Professional Documents
Culture Documents
(d) Design & Operational Plan...........................................2 i. U.S. Army Corps of Engineers (Corps)........................15
ii. Florida Department of Environmental Protection.........15
(e) Resiliency and Environmental Considerations......2
iii. Miami-Dade County.....................................................16
i. Continued operation during minor storms and
future king tides which are expected to be 4 7. PROJECT PLAN........................................................ 21
above sea level in 30 years............................................3
(a) Narrative Description of the
ii. Rapid recovery from storm-surge flooding Proposed Project Plan................................................... 21
(100-year surges expected at 11 above
i. Introduction..................................................................... 21
sea level in 2 years).........................................................3
ii. Design Intent Statement................................................. 21
iii. Water Efficiency...............................................................3
iii. Marina and Dry Storage...............................................22
iv. Building Environmental Strategies..................................3
iv. Restaurant.......................................................................23
(f) Public Benefits and Local Participation.....................4
v. Retail and Ships Store...................................................23
4. VISION, GOALS, AND OBJECTIVES vi. Dock Masters Office.....................................................23
OF PROPOSED PROJECT............................................ 7 (b) Site Program Analysis...................................................23
(a) Goals and Objectives......................................................7 i. Parking Solutions............................................................23
ii. Signage and Wayfinding Plan.....................................24
5. COMMUNITY BENEFITS............................................. 9
iii. Sewage and Pollution Control Plan..............................24
(a) Benefits Received by the Public...................................9
iv. Storm Water Management and Hurricane Plan.........24
i. Benefits Broad Set of Community Members..................9
v. Additional Overall Site Infrastructure
ii. Benefits Directly Respond to Needs Improvements, Including Fire Safety............................25
Affirmed by Community in Public Forums......................9
vi. Pedestrian, Community and Special Needs Access...25
iii. Benefits Offered Have Significant
vii. Water Transportation Initiative......................................26
Financial Value.................................................................9
viii. Lighting Plan...................................................................26
iv. Benefits Offered Long-Term...........................................10
(c) Conceptual Renderings and Elevations Of Overall
(b) Participation of Firms and Contractors Site As Well As From Within The Project.................26
that Maintain a Local Office........................................10
(d) Proposed Project Site Plan..........................................26
i. Firm Maintains an Active and
Established Local Office................................................10 (e) Wet Slip Configuration................................................. 53
9. MARKET AND ECONOMIC FEASIBILITY..................... 73 iii. Fishing Tournaments - Miami Billfish Tournament..... 107
ii. Revenue and Operating Expense Analysis (j) Financial Institution Evidence of Financial
Based Upon Development Schedule........................... 74 Wherewithal/Financing............................................ 107
(k) Project Team................................................................... 108
10. FINANCIAL FEASIBILITY........................................... 82
(a) Projected Stabilized Operating revenues.............82 14. PROPOSAL ATTACHMENTS - REFER TO VOLUME 2
(c) Phase Net Operating Income.....................................82 (b) RFP Registration Form & Fee - APPENDIX 2
(c) RFP Submission Form - APPENDIX 3
11. FINANCIAL PLAN.................................................... 88 (d) Business and Financial References - APPENDIX 3
(a) Financing Plan................................................................. 88 (e) Proposers Organizational History/
(b) Infrastructure Cost Estimate....................................... 88 Structure and Chart - APPENDIX 3
(c) On-Going Capital Infrastructure Costs.................. 88 (f) Business Team Qualifications and
Resumes - APPENDIX 4
(d) Operation and Maintenance......................................89
(g) Development/Project Team
12. FINAL RETURN TO THE CITY..................................... 90 Qualifications and Resumes - APPENDIX 5
(a) Financial Return to the City Including (h) Certifications - APPENDIX 6
Base Rent and Participation Rent............................ 90 (i) Disclosure/Disclaimer - APPENDIX 7
(b) Base Rent........................................................................... 90 (j) Consent Forms - APPENDIX 9
(c) Percentage Rent............................................................. 90 (k) Integrity & Non-Collusion Affidavit - APPENDIX 10
i. Commercial Facilities.................................................... 90 (l) Redlined Lease Agreement
ii. Marina Revenue............................................................ 90 (m) Additional Information
iii. Fuel Sales....................................................................... 90
(d) Non-Financial Benefits................................................. 90
i. Job Creation and Hiring............................................... 90
ii. Compliance with the Virginia Key Master Plan
Environmental Enhancement, Resiliency
and Sustainability......................................................... 90
3.
SUMMARY
EXECUTIVE
VIRGINIA KEY
HARBOUR & MARINE CENTER
3. EXECUTIVE SUMMARY
(a) The Proposer operates 43 marinas containing approximately 15,120 boat slips
Virginia Key, LLC, a Florida Limited Liability Company, (VKLLC with a current estimated value of $600 Million including 14 marinas
or the Proposer), the VKLLC, submits this response to the Virginia in Florida. Suntex is led by a management team with over 100
Key Marina RFP NO. 16-17-011 (the RFP) for the creation years combined experience investing in, acquiring and operating
of the Virginia Key Harbour & Marine Center to capitalize marinas. Suntex currently employs 60 people in its corporate office
on the sites underutilized but prime waterfront location as and approximately 1200 on-site at its marinas in peak seasons.
an ideal place to centralize and expand Miamis access to
the waterfront and boating activity. (Response). Virginia (c) Financials & Proposed Revenues
Key LLC is a joint venture of the RCI group ( RCI), In just the first 15 years of the Lease VKLLC projects it will
who principals are Robert W. Christoph and Robert pay the City $60,479,022 in rent plus approximately
W. Christoph, Jr. and Suntex Marinas (Suntex) $5,962,971 in property taxes. Over the life of the
whose principals are Bryan Redmond, Chris Petty, Lease, VKLLC projects that it will pay the City more
David Filler and John Powers. than $909,391,991 in rent. In addition, it will pay
$88,340,602 more in property taxes to the City
(b) Overall Experience and Qualifications for a combined direct financial benefit to the City of
These two companies are the largest and most sophisticated $999,732,593 -- a Billion dollars!
waterfront and marina developers, operators, and owners in the
country. Together RCI Group and Suntex Marinas bring more than The VKLLC will invest more than $80 million in the creation of this
150 years of combined experience in redeveloping, operating and world class facility for the City. This substantial capital investment
managing public and private, multi-use marina locations in urban will provide the largest return to the City through maximizing the
areas throughout the East Coast and the Mid-West. The combined creation of a total of 162 wet slips and 750 dry slips. The slip mix
value of the marina and upland real estate assets owned and or has also been designed to include approximately 94 wet slips for
operated by RCI and Suntex approaches $1 Billion. Together yachts 60 feet and larger, the most underserved part of the marine
they own and/or operate 17 marinas in Florida alone community today. These large slips will enhance the revenue
with a combined total of 2148 wet slips and 1480 dry generation potential for the City and the dry storage facility will be
storage slips. Ten of these facilities are located in South Florida able to handle vessels up to 60 feet in length. Therefore the VKLLC
stretching from Palm Beach to Homestead. Nationwide their Project is designed to serve all segments of the boating community
existing combined portfolios expand to 47 marinas with 12,416 further enhancing the revenue potential of the Property.
wet slips and 5072 dry storage slips in 15 states as illustrated on
The VKLLC will pay the City its requested annual guaranteed
the map below.
minimum base rent of $2,150,000 (Base Rent). Furthermore,
RCI Group is widely regarded as a leader on the Eastern VKLLC proposes to increase the base rent annually after the first
Seaboard of the United States for providing a full, first class anniversary by not less than 3% of the previous years
array of real estate services and specializes in creating unique, Base Rent, or an increase based on the amount indicated by
multidimensional, marine related, mixed use waterfront the Consumer Price Index as of (3) months prior to the beginning
developments. RCI Group also possesses significant experience in of the applicable adjustment date up to a maximum of 5%. This
revitalizing major underdeveloped areas that are both publically base rent is greater than the minimum rent required by
and privately owned. RCI Group currently owns and operates the RFP.
three marinas in Florida, including Miami Beach Marina and the
In addition, the VKLLC will pay a Percentage Rent of gross revenues
Bahia Mar Yachting Center in Ft Lauderdale. With over fifty years
equal to (6%) of wet slip and dry storage operations,
of experience in property development and management, RCI
(6%) of fuel sales, and (6%) sublease income or other
is ready to continue making its mark on the marine industry and
income received from the use of the Property, and any other
to redevelop this uniquely situated Property into a more vibrant
proposed lease payments. This exceeds the minimum
recreational marina and premiere waterfront restaurant destination.
percentage rent required by the RFP. Furthermore, the
Suntex is a leading owner, operator and developer of high-quality VKLLC commits to adhere to the City Charter requirement to pay
coastal and inland marina properties located throughout the the City not less than fair market value for the lease.
United States. Suntex and its predecessor companies have been
Due to the size of the VKLLCs investment and the resulting project
in the marina business since 1995. Currently, Suntex owns and /or
program that is designed to enhance the Citys revenue potential,
Virginia Key Marina | RFP No. 16-17-011 Page 1
3. EXECUTIVE SUMMARY
the combined rents paid to the City are projected to grow from storage facility will begin at an elevation of 20+ feet
initial payments of $2,588,000 in year 1, to $ 3,930,112 in year above sea level, while keeping the design height of
6, the first year of stabilized operation; to $4,392,980 in year 10; approximately 65 feet--below the height of the adjacent
to $ 5,054,707 in year 15 and $5,859,791 in year 20. Historic Marine Stadium. Perhaps as importantly, this design
eliminates the need for a six-story parking garage intruding along
(d) Design & Operational Plan the Rickenbacker Causeway.
The Virginia Key Harbour & Marine Center has been
planned and designed to meet and exceed all of the We look forward to working with the City and the Rusty Pelican in
requirements of the RFP and to be consistent with the planning and specifications for the parking facilities. Our Team
the Virginia Key Master Plan principles. The VKLLC will work diligently with the MPA and the City to insure that parking
Project will be developed into a world class, state-of-the-art, is available to the public as required in the RFP. We acknowledge
mixed-use waterfront marine center. The VKLLC has assembled that the city will own the parking facilities and the MPA will be
a remarkable Project Team for this Project. The Project Team is responsible for the management and supervision of the parking
led by world renowned, design firm Arquitectonica, which has facilities. We look forward to working with the City and the MPA
its corporate headquarters in Miami. As shown on the plans, to establish an appropriate parking program that will respect
the Project is designed to be resilient, sustainable, the requirements of the RFP and the Leases while responding to
environmentally sensitive and green. The Project the needs of the tenants and users of the project. Our goal is to
will create a Marina Village inspired image compatible provide free parking to all of our patrons, subject to the conditions
with the adjacent Marine Stadium yet with a modern mentioned above and reaching an appropriate agreement with
waterfront aesthetic. By avoiding the typical sea of parking the MPA and the City. As free parking has been a normal part of
associated with traditional marinas, the Projects design will create all successful marina/restaurant/retail facilities in the City and in
a new standard of excellence for marine facilities in Miami-Dade Miami-Dade County.
County (County), Florida and beyond. Virginia Key Harbour &
Marine Center will become a true user friendly marine center for The Project Team has designed and will renovate, develop, lease,
all segments of the public and the boating community. As part manage, and operate a true mixed-use resilient and sustainable
of its sustainable and green design the world class waterfront facility that will include, complete renovation and
design team has been coupled with the most state-of- replacement of the existing wet slip marina, boat services, a dock
the-art flexible and efficient Aero-Docks automated masters office, a ships store, dry storage, launching docks, fuel
dry storage system. The user experience will be enhanced by stations, two restaurants and approximately 30,000 SF of small
the automated process of storing vessels, and these operations will scale marine-related retail/commercial space. VKLLC and its
create a unique and fascinating marine-oriented spectacle that can members have consistently excelled at transforming government-
be appreciated by customers and public users alike. Importantly, owned marine facilities into modern, world class facilities using
the design and automated systems will facilitate the creation state-of-the-art technology and premium design that is harmonious
of thousands of feet of uninterrupted public baywalk along the with the setting and geographical location of the facilities. VKLLC is
entire waterfront by eliminating the need to interrupt the shoreline committed to protecting the environmental assets and history of the
with dry stack launch facilities - something that has never been site. Virginia Key Harbour & Marine Center will be no different.
achieved before. VKLLC and its members and principals have a successful track
record in developing and operating facilities that offer an array of
In addition, VKLLC will provide all of the required parking recreational waterfront amenities and waterfront programming that
for the Project and the citys obligation to the Rusty respond to and attract all of the varied segments and stake holders
Pelican, utilizing only the contributions from the Rusty Pelican of the local, regional, and visitor population. With extensive
instead of requiring a substantial public investment by the Miami experience in developing and operating all of the required and
Parking Authority (MPA). This is approach is made possible proposed uses of the Project, VKLLC will bring its combined
by an innovative sustainable and resilient design that extraordinary expertise to bear in developing and operating the
raises the dry storage facility not only above FEMA 100 Project for the City.
year base flood elevation, but the design accounts for
projected sea level rise and the associated higher storm (e) Resiliency and Environmental Considerations
surge elevations. This resilient design approach allows The VKLLC Project Team has designed Virginia Key Harbour &
for the creation of two full layers of parking under the Marine Center to be resilient and sustainable. Among the many
such elements and strategies incorporated into the design are VKLLC will advance the state of the art in sustainable marina design
summarized as follows: at Virginia Key Harbour and Marine Center, through an integrated
i. Continued operation during minor storms and design approach, sustainability and environmental enhancement
future king tides which are expected to be 4 has been and will be a key consideration throughout the design
above sea level in 30 years: process, with all elements considered as part of broader systems
a. All access, parking, and boating activities operate at 6 that work together to take best advantage of all opportunities.
above sea level. Particular environmentally sensitive and sustainable design systems
b. Critical access points are located at 6 above sea level. will include:
c. Green infrastructure components such as storm-water
retention areas are designed to handle and treat iii. Water Efficiency
stormwater will not be reliant on outfalls to the bay. Planting will require little or no irrigation after establishment,
d. All planting on-site will be salt tolerant including tolerance (vines on facades may require irrigation
for limited periods of inundation. High efficiency plumbing fixtures will reduce water use.
e. All docks and wet-slips are designed to withstand Cisterns will capture rainwater for re-use in boat rinsing and
Category 3 storms. irrigation.
f. On-site back-up power will allow continued operation Boat rinsing collection systems in the dry storage building will
during power outages. treat and be equipped with storage tanks for re-use in the
g. On-site solar power will minimize reliance on generators. rinsing system
Smart metering will be installed in domestic water services
ii. Rapid recovery from storm-surge flooding on utility pedestals in the wet slips to facilitate water leakage
(100-year surges expected at 11 above sea detection.
level in 2 years):
a. Entire ground floor of the dry storage building and iv. Building Environmental Strategies
adjacent restaurants allow flood water to flow through 1. Energy
and around structures in accordance with FEMA coastal Energy-star appliances, high efficiency lighting, and air-
construction guidelines. conditioning will reduce demand
b. All new retail floors and infrastructure in the dry storage Electric boat storage elevators are extremely efficient
building will be at 12 above existing sea level. compared to alternative systems
c. With minimal installation of flood barriers, all dry storage Rooftop solar will produce up to 2.3 mWh of electricity, likely
building and restaurant construction is protected to 15.5 exceeding demand for the entire site
above sea level Building circulation is exterior to minimize air-conditioned
d. Dry Storage boat handling equipment is 20+ above sea volume
level Extensive overhangs will shade buildings, pedestrians, and
e. Restaurant is 17 above sea level. diners
f. Vertical boat launching facilities minimize infrastructure 2. Building Materials
vulnerable to flooding. Locally obtained materials will make up the bulk of
g. Site is designed to channel storm-water runoff to low-lying construction materials
wetlands for proper treatment. Buildings will be constructed for long-term durability
VKLLC is aware of the impact each individual project Green walls consisting of low-maintenance vines will screen
and building has on the environment and is committed facades from heat and wind driven rain
to do its part to contribute to a cleaner environment Site work cut and fill will be balanced to minimize movement
and to protect and enhance the waterfront and existing of material
environmental resources on site. The VKLLC Project Team is Construction waste will be managed and recycled
experienced with green design strategies and LEED requirements
3. Indoor Environment
and will utilize them to guide the development process by meeting
Operable windows will allow air circulation
or exceeding LEED ratings and simply emphasizing Green
Shallow buildings and tall windows allow daylight into all
Awareness at the site.
interior spaces
Natural ventilation will control climate in the garage and dry (f) Public Benefits and Local Participation
storage facility In addition to financial and aesthetic improvements and in
response to the groundwork created by the Virginia Key Master
Specifics about rooftop resources
Plan, the Project will return and enhance public access to the
4. Rooftop Solar Potential waterfront.Where there is virtually no public access
The Project is planned to accommodate solar panels, and the today, approximately 2,600 linear feet of continuous,
following is a summary of this approach: landscaped baywalk will hug the waters edge for
4,933 industry standard 77 x 39 340 watt PV Panels. pedestrians, runners and bikers, becoming the Projects
1,412 kWh output, (1,677 kWh - 12.3% system loss (96% primary and largest amenity.
inverter efficiency).
