustments specified in Section 4 of this License).
ln order to exercise the Right of First Refusal and Renewal, Licensee must give written notice to
the Licensor by no later than December 31, 2022, after which the Licensee and Licensor shall
negotiate, in good faith, to enter into a license agreement for the 2024-2028 dates in a form
acceptable to all Parties prior to June 30, 2023, or another mutually agreed upon date (the
"Right of First Refusal Period"). lf the parties are in active negotiation of such license
agreement on June 30,2023 or such other mutually agreed upon date, then the Right of First
Refusal Period shall be deemed extended until such license agreement is entered into or such
negotiations are abandoned by both parties, provided, however, that the Right of First Refusal
shall expire if a license agreement is not executed by January 1,2024. ln the event Licensee
fails to give written notice exercising the Right of First Refusal and Renewal by December 31,
2022, Licensee's Right of First Refusal and Renewal shall be null and void, and Lieensor shall
be free to license the Premises to any third party on or after January 1, 2024, in its discretion.
3. Specific License Terms and License Fee with Respect to 2018 Annual Show.
a. The Parties acknowledge and agree that the 2018 Annual S[ow is a transition
year, in light of the Miami Beach Convention Center Renovation Project ('MBCC Renovation")
and the anticipated construction of the Park, and as sLrch, the layout described in Exhibit "A"
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shall not apply to the 2018 Annual Show. As the City cannot guarantee the completion of
construction by a date certain, the details concerning the availability of the Premises, including
an exhibit depicting the final site plan or site layout identifying the footprint forthe 2018 Annual
Show and the location of electrical connections, among other details, shall be subject to the
progress of construction, and shall be memorialized in a mutually agreed-upon amendment to
this License Agreement, on or before May 1 ,2018, executed by the City Manager and Licensee.
b. The License period for the 2018 Annual Show shall extend for sixty (60)
consecutive days (including load in, show days, and load out), from October 22,2018 through
December 21,2018. The License fee for the 2018 Annual Show shall be $128,500, plus all
applicable taxes, including sales tax.
c. For the 2018 Annual Show, Licensor shall provide, and Licensee hereby accepts,
the Premises, with water service connections based on, and comparable to, the water service
provided by the City for the 2017 Annual Show. Licensee has satisfied itself that there is
sufficient pressure to support its water service needs with respect to its use of the Premises.
City shall also (i) provide the Premises with all required electrical service connections and/or
electric generators, based on, and comparable to, the electrical service connections and/or
generators provided for the 2017 Annual Show. lf City provides electric generators, then City
shall also provide all required electrical service using such generators at no cost to Licensee or
otheruuise reimburse Licensee for all required electrical service provided by City's generators),
or (ii) alternatively, reimburse Licensee for 100% of Licensee's costs in obtaining all required
electric service connections and/or electric generators (including Licensee's costs in obtaining
electrical service from such generators) for Licensee's use of the Premises. Except as
othenvise agreed to by the Parties, herein Licensee acknowledges and agrees that the City
shall not be responsible for providing any services, utilities, equipment or any other items to
Licensee for its use of the Premises.
d. For the 2018 Annual Show, if applicable based on the progress of construction at
the time of Licensee's load-in period, the cost of relocating up to 450 parking spaces to the 17th
Street Parking Garage is $107 per space for the period from October 22, 2018 - December 21,
2018 for employees/laborers of Clark Construction and its subcontractors. Licensee and
Licensor agree that (i) each Party shall pay 50% of the cost of such relocation, for up to five (5)
weeks of relocation, and (ii) Licensee shall be responsible for 1Q0o/o of the cost of such
relocation for any period after five (5) weeks.
e. ln the event the City determines that, due to the progress of construction activity
at the Miami Beach Convention Center, or construction of the Park during either 2018 or 2019,
the City needs to either (a) utilize the Premises for such construction during 2018 or 2019 or (b)
make the Premises available to accommodate Art Basel in the event that portions of the Miami
Beach Convention Center are not available for use by Art Basel for its 2018 event due to
construction delays, then the City shall provide Licensee with notice of the unavailability of the
Premises not laterthan May 1,2018 forthe 20lBAnnual Show, and not laterthan June 1,2019
for the 2019 Annual Show, and the provisions of this License with respect to the 2018 Annual
Show or 2019 Annual Show, as applicable, shall be null and void. ln the event the City notifies
the Licensee of the unavailability of the Premises for the 2018 or 2019 Annual Show pursuant to
this subsection, the City shall have no obligation to identify any alternative accommodations for
Licensee, or any monetary obligation or liability to Licensee whatsoever, and Licensee hereby
accepts all risks with respect thereto. Licensee acknowledges and agrees that it shall not have
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any claim, demand, or cause of action of whatever kind or nature, against the City, its officials,
employees, agents, and/or contractors, including, without limitation, claims for interference in
business or damages for business interruption, due to such cancellation pursuant to this
subsection. ln the event the City notifies the Licensee of the unavailability of the Premises for
either the 2018 or 2Q19 Annual Shows pursuant to this Section (such that the Annual Show
does not take place at the Premises), Licensee shall have the right to terminate the Agreement
for all Annual Shows subsequent to the Annual Show for which the Premises are unavailable,
by giving notice to the City not later than December 1, 2018 (if the Premises are unavailable for
the 2018 Annual Show) and December 1, 2019 (if the Premises are unavailable for the 201g
Annual Show).
f. Except as specified in this Section 3 with respect to the 2018 Annual Show, all of
the terms and conditions set forth in this License shall otheruyise apply to each Annual Show,
including the 2018 Annual Show. ln the event of any conflict between the terms of this License
and the terms set forth in this Section 3 with respect to the 2018 Annual Show, the terms of this
Section 3 shall govern and control.
g. Notwithstanding any provision to the contrary in this License, upon notice by the
Cityto Licensee on or before June '1 ,2019, in the eventthe construction of the Park is on-going
during 2019, and the City determines, at its discretion, that the Premises as described in
Section 2 hereof may not be available for the 2019 Annual Show, the terms described in this
Section 3 forthe 2018 Annual Show (including, without limitation, the License fee forthe 2018
Annual Show), shall be extended and shall apply to the 2019 Annual Show, in the same manner
as provided herein for the 2018 Annual Show.
4. License Fee for 2019 - 2023 Annual Show. The base rental fee ('License Fee") for
the use of the Premises for the 2019 Annual Show shall be $150,000, plus all applicable taxes,
including sales tax. For each year thereafter, commencing with the 2020 Annual Show, the
License Fee shall be calculated by reference to the License Fee for the immediately preceding
Annual Show, subject to annual adjustment by the greater ol (x) two percenl (2Yo), ot (y)
inflation rneasured by utilizing the United States Bureau of Labor Statistics, Consumer Price
lndex for All Urban Consumers; Miami-Fort-Lauderdale (on an October '1 to September 30 fiscal
year basis). For illustrative purposes only, the License Fee for the2022 Annual Show shall be
calculated by reference to the final2021 License Fee, subject to adjustment by the greater of (x/
two percenl (2o/o), or (y) inflation measured by utilizing the United States Bureau of Labor
Statistics, Consumer Price lndex for All Urban Consumers; Miami-Fort-Lauderdale; the License
Fee for the 2023 Annual Show shall be calculated by reference to the final 2022 License Fee,
subject to adjustment by the greater of (x) two percent (ZYo), or (y) inflation rneasured by
utilizing the United States Bureau of Labor Statistics, Consumer Price lndex for All Urban
Consumers; Miami-Fort-Lauderdale; and so on.
i. lf the square footage utilized by Licensee for each Annual Show changes,
the License Fee for such Annual Show shall be adjusted on a pro rata basis.
ii. The License Fee does not include any of the following, which shall be the
sole responsibility of Licensee.
1. Utilities/electrical costs;
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2. Equipment required for use of Premises;
3. lnstallation and removal of signage;
4. Taxes, including ad valorem, if applicable;
5. Permit fees as specified in Paragraph 24;
6. Trash removal;
7. Sod and planting material replacement;
8. Repair and replacement of damaged hardscape or landscape; and
9. Any other direct expenses arising from the Annual Show which are
incurred by Licensor for which Licensee is expressly responsible
under this Agreement.
iii. ln the event Licensee fails to remit payment of any amounts due under
this License, interest shall accrue on such overdue amounts at the rate of 0.5% per month (6%
per annum, non-compounded), or the maximum rate permitted by law, whichever is less.
5. Costs. For each Annual Show, Licensee shall reimburse the Licensor for all costs and
expenses incurred by Licensor in connection with Licensee's use of the Premises, including,
without limitation, equipment, services and labor costs, police/fire personnel, and other labor
costs, if any. Licensor shall charge, and Licensee shall pay, for all costs and expenses at lhe
then-prevailing rates.
6. Securitv Deposit. Licensee shall pay to the Licensor, no later than sixty (60) days
prior to the first Moveln date of each Annual Show, the sum of $20,000.00, as security for the
faithful performance by Licensee of the terms, conditions and covenants of this License. ln
the event of Licensee's default of a term, condition andlor covenant of this License, the
Licensor shall be entitled to retain such Security Deposit. ln the event that Licensee shall
fully comply with all of the terms, conditions, and covenants of this Lease, the Security
Deposit shall be credited toward the License Fee or any other amounts due to the Licensor
under lhis License.
7. Food and Beveraqe/Concessions. Licensee shall have the exclusive right to provide
food, beverage and catering services at the Premises, unless othenrvise agreed to by the parties
for any given year. With respect to the sale or service of food and beverage at the Premises,
Licensee shall comply with any exclusive product or sponsor relationship applicable to the
Premises, including City's agreement with Coca-Cola North America with respect to producl
exclusivity at the Premises (or any other exclusive beverage product sponsorship or similar
relationship that City may enter into prior to the expiration of the 2023 Annual Show). Except as
to Coca-Cola, Licensee shall not be bound to honor any such exclusive product or sponsor
relationship of the City which conflicts with Licensee's existing business relationships or
Licensee's business relationships arising hereafter but prior to City's notice to Licensee that City
is bound by such exclusive product or sponsor relationship.
8. Protection Clause/Competinq Events.
a. The Licensor agrees that it will not license the Premises to third parties for the
purpose of holding a furniture design show, for thirty (30) days immediately prior to, and the
thirty (30) days immediately after, the Annual Show (including move-in and move-out dates).
b. Throughout the Term, Licensee shall maintain its primary programming at the
Premises as a furniture design show. Except for the use of the Premises as a furniture design
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show featuring museum-quality furniture, lighting, and objects d'art, any other uses, including
without limitation, the presentation of an annual show with primary programming as any other
type of art fair, shall be subject to the prior written approval of the City Manager, at his or her
sole discretion.
9. Due Care in Use of Premises. Licensee agrees to exercise due care in its use of the
Premises, and shall use the Premises in a safe and careful manner. Except as expressly set
forth herein, Licensee shall not alter any part of the Premises without the City Manager's prior
written approval. Licensee shall not damage, mar, deface or injure any part of the Premises,
and shall be solely responsible for any damage caused to the Premises (or any other portion of
the Park used by Licensee) during the License Period.
i Upon expiration of the License Period for each Annual Show, Licensee
shall deliver the Prernises in as good condition and repair as existed at the beginning of the
License Period, shall remove from the Premises, any and all property, goods or other effects
belonging to, or brought onto the Premises, by Licensee (or its agents, contractors,
representatives or invitees). lf Licensee fails to do so, Licensor may store or cause to be stored
any such property at Licensee's expense. Alternatively, Licensor may deem such property to be
abandoned and sell such property in such a manner and to such an extent as is permitted by
applicable law, and apply the proceeds of such sale(s) in a manner determined by Licensor in
its sole discretion.
ii. Further, as provided in Section 2(h), upon expiration of the License
Period for each Annual Show, Licensee shall replace the sod and planting material at the
Premises (and any other portion of the Park used by Licensee). lf Licensee fails to replace the
sod and planting material, Licensor may replace the sod and planting material, at Licensee's
sole cost and expense.
iii. ln its use of the Premises, in no event shall Licensee cover or remove any
element of the Veteran's Plaza or any of the City's Art in Public Places works installed or
displayed at or in the vicinity of the Premises or the Park, and shall take steps to protect and not
cause any damage to the Veteran's plaza or Art in Public Places works of art.
10.@:
i. ln the event Licensor is not able to tender possession of the Premises or
any part thereof to Licensee because of any delay, then as long as such inability continues, the
License Fee shall be reduced pro-ratably. Licensor shall also be liable to pay any and all costs
incurred by Licensee including, but not limited to, personnel overtime costs, as a result of
Licensor's failure to tender possession of the Premises, unless such delay is caused by an
event of Force Majeure (as provided in Section 26 below), in which case the provisions of
Section 26 shall take precedence and control.
ii. Should Licensee fail to vacate and surrender the Premises at the end of
the License Period or restore the Premises to its original condition, Licensee shall pay to the
Licensor Licensee shatl pay to the Licensor $0.05 per square foot per day for use and
occupancy for that portion of the Premises that has not been vacated, surrendered, or restored
to its original condition. Further, the Licensor may, as a bailee, using reasonable care, remove
and store all goods and chattels at the sole expense of the Licensee and may dispose of any
such property if, after the expiration of fifteen (15) calendar days after the expiration of the
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License Period, the Licensee has failed to remove the property from the possession of the
Licensor, upon prior written notice. The Licensor shall not be liable to the Licensee on account
of so removing, storing, or disposing of any property as provided by this subsection and
Licensee shall save and hold Licensor harmless from any liability from another licensee who is
prevented from occupying their licensed portion of the Premises due to the holding over of the
Licensee.
