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