The baywalk will enhance connectivity to the planned historic
5.27 Solar hours/ day average.
renovation of Marine Stadium along with the planned Flex Park
2.3 mWh Annual Production1.
improvements. The Project is also designed for connectivity with
Potential output would likely greatly exceed building
the adjacent Rickenbacker Causeway to facilitate access for
demand2.
beach goers and other recreationists that utilize this waterfront
Equivalent to 180+ households per FPL numbers.
area along the causeway on a daily basis. The Rickenbacker
1 Numbers confirmed by Dustin Thayer of Sunconnect Causeway is heavily utilized by cycling enthusiasts, and the Project
USA (Naples, FL) and Scott McIntyre of Solar Energy will be designed to improve the intersections and for access to the
Management, (St. Petersburg, FL). adjacent bike trail.
2 VKLLC is evaluating the potential for and economic Further public benefits, include the creation of
feasibility of solar power but the final determination will approximately 1,280 local jobs over the life of the
depend upon Florida Power and Lights cooperation project with a goal of 30% recruitment and utilization for
receptiveness to the installation. work to be performed by minority and disadvantaged
individuals and groups.
5. Rooftop Rainwater Collection Potential
The roof will be designed to collect runoff into roof leaders for Marina Operation (show the information on the boat lift, kayak
discharge into cistern(s). The following is a summary of this docks, as well as a plan showing boat travel lanes, water taxi, boat
approach: show access compliance).
188,990 sq ft of roof x 90% collection efficiency x 58.97
VKLLC is very much a local Miami-Dade County team.
median annual rainfall = 6,255,138 Gallons.
Three of the Principals - Robert W Christoph, Sr., Robert W
Total water collected and used will depend on demand1:
Christoph, Jr. and David Filler are Miami-Dade county residents.
- Boat rinsing will be the primary use. The Christophs both reside on Miami Beach, but are well known to
- Make-up water for cooling towers/chillers. the City of Miami through developing, owning and operating River
- Irrigation. Cover Marina at 2000 SW North River Drive on the Miami River.
- Flushing of toilets. The Christoph family also redeveloped, owned and operated the
Mangroves and other native trees will be preserved on-site. Bayshore Landing Marina and Montys in the Grove for more than
1 Storage capacity related to demand will determine how 10 years pursuant to a lease with the City of Miami.
much of the total will be utilized.
David Filler is a 16 year resident of the City residing on Biscayne
v. Florida Clean Marina Program Compliance Island since 2001.
Additionally, design of the marina facilities will incorporate
strategies to achieve Florida Clean Marine Program designation. The lead consultants for VKLLC are Arquitectonica (architecture)
The operational staff at Virginia Key Harbour & Marine Center and ArquitectonicaGEO (landscape architecture), and these
will monitor the activities of boaters in and around the boat basin, firms have their world headquarters in the City of Miami. The
firms founding principals, Bernardo Fort-Brescia and Laurinda
and provide clear expectations in terms of safe boat handling
Spear, are City residents. An extensive portion of the planning
and boater requirements necessary to comply with Florida Clean and design work for this Project will be completed at their
Marina requirements, such as boat maintenance procedures, no Miami office by local staff. The lead engineering consultant
dumping requirements, etc. for VKLLC, Moffatt & Nichol, has an established office in the
Virginia Key Marina | RFP No. 16-17-011 Page 4
3. EXECUTIVE SUMMARY
City of Miami. Ms. Christy Brush is a resident of the City,
and similar to Arquitectonica, an extensive amount of the
environmental permitting and engineering design for the
Project will be completed by staff based in their Miami office.
Legal support for VKLLC will be provided by Bilzin Sumberg
with their established office on Brickell Avenue in the City.
The vision for Virginia Key Harbour & Marine Center is to create a 4. Attract marine professionals and boating enthusiasts,
full-service marine destination capable of meeting all of the needs including paddlers and rowers to the City and encourage
of the public that is necessary to increase public access to the new marine-related businesses to relocate to the City.
water and for a successful multi-dimensional marine experience.
This will encompass small scale marine oriented retail, 5. Invest sufficient capital to efficiently develop and
casual and upscale dining establishments, as well as a manage the modernization and complete renovation
fully renovated sustainably designed wet slip marina, of the existing marina in the water and new state of the
a state-of-the-art automated boat storage system, and art automated dry stack storage to replace the existing
maintenance and repair services to serve the on- site outmoded and inadequate facilities in order to help
vessels all in keeping with the Virginia Key Master Plan secure its place as a world-class facility and one of the
Policies. The Virginia Key Harbour & Marine Center will address premiere marine facilities in South Florida. To increase
the needs of all sectors of the boating public including the rowing, financial return to the City, improve revenue-producing
paddling and boating communities. As it has done in the past in capacity of facilities; ensure that any proposed ancillary
other locations, VKLLC will take this centrally-located, gateway or complementary uses further enhance the destination
property, and add architectural and technological improvements market appeal; and overall utilize the available Property
that will make the Property the home of City boaters and make to maximize its economic potential now and in the future.
it the marine capital of Miami-Dade County. VKLLC respects the 6. Sustain and revitalize a historic, underutilized waterfront
distinguished natural and cultural history of Virginia Key and will site and maximize its potential and to preserve critical
use the redevelopment of the Property as a tool to provide the and sensitive wildlife areas. Make the Project resilient and
public continuous waterfront access and a better way to engage sustainable relative to projected sea level rise, predicted
with the site and its history, thus preserving and opening up public storm surges and to be able to respond to boating
use of the water and waterfront for future generations. industry changes over the life of the project. Meet or
Through its development of the Project, VKLLC will stimulate exceed all industry standards for sustainability through
widespread interest in this underutilized, but highly valuable LEED inspired Green Design initiatives. Explore and
waterfront property with compatible uses that will maximize site wherever feasible incorporate the use of solar power
utilization and generate significant financial returns for the City. and generation for project needs and potentially other
Importantly, the VKLLC Project will return and enhance public city users on Virginia Key.
access to the waterfront over thousands of linear feet of public 7. Create and market a more positive image of Virginia Key
baywalk, where there is almost no public access today, even and the Property in order to attract outside investment,
though the lands are publically owned. enhance the Citys waterfront potential, provide more
(a) Goals and Objectives jobs, and expand the publics access to this remarkable
location.
1. Establish the Virginia Key Harbour & Marine Center as
an economic and recreational center that offers diverse 8. Inspire the increased use of waterfront and participation
groups of people and marine users quality boating and in marine-related activities by all segments of the
waterfront and marine-related experiences. population.
2. Develop a pedestrian-friendly campus with direct In keeping with the RFP and the Virginia Key Master Plan the VKLLC
access to extensive baywalk systems and an atmosphere Project will improve the economic potential of the existing Property
and uses that encourage a vast array of activities and increase the financial return to the City by improving the revenue
accommodating the needs of the numerous different producing capacity of the marina and dry stack, restaurant, water-
stakeholders and users during the day and after working related retail and ships store facilities and bringing the public to the
hours with the Virginia Key Master Plan as a guideline for site to enjoy its many attributes.
the improvements.
BENEFITS
COMMUNITY
HARBOUR & MARINE CENTER
5. COMMUNITY BENEFITS
(a) Benefits Received by the Public ii. Benefits Directly Respond to Needs Affirmed by
i. Benefits Broad Set of Community Members Community in Public Forums
As shown on the attached plans and renderings in Tab VII, the
Project will return and enhance public access to the waterfront The Project directly responds to the needs affirmed by
over thousands of linear feet of public bay walk, where there is the community in public forums by consistently and
almost no public access today even though the lands have been substantially adhering to the Virginia Key Master Plan
publicly owned for decades. The primary and largest single principles and goals. VKLLC has already engaged in dialogs
public amenity will be the continuous baywalk which with the rowing and paddling communities and will continue to do
will cover approximately 2,600 linear feet. With the so through project permitting and final design and implementation.
Cooperation of the Rusty Pelican and the City, VKLLC will provide a The VKLLC Project has been specifically designed to minimize
continuous, landscaped baywalk along the entire existing marina interference with the existing rowing and paddling activities in the
basin and public access to the water for pedestrians as well as historic Marine Stadium Basin by providing marked channels for
facilities for bikers, paddlers and rowers. Public access will also entrance and exit to the basin and launch facilities for the dry stack
be provided through a newly renovated and improved public boat users and others. Dry stack launch/retrieval operations will be in the
ramp and floating dock that VKLLC will plan, design, permit, and existing staging area currently utilized by Marine Stadium Marina.
construct to the northeast of the Property and west of the Miami In fact, the launch facility docks located along the shoreline of the
Marine Stadium. basin and the elevated baywalk sections will provide wonderful
viewing areas to watch the paddling and rowing events that
The baywalk will be well-lit with high-efficiency fixtures that provide have never existed before. The retail mix is intended to include
safe lighting levels without obstructing pedestrian views, providing retailers that serve the paddling, sailing and rowing communities
the public with access and vistas of the spectacular waterfront and conveniently located near the eastern end of the property closest
downtown Miami skyline. The baywalk will provide a continuity to the boat ramp and the eastern side of the staging floating docks
of public access connecting to upland restaurants, retail stores, to facilitate their access to the water in the safest location possible.
and parking, and providing uninterrupted pedestrian circulation
and recreation though out the Property. This public baywalk will The VKLLC Project directly responds to the needs affirmed by
enhance connectivity to the adjacent Marine Stadium and planned the community in public forums by incorporating environmental
Flex Park. considerations into the Project design listed in subsection C I below.
The Project will be a state-of-the-art marine facility The VKLLC Project directly responds to the needs affirmed by
unlike anything that is offered in the Miami-Dade or the community in public forums by incorporating resiliency and
even the Florida market. The Proposed Project will provide sustainability considerations listed in Subsection C ii below.
a full-service, conveniently located and expertly operated marine iii. Benefits Offered that Have Significant
destination that is capable of providing the general public and boat Financial Value
owners and all segments of the boating public complete access to The VKLLC Project includes numerous significant public benefits
Biscayne Bay and beyond. Boaters and visitors will be able to meet that will be designed, permitted and constructed by VKLLC at
and enjoy all the necessary requirements that ensure a complete, its sole cost and expense among these is: 2600+ foot long the
satisfying waterfront experience. continuous baywalk at an estimated cost of more than $1.7 M;
The Projects design will enhance pedestrian and civic life and the incorporation of resiliency measures to ensure the
increase the overall public benefit derived from the Property. From long viability of the Project, including but not limited
a boaters perspective, the state-of-the-art design of the dry stack to, raising the all of the retail restaurant and office uses
storage facility will provide safe and ample storage and staging above projected flood levels based upon sea level rise;
areas and a user-friendly lift system that functions with ease and and further raising the entire dry boat storage above
efficiency. VKLLC will even provide a user app for smart phones so even the projected storm surge levels by placing the
that boaters can schedule their launch times in advance to minimize facility at 20+ feet above sea level; the use of salt tolerant
delays and queuing both upon launch and return. native species; the intended incorporation of Solar panels that
have the potential to save millions of dollars over the life of the
project. Last but certainly not least, VKLLC has projected that it will
pay the City combined rent and real estate taxes of $66,434,993
in just the first 15 years and $999,732,593 -- a billion dollars over construction of the Project. In the event that VKLLC cannot meet
the life of the Lease. the required twenty-five percent (25%) of workforce from City
residents, VKLLC will document and demonstrate to the City that it
iv. Benefits Offered Long-Term utilized best efforts to achieve this goal. Upon direction from the
Each of the benefits listed above and below provides long term City, VKLLC will achieve the portion of the percentage not met from
benefits to the City and the public over the entire 75 year life of the City, through Miami-Dade County residents. VKLLC will have a
the Project. third party independently verify and certify compliance with these
requirements on a monthly basis. VKLLC intends to contract with
(b) Participation of Firms and Contractors
Evonne Garth and Garth Solutions who and is properly licensed
that Maintain a Local Office
under the provisions of Florida Statute Chapter 454, 471, 473,
i. Firm Maintains an Active and Established Local or 481, and has a minimum of two (2) years of prior professional
Office experience in contract compliance, auditing, personnel
VKLLCs principals each have direct long term ties to administration, or field experience in payroll enforcement or
and operations in Miami-Dade County and the City of investigative environment. The cost of this verification/certification
Miami. The Christophs currently own and operate the River Cove is included in the related contract costs.
Marina on the Miami River and maintain the office at that location.
iii. Hiring of Minority and Disadvantaged Groups
For more than 10 years they owned the leasehold from the City and
The Project program contains a very strong commitment to the goal
operated Bayshore Landing in Coconut Grove including owning
of 30% recruitment and utilization for the overall project costs for
and operating the Montys In the Grove restaurant. During their
work to be performed by minority and disadvantaged individuals
ownership they invested heavily in and completely renovated and
and groups. Yvonne Garth of Garth Solutions has extensive
repositioned the property taking it from a non-performing asset to
experience providing recruitment and training to assist in achieving
a highly successful property. In anticipation, of and preparation for
these goals. Through extensive studies of jobs created as a result
responding to the Virginia Key RFPs they sold the leasehold in 2015.
of marina and mixed use developments based on our experience,
Similarly, David Filler, one of Suntexs principals, is a long time City
and through extensive studies based upon independent economic
of Miami Resident having lived on Biscayne Island since 2001.
analysis from consultants including Dr. Michael Evans, PHD from
The principals of VKLLC are excited at the prospect of re-opening a Boca Raton, FL who is an expert in job and economic forecasting
new office in the City on Virginia Key as soon as they are selected of mixed use projects including marinas similar to what we are
and gain access to the Property. proposing at the Virginia Key Harbour & Marine Center, VKLLC
expects this project would result in the creation of the following jobs
The lead consultant for VKLLC is Arquitectonica, and this firm has throughout the life of the Project:
its world headquarters in the City of Miami. The firms founding
principals, Bernardo Fort Brescia and Laurinda Spears, are City MARINA RESTAURANT TOTAL JOBS
residents. An extensive portion of the planning and design work for CONSTRUCTION 460 123 483
this Project will be completed at their Miami office by local staff. DIRECT 134 232 366
The lead engineering consultant for VKLLC, Moffatt & Nichol, has INDIRECT 158 173 331
an established office in the City of Miami. Ms. Christy Brush is a TOTAL JOBS 752 528 1,280
resident of the City, and similar to Arquitectonica, an extensive
amount of the environmental permitting and engineering design for
the Project will be completed by staff based in their Miami office. iv. Responsible Wages/Living Wages
Legal support for VKLLC will be provided by Bilzin Sumberg with VKLLC has committed to comply with Section 18-120 of the City
their established office on Brickell Avenue in the City. Code, titled Responsible Wage Construction Contracts, to the
extent applicable to any development on City owned property.
ii. Firm has Committed to Hire a Majority of City Additionally, VKLLC has committed to comply with Section 18-
Residents and/or City Contractors 556, et. Seq. of the City Code, titled Living Wages, to the extent
VKLLC has committed to comply with the terms of the RFP for applicable.
local workforce participation. VKLLC will include a minimum of
forty percent (40%) local workforce from Miami-Dade County,
of which twenty-five percent (25%) must be City residents, for the
(c) Resilience and Environmental Considerations ii. Incorporation of Green Design and Natural/
Native Elements
i. Commitment to Protection of Environmental Assets
Commitment to Protection of Environmental Assets the VKLLC team The VKLLC Project Team is aware of the impact each
has designed the Virginia Key Harbour & Marine Center to be individual project and building has on the environment
resilient and sustainable. Among the many such elements and and is committed to do its part to contribute to a cleaner
strategies incorporated into the design are the following: environment and to protect and enhance the waterfront
Continued operation during minor storms and future and existing environmental resources on site. The VKLLC
king tides which are expected to be 4 above sea Project Team is experienced with green design strategies and LEED
level in 30 years: requirements and will utilize them to guide the development process
by meeting or exceeding LEED ratings and simply emphasizing
a. All access, parking, and boating activities operate at 6 Green Awareness at the site.
above sea level.
b. Critical access points are located at 6 above sea level. VKLLC will advance the state of the art in sustainable marina design
c. Green infrastructure components such as storm-water at Virginia Key Harbour & Marine Center, through an integrated
retention areas are designed to collect and treat runoff design approach, sustainability and environmental enhancement
water on-site. has been and will be a key consideration throughout the design
d. All planting on-site will be salt tolerant including tolerance process, with all elements considered as part of broader systems
for limited periods of inundation. that work together to take best advantage of all opportunities.
e. All docks and wet-slips are designed to withstand Particular sustainable design systems may include:
Category 3 storms. Mangroves and other native trees will be preserved on-site.
f. On-site back-up power will allow continued operation Native planting palette based on the restoration work
when power is down. performed elsewhere on Virginia Key.
g. On-site solar power will minimize reliance on back-up Plants will be grouped by communities based on specific
generators. ecosystems appropriate to Virginia Key including, Tidal
wetlands, Coastal Strands, and Maritime Hammocks.