11. Condition of Premises. Licensor makes no warranty or representatlon to Licensee of
any kind (express or implied) regarding the suitability of the Premises, or any portion thereof, for
any aspect of the use Licensee expects or intends to make of the Premises. Licensee further
agrees that the Premises shall be delivered to Licensee for each Annual Show "AS lS",
'WHERE lS," and "WITH ANY AND ALL FAULTS," and without warranty, express or implied, as
to the merchantability or fjtness for the use thereof for any particular purpose.
12. Event Activation/Operations. Licensee shall be solely responsible to provide for, and
make all arrangements with respect to, the activation, operation and safe presentation of each
Annual Show, including, without Iimitation, set-up and breakdown, box office and ticketing, credit
card terminals, crowd control, badge checkers, supervisors, janitorial staff, telecommunications
staff, internet technology staff, ticket takers, concession and catering staff, communications
services (such as telephone, internet, and other services), support services, and first aid EMTs
and flre personnel (at then-prevailing rates).
13. Advertisinq and Promotion. Licensee warrants that all advertising for each Annual
Show will be accurate and truthful, and will include accurate information of event times and
ticket prices (if applicable). All advertising of the Annual Show shall be subject to the prior
written approval of Licensor (which shall not be unreasonably withheld).
14. Securitv. Licensee shall be solely responsible for the security of all goods, property,
equipment, materials and any other items that it or its contractors, agents, or other
representatives bring onto the Premises. Licensee shall also be solely responsible for the
security of its employees, contractors, agents, representatives, invitees and other guests on
the Premises. The Licensor shall have no obligation or responsibility whatsoever in connection
therewith unless due to the gross negligence or willful misconduct of the Licensor.
15. Access and Control. Licensee shall, and shall cause its employees, agents and
exhibitors and contractors to, follow any and all rules, regulations and policies of the Licensor,
including any instructions of Licensor's representatives regarding Licensee's use and
occupancy of the Premises. ln licensing the use of the Premises to Licensee, it is understood
that Licensor does not relinquish the right to control the management thereof and to enforce all
necessary rules and regulations. Licensor shall at all times have the right to limit the number of
people attending the Annual Show, for the purpose of ensuring the safety of people and
property at the Premises"
16. Disorderlv Conduct. Licensor reserves the right at all times to refuse admission to or
to cause to be removed from the Premises any disorderly person, including Licensee's
employees, agents, contractors, exhibitors, guests and invitees, as determined by Licensor in its
sole discretion, and in the event of the exercise of such authority, Licensee hereby waives any
and all claims for damages against Licensor and the Owner on account thereof.
17. lOmittedl
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18. Clean Up, Licensee shall be solely responsible for the necessary housekeeping
services to properly maintain the Premises in a neat and orderly manner. Licensee shall
maintain the order and cleanliness of the Premises on a daily basis, and shall be responsible for
the removal of trash, rubbish, and garbage. lf required by the Licensor, Licensee shall
provide, at its own expense, trash receptacles throughout the Premises in an amount
sufficient to maintain the cleanliness of the area. Licensee shall also instruct and monitor its
employees and contractors to assure that trash, rubbish, and garbage are immediately picked
up on the Premises.
19. lndemnification. Licensee shall indemnify, defend and hold the Licensor, its
officers, employees, contractors, and agents, harmless from and against any and all
claims or causes of action (whether groundless or othenruise) by or on behalf of any
persons, firm or corporation, for personal injury, property damage, or other occurring upon
the Premises occasioned in whole or in part by any of the following:
a. an act of omission on the part of Licensee or any officer, employee,
contractor, agent, invitee, guest, or assignee of Licensee;
b. any misuse, neglect, or unlaMul use of the Premises by Licensee or any
officer. employee, contractor, agent, guest, invitee, or assignee of Licensee; and/or
c. any breach, violation, or nonperformance of any undertaking by Licensee
under this License.
Licensee agrees to pay, and shall pay, for all damage to the Premises caused by Licensee
or any employee, contractor, agent, guest, invitee, or assignee of Licensee.
20. lnsurance. This License shall not be effective, nor shall Licensee take possession
of the Premises, until all insurance required under this section has been obtained and such
insurance has been approved by the City's Risk Manager. Licensee shall maintain and
carry insurance sufficient to cover the operations and activities to be carried out on the
Premises, including the following minimum insurance:
General Liability, in the amount of $t,000,000,00. A certified copy of
Licensee's lnsurance Policy must be filed and approved bythe Risk Manager
prior to commencement. The CITY OF MIAMI BEACH, FLORIDA must be
named as an Additional lnsured.
Workers' Compensation & Employers Liability, as required pursuant to Florida
Statutes. A certified copy of Licensee's lnsurance Policy must be filed and
approved by the Risk Manager prior to commencement.
Automobile lnsurance, in the amount of $1,000,000.00. A certified copy of
Licensee's lnsurance Policy must be filed and approved by the Risk Manager
prior to commencement. THE CITY OF MIAMI BEACH, FLORIDA must be
named as an Additional lnsured.
1)
2)
3)
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All-Risks Property and Casualty lnsurance, written at a minimum of 80% of
replacement cost value and with replacement cost endorsement, covering the
non-permanent structures and floor coverings owned by Licensee.
Liquor Legal Liability Insurance, with policy limits of $2,000,000.00 per
occurrence, naming the CITY OF MIAMI BEACH, FLORIDA, as an additional
insured, either as an endorsement to Licensee's General Liability policy or
as a separate policy. Licensee shall provide the Licensor with evidence of this
insurance prior to selling or serving alcoholic beverages at or from the
Premises. lf Licensee fails to obtain or to continue this coverage, Licensee
shall immediately discontinue selling and serving alcoholic beverages from the
Premises. Licensee may also satisfy this requirement by ensuring that a third
party selling and serving such beverages maintains such insurance.
All insurance policies must be issued by companies authorized to do business under the
laws of the State of Florida. The companies rnust be rated no less than "B+" as to
management and not less than "Class Vl" as to strength by the latest edition of Best's
lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
21. Default and Terrnination. The following actions (a) through (e) shall constitute an
event of default by Licensee:
a. lf Licensee abandons or vacates the Premises during any of the dates
provided for its use of the Premises hereunder, other than as consistent with moving in or
out;
b. lf Licensee fails to timely pay any amount due, as required by this Agreement,
c. lf Licensee fails to discharge any lien filed on the Premises caused by any act
or omission of Licensee or its agents, contractors or employees, within five (5) days of written
notice from Licensor; or
d. lf Licensee fails to perform in accordance with any of the other terms and
conditions herein contained and such default is not cured within ten (10) days after written
notice from Licensor; or
e. lf Licensee fails to comply with the insurance requirements in Section 12
hereof and such default is not cured within twenty-four (24) hours of verbal or written notice
from the Licensor.
ln the event of a default by Licensee, and where such default is not cured within the
applicable period, the Licensor may terminate this Agreement without further notice to
Licensee. Licensee shall immediately surrender possession of the Premises, as well as
removing any personal propedy and equipment therefrom. Any personal property and
equipment not so removed shall be removed and stored at Licensee's expense.
Additionally, in the event of a termination hereunder, the Licensory may also pursue any
and all remedies, whether at law or equity, available to seek redress for such default.
4)
5)
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22. Bankruptcv and lnsolvencv. lf Licensee is adjudicated bankrupt or makes an
assignment for the benefits of creditors, the Licensor shall have the right to immediately
terminate this Agreement and re-enterthe Premises without notice or demand.
23. Termination for Convenience.
a. Either party may terminate the Agreement without cause prior to the conclusion
of the 2023 Annual Show by giving notice to the other not later than December 31 of the
calendar year prior to the calendar year of the first Annual Show scheduled to occur following
such termination..
b. ln the event Licensor terminates the Agreement prior to the conclusion of the
2023 Annual Show without cause pursuant to this Section 23, the Licensor shall reimburse
Licensee for (i) any deposit previously made for such next scheduled Annual Show; and (ii) all
non-refundable costs and expenses incurred by Licensee with respect to that year's Annual
Show.
c. ln the event Licensee terminates the Agreement prior to the conclusion of the
2023 Annual Show, without cause pursuant to this Section 23, Licensee shall (i) forfeit any
deposit previously made for the next scheduled Annual Show; (ii) reimburse the Licensor for all
non-refundable costs and expenses incurred by the Licensor with respect to such next
scheduled Annual Show; and (iii) reimburse the Licensor, as liquidated damages, for the costs
of the unamortized portion of design and construction of the Proposed Enhancements (if
funding is appropriated by the City for the Proposed Enhancements).
24. Permits and Licenses. For each Annual Show, Licensee shall be solely responsible
for obtaining, at its sole cost and expense, any and all permits and licenses necessary for its
use of, and operations on, the Premises, including, without limitation, a City Special Event
Permit, which includes building, structural, and electrical permits, with associated special event
permit fees. lssuance of such Special Event Permit shall be subject to and contingent upon
Licensee meeting all the requirements and conditions of the City's administrative rules and
guidelines for special events, as same may be amended from time to time, and any approvals
that may be required by any Authorities Having Jurisdiction or other regulatory authority (such
as the City's Building Department and Fire Department). Licensee shall be responsible for its
own Maintenance of Traffic (MOT) plan and life safety plans. Further, Licensee shall secure,
and shall be solely responsible for, any licenses required by any performing arts societies such
as ASCAP or BMI for music or other copyrighted works to be utilized or displayed at the Annual
Show. Licensee shall defend, indemnify and hold harmless Licensor and the Owner from any
and all claims, fees, expenses, costs or damages, including reasonable attorneys' fees and
court costs, suffered or incurred by such parties in connection with any breach of this Section,
25. Licensor's Riqht of Entrv. The Licensor, or its authorized agent or agents, shall have
the right, but not the obligation, to enter upon all or any part of the Premises at all reasonable
times for the purpose of inspecting same, preventing waste, making such repairs as the
Licensor may consider necessary, and for the purpose of preventing fire, and/or addressing
other life safety issues. However, the Licensor agrees that, whenever reasonably possible,
the Licensor shall provide notice to Licensee, unless the need to enter the Premises is an
emergency, as deemed by the Licensor, in its sole discretion, which if not immediately
11
71
addressed could cause property damage, loss of life or limb, or other injury to persons.
Nothing herein shall imply any duty on the part of the Licensor to do any work that under any
provisions of this Agreemenl Licensee may be required to perform, and the performance
thereof by the Licensor shall not constitute a waiver of the Licensee's default.
26. Sponsorship/Complimentarv Tickets. The City of Miami Beach shall be recognized
as a
-
level sponsor of each Annual Show, and shall receive sponsorship recognition that,
at a minimum, includes logo recognition in the annual catalog, and logo recognition on the
Licensee website (with a link to City's website). ln addition, City will receive recognition in the
Design Miami catalogue. Licensee shall provide the City with a minimum of ten (10)
complimentary VIP passes for each Annual Show, and at least 25 additional complimentary day
passes for each Annual Show. Further, for each Annual Show, Licensee shall provide Miami
Beach residents with the opportunity, at least _ days in advance of each Annual Show, to
purchase individual passes or tickets to the Annual Show at a discount of at least fifteen percent
(15%) off regularly advertised ticket prices. The Licensor shall provide Licensee with various
media channels/formats to promote the offer (i.e. City newsletter, website).
27. Force Maieure. Licensor does not guarantee the uninterrupted use of the Premises,
as the use of the Premises may be suspended or delayed by reason of "Force Majeure" as
defined herein. Neither Party shall be considered to be in breach of this License, or liable or
responsible to the other Party, for any delay, damage, loss, failure, or inability to perform its
obligations hereunder, if such delay, damage, loss, failure or inability to perform, directly or
indirectly, is caused by or in any manner arises from, an event of "Force Majeure." The term
"Force Majeure", as used in this subsection, means the following: an act of God, strike, war,
public rioting, terrorism, unusualtidal activity affecting the use of the Premises, fire, hurricane
or other storm event, explosions, epidemics, earthquakes, floods, civil disturbances, chemical
or environmental contamination, accident, confiscation or seizure by any governmental
authority, and any other similar cause which is not reasonably within the control of the Party
whose performance is to be excused, and by which the exercise of due diligence could not
be reasonably prevented or overcorne. lf an occurrence of an event of Force Majeure takes
place, the Pafi affected by the Force Majeure event shall provide notice to the other Party
within twenty-one (21) days of the date on which such Party gains actual knowledge that
such Parly is unable to perform due to Force Majeure. The period of Force Majeure, and the
suspension of obligations hereunder, shall extend to and include any period of time required
to implement emergency preparations in advance of the event of Force Majeure, the event of
Force Majeure itself, and the period of time following the event of Force Majeure that may be
required to restore the Premises and/or remediate any delay, damage, loss, failure or inability
to perform as a consequence of the event of Force Majeure. lf either Licensor or Licensee
cancel any Annual Show due to an event of Force Majeure, the Parties shall not have any
liabili$ under the License and Licensee, as its sole remedy and relief, shall receive a refund
of any uncommitted or cancelable advance payments, including any deposits made pursuant
to this License, less any expenses directly incurred by Licensor in preparing for the Annual
Show.
The Parties further acknowledge that by virtue of climate conditions and the City's status as a
major tourism destination that attracts many foreign visitors, the Licensor cannot make any
guarantees with respect to mosquito borne virus transmissions, including but not limited to
the Zika virus. ln the event of the occurrence of any such transmissions, Licensee shall have
access to the same general information that the City provides to the general public with
regard to transmission risks and prevention etforts. The Licensor encourages Licensee to
12
72
post relevant public health-related information on its website and if possible, other marketing
channels, for the benefit of its guests and patrons, as necessary. The Parties expressly
acknowledge and agree that the occurrence of mosquito borne virus transmissions, including
but not limited to Zika virus transmissions within the City of Miami Beach, Florida or
elsewhere shall not constitute an event of Force Majeure under this License, unless a
governmental entity or other public authority having jurisdiction issues a mandatory
evacuation order or a travel ban that precludes attendees from traveling to the City of Miami
Beach for the Annual Show.
28. Compliance With Laws and Rules of the Premises: Taxes, Licensee shall fully
abide by, conform to and comply with, and shall cause every person under its direction or
control who is connected with the performance of any aspect of this License to fully abide by,
conform to and comply with all applicable laws, rules, regulations and ordinances of the United
States of America, the State of Florida, the County of Miami-Dade, the City of Miami Beach and
their respective agencies, as well as any rules, regulations and policies of Licensor for the use,
occupancy and operation of the Premises. Licensee agrees to pay promptly all taxes assessed
on its activities at the Premises hereunder, including, without limitation, any sales tax on the
payment of the License Fee and any other costs payment under this License (which shall be in
addition to, and separate from, the amounts due hereunder), and any ad valorem taxes, if any.
Licensee shall be responsible for filing of any required federal, state or local tax or information
returns and the payment of all sales, admission, excise and other taxes due, if any, in
connection its obligation due with respect to with the Annual Show or admissions thereto.
29. Non-Discrimination / Americans With Disabilitv Act. Licensee agrees not to
discriminate against any employee or applicant for employment to be employed in the
performance of or in relation to this License, with respect to the hire, tenure, terms, conditions
or privileges of employment, or any other matter directly or indirectly related to such
employment, whether on account of race, marital status, color, religion, national origin,
ancestry, age, sex, sexual orientation or handicap. With respect to the Annual Show, Licensee
recognizes that it is subject to the provisions of Title lll of the Americans with Disabilities Act, as
amended ('ADA'), Licensee shall be responsible for ensuring that its set-up for the Premises for
each Annual Show complies in all respects with the ADA, including without limitation with regar:d
to accessibility, usability, and configuration. Licensee shall be solely responsible for providing
auxiliary aids or any modification of the Premises or other portion thereof that may be required in
order to accommodate the Annual Show, and for ensuring that the policies, practices, and
procedures it applies in connection with the Annual Show are in full compliance with the ADA.
30. Waiver. No waiver by Licensor any time of any of the terms or conditions of this
License shall be deemed at any tirne thereafter a waiver of the same or any other term or
conditions hereof.
31. Remedies, The rights and remedies provided by this Agreement are cumulative, and
the use of any one right or remedy by any party hereto shall not preclude or constitute a waiver
of its right to use any or all other remedies. Such rights and remedies are given in addition to
any other rights and remedies a party may have by law, statute, or othenruise.
32. Severabilitv. lf any term or provision of this License or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this License, or the application of such term or provision to persons or circumstances other
13
73
than those as to which it is held invalid or unenforceable, shall not be affected thereby and
each terrn and provision of this License shall be valid and be enforceable for the fullest
extent permitted by law.
33. Governing Law: Venue. This License shall be governed by and construed in
accordance with the law of the State of Florida. This License 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
enforcemenl of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS
LICENSE, LICENSEE AND LICENSOR EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS LICENSE.
34. Limitation of Liabilitv. Licensor desires to enter into this License only if in doing so
the Ltcensor can place a limit on the Licensor's liability for cause of action for money
damages due to an alleged breach by the Licensor of this License, including but not limited
to a delay or failure to provide the Premises to Licensee, so that the liability of the
Licensor forany such breaches never exceeds the aggregate total sum of $10,000, plus
any amounts which Licensee has paid to the City and for which City is obligated to
reimburse Licensee ("the Liability Cap"). Licensee hereby expresses its willingness to
enter into this License with Licensee's recovery from the Licensor for any damage action for
all matters arising under this License to be limited to a maximum aggregate total amount
equal to the Liability Cap. Accordingly, and notwithstanding any other term or condition of
this License, Licensee hereby agrees that the Licensor shall not be liable to Licensee for
damages in an aggregate total amount in excess of ihe Liability Cap for any action or
claim for breach of contract or othenruise arising out of the performance or
nonperformance of any obligations imposed upon the Licensor by this License. Nothing
contained in this paragraph or elsewhere in this License is in any way intended to be a
waiver of the limitation placed upon the Licensor's liability as set forth in Florida Statutes,
Section 768.28. Neither party shall be liable under any circumstances to the others or to any
third party for any indirect, special, punitive or consequential damages, or loss of revenue or
profits, arising in connection with this License, even if such party has been advised of the
possibility of such damages. Furthermore, Licensor shall not be responsible or liable for any
injury or death to person or loss or damage to property sustained by Licensee, its employees,
agents, exhibitors, contractors, or any other person claiming through Licensee resulting from
any condition, accident or occurrence in or upon the Premises, unless such injury, loss or
damage is due to the gross negligence or intentional misconduct of Licensor or its employees or
agents. Nothing herein shall limit or impair any right of Licensee under any insurance policy(ies)
maintained by the City.
35. Notices. All notices shall be sent to the Parties at the following addresses:
Licensor:City of Miami Beach
City Manager's Office
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Attn: City Manager
14
74
and Tourism and Cultural Development Department
1755 Meridian Avenue, Suite 500
Miami Beach, FL 33139
Attn: Director
Design Miami ll, LLC
3841 N.E. 2nd Avenue, Suite 400
Miami, FL 33137
Attention: Craig Robins
Design Miami ll, LLC
3841 N.E. 2nd Avenue, Suite 400
Miami, FL 33137
Attention: Jen Roberts and Nicole Darnell
Licensee:
With copies to:
Licensee and Licensor may change such address at any time upon giving the other Party
written notification. All notices under this License must be in writing and shall be deemed to
be served when delivered to the address of the addressee. All notices served by mail
shall be registered mail, return receipt requested. Licensee may designate additional
persons for notification of default.
36. Not a Lease. lt is expressly understood and agreed that no part of the Premises or
the Park, or any part, parcel, building, structure, equipment or space is leased to the Licensee;
that this License is solely in the nature of a non-exclusive license agreement, and is not a
lease, and in no event shall this License be construed to confer any legal or equitable interest
of any kind whatsoever in the Premises, the Park, or any City-owned property.
37. Entire Aqreement. The Parties hereby agree that this License represents the
entire agreement between the Parties relating to the subject matter hereof. fhis License
alone fully and completely expresses the agreement of the parties relating to the subject
matter hereof. There are no other courses of dealing, understanding, agreements,
representations or warranties, written or oral, except as set forth herein. This License may
not be amended or modified, except by a written agreement signed by all parties hereto.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
15
75
lN WITNESS WHEREOF, the Parties hereto have caused this License to be
executed by their appropriate officials, as of the date first entered above.
ATTEST: LICENSOR/CITY OF MIAMI BEACH
Rafael E. Granado, City Clerk Philip Levine, Mayor
LICENSEE/DESIGN MIAMI
DESIGN MIAMI II, LLC,
by Design Miami lnc., its managing partner
WITNESS:
Jennifer Roberts
CEO
Print Name
WITNESS:
By:
Print Name
APPHOVEDASTO
FOFM & IANGUAGE
&FOB EXECUTION
By:
&t,:t":
CityAttorney (Ap Dats
16
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Distribution Plan at 3,400amps
)ption C -- DM has (13) underground pockets (exact locations TBD the below are not to scale) receiving a tota
f 3,400amps dedicated for the tent site alone with each floor pocket @ 4S0V/3P on its own breaker to eniure
rue" service' DM's power needs will likely surpass the available grid seryice and DM will likely need to supple-
ent with portable generalr:rs. Breakdown below.
Exhibit "8"
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78
Agenda ftem C7 /+B
Date to"(7-/ 7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING MAYOR PHILIP
LEVINE'S DECISION TO VOLUNTARILY FOREGO THE FULL ANNUAL
SALARY AND OTHER COMPENSATION AND BENEFITS AFFORDED TO
THE OFFICE OF MAYOR, AS HEREINAFTER SET FORTH IN THIS
RESOLUTTON (THE,'MAYOR'S COMPENSATION"), THROUGH THE END
OF HIS TERM OF OFFICE AS MAYOR IN NOVEMBER 2O{7 IN FISGAL
YEAR 20'17-2018, AND APPROVING THE TRANSFER OF FUNDS
EQUIVALENT TO THE MAYOR'S COMPENSATION FROM THE CIry OF
MIAMI BEACH TO ONE MIAMI BEACH, INC. SO THAT SUCH FUNDS
MAY BE EXPENDED BY ONE MIAMI BEACH, INC. TO FUND QUALIFIED
NEEDS AND PROJECTS, AS DETERMINED BY ONE MIAMI BEACH,
INC., THAT BENEFIT ANIMAL WELFARE.
WHEREAS, pursuant to Section 2.02 of the City Charter, the annual compensation (i.e.,
salary) for the Office of Mayor is $10,000; and
WHEREAS, in addition, the Mayor is also entitled to pension benefits (similar to those
available to Unclassified City employees), a car allowance, life insurance coverage, and a
monthly office stipend for travel and other expenses related to his public duties (hereinafter, the
Mayor's salary and the preceding benefits are collectively referred to as the "Mayor's
Compensation"); and
WHEREAS, the Mayor's Compensation through the end of his term of office as Mayor in
November 2017 is approximately $7,696.75, and
WHEREAS, Mayor Philip Levine intends to discharge the duties of his office for the
minimum consideration of $1 per year and to voluntarily forego the Mayor's Compensation
through the end of his term of office as Mayor in November 2017 so that the Mayor's
Compensation may be transferred to and expended by One Miami Beach, Inc., for qualified
needs and projects, as determined by One Miami Beach, lnc., that benefit animal welfare; and
WHEREAS, accordingly, the monies totaling the Mayor's Compensation will remain
unspent in the Mayor's Office budget, and may be allocated by the City Commission for such
other purposes as the Mayor and City Commission deem in the best interest of the public; and
WHEREAS, pursuant to Resolution No. 2014-28465, the Mayor and City Commission
directed the City Manager and City Attorney to establish an independent not-for-profit 501(c)(3)
organization, to be known as "One Miami Beach," for the purpose of providing assistance to
worthy and qualified community needs and projects that benefit the health, welfare, or safety of
the City of Miami Beach and, thereafter, One Miami Beach, lnc., was incorporated as a Florida
not-for-profit corporation; and
WHEREAS, the Mayor and City Commission hereby approve the transfer of the amount
equivalent to the Mayor's Compensation through the end of his term of office as Mayor in
November 2017, in Fiscal Year 2017-2018, from the City of Miami Beach to One Miami Beach,
lnc., so that One Miami Beach, lnc. may allocate these funds to qualified needs and projects
that benefit animal welfare.
79
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
acknowledge Mayor Philip Levine's decision to voluntarily forego the full annual salary and other
compensation and benefits afforded to the Office of Mayor (the "Mayor's Compensation")
through the end of his term of office as Mayor in November 2017, Fiscal Year 2017-2018, and
approve the transfer of funds equivalent to the Mayor's Compensation from the City of Miami
Beach to One Miami Beach, lnc. so that One Miami Beach, lnc. may expend these funds on
qualified needs and projects, as determined by One Miami Beach, lnc., that benefit animal
welfare.
PASSED and ADOPTED this _day of October, 2017.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
FORM & LANGUAGE
F:\ATI'O\TURN\RESOS\Mayods Compensation Reso 201 6-2O17.docx
80
Agenda ltem L'7 /JCgals to-18-t)RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING PARQUES REUNIDOS SERVICIOS
CENTRALES S.A., THE OWNER AND OPERATOR OF THE MIAMI
SEAQUARIUM, TO RETIRE LOLITA, THE ENDANGERED ORCA WHALE,
FROM HER SMALL TANK IN THE MIAMI SEAQUARIUM, AND MOVE HER
TO A PEN IN THE PACIFIC NORTHWEST AS SOON AS POSSIBLE; AND,
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO ALL GOUNW MAYORS IN THE STATE OF FLORIDA
AND TO THE FLORIDA LEAGUE OF CITIES.