Rapid recovery from storm-surge flooding (100-year Plant communities will be salt tolerant and tolerant to
surges expected at 11 above sea level in 2 years): periodic inundation.
a. Entire ground floor of dry storage facilities and Building facades will be covered by vines on trellises which
restaurants allow water to flow through and around will shade and protect the buildings without relying on water
structures. and fertilizer intensive green wall systems.
b. All new retail floors and infrastructure in the dry storage Similarities in planting will tie the natural areas of Virginia
facility will be at 12 above existing sea level. Key to the marina village via a unified palette of plants.
c. With minimal installation of flood barriers, all dry storage Planted areas will soak up and utilize storm-water as part of
facility and restaurant construction is protected to 15.5 an overall strategy of green infrastructure.
above sea level. Living shorelines will dampen waves while creating aquatic
d. Dry Storage boat handling equipment is 20+ above sea and upland habitat.
level. No potable water will be used for irrigation.
e. Restaurant is 17 above sea level. The baywalk will be lined with shade trees.
f. Vertical boat launching facilities minimize infrastructure LED site lighting will minimize light spill and energy
vulnerable to flooding. consumption.
g. Site is designed to channel storm-water to low-lying Boat elevator launch system will allow safe continuous
wetlands for retention and treatment. pedestrian passage during operation.
High efficiency mechanical systems will be used and the dry
storage building and parking lot will be naturally ventilated.
Innovative structural materials and finishes will be used
where feasible.
6.
SCHEDULE
REDEVELOPMENT
6. REDEVELOPMENT SCHEDULE
Construction of the Project will occur over a period of (b) Phasing Schedule
12-48 months in three phases to allow for the maximum The Project will be developed in accordance with the attached
continued use and revenue generation from the Project. Phasing Schedule, provided as noted in the RFP the VKLLC Team
This phasing approach afford time for the various permitting is not prevented or delayed due to acts of God, natural disasters,
processes required for development of the Project, and will allow catastrophic events, preemption in a local, state or national
incremental development of the Project over time and in response emergency; unavailability of labor or materials national or other
to market demands. events beyond the reasonable control of VKLLC enactment of a law,
rule or regulation or a change in existing laws, rules or regulations
Given the VKLLCs Project Teams extensive experience in the which prevents the ability to perform; actions by other persons
permitting and development of first-class marine facilities, it beyond the reasonable control of the VKLLC Team; lawsuits or
understands better than other proposers the time required for the other challenges seeking to stop, hinder or delay development or
permitting for the site and infrastructure improvements needed construction of all or any portion of the Project; or the inability to
to redevelop the marinas at Virginia Key as well as the nuances obtain or delays in obtaining governmental permits or approvals
that can minimize mistakes and save time. The ultimate goal is (each, a Force Majeure Event). As noted in the RFP, the City will
to develop the Project in an efficient and economical manner so address potential extensions of time should there be an occurrence
that the revenue generating elements of the Project that currently of a Force Majeure Event and the resulting hindrance or delay.
exist can continue to operate on portions of the Property during
construction and the new facilities can be phased in and be The assumed starting point for the Project Development
operating as soon as possible. schedule is a presumed referendum approval of the
Project and lease on November 7, 2017.
The attached renovation/redevelopment schedules for the
leasehold improvements take into account the commencement The Attached tabular and visual depiction of the phasing schedule
and completion dates required by the RFP and City Charter and outlines the projected Project phasing and timing. The Project is
delineate the renovation or redevelopment of each component. being proposed in phases for two important reasons: 1) to attempt
to maximize the available waterfront facilities during the permitting
(a) Land Use and Zoning Approvals and construction phases of the Project; and 2) to take into account
The Propertys current land use designation is Parks and Recreation the timing and potential difficulty of securing all required permits for
and the zoning designation is Civic Space. With these designations, the required marine construction including the dry storage facility.
development of the proposed Project will require collaboration The schedule is based upon the collective experience of the VKLLC
with the City to determine the most timely and effective way ensure Project Team and best practice estimates for permitting timing for
compliance with all applicable land use and zoning regulations. each of the phases of the Project. Where experience shows that
The City has committed to amending the CS zoning and related portions of the Project permitting will likely take longer than other
land use regulations to ensure the required redevelopment program portions, those portions have been separated out into separate
in the RFP is permitted under the applicable land use and zoning phases in order to avoid delaying the prior phases which should
regulations. Indeed, the first of such actions began the hearing be able to be permitted more quickly. All of these timeframes are
process on May 17, 2017. estimates that are substantially dependent upon the timeliness
As the RFP property is City owned and State-deeded property of third party reviewing agencies. Each of the time frames also
and potentially County owned submerged lands VKLLC assumes assumes there are no third party challenges or interventions in the
that the City will cooperate with VKLLC to obtain all necessary permitting or construction processes. Any third party involvement
approvals and waivers needed from the City, County and the State could change these timeframes and could lead to denial of
as it is the Property owner. some permits.
As noted in the RFP there is a Declaration of Restrictions that may Pre-application meetings with the regulatory agencies will be
require Miami-Dade County Commission approval of the site plan conducted by the VKLLC Project Team to evaluate the proposed
also. VKLLC is assuming that County approval will be required and Project improvements, confirm permitting strategy and to facilitate
have allocated additional time in the development schedule for the the environmental permitting process. The Project Team will strive to
City to gain this approval. facilitate the environmental permitting in an expeditious manner to
obtain approvals for all Project Phases, but with specific emphasis
upon permitting the facilities that are replacing the existing wet
and dry storage facilities as the first phases because those impacts 2. Dry Storage Phase 2A
already exist. According to the RFP materials there are currently We will consult with the agencies in advance as we seek building
approximately 190 wet slips, although the operating permits from permits for the first phase of the dry stack as outlined above. We
the County appear to be for 200 wet slips. Similarly, from the RFP then will seek a single permit for the balance of dry storage facility,
materials it appears that there are currently approximately 648 including the in- water launching facilities for phase one. As the
existing dry storage slips on the Property. first two phases contain 462 slips combined they do not exceed
the existing 648 slip count so we hope that will assist in getting
(c) Project Phasing the permits issued to allow essentially continuous construction to
As described below in more detail, the Project will ultimately require proceed through Phase two . However, with phase three the dry
environmental permits from federal, state, and local agencies. stack expands to 750 slips, which is 102 slips larger than the 648
These agencies will primarily be concerned with wet slip and existing dry storage slips. It is possible that we will decide to permit
staging area components of the Project; however, the agencies will these additional slips as a separate permit in order not to delay the
also review the dry stack marina and other upland components initial permit for phase one and two of the dry storage facility. That
of the Project possible for cumulative impacts beyond the existing is a decision that will be made in consultation with the City and
facilities and capacities. review agencies
The VKLLC Project Team will plan and prepare environmental The dry stack permits will also include the expanded in-water
permit applications as soon as the Lease becomes effective. The launching facilities and docks that will be necessary to properly
Team anticipate those applications would be submitted in January and timely operate the dry storage facility. As these docks will
2018. It is currently expected that we will seek one permit for the need to be in areas that do not currently have existing docks,
redevelopment of the existing wet slip basin and one permit for the which could also cause permitting complications. It is worth noting
dry storage facility and associated launching facilities, although that the Miami Boat show has received permits for the water taxi
we may also include phasing within those permit applications if the channels in the areas adjacent to where some of the launching
review agencies believe it will expedite the ultimate construction. facilities are planned and the launching docks have been located
i. Dry Storage outside of the areas of seagrass identified in those permits, which
should facilitate the permitting of these facilities. We anticipate
1. Dry Storage Facility - Phase I - Upland Dry Storage permits for construction of the second and third phases of the
Phase One and Restaurants upland dry storage facility will be issued in approximately 18-24
In order to expedite the construction of the Project, it is the VKLLC months, which should allow for completion of the second phase in
Project Teams belief that the first phase of the dry stack building will approximately 30-36 months.
not require a full Environmental Resource Permit (ERP) and review
3. Dry Storage Phase 3A
as long as that phase and permit applications do not include
As the ERP permits for the dry stack will have been issued including
modifications to the in- water launching facilities that exist on site
for the entire dry stack and in water launching facilities, the third
today. Hence, at least for an interim time frame the first phase of the
phase will commence construction in approximately 36 months
dry stack may share those launching facilities with the balance of
and complete construction in 48 months.
the exterior dry storage racks that will remain in operation through
the first phase. Dry Storage Phase I will contain 282 slips in the ii. Wet Slip Marina
new dry stack along with the Dock Masters office, ships store,
retail and parking and will continue to utilize 250 exterior storage 1. Wet Slip Marina - Phase 2B
racks. As the building permitting and construction of the first Initially VKLLC will continue to operate the existing wet slip marina
phase is expected to take 12-24 months we will utilize that time to in its existing configuration with only necessary cleanup and
process the full ERP for the overall dry stack and should be able to improvements of those facilities and operations so that we can
include the in-water launch facilities for Phase 1 either as a permit operate a first class marina as required by the RFP. This will ensure
modification at the end of Phase 1 or as the initial work of Phase 2. continuing income to the city from day one as we go through the
The two new restaurants are part of this first phase also, as they will permitting process.
be purely upland facilities. We have intentionally separated the two
new restaurants from the dry storage facility to allow us to permit The plans for the marina basin call for a reduction in the number of
them separately and anticipate completing them in 18-24 months. wet slips to approximately 162 slips from the current 190-200 slip
count. Assuming the agencies agree to issue a single permit for the
Virginia Key Marina | RFP No. 16-17-011 Page 14
6. REDEVELOPMENT SCHEDULE
wet slip basin, we have allocated 18-24 months for those permits Rivers and Harbors Act of 1899. The proposed activities will be
to be issued. We will then proceed with construction drawings and reviewed pursuant to the applicants submittal of a Dredge and Fill
construction permits to construct the new docks in two phases. Permit application as part of the joint federal-state Environmental
The first phase of the wet slips is projected to be completed in
approximately 30-36 months. Resource Permitting process. The proposed in-water and upland
Project components are primarily marine-related and therefore
2. Wet Slip Marina - Phase 3B the Florida Department of Environmental Protection (FDEP) will
The Second phase of the wet slip reconstruction, which may most likely have state jurisdiction over the ERP process. Issues that
involve maintenance dredging and associated mitigation, is must be addressed during this permitting process are potential
anticipated to take longer with the second phase being completed impacts to seagrass, navigation, water quality, and the West
in approximately 36- 48 months. Indian manatee. The National Marine Fisheries Service - Protected
Resources Division (NMFS-PRD) may be consulted by the Corps
As shown on the proposed plans there is a portion of the wet slip for issues relating to the protected seagrass if certain species,
basin that is an expansion into the area to the west of the existing which have not been identified in the existing resource analyses,
docks where there is presently an informal anchorage. It is possible are found; however, the Project is not located in critical habitat for
that this area might need to be permitted separately from the area the seagrass and, therefore, consultation with NMFS-PRD should
currently occupied by existing docks, if the agencies raise new be limited to issuance of a Biological Opinion (BO). The marine
concerns about this area or if other complications or issues arise. If improvements will be designed and optimized to avoid/minimize
that occurs, there would be an additional period of time necessary impacts to seagrass beds, and M & N will design and negotiate
to complete the construction of that area but we still anticipate that agency approval of appropriate mitigation for any unavoidable
we will be able to complete the construction with approximately 60 impacts.
months from the effective date of the lease.
The Project is located in an area of heightened scrutiny for the
(d) Environmental Permitting Approach endangered West Indian manatee and, therefore, consultation with
Moffatt & Nichol (M & N) will work as part of the VKLLC Project the U.S. Fish and Wildlife Service (FWS) will be required. Any
Team to prepare comprehensive environmental permit applications additional potential impact to manatees will be evaluated (due to
and process them with the local, state, and federal agencies fuel dock improvements, other new slips, changed traffic patterns,
with jurisdiction over the Project. Key personnel at M & N have etc.). FWS staff will also review the Project relative to potential
designed and permitted several of the larger and more complex impacts to other endangered species. The FWS consultation will
wet and dry slip marinas over the past 15 years in southeast Florida culminate with the issuance of a BO. Consultation with the NMFS-
and these staff persons will take the lead on the marine design and Habitat Conservation Division may also be required due to
environmental permitting for the Project out of the M & N Miami potential impacts to Essential Fish Habitat (EFH) pursuant to the
office in Coconut Grove. The company began participating in Magnuson-Stevens Fishery Conservation and Management Act.
urban waterfront development in the early 1960s. Since that time, Any direct or indirect impacts to EFH must be minimized, and any
M&N has become recognized throughout the world for its role unavoidable impacts mitigated.
in the revitalization and redevelopment of urban waterfronts. The
firm has served government agencies, corporations, and private ii. Florida Department of Environmental Protection
clients in over 60 countries, and the firm is currently involved in Environmental Resource Permit(s) will be required for the Project
the planning, design and permitting of a variety of waterfront and from the FDEP pursuant to Chapter 373, Florida Statutes, and
coastal protection projects worldwide. M & Ns headquarters are related codes. Agency staff will use these rules to evaluate
in Long Beach, California, with 30 branch offices throughout North impacts to environmental resources and appropriate mitigation for
America, Europe, Latin America and the Middle East. Additional unavoidable impacts. Direct and indirect seagrass impacts will be
information regarding M & Ns experience and services can be raised as potential issues during the ERP process, which includes
found online at: www.moffattnichol.com. consultation with the Florida Fish and Wildlife Conservation
Commission (FWC). Similar to the FWS, the FDEP/FWC may
i. U.S. Army Corps of Engineers (Corps) raise concerns regarding the potential for proposed fuel dock
The Project wet slip reconfiguration will require Department of the improvements and other increases in slip count or use intensity
Army Permit(s) authorizing construction under the jurisdiction of and adverse impact to manatees and/or their habitat due to the
Section 404 of the Clean Water Act, as well as Section 10 of the potential for more vessel traffic, larger vessels, etc.