WHEREAS, killer whales, also known as orca whales, are traditionally important to the
Lummi Nation, a Native American tribe in westem Washington state; and
WHEREAS, the orca whale "Lolita" was captured from Penn Cove, Puget Sound,
Washington on August 8, 1970 and sold to the Miami Seaquarium for $20,000; and
WHEREAS, Lolita is now Z2-teel long and 7,000 pounds and has lived for over four
decades in a tank measuring only 80-by-35 feet wide - just four times her body length - and
only 20 feet deep; and
WHEREAS, during Hurricane lrma, she was left in harm's way, her tank uncovered and
exposed to potential 130+ mph hurricane-force winds and structural collapse. lf Hurricane lrma
had traveled along its expected forecast along the eastern Florida coast, the resulting damage
could have easily led to her death; and
WHEREAS, a comprehensive transport, rehab, and retirement plan has been developed
by Ken Balcomb, of the Center for Whale Research, and Howard Garrett, of the Orca Network,
to bring Lolita safely to Eastsound, Orcas lsland in Washington state for rehabilitation in a
seapen in her natural environment; and
WHEREAS, on August 1, 2017, the Lummi Nation passed the following motion
regarding Lolita, also known as Tokitae: "The Lummi Nation honors our connection to the Killer
Whale (qw'e lh ' ol m6 chen) as a culturally significant species and supports the work of the
Lummi Nation's Sovereignty and Treaty Protection Office in its efforts to bring the Killer Whale
Tokitae home to her family as soon as possible"; and
WHEREAS, the future health, safety, and welfare for the endangered orca whale Lolita
is a matter of great concern to the City of Miami Beach and to all who care about our
endangered species and their humane treatment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urges Parques Reunidos Servicios Centrales S.A. to retire Lolita, the
endangered orca whale, from her small tank in the Miami Seaquarium, and mover her to a pen
in the Pacific Northwest as soon as possible; and, direct the City Clerk to transmit a copy of this
Resolution to all county mayors in the State of Florida and to the Florida League of Cities.
PASSED and ADOPTED this day of
ATTEST:
2017.
Philip Levine, Mayor APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUT]ON
&+(,r[* tt''rb'r1
City Attorney 1o1' Dote
Rafael E. Granado, City Clerk
81
Dear Mr. Eiroa,
Mahatma Gandhi said, *The greatness of a nation and its moral progress can be judged by the way ix
animals are treated."
A^s mayors from cities and counties acrox the state of Florida, we urge you to retire l,olita the
endangered orca whale from her small tank in Ivliami Seaquarium, and mol'e her to a sea pen in the
Paci{ic Northwest as soon as possible.
For ol-er forir decades, Lolita has been confined to a tanli measuring only 35 feet *ide-just four times
her body length-ancl only zo feet deep. I)uring llurricane lrma, slie was left in harm's way', her tanli
uncoo"erad and exposed to potential r3o+ rnph hurricane-fcrce t'in<ls and structural gollpse (among
other tlangers). Iilrma hail traveled along it. expected forecast along the eastern Florida coast, the
resulting damage could have easilyled to her death.
It is now clear that the Miami Seaquarium is not onlJ'an inhumane place for [.o]ita-it is also unsafe.
Arvell-l'etted plan already exists (orcanetnork.orq) to mole and rehabilitate Lolita to a waiting sea pen in
the San Juan islands in rrr/ashingto$ state. According to Orca Netrt'ork, a commlurity of whale experts, it
vvill cost approximately $r.S million and take 6-8 week for the entire process-frorn .transport,
rehabilitati6ri, to retirement. this money can easily he rai.sed from private sectcr source$t and the process
can be completed with minimal risk
Children and aduits are dran:r to the Miami Seaquarium to learn about conse*'ation and-proteltign of
our marine em.ironment. Orcas n*ither belong in marine iife parks nor in South Florida. This is an
opportunity to be a leader, and set an exaraple for other parks around the world tn follolv'
Lotita has entertained generations of risitors in Flori<la. Now, it is time to retire Lolita to a safer rintl
healthier existence.
'Ihere arc no hurricanes in Puget Sountl. it is time to bring her horne.
Ptttt,tP LEvINE
MAYOR
October 18, sory
Fernando Eiroa, Prasident and CEO
Parques \eq4r{oq {e5{cios Centrales S.A.
Pasm de la Castellana, zrO - rOth flooi
Madrid, Spain 28o46
CITY OT MIAMI EEACH
,7(}{} CT}N,.iEI'ITI(1N CE$TER O'1IVE, MIAt'.I BEACH'
'1 [L- t.305]6?.3'7D3$ ' rAx 13d]51 A?: ](>lJ6. i, MAll.:PHlt
FLSritSA 33r3q
r e L t:vrxe@r l'tlnt'41s s.A{]H le L.{iov
Philip Levine,
City of Miami Beach
82
Agendattem RS B
Date ia -i8- t7
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
6 OF THE CODE OF THE G!ry OF MIAMI BEACH, ENTITLED..ALGOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN
GENERAL," SECTION 6.3 THEREOF, ENTITLED "HOURS OF
SALE/VIOLATIONS," TO AMEND THE HOURS OF PACKAGE
SALES OF ALCOHOLIG BEVERAGES (WHICH INCLUDE
SALES OF ALCOHOL FOR OFF-PREMISES CONSUMPTION)
IN THE MXE MIXED USE ENTERTAINMENT DISTRICT, AND IN
THE ADJOINING CD.2 GOMMERCIAL, MEDIUM INTENSITY
DISTRICT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") regulates the location, size, hours of
operation, and minimum patron age for uses that permit the sale and consumption of alcohollc
beverages in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, the Mayor and City Commission have determined that it is in the best
interest of the City, and it serves the health, safety, and welfare of the City's residents and
visitors, to prohibit package sales of alcoholic beverages (which include sales of alcohol for off-
premises consumption) after 8.00 p.m. each day, in the MXE district; along Washington Avenue
in the CD-2 commercial, medium intensity district adjoining the MXE district; and along the east
side of Collins Avenue (between 73rd and 75th Streets) in the CD-2 commercial, medium
intensity district adjoining the MXE district; and
WHEREAS, this Ordinance strikes a balance between (i) the public safety concerns
associated with the sale of alcoholic beverages, on the one hand, and (ii) the convenience of
the City's residents and visitors who desire to purchase alcoholic beverages, as well as the
economic vitality of the City's retail stores, on the other hand; and
WHEREAS, State law expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, a municipality may, by
ordinance, establish hours of sale for alcoholic beverages; and
WHEREAS, Florida courts have rejected equal protection and due process challenges to
Section 562.14, Florida Statutes (See Wednesday Night, lnc. v. City of Fort Lauderdale (Fla.
1973)); and
WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Village of North Palm Beach v. S & H Foster's, lnc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
83
WHEREAS, in Stafe ex rel. Floyd v. Noel (Fla. 1936), the Florida Supreme Court
recognized that "[i]t is so well settled that no citation of authority is required to support the
statement that a municipality exercising the powers inherent in municipal corporations may
reasonably regulate the sale of intoxicating liquors and in providing such reasonable regulations
may prohibit the sale of such liquors within certain hours, and also may prohibit the sale of
liquors within certain zones"; and
WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Florida AGO 059-73 (1959); and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p.497 (1950); and
WHEREAS, Florida courts have consistently held that alcoholic beverage
establishments are not entitled to grandfather status as to hours of sale for alcoholic beverages.
(See Village of North Palm Beach v. S & H Foster's, lnc. (Fla.4th DCA 2012); Other Place of
Miami, lnc. v. City of Hialeah Gardens (Fla. 3d DCA 1978)); and
WHEREAS, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. ld.; Playpen 5., lnc. v.
City of Oakland Park,396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Daytona Resfs., lnc. v. City of S. Daytona, 186 So. 2d78 (Fla. '1st DCA 1966); and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 6-3, entitled "Hours of sale/violations," of Article l, of Chapter 6 of the City
Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 6
ALGOHOLIC BEVERAGES
ARTICLE l. ln General
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:
(1) Retailsfores for package sales only-Off-premises consumpfion. Vendors may make
sales of alcohol only for off-premises consumption between the hours of 8:00 a.m. and
midnight.
84
(2)
A. Notwithstanding subsection (a)(1), vendors located in the MXE mixed use
entertainment district en#+e that oortion of the CD-zi commercial, medium
intensity district adioinino the MXE district beh*een alono Washington Avenue
@, fr€m between 5th Street te and 16th Street, and that
portion of the CD-2 district adioininq the MXE district alonq the east side of
Collins Avenue (between 73rd and 75th Streets) may make sales of alcohol only
for off-premises consumption between the hours of 9SO 10:00 a.m. and 1€SO
8:00 p.m.
Retail sforeg including grocery, convenience sfores, and gasoline seruice/filling
sfafions. Retail stores, including grocery, convenience stores, and gasoline
service/filling stations, which primarily offer for sale products other than alcoholic
beverages may only make sales of beer and wine only for off-premises consumption
between the hours of 8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(2), retail stores, including grocery, convenience
stores, and gasoline service/filling stations, that are located in the MXE mixed
use entertainment district, and+he that oortion of the CD-2 commercial, mixed
use+ medium intensitv district adioininq the MXE districtr-€n along Washington
Avenue @, between 5th street and 45th 16th street, and
that portion of the CD-2 district adioininq the MXE district alonq the east side of
Collins Avenue (between 73rd and 75th Streets), and which primarily offer for
sale products other than alcoholic beverages may only make sales of beer and
wine only between the hours of 10:00 a.m. and 1€€g 8:00 p.m.
Alcoholic beverage establishmenfs. All alcoholic beverage establishments with state
licensure-On-premises consumption only, may make sales of alcohol between the
hours of 8:00 a.m. and 5:00 a.m.
(a) Restaurants not operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, but not operating as 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 also operating as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholic
beverage establishments, and also operating as 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 entertainment shall not be conducted
between the hours of 5:00 a.m. and 10:00 a.m.
(c) Other alcoholic beverage establishments. Other alcoholic beverage
establishments, not containing restaurants with full kitchen facilities, shall close at
5.00 a.m. and remain closed. No patron or other persons, other than those
employed by the vendor may remain on the premises between the hours of 5:00
a.m. and 8:00 a.m.
(d) Sidewalk cafes. Notwithstanding the provisions of subsections (3)(a) through (c),
alcoholic beverages shall not be offered for sale or consumption at sidewalk cafes,
as defined in section 82-366 of this Code and as otherwise permitted by the City in
accordance with chapter 82, article lV, division 5, subdivision ll of this Code (as
(3)
85
may be amended from time to time), between the hours of 1:30 a.m. and 8:00
a.m., and shall not be consumed at sidewalk cafes between the hours of 2:00 a.m.
and 8:00 a.m. No variances may be granted from the provisions of this section 6-
3(3Xd) as to the hours of sale or consumption of alcoholic beverages at sidewalk
cafes.
Note: For purposes of this section, full kitchen facilities shall mean having commercial
grade burners, ovens, and refrigeration units of sufficient size and quantity to
accommodate the occupancy content of the establishment. Full kitchen facilities must
contain grease trap interceptors, and meet all applicable city, county, and state codes.
(4) Off-premises package sa/es by alcoholic beverage establishments. Off-premises
package sales associated with alcoholic beverage establishments other than retail
stores shall be permitted between the hours of 8:00 a.m. and midnight.
A. Notwithstanding subsection (a)(4), off-premises package sales associated with
alcoholic beverage establishments, other than retail stores, that are located in the
MXE mixed use entertainment district and-{he that portion of the CD-2i
commercial* medium intensity district 2r--on adioininq the MXE district alono
Washington Avenue @, between 5th Street and -15th
16th Street, and that portion of the CD-2 district adioininq the MXE district alono
the east side of Collins Avenue (between 73rd and 75th Streets) shall be
permitted only between the hours of 10:00 a.m. and {€$O 8:00 p.m.
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 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.
86
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2017.
Philip Levine
Rafael E. Granado Mayor
City Clerk
(Sponsored by Vice-Mayor Ricky Arriola and co-sponsored by Mayor Philip Levine)
Underline denotes new language
S+n*e+n+eugh denotes removed lang uage
F:\ATTO\KALN\ORDINANCES\Package liquor sales - 8PM in MXE and CD2.docx
APPROVEDASTO
FORM & I-ANGUAGE
.Dher
Qr
CityAttortey
87
88
Resolutions - R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of tle City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October '18,2017
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE FINANCIAL TERMS OF THE AGREEMENT WITH HARRIS
coRPoRATrON, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2017-006-AK, FOR A
PUBLIC SAFETY RADIO NETWORK, AS SET FORTH IN EXHIBIT "A' TO THE COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION; AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO FINALIZE THE AGREEMENT WITH HARRIS CORPORATION,
INCORPORATING THE TERMS APPROVED HEREIN; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT WITH
HARRIS CORPORATION, SUBJECT TO REVIEW AND FORM APPROVAL BY THE CITY
ATTORNEY.
RECOMMENDAT!ON
Adopt the Resolution.
ANALYSIS
To seek proposals from qualified firns to replace the City's aging public safety
Adninistration released Request for Proposals (RFP) No. 2017-006-AK, for Public
two proposals to the RFP.
radio system, on October 24, 2O16, lhe' .
Safety Radio Network. The City received
At its June 7,2017, neeting, pursuant to Agenda ltem R7F, the Mayor and City Conrr{ssion accepted the City Manager's
reconrrendation authorilng the Administration to negotiate with Harris Corporation ("Hanis") for an agreernent for a
replacernent to the City's current public safety radio system. As outlined in the aforernentioned agenda item, the City Manager's
reconmendation for award to the City Comnu'ssion clearly articulated the reasons why, in his opinion, Harris provided the best
overall technical proposal to replace the City's aging public safety radio infrastructure. However, the City Manager also
acknowledged that Harris' proposal, while technically superior to the other proposal received, was significantly higher in price.
For this reason, the City Manager recomnended that the Administration be authorized to negotiate a lower cost with Hanis,
while naintaining the technical capabilities that nnde Hanis'proposal superior.