It should also be noted that potential impacts to water quality in of the Biscayne Bay area. We anticipate processing the Shoreline
Biscayne Bay, an Aquatic Preserve and Outstanding Florida Water, Development concurrently with the ERC permit applications. As
will be reviewed. A fuel spill contingency plan will be required as part of the final issuance of the DERM Permit, the City of Miami
part of the permit application. A stormwater management plan that structural and zoning departments must approve the Project plans.
complies with current code criteria will also be required as part
of the ERP process. Site grading must retain all rainfall runoff on- The RFP includes an environmental site assessment of both marinas,
site, and the runoff would be treated and discharged into systems and additional environmental evaluations are recommended in
including, but not limited to green swales, exfiltration trenches, and the report. VKLLC has SCS Engineers on the team to complete the
drainage wells. The stormwater management improvements to be required site evaluation as outlined in the assessment reports. This
constructed as part of the Project will be considered by the agencies evaluation and remediation (if required) will be processed through
as an improvement in water quality, as a large percentage of the DERM Pollution and Regulation Enforcement Division as part of
runoff currently sheet flows into the adjacent waterways based on the environmental permitting process.
site observations. Evidence of ownership of the submerged lands
owned by the City of Miami will be required upon submittal of the
ERP application. The FDEP may also require that the Project meet or
have waived the municipal use clause that may be referenced in
the deed(s) associated with the Citys submerged lands. The Project
improvements will be open to the public on a space-available
basis, which should be sufficient to meet the deed restrictions.
VIII. Phase 3B - Balance of Wet slip basin (162 large boat slips)
a) Construction drawings and permits 12 months- 1/2021
b) Construction 8-12 months-1/2022
c) Completion January 2022
Note: This projected schedule has been developed to attempt to maximize the available facilities during the permitting and construction
phases of the Project. It is based upon the collective experience of the Project Team and best practice estimates for permitting timing
for each of the phases of the Project. Where experience shows that portions of the project permitting will likely take longer than other
portions, they have been separated out into separate phases in order to expedite the prior phases and not delay those potions that should
be able to be permitted more quickly. All of these timeframes are estimates that are substantially dependent upon the timeliness of third
party reviewing agencies. Each of the time frames also assume there are no third party challenges or interventions in the permitting or
construction processes. Any third party involvement could change these timeframes significantly and could lead to denial of some permits.
Page 18
280 surface
Renovate parking
spaces
Reconstruct
Recongure
dry stack
6. a. i. Phase One Planning and Design | Scale 1:250 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Phase 2A
Phase 2B
Phase 3B
7.
PLAN
PROJECT
7. PROJECT PLAN
(a) Narrative Description of the Proposed Project Plan the same textured material rises over a base of cabled vines that
form a green base and blend with the dense foliage proposed
i. Introduction along the land to the south.
The Virginia Key Harbour & Marine Center has been planned and
designed to meet and exceed all of the requirements of the RFP. It The world class design has been coupled with the most state-of-
will be developed into a resilient, sustainable, world class, state- the-art Aero-Docks automated storage system. The marine village
of-the-art, mixed-use waterfront marine center. The VKLLC Project design and exterior launch pavilions will showcase the modern,
Team is led by the most experienced and qualified waterfront automated mechanical process of storing vessels and create a
and marina developers and operators in Florida, and the entire unique and fascinating marine-oriented experience that can be
East Coast, the Christoph family and their RCI Group portfolio appreciated by customers and the public onlookers. Importantly, the
of companies, all based here in the County and Suntex Marinas Village design and automated systems will allow for and facilitate
the largest owner operator of marina facilities in the country. The the creation of an uninterrupted continuous baywalk along the
Principals of RCI and Suntex have assembled a remarkable Project entire waterfrontsomething that has never been achieved before.
Team. The lead architects and designers are the world renowned
design firm of Arquitectonica and ArquitectonicGEO. The engineers The Projects ability to blend with the existing environment is
for the Project are Moffatt & Nichol, a firm that is in the forefront of buttressed by its scale which is set to the scale of the landscape,
marina planning and design. providing balance and helping it to better integrate into the setting.
It acknowledges the tropical climate of the region and responds
ii. Design Intent Statement to the physical context of the area. This allows the buildings to
The design concept hinges around the creation of a meet their functional demands in the most efficient, compact way
contemporary marina village along the Virginia Key possible and minimize the physical and visual impact of the Project
waterfront. The boat storage shed is lined by a series of glass so as to not intrude on water views any more than necessary to
and green buildings that contain active uses along the public accommodate the required program.
waterfront promenade. These uses include restaurants and shops.
A dock masters office anchors the northeast corner, commanding Elements of the marine village and the ribbon of the pedestrian
views of the launching area and the marina. promenade flow throughout of the Project and are incorporated
into every distinct design feature. This unifying element helps
The linearity of the village buildings is interrupted by the boat to accomplish the goal of creating an identity for the entire site.
launching zones. In addition, the liner is broken into individual Currently, the site lacks coherence in design and is comprised of
volumes. Each volume has projecting canopies that announce the various stand-alone structures that lack a distinctive character.
uses and their arrival point while adding shade and rain protection. VKLLCs proposed design gives the site a sense of direction by
The volumes also have individual gabled roofs that define a broken- creating a pedestrian friendly and well-balanced organizational
up composition. The gables combine high-ridge gables that make schema.
reference to tradition and the original Rusty Pelican establishment
with reverse gables that make reference to the dramatic angles The integration of the design with the Virginia Key
in the nearby Marine Stadium. Accordingly, the architecture has habitat reinforces and permits functionality while also
a profile that makes references the two geometries that have visually exposing the functionality of the technology
shaped Virginia Key. The geometries finally get combined at the that will be used in the dry stack. As the boats will be
restaurant complex at the west end with its dual folded roof. Rising moving, people will be moving. A continuous ribbon of access
over stilts they also make reference to the legendary Stiltsville off and open spaces guides visitors with ease from the covered and
Key Biscayne. enclosed parking areas, to the boat storage, to the marinas, to the
waterfront, and to the retail and restaurant uses. The buildings will
The village facades are light and transparent in their glass display be broken up to allow pedestrians, air, and light to flow through.
areas and more solid in areas where vines grow to create curtains The entry street will create an opportunity for activation of a hub
of greenery. The liner is animated by the content of the marine of activity on the site and along the Baywalk in a way that has
stores, peeking behind and over rises the balance of the boat not been possible on Virginia Key. Wide sidewalks and big show
storage facility. It is clad in engineered wood slats that give it windows for the retail spaces will further activate the site and
texture and warmth while making reference to the materiality and facilitate the interaction between inside and outside spaces.
tonality of early marine sheds. Along the Rickenbacker Causeway,
The design of the Project is compatible with the Virginia Property, both wet and dry, have become inadequate to service
Key Master Plan. The design of the Project will also todays more modern and larger boats. The advent of reliable, very
complement the restoration and use of the Marine large horsepower 4 -stroke outboard engines has led to the typical
Stadium and is compatible with and no higher than the beam of newer boats being substantially wider and the shore
height of the Marine Stadium. The design also allows the power requirements of todays vessels has increased substantially.
Project to be compatible with the Miami International Boat Show Likewise, the market demand for in-water slips has grown for larger
(the Boat Show). VKLLC member RCI already the hosts of the Fort vessels. The use of the automated dry storage system, as opposed
Lauderdale Boat Show, which is the largest boat show in the world, to the fork lifts typical of most dry stack facilities, allows for storage
and Therefore VKLLC is uniquely qualified to handle the required of larger vessels in the new dry stack. Therefore to address these
accommodations that must be made for the Boat Show. trends, which are continuing and even accelerating each year,
VKLLC will replace, reconfigure, and update all these existing slips
The site plan is designed to specifically protect and enhance views to accommodate larger in-water vessels so that they will serve
of the water from all parts of the Property and maximizes view not only todays boats, but those of the at least the next several
corridors to the water. It includes all necessary on-site parking. It decades.
increases the amount of green space on the site and to the extent
possible, will include bio swales, rain gardens, and green roofs. As a result, while the linear footage and the resulting revenue
Landscaping and islands of vegetation will be used to provide generating capacity of the wet slips will actually increase over
shade and will consist of a varied selection of tropical and Florida the current conditions, even though the in-water slip count will
native vegetation that reflects the landscape of the region. decrease from approximately 190 to 162 slips. The redeveloped
marina will include a substantial number of the wet slips that will
The following landscape goals and policies have guided the accommodate vessels of 60 feet and larger, as opposed to the
preparation of the landscape. current configuration, which has a significant proportion of 40 foot
1. Mangroves and other native trees will be preserved on- and even smaller slips. VKLLC has reviewed the limiting 9-foot
site. maximum dredge depth outlined in the RFP, and the wet slip mix
2. Native planting palette based on the restoration work will be optimized accordingly to not exceed this limiting depth.
performed elsewhere on Virginia Key. Despite the net reduction of wet slips, hence the revenue generation
3. Plants will be grouped by communities based on specific potential of the wet slips will increase substantially as these larger
ecosystems appropriate to Virginia Key including, Tidal vessels pay a higher rate and the linear footage of dockage will
wetlands, Coastal Strands, and Maritime Hammocks. increase. Moreover, larger vessels use and pay for more ancillary
4. Plant communities will be salt tolerant and tolerant to services which will also increase revenues.
periodic inundation.
5. Building facades will be covered by vines on trellises Likewise, the 40 + foot up to as large as 65 foot vessels will be
which will shade and protect the buildings without relying able to be accommodated in the new state-of-the-art automated
on water and fertilizer intensive green wall systems. dry storage facility. The new dry stack will include approximately
6. Similarities in planting will tie the natural areas of Virginia 750 slips which matches the contemplated number of dry stacks
Key to the marina village via a unified palette of plants. referenced in the Virginia Key Master Plan July 2010 Final Report
7. Planted areas will soak up and utilize storm-water as part which is an increase of 102 slips over the current dry storage
of an overall strategy of green infrastructure. capacity and as the size of the vessels that can be accommodated
8. Living shorelines will dampen waves while creating will also increase the linear footage of available dry storage will
aquatic and upland habitat. increase even further. At completion, VKLLCs plan will increase
9. No potable water will be used for irrigation. revenues with a total of 912 wet and dry slips, even though it will
10. Baywalk will be lined with shade trees. also lessen the number of wet slips.
11. LED site lighting will minimize light spill and energy
consumption. VKLLC has partnered with Aero-Docks for the state-of-the-art,
high-tech boat storage system that will be used for the Project.
iii. Marina and Dry Storage Aero-Docks along with Rockwell international will design and
Revenue slip management and revenue generating facilities will be program a control system that enables electromechanical systems
maximized by modernizing facilities and optimizing the slip size to automatically place and retrieve loads from defined storage
and configurations. Virtually all of the boat slips presently at the locations. A data network to distribute and collect information to
and from the control system will complement the electromechanical Montys in Coconut Grove, which RCI substantially renovated,
systems and help to maximize the available storage space in the owned, and operated for over 10 years. Additionally, a fine
building. dining destination restaurant is also contemplated to be included
on the upper level, with a dining breezeway and spectacular views
At the heart of the profitability of the new marina will be the of Biscayne Bay and beyond.
automated dry slip Aero-Docks System III that can store 46%
more boats in the exact same building when compared to other v. Retail and Ships Store
forklift and less efficient mechanical systems and increase the linear The Project will contain approximately 30,000 square feet of small
footage available, thereby increasing efficiency and revenue scale retail uses linked directly to the Baywalk, as well as a pool and
production. Aero-Docks System III is ready to retrieve or launch outdoor deck. The Projects retail shops will supply all components
vessels immediately, unlike traditional forklift systems, thus offering of the boating community including paddlers, rowers and sailors
much more efficient 20-30 boats per hour launch/retrieval time. with all of their needs, including bait and tackle, food and drink,
Aero-Docks uses unique sorting optimization software that, each yacht brokerage, rental equipment including diving, paddling and
night, optimizes where boats are stored, allowing each new boat rowing and repairs and service .in keeping with the Virginia Key
that is added to be placed with other boats in a row based on a Master Plan, it will be a full service marine destination lacking only
configuration that uses 90% or more of the available linear footage. large scale commercial repair facilities, which more appropriately
Often a marina must turn away potential users due to a lack of occur on the Miami River. VKLLC believes that the marinas will not
space for a particular boat size despite the fact that the total linear only serve boat owners within the City of Miami and neighboring
footage is available. Aero-Docks System III has no such limitations, municipalities, but also recreational boaters traveling from other
instead granting the marina owner the ability to re-sort boats to parts of South Floridas coastline who want to spend the day and
create space that is needed for new boats and accommodate the enjoy all of what Virginia Key Harbour & Marine Center will have
shifting assortment of boat sizes. Having Aero-Docks at Virginia to offer.
Key will ensure that nearly all linear feet in the dry stack will
always be used, no matter the mix of boat sizes. This flexibility to vi. Dock Masters Office
accommodate a variety of vessel sizes and configurations provides VKLLCs plan also includes a new dock masters office to be
the Project with adaptability for the future market. constructed along with the first phase of the new dry storage facility
to service the entire marine campus.
We have included in this submittal both the graphic depiction in this
section and a flash drive in a pocket at the back of the binder which (b) Site Program Analysis
includes two narrated videos describing how the Aero-Docks system In preparing the Project plans the VKLLC Project team lead by
works. Viewing the videos will provide a better understanding of the ARQ, has undertaken a thorough analysis of the site location,
system and how it works. Please take the time to review the videos characteristics and interconnections to the rest of Virginia Key and
one is only two minutes long while the other is seven minutes long. the policies established by the Virginia Key Master Plan. As shown
The videos provide a more thorough explanation of the operation on Figures 7b, as part of the site analysis they have examined
and benefits of the Aero-Docks system. the existing and proposed assets on Virginia Key, the marine and
vehicular access to the Property and the pedestrian and bicycle
iv. Restaurant facilities. They have also analyzed the prevailing winds and sun
The existing restaurant facility at the Project entry will be renovated direction and shadow studies and the best views both from the
to become both functionally and aesthetically part of the campus, Property and from surrounding sites.
with the upper levels becoming ancillary management office space
for the marina operations. i. Parking Solutions
All structures constructed on the Property must conform to the
VKLLC will construct and may operate the two proposed restaurants. appropriate Flood Zone requirements and be designed to adapt
VKLLC will work with consultants Corporate Realty Advisors, a to increased flooding risks due to sea level rise thereby increasing
leader in restaurant real estate, to implement an effective market their resilience and sustainability. The entire ground floor of dry
development strategy to place premium restaurant brands in the storage facility and restaurants allow water to flow through and
location, make the proposed restaurants among the top-producing around structures All new retail floors and infrastructure in the
restaurant venues in South Florida, and drive restaurant sales. dry storage facility will be at 12+ above existing sea level and
with only minimal installation of flood barriers, all retail and lower
VKLLC currently contemplates a restaurant in the casual style of
Virginia Key Marina | RFP No. 16-17-011 Page 23
7. PROJECT PLAN
restaurant construction is protected to 15.5 above sea level, while new building(s). These loads will be estimated and compared to
the upper level restaurant will more than 17 above sea level. the existing sanitary sewer loads for the Project in accordance with
WASD guidelines. A gravity collection system will be installed on
The Project design has the dry storage facility elevated not only site with connection, if applicable, to the existing service on site.
above base flood elevation but at 20+ above sea level thereby Depending on the capacity of the existing sanitary sewer service to
protecting it from even projected storm surges. This creates the the site, a lift station may be required with force main discharge into
opportunity to provide two levels of covered parking under the dry the existing utilities on the Rickenbacker Causeway, or potentially
storage facility. The upper level will be well above flood elevation to the gravity sewer system to the east of the Project on Virginia Key.
and even the lower level will be 6 above sea level. This allows
VKLLC to provide all of the RFP required parking for both the Project More specifically in regards to the sanitary pump-out facilities, our
and the additional 220 parking spaces for the Rusty Pelican as marina plan as proposed will develop a zero discharge zone in the
required by its lease. The parking underneath the dry storage marina. The marina exceeds regulatory requirements by providing
facility will contain approximately 589 parking spaces, with the a sanitary pump out system at each wet slip and at locations on
balance of the required parking being provided in ground level the launching areas for the Dry Storage facility. In addition a
parking lots all at no cost to the City, utilizing only the required stationary pump out system and portable pump out vehicle that can
contribution from the Rusty Pelican. service the boats on the fueling docks and launch dock with pump
out station will be kept available for transiting vessels to pump out.
Ironically, placing open layers of parking below the dry storage VKLLC is evaluating the grey water recycling systems designed by
facility also provides a flood protection benefit to the Project in Marine Design Dynamics to treat vessel grey water, which was
that storm waters can simply flow through and under the storage initially developed for the US Marine Corps. The system filters
facility, as the Coastal Construction Regulations require along the vessel grey water to potable water standards prior to discharge.
oceanfront. Further, utilizing this space under the dry storage for If determined to be feasible this treated water can be stored and
parking minimizes the visual impact that would otherwise be seen utilized on the site with other non-potable water for vessel washing,
from additional structured parking garage space, which still comply irrigation and toilet flushing.
in with the Virginia Key Master Plan and the RFP by keeping the
overall height of the Project below the height of the Marne stadium iv. Storm Water Management and Hurricane Plan
at approximately 65. This parking plan therefore minimizes the The VKLLC Project Team will upgrade and/or improve the existing
imposition of a larger scale parking garage and the Project onto site infrastructure to include stormwater management. The ERP will
the immediate area and neighborhood. require the engineering design and construction of a stormwater
management system. Currently the majority of runoff from the
ii. Signage and Wayfinding Plan Project site sheet flows into the adjacent waters of Biscayne
As shown in the plans, VKLLC will provide way-finding signs which Bay. The site plan will be designed with perimeter grades and
are necessary to keep traffic flowing by providing easy to read and conveyance of runoff with associated paving and grading.
easy to understand signage that is highly visible for quick access. Green space will be incorporated as indicated in the architectural
Our way-finding signs will be installed beginning on the bridge site plan. This stormwater management system will provide a
onto Virginia Key and including a turn around opportunity at the significant improvement to the water quality within the Bay and
second intersection required for the Marine Stadium. The signage ecosystem. Stormwater will be retained for the required treatment
program will highlight the on-property way-finding for valet and in accordance with SFWMD guidelines by swales, exfiltration
municipal parking facilities. These directional sign systems will direct trenches, or detention boxes as required. The amount of retention
marina guests and visitors to where they need to go in a welcoming will be determined based on the runoff calculations for the Project
South Florida vernacular. impervious and pervious areas. roof leaders from building structures
can be discharged directly into the stormwater system. Depending
iii. Sewage and Pollution Control Plan
on the capacity of the exfiltration trenches, some drainage wells
The VKLLC Project Team will upgrade and/or improve the existing
may be required to provide the required stormwater management,
site infrastructure to include water and the sewage infrastructure.
although we are also going to utilize stormwater to irrigate the on-
The existing sanitary sewer service to the Property will be
site landscaping and will explore the use of cisterns to accomplish
reviewed with the City and with Miami-Dade Water and Sewer
that and possible boat wash down to minimize any potable water
Department (WASD). Additional sewage loads are anticipated
use. During the environmental permitting process, the feasibility
from the wet slip marina sewage pump-out systems and from the
of the installation of outfall pipes will be evaluated to allow the
discharge of runoff after the required stormwater treatment is site to service the wet slip marina areas and the new building(s). A
achieved. In accordance with the SFWMD guidelines, the Project meter room is anticipated in the new dry stack marina to distribute
will be designed to maintain runoff from a 25-year, 3-day rainfall power to the dry stack marina operations and restaurant/retail
event on site. areas. Separate, private transformers with appropriate distribution
panels will distribute electrical service to the docks for the shore
The impact of hurricanes or similar events on waterfront parks and power pedestals in the wet slip marina areas.
marinas requires design teams to reexamine traditional guidelines
and engineering requirements. Our team has extensive experience vi. Pedestrian, Community and Special Needs Access
in resilient design, as well as working through the aftermath of The baywalk and additional pedestrian and bicycle facilities will
major events. This expertise will guide the design processes of the provide easy access to and throughout the Property and provide
facilities at Virginia Key. Specific strategies will include: connectivity between the different uses, users and surrounding
Utilizing a design datum higher than currently required by areas without the use of vehicles. This will include direct access to
FEMA flood datum, which may suggest increasing the height the baywalk from the proposed parking facilities. The uplands will
of pilings to ensure floating elements remain in place during provide a much broader array of publically accessible facilities
storm surge events. and amenities. The largest and most unique public amenity will be
Expanding use of solar powered and wireless infrastructure the continuous baywalk which will cover approximately 2,600
to minimize the need for conduit that may be vulnerable to linear feet.
flooding.
Consider use of direct burial electrical cable in place of This facility will provide remarkable views of the Downtown skyline,
traditional conduit. the surrounding natural marine environment, and, of course, will
Improved gangway design to respond to increased storm provide a wonderful viewing platform to simply observe the marina
surge conditions. and boating including the paddling and rowing activities and
Consideration and design to eliminate risk of potential events. Moreover, it will connect to a new public boat ramp and
contamination from pump out utilities. the historic Marine Stadium to the east.
Operational plan to depower or shut down vulnerable
As part of our commitment to achieving sustainability, we take very
systems prior to storm.
seriously the need to make our facilities accessible to everyone
v. Additional Overall Site Infrastructure regardless of physical ability. In order to ensure that the docks
Improvements, Including Fire Safety are accessible to everyone, we will exceed the requirements of
New water supply taps will be made from the existing water service the Americans with Disabilities Act (ADA) recreational boating
mains on Rickenbacker Causeway to provide service for the Project. requirements. While the ADA guidelines provide for accessible
A new fire line will service the Project, and this line will likely be docks, they do nothing to ensure that the boater can actually
10-12 inches in diameter. A loop is anticipated with the potential access the boat from the dock once they get to the boat. In order
for connection to adjacent properties. This loop will include fire to solve this challenge, we have proposed the use of lifts similar
hydrants spaced as required to service the Project, including the to those used for swimming pools to help people reach the boats.
wet slip marina components. In addition, the fire line will provide
With the implementation of an accessible marina, the redeveloped
service to the new buildings for the fire pump(s) as coordinated
facilities at Virginia Key will be well positioned to host adaptive
with the building engineers. A new domestic water service line will
sailing and power boating training camps and regattas such as
be installed to service the new building(s) and marina wet slips, if
those facilitated by the Warrior Sailing Program. This program
required. The existing service to the Property will be reviewed with
is focused on introducing active duty military and veterans with
the City, and it is possible that the existing domestic water service
disabilities to sailing and racing, and is open to disabled veterans
has sufficient capacity for the site redevelopment. If sufficient service
and members of the US Armed Forces regardless of age, gender,
is available, new water service lines will be extended through the
or race. Other opportunities include hosting the US Disabled
site to the building(s) and to the wet slip marina components.
Championships and/or other events sponsored by organizations
A new FPL service will be required for the Project, and electrical such as Challenged America and US Sailing.
loads will be estimated for the Project and coordinated with FPL for a
new transformer sized for the Project build-out. Electrical distribution
with underground lines feeding transformers will be designed on
Similar water transportation networks are found in New York City, (d) Proposed Project Site Plan
Chicago, Fort Lauderdale, and elsewhere and we are excited to See following pages for Illustrative Drawings
discuss these opportunities at Virginia Key. If interest continues and
would support the effort, VKLLC may even assist in the development
of a water/ferry taxi service with UBER boats to improve access
to the marina. A proper water taxi service can also be asset to
homeland security purposes as an alternate transportation mode in
the event of a road closing on the Rickenbacker Causeway.
Bill Sadowski
Critical Wildlife Area
Rusty Pelican
Page 27
Mast Academy Restoration
Boat
Cont
Contin
nti uo
in uoususs
Access
W te
Wa terrf
rfront
rfrontt
|
M am
Mi amii
Virginia Key
Harbour
Page 28
Key
Ke y
Bisc
ssc
cayne
ay
yne
ne
Day &
Night V
iews
|
Ch ann 28 x 40 ft. Wet slips 40 x 40 ft. Lift slips
60
Page 30
18 x 80 ft. Wet slips
10 x 80+ ft. Wet slips at pier ends
8,920 Linear Feet of Wet Slips
Reconstruct
Recongure
dry stack for
continual use
16 BAYWALK
16 BAYWALK
Page 37
Wild-lime Zanthoxylum fagara Maritime Hammock
|
Rougeplant Rivina humilis Bioswale freshwater
Rose-Of-Plymouth Sabatia stellaris Bioswale
Glasswort Salicornia bigelovii Bioswale
Sea Purslane Sesuvium portulacastrum Coastal Berm
Seaside Goldenrod Solidago sempervirens Bioswale
Brace's Aster Symphyotrichum tenuifolium Bioswale
Page 38
GRASSES Common Name Scientific Name Habitat
Gulf Coast Spikerush Eleocharis cellulosa Bioswale
Needle Rush Juncus roemerianus Bioswale
Muhlygrass Muhlenbergia capillaris Bioswale
Saltmeadow Cordgrass Spartina patens Bioswale
Page 40
and ample turning radius within
the marked channel.
Sea grass
Protection Zones
Page 41
Ann ind
ndep
e th
t site asse
essment off addid ti
t onal
envrio
i nm
men
e tal assets willl take place prior
o to
constr
co truc
ction.
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Site Environmental Strategies Low impact development strategies for stormwater
will be implemented and integrated with landscape
Location and Transportation designed for periodic inundation.
Sensitive seagrass, mangroves, and all waterways will be Solar panels and extensive tree canopy will absorb
protected during construction. sunlight while light roofs and pavements will reect sunlight
Improved bus stops, bicycle facilities, and water taxi to reduce urban heat island
access offer alternatives to cars LED site lighting with minimal spill will reduce light
Covered bicycle parking and showers enable bicycle pollution
commuting Will seek Florida Clean Marina designation from DEP.
No excess parking is provided, 90%+ of parking is covered
Parking will be prioritized for carpools and electric vehicle Water Efciency
charging stations Planting will require little or no irrigation after
establishment, (vines on facades may require irrigation
Page 42
Unied plant communities will tie the natural areas of .
Virginia Key to the marina village
Living shorelines will create habitat and dampen waves
|
interior spaces
Natural ventilation will control climate in the garage and
boat shelter
4,933 industry standard 77 x 39 340 watt PV Panels 188,990 sqft of roof x 90% collection efciency x 58.97
1,412 kWp output, (1,677 kWp - 12.3% system loss (96% median rainfall=
inverter efciency)) 6,255,138 Gallons annually
5.27 Solar hours/ day average Total water collected and used will depend on
2.3 mWh Annual Production 1 demand1
Potential output would likely greatly exceed building -Boat rinsing will be the primary use
demand 2 -Make-up water for cooling towers/chillers
Equivalent to 180 households (per FPL numbers) -Irrigation
Solar is not currently part of the bid proposal since costs, -Laundry and ushing of toilets
retrun-on-investment, and ownership of the array, is subject Cistern are not currently part of the bid proposal
to negotiation. pending detailed projected requirements and life-cycle
1
Numbers conrmed by Dustin Thayer of Sunconnect USA (Naples, FL) and Scott McIntyre costs.
of Solar Energy Management, (St. Petersburg, FL).
|
2
Florida Power and Light will need to be involved in utilizing any power beyond that utilized.
required for the building.
|
Projected king tide levels
Dry slip boat handling equipment is 17 above sea level
by 2045 2.73 ft. Above
Vertical boat launching facilities minimize vulnerable areas.
N.A.V.D. 88
Site is designed to channel oodwater through low-lying wetlands and back to the bay.
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Promenade at +12
allows continued
pedestrian access
even if waves are
overtopping the
seawall
Projected
j king
g tide: 2045 ((+2.73 NAVD 88))
2045 Projection from Coastal Risk Consulting Report, +5.50 King tide projection is based on mean of prediction from NOAA.
7.h.v.|Resiliency During King Tides and Minor Storms | Scale 1: 20 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Flood proong up All Interior Spaces at
to +156 +12
Page 47
7.h.v.|Resiliency During Major Storms and Flooding | Scale 1: 100 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Critical vertical lift equipment Railing wall at Promenade Lowest boats and elevators at
will be stowed at +29 limiting provides 3.5 height of additional +29 above sea level in Hurricane
exposure ood protection for commercial force wind protected shelter
space with minimal preperation.
Flood barriers would be installed
at stair and ramp entrances.
Page 48
Garage will be evacuated in
preparation for ooding and will
allow water movement through
the building.
7.i. Consistency with Virginia Key Master Plan Principles | Scale 1:100 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
N
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Virginia Key Master Plan Principles from UEL No overnight accommodations (eco camping allowed)
Workshop Sept. 27, 2009 and expand eating and public facilities and recreational
activities.
Italics are examples of compliance within the
-Three food venues, cafe, casual, and ne dining
proposal
offer multiple options
Enhance public amenities, transportation
An Accessible Place of Recreation, Heritage, and Natural
-Inclusion of water tax facilities
Conservation
Integrate Thematic Linkages: Heritage, Recreation,
-Proposal completely integrates Rusty Pelican access
Environmental Education, and Conservation of Natural
to the Marine Stadium and beyond.
Resources
Complete public access to waterfront
-Information signage will provide information about
-Pedestrians uninterrupted by boat movements
island wide restoration efforts
or vehicles
Page 50
.
7.i. Consistency with Virginia Key Master Plan Principles | Scale 1:100 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
N
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
MASTER PLAN: Commercial, Boats, and Parking PROPOSAL: Commercial, Boats, and Parking
Commercial:
~25,000 sqft in
Conceptual master plan
30,000 sqft in proposal
Reoriented to create
a main street entry and
active waterfront
Long, thin spaces allow
only small retailers
Boat storage:
3 dry storage buildings
compared to 4
Direct water access
without interfering with
Page 51
550 space garage
minimum in RFP
Different size, different
strategy
Distribute parking
across 2 levels vs. one
A PROJECT WITH NO SHOPPING CENTER, NO OVERBUILDING, NO ENCROACHMENT INTO NATURAL massive building
A
AREAS, AND RESPECTFUL OF CULTURAL AND HISTORIC SITES.
7.i. Consistency with Virginia Key Master Plan Principles | Scale 1:100 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Master plan and Proposed Plan Comparison
Boat circulation:
Conceptual master
plan has 2 access points
to the NW and NE with
drawbridges which
would interrupt other
circulation
Proposal has 3 direct
access points for dry
docks at NE, plus wet
slips at NW
Vehicle circulation:
Conceptual master
plan has multiple
parallel roads.
Proposal minimizes
Pedestrian circulation:
Page 52
waterfront access
Proposal provides
more routes separated
from vehicles
Proposal offers 4
connections to the
water vs. 1 connection
in the master plan
7.i. Consistency with Virginia Key Master Plan Principles | Scale 1:100 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
7. c. Conceptual Renderings | Aerial view of Marine Stadium and new marine campus. | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
7. c. Conceptual Renderings | View from entry drive toward the basin. | Arquitectonica Interna-
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
7. c. Conceptual Renderings | Aerial view of harbor, restaurants, and boat shelter. | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
7. c. Conceptual Renderings | Diners view of downtown from the restaurant. | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
7. c. Conceptual Renderings | View from a boat approaching the harbor.| Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
7. c. Conceptual Renderings | Baywalk view at boat ramp toward downtown.| Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
Boat Pedestrian Boat Pedestrian Boat Harbormaster
Elevator Passage Elevator Passage Elevator
ROOF 70 N.G.V.D.
Northeast Elevation
Southwest Elevation
7. c. Conceptual Renderings | Boat Shelter Elevations with mature landscape | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
Pedestrian Pedestrian
Passage Passage
7. c. Conceptual Renderings | Boat Shelter Elevation at beginning of landscape planting | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
ROOF 53 N.G.V.D.
LV-3 38 N.G.V.D.
LV-2 20 N.G.V.D.
Service Elevator Guest Elevator Drop-Off & Valet Exterior Dining, Pool Deck & Bar
East Elevation
LV-3 38 N.G.V.D.
LV-2 20 N.G.V.D.
Baywalk Exterior Dining, Pool Deck & Bar Access Road Baywalk
North Elevation
LV-3 38 N.G.V.D.
LV-2 20 N.G.V.D.