Following the City Conrnission's direction, the Administration successfully negotiated with Harris to reduce the cost of a new
public safety radio system.
ln addition to a significantly lower cost, the Administration also negotiated additional system enhancernents for the City, including:
o XG-25 portable radios (featuring OTAR and AES) replacing XG-15 unencrypted portable radios (Qty 25)r OTAR and AES features added to 25 Fire Dept. portables
o OTAR and AES features added to 5 DEM portables
o All Police Radios are tull key pad (System) rnodelsr One additional Console for TrafficlCode
o Microwave to reach additional Console for Traffic/Coder Microwave link for the lSSl
o Extended Wananty to 3 years including NOC Monitoring
The aforernentioned system enhancernents were negotiated as value-added itens not included in the base price, therefore
providing the City a savings in the anpunt of $406,932.00.
Additionally, following the expiration of the initial coverage period for years one (1) through three (3) the parties have agreed, to
the cost for optional radio rnaintenance plan for years four (4) and five (5), six (6) through ten (10), and eleven (11) through
fifteen (15), which provides the City with a potential savings in the anpunt of $986,442. If the City elects to opt for the optional
radio neintenance, the rnaintenance shall be payable in yearly installnents as detailed in Efiibit "A."
89
CONCLUSION
Having considered the results of negotiations with Harris, I find that the proposal from Hanis renpins the overall best option for
the City and the safety of our law enforcenent and public safety enployees, for the reasons noted below.
Above any other consideration, it is essential that the City's radio system assures the highest level of safety for the City's law
enforcenent and public safety personnel. ln order to do so, the system selected rrust provide full interoperability with the
systens utilized by the City's neighboring public safety agencies. Given the frequent interactions between our public safety
officers and theirs, interoperability has always been a prinnry concem. For this reason, the RFP stated its requirenent to
achieve sean{ess roaming between the City's system and its neighboring jurisdictions (Section C-7.4, p.1921. The law
enforcenrent jurisdictions with which the Gity believes interoperability to be the nrcst critical include Miani-Dade County (and the
jurisdictions it services), City of Miami, City of Coral Gables, City of Aventura, and City of Hialeah. ln fact, after the City of Miami
finalizes its transition to a Harris system, the only jurisdictions within Miami-Dade County that would rernain on a Motorola
system are the cities of Hialeah and Hornestead.
With regard to interoperability, the City's consultant, Tusa Consulting Services, has determined that, while a Harris system can
interoperate with a Motorola system, and vice versa, there are certain beneficial features that are enhanced when interfacing
between Hanis to Hanis, or Motorola to Motorola systen6. Being able to receive location (GPS) infonretion at the Mian$ Beach
dispatch center while radios roam into a neighboring system is one such feature. Also, the ability to change the encryption keys
over the air (OTAR) from neighboring systens is another feature. Sean{ess roaning refers to the ability for Miami Beach
personnel to eXend their conrnrnication coverage beyond the geographical confines of the City's radio system while nnintaining
the full feature sets of the system without the cumbersonre task of any nnnual adjustnents. lt is important to note that seantress
roaming and interoperability is not just important to our officers when they cross the causeways (which is quite frequent), but also
to the nany officers from other jurisdictions that work on Miami Beach during rnany of our special events. With like- systens the
City will achieve much better coordination on both sides of the bay.
Finally, Hanis submitted an original price of $21,962,508 for their public safety radio system, which included warranty and
nraintenance. The original base price provided by Harris did not include the following value-added itene in the arnount of
$406,932: XG-25 portable radios (featuring OTAR and AES) replacing XG-15 unencrypted portable radios (Qty 25); OTAR and
AES features added to 25 Fire Dept. portables; OTAR and AES features added to 5 DEM portables; all Police radios are full
key pad (System) rncdels; one additional console for traffidcode; microwave to reach additional console for traffic/code;
microwave link for the lSSl; and extended warranty for optional radio naintenance to three (3) years including NOC monitoring.
Following nnnths of productive negotiations, I can report that Hanis and the Adninistration were able to reduce the original price
offered by $6,462,508. The total cost for the Harris public safety radio system is $15,500,000.
Therefore, after achieving the cost reduction required, and directed, by City Conrrdssion on June 7, 2017,I continue to believe
that the proposal from Hanis offers the overall best option for the City and the safety of our law enforcement and public safety
enployees. Accordingly, I reconrnend that the Mayor and City Commission hereby approve the financial terns of the agreernent
with Hanis Corporation, pursuant to Request for Proposals (RFP) No. 2017-006-AK, for a Public Safety Radio Network, as set
forth in Eltribit "A' to the Conrrdssion Memorandum acconpanying this Resolution; authorize the City Manager and City
Attomey to finalize the agreenent with Hanis Corporation, incorporating the tefirs approved herein; and further authorire the
Mayor and City Clerk to execute the final negotiated agreernent with Hanis Corporation, subject to review and form approval by
the City Attorney.
KEY INTENDED OUTCOMES SUPPORTED
Enhance Public Safety and Energency Preparedness
FINANCIAL INFORMATION
ln approving the financial terns, the City is in the process of identifying financing. Additionally, execution of the agreement would
be subject to identifying and acquiring funding which could include debt financing identification and availability.
Legislative Tracking
Police/Fire/Emergency ManagenenuProcurenEnt
ATTACHMENTS:
Descriplion
o Resolution
o E*ribit "A"
90
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE FINANCIAL TERMS OF THE
AGREEMENT WITH HARRIS GORPORATION, PURSUANT TO REQUEST
FOR PROPOSALS (RFP) NO. 2017-006-AK, FOR A PUBLIC SAFEry RADIO
NETWORK, AS SET FORTH lN EXHIBIT "A',',' TO THE GOMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION; AUTHORIZING THE
CITY MANAGER AND CITY ATTORNEY TO FINALIZE THE AGREEMENT
WITH HARRIS CORPORATION, INCORPORATING THE TERMS APPROVED
HEREIN; AND FURTHER AUTHORIZING THE MAYOR AND clry GLERK TO
EXECUTE THE FINAL NEGOTIATED AGREEMENT WITH HARRIS
CORPORATION, SUBJECT TO REVIEW AND FORM APPROVAL BY THE
GITY ATTORNEY.
WHEREAS, on October 19,2016, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 2017-006-AK, for Public Safety Radio Network
(the "RFP"); and
WHEREAS, on October 24, 2016, the RFP was issued, with an opening date of
February 15,2017i and
WHEREAS, on February '15, 2017,hhe City received proposals from Harris Corporation
and Motorola Solutions, lnc.; and
WHEREAS, on March 1,2017, the City Managervia Letterto Commission (LTC) No.
119-2017, appointed an Evaluation Committee, which convened on March 13,2017 to review
and score the proposals received; and
WHEREAS, the Evaluation Committee's evaluation of qualifications and scope resulted
in the unanimous initial recommendation of Harris, as the top-ranked proposer, and Motorola as
the second-ranked proposer; and
WHEREAS, when cost points were added to the Committee's evaluation scores, the
final ranking and recommendation resulted in a tie between Harris Corporation and Motorola
Solutions, lnc.; and
WHEREAS, the Cig Manager, having considered the recommendation of the Evaluation
Committee and having further conducted his own due diligence with respect to the two
proposals recommended that the Mayor and City Commission authorize the Administration to
enter into negotiations with Harris Corporation, as the first recommended proposer; and
WHEREAS, on June 7, 2017, the Mayor and City Cornmission approved Resolution
2017-2990Q accepting the recommendation of the City Manager, pursuant to Request for
Proposals (RFP) No. 2017-006-AK, for a Public Safety Radio Network; and authorized the
Administration to enter into negotiations with Harris Corporation, as the City Manager's first
recommended proposer; and further, should negotiations with Harris Corporation be
unsuccessful, authorized the Administration to enter into negotiations with Motorola Solutions,
lnc., as the second recommended proposer; and
91
WHEREAS, pursuant to the City Commission's direction, as provided in Resolution No.
2017-2990[ the Administration has successfully negotiated cost reductions from Harris
, Corporation's original proposal, for a total system cost of $15,500,001.00, including 15 years of
maintenance, as more fully set forth in Exhibit "A" to the Commission Memorandum
accornpanying this Resolution; and
' WHEREAS, the City Manager, after consulting with the Chiefs of the Police and Fire
Departments, considers the negotiated proposal from Harris Corporation, as outlined in Exhibit
; A, to provide the City with the best overall combination of functionality and value to serve the
needs of the City's first responders; and
WHEREAS, based on the foregoing, the City Manager recommends that the Mayor andI 6ity Commission approve the financial terms of the agreement with Harris Corporation, as set
, forth in Exhibit "A" hereto; authorize the City Manager and City Attorney to finalize the
I agreement with Harris Corporation, incorporating the terms approved herein; and furtherI authorize the Mayor and City Clerk to execute a final negotiated agreement, subject to form
approval by the City Attorney.
I r r^lr, ?r TFEFFAF EE6-rI lrEtl E V Ir NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
I cogytssloN oF THE clry oF MTAMI BEAcH, FLoRIDA, that the Mayor and city
Commission hereby approve the financial terms of the agreement with Harris Corporation,
I pursuant to Request for Proposals (RFP) No. 2017-006-AK, for a Public Safety Radio Network,
as set forth in Exhibit "A" to the Commission Memorandum accompanying this Resolution;
authorize the City Manager and City Attorney to finalize the agreement with Harris Corporation,
incorporating the terms approved herein; and further authorize the Mayor and City Clerk to
execute the final negotiated agreement with Harris Corporation, subject to review and form
approval by the City Attorney.
PASSED AND ADOPTED this
-
day of
-2017.Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk APPROVEDASTO
FORM &I.ANGUAGE. & FOR B€CUTION
lLC'l ,W
#-
GlUAttomeY g-np Date
92
EXHIBIT A
COMPREHENSIVE AGREEMENT TERM SHEET
2017-OO6.AK PUBLIC SAFEry RADIO NETWORK
iliTeffi D.eSBriFtion
Nature of
Comprehensive
Agreement
The Comprehensive Agreement will establish a contract transitioning the City of Miami
Beach from its current public safety radio system to a new Project-25 (P25) 700/800 MHz
digital simulcast trunked network system. Successful implementation and completion of the
public safety radio network project will include delivery, installation and integration of
subscriber equipment, network and infrastructure development, software, warranty and
maintenance, training, technical support and project management, throughout the term of
the Agreement, in alignment toward full Project-25 compliance. The Comprehensive
Agreement will be a fixed price contract, subject to adjustment only for certain events and
circumstances as set forth in the Comprehensive Agreement.
System Costs Group 1. Network
One Time Additional Dismunt
Group 1. Network Cost - Net of Discount
Group 2. Subscriber Equipment
One Time Additional Discount
Group 2. Subscriber Equipment Cost - Net of
Discount
Group 3. Training Cost
*Sub-Total ( Groups 1 through 3)
Grouo 4. Warranfu and Maintenance (Network)
$
$
8,146,961.00
(1 ,715,386.00)
6,431,s75.00
4,868,145.00
(1,568,150.00)
3,299,995.00
268,430.00
10,000,000.00
lnfrastructureYear4-5 $600,000.00
$1,600,000.00lnfrastructure Year 6 - 10
$1,900,000.00lnfrastructure Year 1 'l - 15
Hardware Refresh Year 7 and Year 12 $1,400,000.00
Total YUarranty/Maintenance Cost
* GRAND TOTAL SYSTEM GOST (Groups 1 through 4)
$
$
5,500,000.00
15,500,000.00
Negotiated Enhancements
(Value of these items is
$406,932.00)
. Qty 25 XG-25 portable radios (featuring OTAR and AES) replacing XG-15
unencrypted portable radios
r OTAR and AES features added to 25 Fire Dept. portables
. OTAR and AES features added to 5 DEM portables
. All Police Radios are full key pad (System) models
. One additional Console for Traffic/Code
. Microwave to reach additional Console for TrafficiCode
. Microwave link for the lSSl
. Extended Waranty to 3 years including NOC Monitoring
Page 1 of4
93
Optional Radio Maintenance
Years 4 through 5 - Radios Maintenance $
Years 6 through 10 - Radios Maintenance $
Years 11 through '15 - Radios Maintenance $
Total Radio Wananty/Maintenance Cost $
234,258
649,974
753,498
1,637,730.00
a. Years 1-3: No charge. Cost is included in Group 2, Subscriber Equipment Cost.
b. Yearlylnstallments:
Years 4 and 5 - Radios Maintenance
Years 6 through 10 - Radios Maintenance
Years 11 through 15 - Radios Maintenance
$1 1 7, 129.00
$129,994.80
$150,699.60
lf the City elects to opt for the subscriber units maintenance in Years 4-15
the City shall notify Hanis at least 90 days prior to third anniversary date o
Final Svstem Acceotance
DeadlineslMilestones The Contractor will be required to achieve certain deadlines under the Comprehensive
Agreement, including deadlines for project scheduling, testing, and final completion. Major
milestones are outlined in the mutually agreed upon Project Schedule to be included in
Exhibit A of the final negotiated agreement and, generally, shall proceed in the following
order:. Kick-off Meeting - 10 days after contract signing.. Detailed Design Review - 2 months after Kick-off Meeting.. Factory Staging - 6 months after Kick-0ff Meeting.. Shipment of Equipment - 7 months after Kick-off Meeting.r lnstallation - 11 months after Kick-off Meeting.. Functional and Coverage Testing - 16 months after Kick-off Meeting.. Final Acceptance - 18 months after Kick-off Meetinq.
Term of Agreement The term of the Comprehensive Agreement will be fifteen (15) years from the effective
date of the Comprehensive Agreement, from the date the Ci$ issues its letter of System
Acceptance, subject to extension pursuant to the Comprehensive Agreement. The City,
by and through its City Manager, shall have two (2) option(s) to renew this Agreement,
for a period of one (1) years for each renewal term option, subject to availability and
appropriation of funds, at the City's sole discretion. City shall provide Contractor with
notice of renewal no later than thirty (30) days prior to the expiration of the initial term (or
first renewalterm, as applicable).
Key Personnel and Key
Conkactors
The Contraclor will not be allowed to terminate, replace or substitute any key account
manager and related personnel without the City's approval. The Comprehensive
Agreement will include information regarding provisions that must be included in key
conhacts.
Governing Law and Venue The Comprehensive Agreement shall be govemed by the laws of the State of Florida.
Exclusive venue shall be in Miami-Dade County (if in state court) and the U.S. District Court,
Southern District of Florida (if in federal court). The parties waive a trial by jury in any civil
litigation relating to the Comprehensive Agreement.
Page 2 oI 4
94
Payment Schedule The amounts outlined in the Price Schedule (Exhibit B) shall be paid by the City to
the Contractor as follows:
A. lnfrastructure.
Ten percent (10%) of the Total Agreement Price (excluding the aggregate price of the
Terminal Hardware included in the Total Agreement Price) shall be due at the time of
the NTP1.
Twenty (20%) of the Total Agreement Price (excluding the aggregate price of the
Terminal Hardware included in the Total Agreement Price) shall be due at the time of
the Detailed Design Review Approval.
Twenty five percent (25%) of the Total Agreement Price (excluding the aggregate
price of the Terminal Hardware included in the Total Agreement Price) shall be due at
the time of lnfraskucture Equipment shipment.
Fifteen percent (15%) of the Total Agreement Price (excluding the aggregate price of
the Terminal Hardware included in the Total Agreement Price) shall be due upon
substantial completion of the Hardware installation for the Police Department,
EOC/Fire Station 2 and Council Tower Sites, or the first three sites installed
(exclusive of the mutually agreed upon value of any punchlist items).
Fifteen percent (15%) of the Total Agreement Price (excluding the aggregate price of
the Terminal Hardware included in the Total Agreement Price) shall be due upon
substantial completion of the Hardware lnstallation for Collins Condominium, Tower
41 and Park View Sites or final sites installed (exclusive of the mutually agreed upon
value of any punchlist items).
Fifteen percent (15%) of the Total Agreement Price (excluding the aggregate price of
lhe Terminal Hardware included in the Total Agreement Price) plus any remaining
unpaid portion of the Total Agreement Price for all Hardware, Software and Services
to be provided under the terms of this Agreement (excluding lhe aggregate price of
the Terminal Hardware included in the Total Agreement Price) shall be due upon final
Acceptance of the System.
B. Subscriber Hardware:
1. One Hundred percent (100%) of the purchase price of Subscriber Hardware shall
be invoiced upon delivery of units on a per unit basis. Delivery of radios to be
finalized during DDR.
C. Maintenance:
1. lnfrastructure Maintenance.
a. Years 1-3: No charge. Cost is included in Group 1, Network Cost.
b. Years 4-15: $5,500,000, payable in equal yearly installments (on the
anniversary date of Final System Acceptance) of $458,333.33.
Page 3 of 4
95
Contingency Allowance The amount of contingency allowance under this Agreement shall be Ten Percent
(10%) of the Total Agreement Price, to be used solely at the City's discretion, and
with the approval of the City Manager, to pay for any element or service that was
unforeseen and not specifically required of the Contractor by the Contract
Documents.
Licenses, Permits, and Fees All FCC frequency coordination, license application preparation and engineering
activities associated with the development of the FCC license submittal, including
path surveys, as necessary, shall be the responsibility of the Contractor.
The City is responsible for obtaining all Federal Communications Commission
frequency licenses for the System, with the Contractor providing technical assistance
and information as set forth in the Statement of Work. The City will be responsible for
obtaining all FM approvals for newly-constructed or modified towers, if applicable.
Assignment This Agreement shall not be assigned, sold, conveyed, pledged, encumbered or
othenivise transferred by Contractor, in whole or in part, and Contractor shall not
assign any part of its operalions, without the prior written consent of the City
Manager, which may be withheld or conditioned, in the City Manager's sole
discretion.
Legal Terms and Conditions ln addition to the financial and business terms contained herein, the Comprehensive
Agreement shall include negotiated terms acceptable to the City Manager and City
Attorney. Should the City be unable to successfully negotiate an agreement, the
City, through the City Manager, reserves the right, to terminate negotiations.
Page 4 of 4
96
Resolutions - R7 H
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18,2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN
AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-199-KB FOR
DESIGN, BUILD, OPERATION, AND MAINTENANCE SERVICES FOR AN INTELLIGENT
TRANSPORTATION AND SMART PARKTNG SYSTEM (THE "PROJECT'), TO TRANSCORE tTS,
LLC (.TRANSCORE.), AS THE TOP-RANKED PROPOSER, AND AUTHORIZTNG THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TRANSCORE; FURTHER, SHOULD
THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH
TRANSCORE, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
lTERlS, lNC., AS THE SECOND HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH ITERIS,
INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH SICE,
INC., AS THE THIRD HIGHEST RANKED PROPOSER; AND FURTHER, SUBJECT TO
NEGOTIATION OF A CONTRACT PRICE THAT IS WITHIN THE CITY'S BUDGETED
APPROPRIATION FOR PHASE I AND PHASE II OF THE PROJECT, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATI O NS BY THE ADM I NI STRATI O N.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
ln November 2015, the City of Miami Beach City Conrrdssion entered into a contract between the City and Kindey-Hom and
Associates (KHA) for Program Management of the City of Miani Beach lntelligent Transportation System (lTS) and Snnrt
Parking System (SPS) Project. KHA has been coordinating with the City for the past six (6) nnnths developing the mininum
technical requirenents for the project, Project Plan docunrnts, Concept of Operation Docunents, and Project Systenrs
Engineering and Managenent Docurnents. The docunents have assisted KHA in working with the City in defining the
pararneters for procuring Design-Build-Operate-Maintain services for the City of Miami Beach ITS and SPS Project.
The project includes the inplenentation of technology to facilitate the City's nnnitoring and nanagernent of traffic conditions,
thus allowing the City to respond real-tirne to roadway incidents, excess vehicular dennnd, ernergency construction, and other
events that ray cause congestion along principal conidors.
At the June 10, 2016 NeighborhoodlCommrnity Affairs Convnittee (NCAC), staff presented the project and received
endorsernent from the Conrnittee. The direction ftom the NCAC was presented at the July 13, 2016 City Conrrission Meeting.
At the rneeting, the City Conrnission directed staff to proceed with the project and issue a Request for Proposals (RFP) for
Design-Build-Operate-Maintain services in September 2016. Although the project has been phased based on funding
availability, the RFP for the prolect includes the implenentation, operation, and nraintenance of all the phases.
RFP PROCESS - PHASE I
On Septenber 14,2016, the City Commission approved the issuance of Request for Proposals (RFP) No. 2016-199-KB for
Design, Build, Operation, and Maintenance Services for an lntelligent Transportation (lTS) and Snart Parking System (SPS).
On September 16, 2016, the RFP was issued and a voluntary pre-proposal conference to provide infornation to the proposers
submitting a response was held on Septenrber 29,2016.
ln accordance with Section 287.055 of the Florida Statutes, the RFP provides for a two-step, phased evaluation process. The
Phase I seleclion process, relates to the qualifications of the firns through the process outlined in RFP Section 0400, Evaluation
Methodology. Only those Proposers qualified during Phase I are authorized to proceed to Phase ll of the RFP selection
97
process, in which price and detailed technical proposals will be considered.
Phase I responses were due and received on Wednesday, Noventer 23,2016. The City received proposals from the following
four (4i firns:r lteris
o MasTec Advanced Technologies
e SICE, lnc.r TransCore lTS, LLC
On Decenber 19, 2016, MasTecAdvanced Technologies (MasTec) was notified that its proposal failed to include the fully
completed and executed Certification Form(AppendixA(pg.21), Proposal Certification, Questionnaire & Requirenents
Affidavit) as stated in the RFfl and, accordingly, was deened non-responsive. Pursuant to Section 2-371(e), of the City
Code, nntters of responsiveness shall be at the determination of the City Manager and City Attorney.
On Novenrber 28, 2016, the City Manager appointed the Evaluation Committee via LTC # 512-2A16. The Committee
convened on December 21,2016 to consider responsive proposals received. The Conrnittee was conprised of Monica
Beltran, Assistant Director, Parking Departnent, City of Miam{ Beach; Darlene M. Femandez, Assistant Director, Miaml
Dade Departnent of Transportation and Public Works, Miani-Dade County Josiel Ferrer-Diaz, Transportation Manager,
Transportation Departrnent, City of Miami Beach; Frank Quintana, Division Director, lT Departrnent, City of Miami Beach;
Javier Rodriguez, P.E., Transportation Systens Managenrent and Operations Program Engineer, Florida Departrnent of
Transportation.
The Connnittee was provided an overview of the project, infornution relative to the City's Cone of Silence Ordinance and
the Governrnent Sunshine Law The Conrrittee was also provided general infornution on the scope of services,
references, and a copy of each proposal. The Conrnittee 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
Attachnent A, in the following order:
1st lteris, lnc.
2rd TransCore lTS, LLC
3'd slcE, lnc.
On January 13,2017, the City Manager approved, pursuant to Section 0400 Proposal Evaluation, Paragraph 4, page 18,
of RFP No. 2016-199-KB Design, Build, Operation, and Maintenance Services for an lntelligent Transportation System
(lTS) and Snrart Parking System (SPS), for all responsive firns to proceed to Phase ll. Accordingly, the following firns
were authorized to proceed to Phase ll of the RFP selection process, in which price and detailed technical proposals will
be considered, lteris, lnc., SICE, lnc. and TransCore lTS, LLC.
RFP PROCESS - PHASE II
Upon receipt of the specification docunrents from the Transportation Departnent, on May 8,2017, the Procurernent
Departnent issued Phase ll of the RFP process to the short-listed proposers. A pre-proposal conference to provide
inforrnation to the short-listed proposers was held on May 17,2017. On August 4, 2017, the City received proposals in
response to Phase ll of the RFP from the following short-listed proposers:
o lteris, lnc.
o SICE, lnc.r TransCore lTS, LLC
The Evaluation Committee, appointed by the City Manager via l,:lC # 512-2016, convened on August 22,2017 to consider the
technical proposals received under Phase ll. The Conrrittee was conprised of Monica Beltran, Assistant Director, Parking
Departnent, City of Miami Beach; Darlene M. Fernandez, Assistant Director, Mianil-Dade Departnent of Transportation and
Public Works, Miami-Dade County; Josiel Ferrer-Diaz, Transportation Manager, Transportation Departnrent, City of Miani
Beach; Frank Quintana, Division Director, lT Departnent, City of Mian{ Beach; Javier Rodriguez P.E., Transportation Systens
Managenent and Operations Program Engineer, Florida Departrrent of Transportation.
The Conrnittee was provided an overview of the project, infonretion relative to the Ci$'s Cone of Silence Ordinance and the
Governrnent Sunshine Law. The Conrnittee was also provided general infornration on the scope of services, a copy of each
proposal, and engaged in a question and answer session with each proposer. The Cornnittee was instructed to score and rank
each proposal pursuant to the evaluation criteria established in the RFP for Phase ll. The evaluation process resulted in the
ranking of proposers as indicated in Attachrnent B, in the following order:
1st TransCore lTS, LLC
znd fteris, lnc.
3rd slcE, lnc.
98
A sumrnary of firns follows:
TransCore lTS. LLC:
According to the firm, TransCore lTS, LLC, as the City's prine contractor along with thier lead design partner, BCC
Engineering, lnc., is pleased to present this technical proposal focused on the early phase deployrnent for the City of Miami
Beach's lntelligent Transportation and Snert Parking System DBOM. TransCore is unlquely-qualified as the nation's largest
firm providing lntelligent Transportation System (lTS) solutions, specialilng in ITS prograns, and offering the City of Mianf
Beach 'revenue generating'lransportation and snnrt parking opportunities ihrough our RFID products and subsystens. We are
also the only turnkey services firm with the cornplete offering to Design, Build, Operate and Maintain for you.
TransCore has successfully proven eperience as the first and only ITS DBOM provider in Florida for the l-10/l-110 ITS DBOM
in Pensacola with ongoing operations and naintenance (O&M) into 2018 and beyond. Additionally, and highly inportant to this
Miami Beach progran is that TransCore has been providing ITS rnaintenance for FDOT District Six for the past 15-plus years.
ln May, we were awarded the continuing ITS nraintenance services contract, based out of the SunGuide TMC, for the District
until at least 2O22. There is zero learning curve in selecting TransCore to deploy, operate and maintain for the City of Miani
Beach!
Most excitedly though, TransCore understands how important custonrer service is for all of your visitors and tourists in order to
provide a first class e4perience to your premier destination. This cornes through a parking reservation system that can be
uniquely Miami Beach, effectively rolling out the red carpet for your custorners! As such, TransCore is proud to have Miami's
own, MyPark, as part of our service offerings. MyPark (usemypark.com) is a revolutionary service that enables the npnetization
and control of premium parking spares at high traffic, high value spots, while offering the City's visitors a rnost convenient and
fun way to park. This is accomplished by combining the unique MyPark device with their user-friendly reservation and paynent
app, nnking MyPark a conplete solution for providing parking convenience.