Exterior Dining, Pool Deck & Bar Drop-Off & Valet Guest Elevator Service Elevator
West Elevation
LV-3 38 N.G.V.D.
LV-2 20 N.G.V.D.
South Elevation
Commercial space
Retain existing along bay walk
commercial
buildings
Boat Shelter
Wet Slips mixed use building
public boat
ramp
Baywalk
Promenade
harbor
24,000 s.f. commercial
reception
Garage LV 1 Garage LV 1
entrance and entrance and
ramp to LV 2 ramp to LV 2
Parking:
g 297
boat
maintenance Parking: 22
Service:
1 Loading
Service:
3x Loading
Vehicle Vehicle
Ramp Ramp
Travel aisle: 67
Levels 3-5
Boats/Level: 250 Total Boats: 750
Linear Feet/Level: 12,169.5 Linear Feet Total: 36,508.5
Channel
Staging
Parking: 36 Spaces
Dr
op
-O
ff &
Va
Baywalk let
Exterior Stairr
Guest Elevator &
Stair
Service Elevator
Ground level:
Covered Porte Cochere:
Pool Deck and exterior bar
Circulation only
Gross: 760 s.f.
Restaurant Level 1 Plan | Scale 1:50 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
Dining: 3,450 s.f.
Restrooms
Level 2:
Casual Dining
6,000 s.f. Interior space
2,900 s.f. Exterior space
Direct access to pool deck
Gross: 6,000 s.f.
Net: 4,550 s.f.
Restaurant Level 2 Plan | Scale 1:50 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
Exterior: 3,700 s.f.
Level 3:
Fine Dining
5,000 s.f. Interior Space
3,700 s.f. Exterior Covered
Gross: 5,000 s.f.
Net: 3,400 s.f.
Restaurant Level 3 Plan | Scale 1:50 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
Restaurant Roof Plan | Scale 1:50 | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as final design and permitting occurs. Not all features shown on the plans will be incorporated into the final plans.
7. PROJECT PLAN
(e) Wet Slip Configuration 1. Mangroves and other native trees will be preserved on-
As shown on the plans, the wet slip marina is planned to be site.
completely reconfigured and optimized for the market. The existing 2. Native planting palette based on the restoration work
layout is very inefficient as it has a single access point to two very performed elsewhere on Virginia Key.
long docks. VKLLC looks forward to working with the City and Rusty 3. Plants will be grouped by communities based on specific
Pelican to gain a few direct access points so that the access points ecosystems appropriate to Virginia Key including, Tidal
will be much closer to the actual boat locations making for a much wetlands, Coastal Strands, and Maritime Hammocks.
more user friendly and safe marina as a boat fire at or near the 4. Plant communities will be salt tolerant and tolerant to
existing single access point would cutoff almost the entire marina periodic inundation.
from the shore. If necessary we will build a shore parallel dock 5. Building facades will be covered by vines on trellises
to provide access to the new docks. As noted above the number which will shade and protect the buildings without relying
of wet slips will be reduced to 162 from the current slip count of on water and fertilizer intensive green wall systems.
approximately 190-200 slips, although a much larger percentage 6. Similarities in planting will tie the natural areas of Virginia
of the slips will accommodate vessels of 60 feet or more in length Key to the marina village via a unified palette of plants.
actually increasing the linear footage of dockage. Moreover most 7. Planted areas will soak up and utilize storm-water as part
boats below 65 feet will be able l to be accommodated in the of an overall strategy of green infrastructure.
dry storage facility. The new slips will be designed to current and 8. Living shorelines will dampen waves while creating
anticipate future standards including additional power, sanitary aquatic and upland habitat.
pump outs at each slip along with many modern conveniences to 9. No potable water will be used for irrigation.
make the user experience truly first class. 10. Baywalk will be lined with shade trees.
11. LED site lighting will minimize light spill and energy
The outer docks will be planned for the potential future expansion consumption.
of wet slips in the west area as outlined in the Virginia Key Master
Plan. This expansion is not included with this proposal, however In general, the native planting palette will be based on the
utilities and other supporting infrastructure will be planned for this restoration work performed elsewhere on Virginia Key. Plants
potential future expansion as coordinated with the City. will be grouped by communities based on specific ecosystems
appropriate to Virginia Key including, Tidal wetlands, Coastal
(f) Construction Plan Strands, and Maritime Hammocks. Similarities in planting will tie
Figures 7.f. show the anticipated construction staging plans the natural areas of Virginia Key to the marina village via a unified
for each phase. The goal is to build efficiently while keeping as palette of plants. Planted areas will also be designed to soak up
much of the facility operating as possible. The final staging plans and utilize storm-water as part of an overall strategy of green
will have to respond to the building permit and other permit infrastructure. Living shorelines will also be utilized where possible
approvals, however, VKLLC has spent substantial time evaluating to dampen waves while creating aquatic and upland habitat. The
and preparing the Project staging based upon the permitting and Project wide baywalk will also be lined with shade trees. Lastly,
construction needs and we believe we are close to what the final buildings will also receive a natural treatment. Building facades
staging will be. will be covered by vines on trellises which will shade and protect
the buildings without relying on water and fertilizer intensive green
(g) Landscape Plan
wall systems. In regards to irrigation, no potable water will
The site plan is designed to specifically protect and enhance views
be used.
of the water from all parts of the Project and maximizes view
corridors to the water. It includes all necessary on-site parking. It (h) Resilience and Environmental Considerations
increases the amount of green space on the site and to the extent
possible, will include bio swales, rain gardens, and green roofs. i. Long-Term Resiliency of the Project
Landscaping and islands of vegetation will be used to provide shade In December, 2016, Miami-Dade County accepted the final report
and will consist of a varied selection of tropical and Florida native on the recommendations by the Miami-Dade County Sea Level
vegetation that reflects the landscape of the region. The following Rise Task Force (CCATF). The VKLLC team has reviewed projected
landscape goals and policies have guided the preparation of the sea level rise as outlined in the Task Force Report, and 100-year
landscape. level storm surges are expected at 11 above sea level in the next
two (2) years The Project design will allow rapid recovery from
current and future storm-surge flooding. The entire ground floor of also the increased groundwater levels. Collected runoff from
dry storage facility and restaurants allow water to flow through and roof leaders on buildings will minimize the need for stormwater
around structures. All new retail floors and infrastructure in the dry management infrastructure.
storage facility will be at 12 above existing sea level. With minimal
installation of flood barriers, all dry storage facility and restaurant Lastly, the impact of hurricanes or similar events on waterfront
construction is protected to 15.5 above sea level. Dry slip boat parks and marinas requires design teams to reexamine traditional
handling equipment is 20+ above sea level. The Restaurant will guidelines and engineering requirements. Our Project Team has
be 17 above sea level. Further, vertical boat launching facilities extensive experience in resilient design, as well as working through
minimize infrastructure vulnerable to flooding. Lastly, the entire site the aftermath of major events. This expertise will guide the design
is designed to channel storm-water to low-lying wetlands and back processes of the facilities at Virginia Key. Additional specific
to the bay, as more detailed herein. strategies that will be implemented are:
Utilizing a design flood elevation higher than the current
The current design will also allow continued operation during minor published FEMA maps, which may suggest increasing the
storms and future king tides which are expected to be 4 above sea height of pilings to ensure floating elements remain in place
level in 30 years. To accomplish this level of resiliency, all access, during storm surge events.
parking, and boating activities will operate 6 above sea level. Expanding use of solar powered and wireless infrastructure
. Green infrastructure components such as storm-water retention to minimize the need for conduit that may be vulnerable to
areas process and drain water will be located on-site. All planting flooding.
on-site will be salt tolerant including tolerance for limited periods of Consider use of direct burial electrical cable in place of
inundation. All docks and wet-slips will be constructed to withstand traditional conduit.
Category 3 storms. On-site back-up power will allow continued Improved gangway design to respond to increased storm
operation when power is down, as well as, on-site solar power that surge conditions.
will minimize reliance on back-up generators. Consideration and design to eliminate risk of potential
contamination from pump out utilities.
Our marina plan as proposed will be a zero discharge zone in Operational plans to depower or shut down vulnerable
the bay.. The marina will have sanitary pump out system being systems prior to storm events.
comprised of a stationary pump out system located at each wetslip
and portable pump out vehicle that can service the boats on the ii. Commitment to Protection of Environmental Assets
transient/ launch dock with pump out station will be kept available The VKLLC Project Team is aware of the impact each individual
for transiting vessels to pump out. We are exploring the grey project and building has on the environment and is committed to
water recycling systems designed by Marine Design Dynamics to do its part to contribute to a cleaner environment and to protect
treat vessel grey water, which was initially developed for the US and enhance the waterfront and existing environmental resources
Marine Corps. The system filters vessel grey water to potable water on site. The VKLLC Project Team is experienced with green design
standards prior to discharge. strategies and LEED requirements and will utilize them to guide the
development process by meeting or exceeding LEED ratings and
The Project Team will upgrade and/or improve the existing site simply emphasizing Green Awareness at the site.
infrastructure to include stormwater management system. Currently
the majority of runoff from the Project site sheet flows into the VKLLC will advance the state of the art in sustainable marina design
adjacent waters of Biscayne Bay. The site plan will be designed with at Virginia Key Harbour & Marine Center, through an integrated
perimeter grades and conveyance of runoff with associated paving design approach, sustainability and environmental enhancement
and grading. Green space will be incorporated as indicated in the has been and will be a key consideration throughout the design
architectural site plan. This stormwater management system will process, with all elements considered as part of broader systems
provide a significant improvement to the water quality within the that work together to take best advantage of all opportunities.
Biscayne Bay and ecosystem. The stormwater management design Particular sustainable design systems may include:
will account for sea level rise and will not rely on discharge through Mangroves and other native trees will be preserved on-site.
outfalls that also can contribute to site flooding during King Tide Native planting palette based on the restoration work
events. The stormwater management system will also be designed performed elsewhere on Virginia Key.
to account for the 50-year planning horizon as outlined by CCATF, Plants will be grouped by communities based on specific
which includes recommendations for not only sea level rise but ecosystems appropriate to Virginia Key including, Tidal
wetlands, Coastal Strands, and Maritime Hammocks. and boater requirements necessary to comply with Florida Clean
Plant communities will be salt tolerant and tolerant to Marina requirements, such as boat maintenance procedures, no
periodic inundation. dumping requirements, etc.
Building facades will be covered by vines on trellises which
will shade and protect the buildings without relying on water iv. History of Environmental Stewardship
and fertilizer intensive green wall systems. 1. Loggerhead Marinelife Center
Similarities in planting will tie the natural areas of Virginia
Key to the marina village via a unified palette of plants.
Planted areas will soak up and utilize storm-water as part of
an overall strategy of green infrastructure.
Living shorelines will dampen waves while creating aquatic
and upland habitat.
No potable water will be used for irrigation.
Baywalk will be lined with shade trees.
LED site lighting will minimize light spill and energy
consumption.
Boat elevator launch system will allow safe continuous
pedestrian passage during operation.
High efficiency mechanical systems will be used
Innovative structural materials and finishes will be used
where feasible In early 2017, Suntex made the acquisition of the Loggerhead
Green infrastructure components such as storm-water Marina portfolio, which is a portfolio of 11 marinas throughout
retention areas process and drain water on-site. East Florida, West Florida and South Florida. Along with the
Photovoltaic Panels - We are exploring the use of a grid acquisition Suntex made a significant philanthropic commitment to
connected photovoltaic system on the Dry storage roof to the Loggerhead Marine Life Center (LMC).
generate power to operate the office and restrooms and
Suntex committed to maintain a philanthropic partnership with
other facilities. Initial estimates show that the site may be
the LMC, a 501(c)(3) nonprofit organization with a facility
able to generate as much as 2.3 mWh per year which is
focused on ocean and sea turtle conservation, which houses
enough to power for 180 homes.
a variety of exhibits, live sea turtles, working sea turtle hospital,
Water conserving fixtures and Energy Star appliances will
and other coastal creatures. It also provides outreach programs
be used throughout the facility.
and educational experiences for children, and hosts more than
Where feasible and appropriate we will source materials
300,000 guests per year, free of charge. The center promotes
within the Project and demonstrate a preference for using
the conservation of ocean ecosystems with a special focus on
recycled or repurposed materials.
threatened and endangered sea turtles, and is recognized locally
Wi-Fi - Systems eliminate wasteful hardwired facilities and
and internationally as one of the leading authorities in sea turtle
services offered can be seamlessly upgraded with minimal
education, research, and rehabilitation.
infrastructure impacts and add enhanced guest Wi-Fi
services. LMC also manages a 9.5-mile stretch of beach in Palm Beach
Individual Metering - Water and Electrical services to slips County that is considered the epicenter of sea turtle nesting in North
will be individually metered and billed to slip holders, America. Each year the permanent staff of over 20 cares for more
encouraging conservation. than 100 rescued sea turtles, manages hundreds of volunteers and
runs the 12,000 square foot facility. Dozens of seasonal workers
iii. Florida Clean Marina Program Compliance
increase the staff count during the turtle nesting and hatching season
Additionally, design of the marina facilities will incorporate
to monitor nests, host nighttime nesting walks, and support ongoing
strategies to achieve Florida Clean Marina Program designation.
research activities. As with all of Suntexs marinas, a portion of the
The operational staff at Virginia Key Harbour & Marine Center
net proceeds will be donated to the charitable work of the LMC to
will monitor the activities of boaters in and around the boat basin,
protect marine wildlife for generations to come.
and provide clear expectations in terms of safe boat handling
2. Responsible Boater Initiative Nationwide coastal environments. The initiative is funded in partnership with
the BoatUS Foundation. The BoatUS Foundation for Boating Safety
and Clean Water is an innovative leader promoting safe, clean
and responsible boating. The Foundation provides educational
outreach directly to boaters and supports partner organizations
nationwide. With millions of boaters on the water, BoatUS aims
to reduce accidents and fatalities, increase stewardship of our
waterways and keep boating a safe and enjoyable pastime. The
BoatUS Foundation is a national 501(c)(3) nonprofit organization.
Additionally, all planting on-site will be salt tolerant including vi. Continued Operation During Minor Storms and
tolerance for limited periods of inundation. Mangroves and other King Tides
native trees will be preserved on-site. In general, the native planting The following have been incorporated to ensure continued
palette will be based on the restoration work performed elsewhere operation during minor storms and future king tides which are
on Virginia Key. Plants will be grouped by communities based on expected to be 4 above sea level in 30 years:
specific ecosystems appropriate to Virginia Key including, Tidal a. All access, parking, and boating activities operate at 6
wetlands, Coastal Strands, and Maritime Hammocks. Similarities above sea level.
in planting will tie the natural areas of Virginia Key to the marina b. Critical access points are located at 6 above sea level.
village via a unified palette of plants. Planted areas will also be c. Green infrastructure components such as storm-water
designed to soak up and utilize storm-water as part of an overall retention areas are designed to process and drain water
strategy of green infrastructure. Living shorelines will also be critical on-site.
to dampen waves while creating aquatic and upland habitat. The d. All planting on-site will be salt tolerant including tolerance
Project wide baywalk will also be lined with shade trees. Lastly, for limited periods of inundation.
buildings will also receive a natural treatment. Building facades e. All docks and wet-slips are designed to withstand
will be covered by vines on trellises which will shade and protect Category 3 storms.
the buildings without relying on water and fertilizer intensive green f. On-site back-up power will allow continued operation
wall systems. when power is down.
g. On-site solar power will minimize reliance on generators.
LED site lighting will minimize light spill and energy consumption.
Importantly, Asphalt will be replaced with light colored pavers vii. Rapid Recovery from Storm-Surge Flooding
and covered parking to minimize heat island effect. The solar The following features have been incorporated into the plans to
capacity of the Project will be 2.3 mWh per year, equivalent to help ensure Rapid recovery from storm-surge flooding (100-year
180 households, and enough to significantly or completely reduce surges expected at 11 above sea level in 2 years):
dependence of traditional power. In regards to irrigation, no a. Entire ground floor of dry storage facility and restaurants
potable water will be used for irrigation. allow water to flow through and around structures.
b. All new retail floors and infrastructure in the dry storage
VKLLC will utilize high quality point source lighting throughout the facility will be at 12 above existing sea level.
entire facility to be eco-friendly and will routinely power-down c. With minimal installation of flood barriers, all retail and
sections of the Project when areas are in limited use. office construction is protected to 15.5 above sea level.
d. Dry slip boat handling equipment is 20+ above sea level.
VKLLCs green signage philosophy will be rooted in the greater
e. Restaurant is 17 above sea level.
Biscayne Bay Environmental context and is rooted in implementing
f. Vertical boat launching facilities minimize infrastructure
sustainable solutions. Our core belief is the longer time in the life-
vulnerable to flooding.
cycle, the less time in the waste-cycle. The architectural signage
g. Site is designed to channel storm-water to low-lying
program should follow four sustainability criteria:
wetlands and back to the bay.
Durable materials and finishes ensure our products have a
long life.
Modular functionality ensures that products are designed
and built to allow for easy message updates helps extend
the life of the solution.
Recyclable materials and components enable us to
disassemble and recycle our products at the end of life.
Responsible fabricating partners and suppliers match our
eco-friendly practices and products.
(i) Consistency with Virginia Key Master Plan Further, the VKLLC plan does not have a freestanding garage at
Principles the entrance of this remarkable site. Virtually all of the parking is
hidden underneath the Dry Storage facility.
The Projects design was guided by the Virginia Key Master Plan
(VKMP) and the following planning principles: In short, not only is the VKLLC plan incompliance with
Maximize public access to the waterfront. the VKMP it is a better more efficient, environmentally
Build new revenue generating boating and related facilities. sensitive, sustainable and resilient plan than the VKMP.
Provide green alternative for parking.
Promote varied public use of the site from passive to active
and island integration.
Appropriate protection, preservation, and restoration
of natural habitat as well as enhancement of the natural
resources.
Florida Clean Marina guidelines.
Small scale marine oriented retail.
Dry Storage for 750 boats.
8.
PLAN
OPERATIONAL
8. OPERATING PLAN
(a) Improved Efficiencies of Marina Operation and As permitting and zoning hurdles are navigated, we will move each
Site Utilization Project phase forward. As each phase is designed, progresses,
As described in more detail in Section 7 above, the guiding and is later fully absorbed, we will immediately move to the next
principles followed in the preparation of the phased development phase to expedite the completion of a new unified campus. VKLLCs
plan has been to improve and make more rational the operation principals and affiliates have completed many large-scale projects
and function of the site. This is accomplished, first by having the while keeping the existing operations open for business and phasing
entire dry storage operation occur to the east of the entry drive, in new components of the projects. Logistics of parking and outside
while all of the wet slips are consolidated redeveloped and dry stack realignment will be continuously adjusted during each
improved on the west side of the entry drive thereby eliminating phase. Based upon its past experience with many properties VKLLC
major sources of conflicts with traffic and particularly forklifts is uniquely qualified to handle a project of this magnitude with so
crossing the entry drive. The increased emphasis on site wide many components and changing phases. The VKLLC Project
pedestrian access and safety coupled with centralization of ample Team has a premier team to handle every aspect of the
parking, while providing for protected drop off facilities for the wet development and have a proven track record of success
slips, will further simplify property operations, while providing easy of repositioning and redeveloping both public and
access for all patrons and customers to all portions of the property. private marina properties.
Moreover by providing covered easily accessible parking patrons
will not return to extremely hot vehicles during the summer months (c) Operations and Business Plan
when most local boating activity takes place. In short, the VKLLC VKLLC will continuously review the operating and development
plan will provide a complete organized and rational campus, plan of the Project in response to comments from the City and market
including coordination with the Rusty Pelican, for the public and conditions. VKLLC will immediately begin to upgrade the facility
property customers and patrons to enjoy, which simply does not and begin marketing efforts to rebrand and improve the image of
exist today. the Property. VKLLC Project Team will initially continue to operate
existing facilities, but upgrade the operation to operate in first-class
(b) Use of Site During Construction manner. Operations will be maintained in a manner that will lessen
and Redevelopment impact on the consumer experience, so as to minimize the negative
VKLLC will initiate permitting applications in various stages so as effects of the change of management, while continuously providing
to preserve as much of the revenue-generating business on-site upgrades to services and the facilities. Fueling will remain open
as possible. VKLLCs plan during permitting would be to take over throughout the entire construction process.
the complete facility at Rickenbacker as well as the City dry stack
immediately after selection. To maximize efficiencies and create a i. Management and Staffing
more uniform customer experience, VKLLC will operate all facilities VKLLC and its principals have repeated success in implementing
during the permitting and zoning process. Some key components operating plans and transitioning the management of marine
for creating a better experience for the customers would be to facilities. VKLLC and its marina management company will appoint
quickly align the outside dry racks so they all launch from the a general manager who will be placed at the Property and oversee
northern launch site currently utilized solely by the City. Eliminating the Project along with a separate construction manager once
the need for forklifts to cross the entrance road will allow patrons of construction begins. This general manager will hire all necessary
the marina and Rusty Pelican to move more freely and help to raise staff to maintain a smooth transition and uninterrupted operation
the facilitys standards to that of a high-end experience. It will also of the dry stack and marinas. Also, VKLLC will have a restaurant
facilitate preparations for ultimate construction. management team in place to oversee the transition of the existing
restaurant.
The wet slips will be maintained in operation during the
permitting process to ensure that the rent to the City is VKLLC and its principals have owned and managed several very
maximized from the very beginning of the Lease. The successful restaurants in the City as well as Miami Beach. The
VKLLC Team will make the facility more attractive to its customers by VKLLC has a team that can immediately step into Whiskey Joes to
cleaning the docks, removing clutter, and upgrading the customer rebrand and operate the facility. VKLLCs restaurant management
service level of the piers. Improvements will include, where possible, ability differentiates itself from the rest because of their highly
upgrading the power pedestals as well as hangars for the hoses successful experiences. Taking over Whiskey Joes immediately so
and power cords to clean and organize the piers. as to not significantly diminish its revenue-generating capacity will
be a huge benefit to the City and our new customers.
VKLLC has extensive experience in operating and enhancing ii. Green Initiatives To Be Implemented
the retail experience at marine facilities. The Plans provide for The following green initiatives will be instituted upon VKLLCs
maintaining existing services and will add more shops, office, assumption of management responsibilities:
and retail to add address the needs of all segments of the boating Initial installation of solar powered and low wattage light
community and to improve the overall experience of customers and sources to address the harbors access and security needs.
visitors to the site. Installation of solar powered, wireless security cameras at
every pier and harbor entrance.
VKLLC expects to and will be ready to take over Electric car charging station installation in the parking lots.
management and operations as soon as it is selected. Trash dumpsters will be replaced with trash compactors.
Upon selection, starting a few months before a full take-over, Initially we will add mobile pump out facilities that can
VKLLC would conduct an environmental study as well as a complete service vessels in their slips leading up to the installation of
review of documentation necessary to operate the facility. VKLLC in-slip sanitary pump out systems at every in water slip for
will also survey the machinery, equipment, and docks to assess customer convenience and environmental protection.
what is needed for the operations to continue and be improved. Trash will be recycled by material type.
Security guards will ride/patrol their respective properties
An overview of VKLLCs management operating plan is as follows,
on foot, bicycle, or golf cart as appropriate to the location
with the understanding that since all marine properties vary in size
on the property.
and scope of needs, some of the below-listed positions may not be
required or more than one of the responsibilities may be combined iii. Staff Training
under a single employees duties: In order to prepare for operations, VKLLC will institute rigorous
A Manager will be responsible for all operations at his/her training objectives to ensure that staff is well prepared to provide
property (Weekends; requires 40 hour weeks) the highest and best quality of service to all customers and visitors.
A Maintenance Supervisor will oversee/repair all physical Staff training will be implemented and consist of the following:
aspects of property facilities that fall within the skill set of All employees will sign an affidavit certifying they have
the employee(s) of that department. If the work required read and understand all aspects covered in the Employee
is beyond skill level and within predetermined levels, Manual.
Supervisor will arrange for and coordinate the repair/ The Onsite Manager or Shift Supervisor will instruct and train
replacement of facility components as required. In all cases each employee pursuant to a Dockhand Training Checklist
the work will be coordinated with the manger (5 days/week). which will become a permanent part of their file and will be
Along with the Manager a Leasing/Accounting Supervisor regularly reviewed for completeness.
will oversee the entire leasing, occupancy, and collections The Manager will coordinate with the Coast Guard and
relating to the property operation including the dry storage City marine patrol all marina procedures, operations, and
launch and the fuel sales (5 days/week). conditions relative to the facilitys security readiness and
A dry storage Ramp Launch Supervisor will oversee all post in a conspicuous location the current Mar Sec
aspects of dry storage and ramp launch facility from readiness rating.
registration validation to vessel condition on launch and The Manager and the Shift Supervisors will meet with the
retrieval (7 days/week). local police and fire department officials, so that both
A Dock Master Supervisor will oversee all aspects of the wet entities and operations personnel understand what is
slip marina operations form vessel arrivals and registrations expected of the other and the procedures to follow in the
to final clean up at the end of each day (7 days/week). case of an emergency or fire.
A Fueling Supervisor will oversee all aspects of fueling All fuel dock personnel will receive personal and video
operation from environmental compliance to on-site training on environmental protection protocols relative to
inventory control to payment by customer and fueling of fuel spill control from the Designated First Responder
vessels (Fuel Dock hours). and the insurance carrier that provides insurance for
An Operations Supervisor will oversee and perform all environmental issues.
necessary functions in order to maintain, protect and assist The International Marina Institute publishes a Marina
the property patrons, the facility, and the non-boaters using Operators Training guide which provides the essentials (by
the facility to ensure a clean, safe wholesome environment subject matter) necessary for the operation of a proper, first
for all (7 days/week - 2 shifts).
class marina operation. This guide details by category, the MARINA RESTAURANT TOTAL JOBS
subject matter covered during the onsite training of a new
CONSTRUCTION 460 123 483
staff member as well as the refresher training of existing
DIRECT 134 232 366
staffers and will be used by VKLLC.
INDIRECT 158 173 331
iv. Customer Service TOTAL JOBS 752 528 1,280
The following customer service guidelines will be followed in the
operations of the Project: (e) Consistency with Virginia Key Master Plan
Every new vessel that arrives at the marina will receive Principles
a Welcome package which is intended to assist and Section 7 above provides a detailed review and analysis of the
familiarize the new arrival with the surrounding area. Project plan compliance with the Virginia Key Master plan, but
Customer satisfaction referral cards will be provided to each from a Business and Operational plan standpoint the
vessel. The owner will be requested to complete and rate the most important aspects are that the facilities including
vessels experience during its stay at the facility. These cards the Dry Storage facility, the wet slips, the restaurants,
will be preaddressed, so that this rating process can occur parking and ancillary retail facilities are all in keeping
any time during or after the vessels stay. with the size and scale and even location envisioned in
Emails will be sent regularly to our customer base, so that the VKMP.
every customer is apprised of upcoming marina events and
activities as well as those waterfront events occurring in
Greater Miami.
Good communication coupled with customer respect and
first-class service is the best formula that ensures customer
satisfaction and reinforces any business relationship. When
possible, office personnel will regularly review and receive
training through hospitality training CDs. This training will be
further reinforced by offering, receiving, and responding to
customers suggestions or comments made through comment
cards, emails and/or by telephone (all summarized and
logged in at the main office of each facility); all of which will
be reviewed, commented on by each harbor master, and
forwarded to the Managers office.
80 Channel: 2-way
y trafc + docking
g
Page 62
60
.
N
8.b. Aesthetics & Functionality | Boat circulation and fueling | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Virginia Key Marina
|
RFP No. 16-17-011
Page 63
Pedestrian paths Bicycle lanes
Bay walk and primary routes Shared-use path
(Min. 14 wide)
Bicycle parking
Taxi, ride-share
drop p off
N
8.b. Aesthetics & Functionality | Automobile Circulation Plan | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Channel for boat show is outside the marina channel.
The entrance to channel would need to be adjusted upon completion of Phase 3B.
|
will allow pedestrians to
feel safe without ruining
views.
Entrance
Map
Information
8.b. Aesthetics & Functionality | Sign locations and materials | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
Aero-Dock
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Page 68
A boat
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8. b. Safety | Pedestrian and Boat separation | Arquitectonica International
City of Miami Department of Real Estate & Asset Management Request for Proposals (RFP) No. 16-17-011
These plans are conceptual plans. As such they are subject to change as additional investigation is performed and as nal design and permitting occurs. Not all features shown on the
plans will be incorporated into the nal plans.
13,000 sqft
Restaurants
North Surface Parking
36 Spaces
Existing
Commercial Boat Shelter
Boats up to 65 ft. and 175,000 pounds (or more) can be stored on any level
Page 70
Boats can be stored 3 to 5 deep if required
Total Security
High throughput of boats
Reduced Insurance Premiums for building and boat owners
Quiet and green electrical operation
Redundant motors/drives assures 99.9% operation and simple maintenance
Automation equipment designed and backed by Rockwell Automation
(a $6.7 Billion/year 101 year old Company)
3. A boat tug mounted on rails lifts the Hurricane rated building
boat and transports it inside. Higher service level for customers
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Page 71
N
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RFP No. 16-17-011
Page 72
Plan Z Compatibility
Main Path is on the west side of the causeway away from our site.
Interference should be minimal (road alignment cannot change signicantly due to proximity to bridge)
IF Plan Z requires the causeway to move east, our proposal will accomodate it:
- Increased berm height allows for increased storm water storage capacity in a narrower swale
-Shared use path is realigned away from causeway so expansion will not interfere with pedestrian access
seaboard from Boston to Key West to advertise and promote With partner Corporate Realty Advisors (CRA), a leader in
Virginia Key Harbour & Marine Center. Given the substantial and restaurant real estate, VKLLC will implement an effective market
affluent audience base of the local, regional, and visitor population development strategy to place premium restaurant brands in the
to draw upon, a new modern waterfront facility and campus would location, make the proposed restaurants among the top-producing
instantly have a draw that no other location would have. We will restaurant venues in South Florida, and drive restaurant sales.
pursue a creative marketing campaign with a comprehensive
launch plan announcing the beginning of a new era in the history of Marketing and advertising efforts will also be dedicated to hosting
Virginia Key. The perception in the market will be one of modernity events and facilitating community engagement. As it has done in
and quality yet maintain the Marina village concept of the plans. the past, VKLLC will host fishing tournaments, sailing regattas, and
The marketing plan will be continually adapted to the evolving recreational activities design to reach all segments of the boating
business plan and continue to be conformed to the realities of the community. This multipronged approach to marketing will ensure
Project, its development, and market conditions. that the Project has the visibility to succeed and attract positive
attention and a strong customer base.
The marketing plan will include marketing and advertising in
publications and online for the marinas, dry stack, marine services, VKLLC has already implemented some of its proposed
and products. Active boaters engage in internet research to find marketing strategy resulting in signed letters of
relevant boating and marina information and make purchasing interest for the proposed retail and restaurant uses
decisions. With marketing consultants Dockwa VKLLC and its of the Project as reflected in the letters of interest
extensive network of marinas throughout south Florida and the from Marine Max, Contender Boats, Miami Beach
entire eastern seaboard will create a website and a social media DeliMarket, Denison Yachting, Tarpoon Lagoon Dive
presence and even an application for smart phones that will permit Center, Sector 7 Ships store attached as Schedule B to
online bookings for slip reservations and enhance e-marketing Appendix 3 attached below.
and the Projects visibility to current and potential customers. The (c) Economic Feasibility
Projects entire web presence will be focused on reaching target
markets efficiently and establishing deep engagement levels. i. Projected Development Schedule
VKLLC will use search engine optimization to drive online traffic The projected development schedule is discussed in detail in Section
from search results on search engines to the Projects website. 7 above but for convenience we have included the schedule
graphic here again.