Iteris. lnc.:
According to the firm, as transportation professionals, it is known that cities rnake even better music through easing congestion
and providing a rnore harnpnious transportation eperience that gives time back to the people and increases a City's livability
and quality of life for the users of the City's infrastructure. The lteris Team is focused on delivering the ITS and SPS project to
ensure customer success - not just for the City, but also its partner agencies, residents, travelers and visilors who are the
lifeblood of the City. lteris delivers the right infornntion at the right tirne to over 1 million travelers per week to nnke better
decisions based on real-time conditions on the transportation netwo*.
Iteris is the leader in applied infonnatics for transportation systens with offices nationwide. The firm specializes in collecting and
aggregating actionable data for contextually relevant solutions in traffic engineering, traffic signal systens, lTS, and
transportation planning. The Team that lteris has forrned for the City's ITS and SPS DBOM offers nrany experienced engineers
planners and data analysts with extensive knowledge of lTSl and integration, traffic operations and parking nnnagenent.
SICE. lnc.:
According to the firm, to present a conpelling strategic alliance for this project, SICE has partnered with well-known local firns,
supplenenting the skills, knowledge and capacity of our team. With the exceptional capabilities of all companies combined, the
Cig will have access to an unparalleled level of ITS and Snnrt Parking experience, ensuring that the project objectives are
achieved.
As ITS prirne conlractor, SICE has been successfully delivering ITS projects since the 80s, on a daily basis our Traffic
Managenent systens nanage npre than 1,500 nfles of road and 1500 traffic intersections around the world. SICE is currently
engaged in ITS deploynent projects as Prine contractor within Districts Two, Four, Five and Six and have an exceptional
understanding of FDOT and Miami-Dade standards, specifications and procedures. SICE brings local nnintenance erperience
performing maintenance and naintenance planning of the ITS infrastructure of our existing construction projects, such as the l-
95 Phase 3A- 2, SR 821 (HEFT), and l-75 Segment E. SICE understands the technical challenges of this Project and the
importance of teaming with the proper local and experienced resources to able to successfully inplenenl it.
The Team is dedicated and conrr*tted to create long term relationships with their custorners. We look forward to the opportunity
to partner with the City of Miami Beach for this project. We strongly believe that the balance between our technical capabilities,
the successful collaboration between the parties, the allocation of a skilled local nnnagenent team, and our previous sin*lar
experiences will lead to the successful delivery of an ITS and Snart Parking System that is 100% aligned to meet and exceed
the project goals and objectives outlined in the RFP.
CONCLUSION
Working with its Program Manager, Kindey Horn, the Cig had estinated project costs of approximately $t0.0 nillion for Phase I
and ll, with a total project budget of approximately $14.5 million. However, the Cost Proposals submitted by the firns range from
$14.5 to $26.5 million for Phases I and ll, and range between $28 and 34 million for the total project.
99
Therefore, the cost proposals received pursuant to the RFP significantly exceed the City's cost estirnate for the project.
Notwithstanding the budgelary concems, after reviewing all the submissions and the results of the evaluation process, I find that
TransCore lTS, LLC (TransCore), who has been unaninrcusly topranked by the Evaluation Committee, has provided the best
overall technical proposal. Sorre of the highlights of the TransCore technical proposal, as articulated by the Evaluation
Conrnittee, include:r The team proposed by TransCore has a proven track record of successfully inplenenting pQects under the design, build,
operate and neintain (DBOM) nethodology contemplated for the City's project.
o The innovative aesthetic consideration of the signage related to the project was very rnuch appreciated.r Enjoyed their proposed dashboard system and the fact that it's a cloud based system which nay be accessed from
anywhere.
o TransCore provided a lot of out of the box ideas related to the aesthetics and the technology corrponent of the project.
Nonetheless, upon review of proposed costs, the City's Program Manager is confident that the City will be able to negotiate with
the highest ranked firm to reach an agreenent in scope and cost to better align with the City's Vision of the project and available
budget.
Gig staff and Program Manager reviewed the price proposals submitted by each of the firns and identified various points of
discrepancy with the City's Project Systens Engineering and Managenent Docunents (PSEMP) inctuded in as part of the RFP
Package. These discrepancies can be used as points of negotiation to ensure the City is receiving the best price possible for the
services provided. The points of discrepancy identified were the following:
o ITS: The PSEMP specifies that wherever possible, devices shall be installed on existing infrastructure (traffic signal poles,
street light poles, and other eisting infrastructure). All three (3) proposals asqured a worst case scenario of providing new
poles for all devices.r SPS: The PSEMP specified that the City Conu'rission only approved integration of existing gate counting system at City
Garages with Digital Message Signs outside garages to display parking capacity infornation. All three (3) proposers
included Level-byJevel space count systens in their cost proposals.
o Comnunications: The PSEMP specified a wireless system for Comnunication of the project. The proposers included
Hybrid systens including fiber for connection to Sunguide/FDOT network at the Downtown Miami NAP center.
ln addition, the City's Program Manager has specifically cornpared the line itens provided by the proposers and identified the
various itens where the price provided by the proposers exceeds industry standards (Attachnent C). These itens will be used
as part of the negotiations. Furthernpre, the City's Program Manager has identified three (3) projects with similar scopes and
proposed nunber of devices inplernented by the Florida Departrnent of Transportation District 4 for mlch lower prices.
After reviewing all the subndssions, the results of the evaluation process, and the City's Program Manager's assessrnent of the
proposals submitted, the Cig Manager reconrnends that the Mayor and City Conrnission approve the resolution authorizing the
Administration to enter into negotiations with TransCore lTS, LLC, as the top ranked proposer; and, should negotiations fail,
authorizing the Administration to enter into negotiations with lteris, lnc., as the second highest ranked proposer; and, should
negotiations fail, authorilng the Administration to enter into negotiations with, SICE, lnc. , as the third highest ranked proposer;
further, authorilng the Mayor and City Clerk to execute the agreenent with the successful flrm.
KEY ]NTENDED OUTCOMES SUPPORTED
Ensure Comprehensi\e Mobility Addressing All Modes Throughout The City
FINANCIAL INFORMATION
The final cost of the related services, shall be determined upon successful negotiations, and are subject to funds availability
approved through the City's budgeting process. Grant funding will not be utilized for this project.
Legislative Tracking
Transportation/ProcurenEnt
ATTACHMENTS:
Description
o AttachrnentA: Phase I Scoring and Ranking
o Attachment B: Phase ll Scoring and Ranking
100
D
D
Attachment C
Resolution
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ATTACHMENT C
Projg,q,i Components T-rinscofE KHA Difference
T,*tdLt;
Eouioment Poles s 430,s00.00 S 43o,soo.oo
Dvnamic Messase Sisn - Arterial DMS s 2,887,s00.00 s 1.400,000.00 S 1.487,soo.oo
ITS Cabinet s 889,87s.00 s 370.320.00 S s1g,sss.oo
MOT s s2s,000.00 S S szs,ooo.oo
ITS lnstallation, Testing and Documentation s 4,483,s00.00 s s 4,483,s00.00
SPS lnstallation, Testing and Documentation s 971.500.00 s s 971,s00.00
Client Software and License (TMC)s 1,17s,000.00 S 33,soo.oo S 1,141,soo.oo
System Design and lmplementation s 2,800.000.00 s 1,113,755.00 s 1,686,245.00
The DMS model chosen is larger than the model prescribed in the PSEMP
Sensors will be used at ramps to provide level-by-level counts
Site 1 and 4 are proposed to be connected to FDOT fiber at l-395 and l-195 to provide connection
to the TMC
Smart City Software
One monument DMS approaching each garage displaying available space count by level
Sensors will be used at ramps to provide level-by-level counts
_ _ ::t: ,:, .;:: :::::
Project.,Components
:i::::::=;KHA :':1.:ll
S 431,460.00
em Design/l nstallation/l ntegration 5 4,443,934.00 S 1,113,755.00 3,330,179.00
Construction 765,243.78 765,243.78
Wireless Communications Network
Electrical Service s 963,900.00
Client Software and License s 1,533,11s.00 S :a,soo.oo 1,499,615.00
Projeci Cdm:n0. . ..r,,
amic Messase Sien - DMS S 2,307,1s8.38 S 1,4oo,ooo.oo 907,158.38
Conduits (Fiber S s20,803.63 520,803.63
Wireless Communications Network 5 644,473.99 574,891.99
Electrical Service 490,674.99 s 490,670.99
centlbl'i
Broward
liil1$|flth*-inL.
r,,.Bfowafd .,
ATMS @ 3 Miami Beach
CCTV Video Cameras 63 42 48 58
Dvnamic Messase Sien - DMS 10 Aa 9 34
Vehicle Detection System - MVDS 54 15 Z 18
Travel Time Svstem - Bluetooth 33 L]30
Cabinet Updates 13 6L
Cabline Cost- Fiber 18 miles 20 miles 32 miles
Total Cost $ 8,$r.0;ist,00 $ 5;356,870.s9 $ 7.es2;a86:00
104
RESOLt.tflON NO, 2017-
A RESOLUTION OF THE MAYOR AND CITY C.OMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, ACCEPTING TI.IE REGOMMENDATION OF THE
CIry MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST
FOR PROPOSALS (RFP) NO. 2016-199-Kts FOR DESIGN, BUILD,
OPERATION, AND MAINTENANGE SERVICES FOR AN INTELLIGENT
TRANSPORTATION AND SMART PARKING SYSTEM (THE "PROJECT"), TO
TRANSCORE trs, LLG ("TRANSCORE"), AS THE TOP-RANKED
PROPOSER, AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH TRANSCORE; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUGCES$FUL IN NEGOTIATING AN
AGREEMENT WITH TRANSCORE, AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTTATIONS W|TH lTERlS, lNC., AS THE SEGOND
HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUGCESSFUL IN NEGOTIATING AN
AGREEMENT WITH ITER!S, INC., AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH SICE, INC., AS THE THIRD HIGHEST
RANKED PROPOSER; AND FURTHER, SUBJECT TO NEGOTIATION OF A
CONTRACT PRICE THAT IS WITHIN THE CITY'S BUDGETED
APPROPRIATION FOR PHASE I AND PHASE II OF THE PROJEGT,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON COhICLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION
WHEREAS, on September 14,2016, the City Commission directed the Administration to
issue a Request for Proposals (RFP) for Design, Build, Operation, and Maintenance Services
for an lntelligent Transportation (lTS) and Smart Parking System (the 'Project"); and
WHEREAS, RFP No. 2016-199-KB was released on September 16, 2016, with an
opening date of November 23, 2016; and
III/HEREAS, pre-proposal conference to provide information to the proposers submitting
a responsewas held on September 29, 2016; and
WHEREAS, the RFP provided for a two-step, phased evaluation process; and
WHEREAS, the Phase I selection process, related to the qualifications, experience and
availability of the proposers and key members of the design-build team, including the lead
designer and lead contractor; and
WHEREAS, only those proposers short-listed during Phase I were authorized to proceed
to Phase ll of the RFP, in which price and detailed technical proposals, based on the approved
Design Criteria Package (the "DCP"), would be considered; and
WHEREAS, under Phase t, the City received proposals in response to the RFP from the
following four (4) firms: lteris, lnc., MasTec Advanced Technologies, SICE, lnc., and TransCore
lTS, LLC; and
WHEREAS, on December 19, 2016, MasTec Advanced Technologies (MasTec) was
notified that its proposal failed to include the fully completed and executed Certiflcation Form
105
(Appendix A (pg. 21), Proposal Certification, Questionnaire & Requirements Affidavit) as stated
in the RFP, and, accordingly, was deemed non-responsive; and
WHEREAS, on November 28,2016, via LTC # 512-2016, the City Manager appointed
the Evaluation Committee (the "Evaluation Cornmittee"), which convened on December 21,
2016 to considerthe proposals submitted under Phase l; and
WHEREAS, the Evaluation Committee's Phase I rankings were as follows: 1) lteris, lnc.;
2) TransCore [TS, LLC; and 3) SICE, lnc; and
WHEREAS, on January 13, 2017, the City Manager approved, pursuant to Section 0400
Proposal Evaluation, Paragraph 4, page 18, of RFP No. 2016-199-KB Design, Build, Operation,
and Maintenance Services for an lntelligent Transportation System (lTS) and Smart Parking
System (SPS), for all responsive firms to proceed to Phase ll; and
WHEREAS, on May 8,2017, the Procurement Department issued Phase ll of the RFP
to the short-listed proposers; and
WHEREAS, on August 4, 2017, the City received the technical and price proposals in
responseto Phase ll of the RFP; and
WHEREAS, the Evaluation Committee, appointed by the City Manager via LTC # 512'
2016, convened on August 22,2017 to consider the proposals received under Phase ll; and
WHEREAS, the Evaluation Committee's rankings for Phase ll were as foltows:
(1) TransCore lTS, LLC; and
(2) lteris, lnc.; and
(3) SICE, lnc.; and
WHEREAS, the City's Design-Build-Operate-Maintain contract for the Project provides
for the work to be performed in up to six separate phases, Phase 1 through Phase 6 (each, a
"Phase"), with the deslgn and construction work for each Phase, and the operations and
maintenance work for each Phase, to be authorized separately by the City; the contract further
provides that the contractor shall have no entitlement to perform any work, unless such work is
authorized by the City; and
WHEREAS, the City, working with its Program Manager, Kimley Horn, estimated project
costs of approximately $10.3 million for Phase I and ll (Design, Construction, Operation and
Maintenance), with a total project budget of approximately $14.5 million; however, the Cost
Proposals submitted by the firms range from $14.5 to $26.5 million for Phases I and ll, and
range between $28 and 34 million for the total prolect; and
WHEREAS, based on the funding currently available for the Project and since the cost
proposals received pursuant to the RFP significantly exceed the City's oost estimate for the
project, the Administration recommends the negotiation of a contract award for Phase 1 and
Phase ll of the Project; and
WHEREAS, after reviewing the qualifications of each firm, and having considered the
Evaluation Committee's comments and rankings, the City Manager has recommended that
the Mayor and the City Commission award the contract to TransCore lTS, LLC, as the top-
106
ranked proposer, with such contract subject to and contingent upon the Administration's
successful negotiation of the contract price for the Project; and, should negotiations with
TransCore lTS, LLC not be successful, authorize the Administration to enter into negotiations
with lteris, lnc., as the second highest ranked proposer; and, should negotiations with lteris,
lnc. not be successful, authorize the Administration to enter into negotiations with SICE, lnc.,
as the third highest ranked proposer.
NOW, THEREFORE, BE IT DULY RESOLVED tsY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,, accept the recommendation of the
City Manager to award an agreement, pursuant to Request For Proposals (RFP) No. 2016-199-
KB for Design, Build, Operation, And Maintenance Services for an lntelligent Transportation and
Smart Parking System (the "Project"), to Transcore lts, LLC ("Transcore"), as the top-ranked
proposer, and authorize the Administration to enter into negotiations with Transcore; further,
should the Administration not be successful in negotiating an agreement with Transcore,
authorizing the Administration to enter into negotiations with lteris, inc., as the second highest
ranked proposer; further, should the Administration not be successful in negotiating an
agreement with lteris, inc., authorize the Administration to enter into negotiations with Sice, lnc,,
as the third highest ranked proposer; and further, subject to negotiation of a contract price that
is within the City's budgeted appropriation for Phase I and Phase ll of the Project, authorize the
Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by
the Administration.
PASSED AND ADOPTED this _ day of 2017.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
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Agenda 11sm t7 J K
Date /o - 18 't7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AGCEPTING THE
REGOMMENDATION OF THE NEIGHBORHOOD/GOMMUNITY
AFFAIRS COMMITTEE AT ITS SEPTEMBER 27, 2017 MEETING
APPROVING THE PLACEMENT OF VARIOUS FARAH
SERVTCE URBAN SPORTS EQUTPMENT (USE) AT SOUTH POINTE
PARK, BRITTANY BAY PARK, BANDSHELL PARK (SAND BOWL) AND
THE VENETIAN CAUSEWAY FOR A ONE.YEAR PILOT PERIOD,
CONTINGENT UPON CITY COMMISSION APPROVAL OF THE
LOCATIONS WITHIN THESE SITES.
WHEREAS, at the June 29, 2016 Parks and Recreational Facilities.Advisory Board
meeting, Farah Service presented their Urban Sports Equipment ("USE", formerly known as.EUE") to the board members; and
WHEREAS, USE is sports-use equipment with stretching and fitness functions, equipped
with a panel for sponsorship and information (Exhibit A); and
WHEREAS, the company offered to have this equipment installed at no cost to the City,
and would be responsible for all the required maintenance and replacements; and
WHEREAS, per Farah Service, the cost of the fixtures and maintenance is offset by
sponsorship on the panel and its proposed initial one-year pilot program proposal would not
include sponsorship during year one; and
WHEREAS, the Parks and Recreational Facilities Board unanimously passed a motion to
recommend a pilot program of ten units to be dispersed throughout the City, as the Parks and
Recreation Department sees fit (Exhibit B); and
WHEREAS, at the November 9, 2016 City Commission meeting, a referral to the
Neighborhoods/Community Affairs Committee ("NCAC") was made to discuss the placement of
USE at different locations throughout the City; and
WHEREAS, at the March 1,2017 NCAC meeting, the Committee members directed staff
to work with the Procurement Department to identify other vendors that may be able to provide
the same equipmenUservice; and
WHEREAS, RFI 2017-216-WG (Exhibit C) was publicly noticed for the purpose of
interested parties to submit information on outdoor fitness equipment options, which they
deemed would meet the goals of expanding fitness opportunities on rights-of-way, street ends
and small public spaces; and
WHEREAS, after comparing Farah Service's proposal with submittals received through
the RFI process, City staff recommended to proceed with the USE outdoor fitness equipment
provided by Farah Service; and
WHEREAS, at the June 30, 2017 NCAC meeting, a question came up regarding whether
the proposed equipment and potential sponsorship display board at the parks would be
consistent with Article 7 of the Miami-Dade County Charter (Exhibit D) concerning parks,
aquatic preseryes, and preservation lands; and
WHEREAS, after legal review, it has been determined that such proposals are
consistent with Article 7, Section 7.02, because
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[n]othing in this Article shall prevent . . . the construction, operation, maintenance, and
repair by. . . private operators of . . . the following . . . :
J. Advertising in connection with sponsorship of . . . facilities in the park, provided
however all such facilities and uses are compatible with the particular park . . . .
Section 7.02 ("Restrictions and Exceptions"), Article 7, Miami-Dade County Charter; and
WHEREAS, the NCAC did not make a recommendation regarding this item, but
requested that it be placed on the July 26, 2017 Cily Commission agenda as a discussion item;
and
WHEREAS, at the September 25,2017 City Commission meeting, a referral to NCAC
was made by acclamation to discuss placement of USE outdoor fitness equipment at different
locations throughout the City; and
WHEREAS, at the September 27,2017 NCAC meeting, the Committee discussed and
recommended the placement of various Farah Service Urban Sports Equipment (USE) at South
Pointe Park, Brittany Bay Park, Bandshell Park (Sand Bowl), and the Venetian Causeway,
contingent upon City Commission approval of the locations within these sites; and
WHEREAS, during the one-year pilot program, no sponsorship will be allowed and after
the tenth month of the pilot program, the Administration will provide the City Commission with an
analysis and recommendation as to the program's success; and
WHEREAS, should the program be approved and continue beyond one year, any
sponsorship signage will be subject to Planning Board and City Commission approvals.
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 Neighborhoods/Community Affairs
Committee at its September 27, 2017 meeting and approve the placement of various Farah
Service Urban Sports Equipment (USE) at South Pointe Park, Brittany Bay Park, Bandshell
Park (Sand Bowl), and the Venetian Causeway for a one-year period, subject to City
Commission approval of the locations within these sites.
PASSED and ADOPTED this 18th day of October,2017.
ATTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk FORM &
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Agendaltem R1L
Date ta'18 - 11
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/GOMMUNITY
AFFAIRS CCIMII,:ITTEE AT ITS $EPTEIUIBER TT, 2017 MEETING AND
APPROVING, IN CONCEPT, THE GREATION OF A TEMPORARY
SKATE FARK AT THE WEST LOT LOCATED NORTH CIF 82ND
srREET, SUBJECT TO FURTHER GITY COMMISSION APpROVAL(S!.
WHEREA$, at the September ?5,2A17 City Conrmission meeting, a discussion was held
to consider the installation of a temporary skate park in the Cit$ and
WHEREA$, the Committee members discussed several North Beach locations and the
item was referred to the next Neighborhood/Community Affairs Committee (NCAC) for further
discussion; and
WHEREAS, at the September ?7, ?Afi NCAC meeting, the different locations for a
temporary skate park were discussed with the recommendation approving the creation of a
temiorary skate park at the Wesi Lot located North of 82nd Street, a$ $houv on Exhibit A.
WHEREAS, the Parks and Recreation Department has been working with the Procurement
Department on a Request for lnformation (RFl), which will be advertised specifically for the
construction of a temporary skate park of approximately a minimum of 7,500 sq. ft., requesting
information based on a $75,000 maximum budget, criteria includes:
. Concrete slabbing. Various pieces of skate park equipment. 6 ft. high vinyl coated chain link perimeter fencing with a pedestrian gate and a
maintenance gater Connecting walkway from the existing sidewalk to the skate park; and
ITVHEREAS, if the RFI is successful, the City will be responsible for purchases benches and
trashirecycle receptacles and landscaping and it was also mentioned in the RFI that the City's
target opening of the skate park is December 2017; and
WHEREAS, the Administration will present the RFI responses at the Tuesday, October 31,
2017 Special City Commission meeting.
NOW, THEREFORE, B: IT DULY RESOLVED BY THE MAYOR ,AND CITY
COMMI$$ION OF THE CITY OF MIAMI BEACH, FLORIOA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhoodl0ommunity Affairs
Committee at its September 27, 2A17 meeting and approve, in concept, the creation of a
temporary skate park at the West Lot located North of 82nd Street, subject to further City
Commission approval(s).
PASSED and ADOPTED this 18th day of October, h}fi.
ATTEST:
APPROVED AS IO
FORM A LANGUAGERafael E. Granado. Cig Clerk
Philip Levine, Mayor
CityAttorney
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MIAMIBEACH
City of lVliomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Comrnission
FROM: RaulAguila, CityAttorn "nq%
DATE: October 18,2017
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT:
1. Juanita Alonso. and Susana Arrua v. Citv of Miami Beach. Florida. A Municipal
Case No. 2017-O19545-CA-01 (Circuit Court - 11
Dade County, Florida)
Plaintiffs are alleging injuries sustained from a Christmas light around the iconic
"Welcome to Miami Beach" sign falling they were taking pictures next to or under the
sign at the lntersection of l-95 (SR-907) aU or near Alton Road, in Miami Beach, Florida
on or about January 8,2017. We shall file our answers and propound discovery. lt does
not appear that the plaintiffs provided pre-suit notice letters pursuant to Fla. Stat. 768.28,
consequently, we have asserted failure to provide pre-suit notice letters from the
plaintiffs as an afflrmative defense.
F
al., Case No. 17-13932 CA 02 (Circuit Court -
Dade County, Florida)
Judicial Circuit in and for Miami-
This is an action to foreclose a mortgage on real property located at 7734 Abbott
Avenue, Unit 102, Miami Beach, Florida. The Summons and Amended Verifled
Complaint were served on the City on August 29,2017.
The City's Answer and Affirmative Defense was filed on August 30,2017
Miami
# 2A17-021149 CA
County).
Court - 1'1t' Judicial Circuit in and for Miami-
The City was served with this complaint on September 19, 2Q17 alleging that on
Decernber 2,2016, Liliam J. Mena, an employee of the City of Miami Beach, operated a
motor vehicle owned by the City of Miami Beach on 10h Street at the intersection of
Alton Road, Miami Beach, Florida in a negligent manner resulting in a collision with the
Plaintiff, Juan Jaime Cacho Abanto, who was operated a moped directly behind the City
vehicle resulting in injury to the plaintiff. The plaintffi is also suing for loss of consortium
for his wife, Edith Pilar Cabrera. We shall file our answer and propound discovery to the
plaintiff.
Juanita Alonso. and Susana Arrua v. Citv of Miami Beach, Florida. A Municipal
Agenda ltem h lCI B
Date i0-i8-tl
Judicial Circuit and for Miami-
2.
Case
Dade
3.
113
4
5.
Ryan Lee Scott Y. Citv of Miami Beach., Case No. 17-20853-CA-01 (Circuit Court - 11th
Judicial Circuit in and for Miami- Dade County).
Plaintiff sued the city alleging that he was discriminated against due to his disability. The
city attorney's office will vigorously defend this claim.
Bernard Williams v. Citv of Miami Beach, Case #2A16-26475 CA 01 (Circuit Court * 11th
Judicial Circuit in and for Miami- Dade County).
The City was served with this complaint on October 4, 2017 alleging that on May 26,
2013, the plaintiff, Bemard Williams, was in his vehicle driving southbound on
Washington Avenue in Miami Beach in heavy traffic playing his music loud and was told
to turn it down, but inadvertently increased the volume when he was punched and
beaten by co-defendant CMB officers. He is suing the City and the co-defendant officers
for false arrest and use of excessive force. The City was not served with the summons
and complaint within 120 days of the filing of the complaint;therefore, we shall be filing a
motion to dismiss for improper and ineffective service. The complaint was filed on 10-
21 -16 and the City was served almost a year later on 104-17.
Citv of Miami Beach v. Michelle Patrick Hqrris, Case No. 17-01395 BKC-LMI (United
States Bankruptcy Court - Southem District of Florida)
This is an action in which the City is objecting to the dischargeability of a debt owed by
Michelle Patrick Harris under the following theories: fraud, embezzlement, larceny, and
willful and malicious conduct in her former position as systems administrator for the
Miami Beach Police Department.
The adversary action was filed on October 4,2017.
Cv. ln Case No. 17-21457 CA 58
(Circuit Court - 11" Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1230 Stillwater
Drive, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on October 5,2017.
The City's Answer and Affirmative Defense will be timely filed-
Citibank. N.A. v. Carlos,garcia et, al., Case No. 16-33272 CA 21(Circuit Court - 11th
Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 6885 Byron Avenue,
Miami Beach, Florida. The Summons and Complaint were served on the City on October
5,2A17.
The City's Answer and Affirmative Defense will be timely filed.
b-
7.
8.
RA/EBIRR/SR/lr
F'\ATTO\AAOFF\AAOFRFILE.#S\201 7\Status Report CAO 1 0 1 81 7.docx
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