Dockwa is the number one resource for boaters to find information
regarding slips, services, and marine products. It reaches over ii. Revenue and Operating Expense Analysis Based
12 million people per year, including sophisticated boaters who Upon Development Schedule
plan, cruise, and explore the world. With Marinas.com, VKLLC will
Based upon it extensive real world experience with
position and brand Virginia Key Harbour & Marine Center as a
marina operations here in South Florida and the state,
market leader in the marine industry.
with more than 17 marinas owned and or operated
VKLLC will use its existing relationships to advertise in national around the state and 12 in Miami-Dade and Broward
publications, such as Waterway Guide. Existing relationships with alone, and currently 47 marinas throughout the eastern seaboard
and participation in marine associations will also be leveraged and the Midwest, VKLLC has undertaken a detailed
by VKLLC to market and advertise Virginia Key Harbour & analysis of the projected revenue generation broken
Marine Center and its services. Through its online presence and down by each revenue source for each phase of the
relationships with marine associations and publications, VKLLC will Project for each year for the first 15 years of the lease as
maintain constant communication with targeted audiences to share required by the RFP. This analysis is presented in the attached
information about events, social activities, promotions, the status chart entitled Financial Analysis--Phased Revenue Creation. VKLLC
of the Projects development, and slip availability. Communication has also provided a chart of the cost break down of projected
efforts and public information will be based on the careful Stabilized Operating Expenses along with a Phased Capital outlay
analysis of potential audiences and the development of printed schedule for the entire Project. Based upon its vast experience
and electronic marketing materials that match the needs of those owning, developing, financing and operating its collective marina
audiences. portfolio,, which is the largest such portfolio in the Country, it has
combined that information into a detailed projection of Phased Net
Operating Income projected for each year for the first 15 years of
the lease. Finally, VKLLC has presented a projection of the expected
rent and the city share of the real estate taxes over the course of the
entire 75 year lease. All of these analyses and carts are attached.
STABILIZED OPERATIONS
WET SLIPS NUMBER SIZE (FEET) $/FT./MO. PER SLIP MONTH ANNUAL 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
EXISTING WET SLIPS PHASED OUT AS NEW WET SLIPS ARE CONSTRUCTED $ 1,548,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
MARINA -WET 28 40 $ 36 $ 1,440 $ 40,320 $ 483,840 $ 400,000 $ 290,304 $ 398,684 $ 468,454 $ 482,508 $ 496,983 $ 511,892 $ 527,249 $ 543,066 $ 559,358 $ 576,139 $ 593,423 $ 611,226 $ 629,563 $ 648,450
MARINA -WET 66 60 $ 38 $ 2,280 $ 150,480 $ 1,805,760 $ - $ 1,083,456 $ 1,487,946 $ 1,748,337 $ 1,800,787 $ 1,854,811 $ 1,910,455 $ 1,967,769 $ 2,026,802 $ 2,087,606 $ 2,150,234 $ 2,214,741 $ 2,281,183 $ 2,349,619 $ 2,420,107
MARINA -WET 28 75 $ 42 $ 3,150 $ 88,200 $ 1,058,400 $ - $ 635,040 $ 872,122 $ 1,024,743 $ 1,055,485 $ 1,087,150 $ 1,119,764 $ 1,153,357 $ 1,187,958 $ 1,223,597 $ 1,260,304 $ 1,298,114 $ 1,337,057 $ 1,377,169 $ 1,418,484
MARINA -LIFTS 40 40 $ 44 $ 1,760 $ 70,400 $ 844,800 $ 352,000 $ 768,768 $ 834,662 $ 868,049 $ 902,771 $ 938,882 $ 976,437 $ 1,015,494 $ 1,056,114 $ 1,098,359 $ 1,142,293 $ 1,187,985 $ 1,235,504 $ 1,284,924 $ 1,336,321
MARINA TOTAL (2) 162 $ 349,400 $ 4,192,800 $ 2,300,000 $ 2,777,568 $ 3,593,414 $ 4,109,582 $ 4,241,550 $ 4,377,825 $ 4,518,548 $ 4,663,869 $ 4,813,940 $ 4,968,919 $ 5,128,971 $ 5,294,263 $ 5,464,970 $ 5,641,275 $ 5,823,362
DRY RACK
EXISTING DRY RACKS PHASED OUT AS NEW FACILITIES ARE CONSTRUCTED $ 3,400,000 $ 800,000 $ 500,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
BUILDING PH 1 W/DOCKMSTR 282 35 $ 41 $ 1,435 $ 404,670 $ 4,856,040 $ - $ 2,913,624 $ 4,800,000 $ 4,944,000 $ 5,092,320 $ 5,245,090 $ 5,402,442 $ 5,564,516 $ 5,731,451 $ 5,903,395 $ 6,080,496 $ 6,262,911 $ 6,450,799 $ 6,644,323 $ 6,843,652
BUILDING PH 2 180 35 $ 42 $ 1,470 $ 264,600 $ 3,175,200 $ - $ - $ 1,587,600 $ 3,000,000 $ 3,090,000 $ 3,182,700 $ 3,278,181 $ 3,376,526 $ 3,477,822 $ 3,582,157 $ 3,689,622 $ 3,800,310 $ 3,914,320 $ 4,031,749 $ 4,152,702
BUILDING PHASE 3 288 35 $ 43 $ 1,505 $ 433,440 $ 5,201,280 $ - $ - $ - $ 3,120,768 $ 5,100,000 $ 5,253,000 $ 5,410,590 $ 5,572,908 $ 5,740,095 $ 5,912,298 $ 6,089,667 $ 6,272,357 $ 6,460,527 $ 6,654,343 $ 6,853,974
DRY RACK TOTAL (2) 750 $ 1,102,710 $ 13,232,520 $ 3,400,000 $ 3,713,624 $ 6,887,600 $ 11,064,768 $ 11,396,711 $ 13,680,790 $ 14,091,213 $ 14,513,950 $ 14,949,368 $ 15,397,849 $ 15,859,785 $ 16,335,578 $ 16,825,646 $ 17,330,415 $ 17,850,327
FUELING
DRY RACK FUEL - GAS $4.00/GAL.@ 70,000.GAL/MO $ 280,000 $ 3,360,000 $ - $ 1,500,000 $ 2,688,000 $ 3,024,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000
EXISTING FUEL DOCK - GAS & DSL $2.80/GAL.@ 30,000.GAL/MO $ 84,000 $ 1,008,000 $ 1,300,000 $ 900,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000
COMMERCIAL
EXISTING BUILDINGS 8,000 SQ.FT.AT $48.00/FT. TRIPLE NET $ 32,000 $ 384,000 $ 300,000 $ 309,000 $ 318,270 $ 327,818 $ 430,000 $ 442,900 $ 456,187 $ 469,873 $ 483,969 $ 498,488 $ 513,442 $ 528,846 $ 544,711 $ 561,052 $ 577,884
COMMERCIAL TENANTS - PHASE 1 12,000 SQ.FT.AT $48.00/FT. TRIPLE NET $ 48,000 $ 576,000 $ - $ 288,000 $ 576,000 $ 593,280 $ 611,078 $ 629,411 $ 648,293 $ 667,742 $ 687,774 $ 708,407 $ 729,660 $ 751,549 $ 774,096 $ 797,319 $ 821,238
COMMERCIAL TENANTS - PHASE 2 5,000 SQ.FT.AT $48.00/FT. TRIPLE NET $ 20,000 $ 240,000 $ 120,000 $ 240,000 $ 247,200 $ 254,616 $ 262,254 $ 270,122 $ 278,226 $ 286,573 $ 295,170 $ 304,025 $ 313,146 $ 322,540 $ 332,216
COMMERCIAL TENANTS - PHASE 3 8,000 SQ.FT.AT $47.00/FT. TRIPLE NET $ 54,000 $ 648,000 $ - $ - $ - $ 324,000 $ 583,200 $ 600,696 $ 618,717 $ 637,278 $ 656,397 $ 676,089 $ 696,371 $ 717,262 $ 738,780 $ 760,944 $ 783,772
COMMERCIAL TOTAL (2) $ 1,848,000 $ 300,000 $ 597,000 $ 1,014,270 $ 1,485,098 $ 1,871,478 $ 1,927,623 $ 1,985,451 $ 2,045,015 $ 2,106,365 $ 2,169,556 $ 2,234,643 $ 2,301,682 $ 2,370,733 $ 2,441,855 $ 2,515,110
RESTAURANTS
RESTAURANT-CASUAL 7% TRIPLE NET - $7.0 M GROSS $ 40,833 $ 490,000 $ - $ 280,000 $ 350,000 $ 420,000 $ 432,600 $ 445,578 $ 458,945 $ 472,714 $ 486,895 $ 501,502 $ 516,547 $ 532,043 $ 548,005 $ 564,445 $ 581,378
RESTAURANT-TABLE CLOTH 7% TRIPLE NET - $5.0 M GROSS $ 29,167 $ 350,000 $ - $ 200,000 $ 275,000 $ 350,000 $ 360,500 $ 371,315 $ 382,454 $ 393,928 $ 405,746 $ 417,918 $ 430,456 $ 443,370 $ 456,671 $ 470,371 $ 484,482
RESTAURANT TOTAL $ - $ 480,000 $ 625,000 $ 770,000 $ 793,100 $ 816,893 $ 841,400 $ 866,642 $ 892,641 $ 919,420 $ 947,003 $ 975,413 $ 1,004,675 $ 1,034,816 $ 1,065,860
TOTAL REVENUES PHASED IN BY YEAR OF DEVELOPED OPERATIONS AS PERMITTED AND BUILT $ 7,300,000 $ 9,968,192 $ 15,816,284 $ 21,461,449 $ 22,670,840 $ 25,171,130 $ 25,804,613 $ 26,457,476 $ 27,130,315 $ 27,823,745 $ 28,538,401 $ 29,274,936 $ 30,034,024 $ 30,816,360 $ 31,622,660
CITY OF MIAMI PORTION OF REAL ESTATE TAXES PHASED IN BASED ON SITE REDEVELOPEMENT PROGRESS
****CONSUMERS PRIC INDEX NOTE ****
PURSUANT TO THE "HISTORICAL CONSUMER PRICE INDEX DATA" PUBLISHED YEAR 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
MAY 12, 2017, SHOWS THAT THE 2016 PURCHASING POWER OBTAINABLE TOTAL R.E. TAXES/YR. (1) $ 200,000 $ 500,000 $ 800,000 $ 1,000,000 $ 1,030,000 $ 1,060,900 $ 1,092,727 $ 1,125,509 $ 1,159,274 $ 1,194,052 $ 1,229,874 $ 1,266,770 $ 1,304,773 $ 1,343,916 $ 1,384,234
FROM $240.01 WAS EQUILIVENT TO THE PURCHASING POWER OF $82.40 MIAMI'S PORTION @ 38% $ 76,000 $ 190,000 $ 304,000 $ 380,000 $ 391,400 $ 403,142 $ 415,236 $ 427,693 $ 440,524 $ 453,740 $ 467,352 $ 481,373 $ 495,814 $ 510,688 $ 526,009
IN 1980. THEREFORE, THAT 1980 DOLLAR HAD TO GROW AT AN ANNUAL COM- TOTAL OF MIAMI'S PORTION $ 76,000 $ 266,000 $ 570,000 $ 950,000 $ 1,341,400 $ 1,744,542 $ 2,159,778 $ 2,587,472 $ 3,027,996 $ 3,481,736 $ 3,949,088 $ 4,430,460 $ 4,926,274 $ 5,436,962 $ 5,962,971
POUNDED RATE OF 3.01% IN ORDER TO PURCHASE THE SAME AMOUNT IN 2016.
CITY OF MIAMI RENT PHASED IN BASED ON SITE REDEVELOPEMENT PROGRESS
**** FOOTNOTES **** YEAR 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
NOTE: 1) TOTAL RE TAX AMOUNT INCLUDED IN GENERAL EXPENSES. FIXED RENT - PHASED IN $ 2,150,000 $ 2,150,000 $ 2,214,500 $ 2,280,935 $ 2,349,363 $ 2,419,844 $ 2,492,439 $ 2,567,212 $ 2,644,229 $ 2,723,556 $ 2,805,262 $ 2,889,420 $ 2,976,103 $ 3,065,386 $ 3,157,347
2) A VACANCY FACTOR OF 5.0% HAS BEEN INCORPORATED IN THE % RENT PHASED IN $ 438,000 $ 598,092 $ 948,977 $ 1,287,687 $ 1,360,250 $ 1,510,268 $ 1,548,277 $ 1,587,449 $ 1,627,819 $ 1,669,425 $ 1,712,304 $ 1,756,496 $ 1,802,041 $ 1,848,982 $ 1,897,360
RENTAL REVNUES SCHEDULED ABOVE.
TOTAL RENT $ 2,588,000 $ 2,748,092 $ 3,163,477 $ 3,568,622 $ 3,709,613 $ 3,930,112 $ 4,040,716 $ 4,154,661 $ 4,272,048 $ 4,392,980 $ 4,517,566 $ 4,645,916 $ 4,778,144 $ 4,914,368 $ 5,054,707
REVENUES 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
NEW MARINA $ 2,300,000 $ 2,777,568 $ 3,593,414 $ 4,109,582 $ 4,241,550 $ 4,377,825 $ 4,518,548 $ 4,663,869 $ 4,813,940 $ 4,968,919 $ 5,128,971 $ 5,294,263 $ 5,464,970 $ 5,641,275 $ 5,823,362
DRY RACK $ 3,400,000 $ 3,713,624 $ 6,887,600 $ 11,064,768 $ 11,396,711 $ 13,680,790 $ 14,091,213 $ 14,513,950 $ 14,949,368 $ 15,397,849 $ 15,859,785 $ 16,335,578 $ 16,825,646 $ 17,330,415 $ 17,850,327
TOTAL DOCKAGE $ 5,700,000 $ 6,491,192 $ 10,481,014 $ 15,174,350 $ 15,638,261 $ 18,058,614 $ 18,609,762 $ 19,177,819 $ 19,763,308 $ 20,366,769 $ 20,988,755 $ 21,629,841 $ 22,290,616 $ 22,971,689 $ 23,673,689
FUELING - DRY RACK $ - $ 1,500,000 $ 2,688,000 $ 3,024,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000 $ 3,360,000
FUELING- MARINA $ 1,300,000 $ 900,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000 $ 1,008,000
TOTAL FUEL $ 1,300,000 $ 2,400,000 $ 3,696,000 $ 4,032,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000 $ 4,368,000
COMMERCIAL $ 300,000 $ 597,000 $ 1,014,270 $ 1,485,098 $ 1,871,478 $ 1,927,623 $ 1,985,451 $ 2,045,015 $ 2,106,365 $ 2,169,556 $ 2,234,643 $ 2,301,682 $ 2,370,733 $ 2,441,855 $ 2,515,110
RESTAURANTS $ - $ 480,000 $ 625,000 $ 770,000 $ 793,100 $ 816,893 $ 841,400 $ 866,642 $ 892,641 $ 919,420 $ 947,003 $ 975,413 $ 1,004,675 $ 1,034,816 $ 1,065,860
TOTAL UPLANDS RENTS $ 300,000 $ 1,077,000 $ 1,639,270 $ 2,255,098 $ 2,664,578 $ 2,744,516 $ 2,826,851 $ 2,911,657 $ 2,999,006 $ 3,088,977 $ 3,181,646 $ 3,277,095 $ 3,375,408 $ 3,476,670 $ 3,580,971
TOTAL REVENUES $ 7,300,000 $ 9,968,192 $ 15,816,284 $ 21,461,449 $ 22,670,840 $ 25,171,130 $ 25,804,613 $ 26,457,476 $ 27,130,315 $ 27,823,745 $ 28,538,401 $ 29,274,936 $ 30,034,024 $ 30,816,360 $ 31,622,660
OPERATING EXPENSES
PROFESSIONAL, PERMITTING FEES $ 1,000,000 $ 500,000 $ 500,000 $ 50,000 $ 52,500 $ 55,125 $ 57,881 $ 60,775 $ 63,814 $ 67,005 $ 70,355 $ 73,873 $ 77,566 $ 81,445 $ 85,517
GENERAL (+4.0%/YEAR) $ 1,500,000 $ 2,500,000 $ 3,000,000 $ 3,960,000 $ 4,118,400 $ 4,283,136 $ 4,454,461 $ 4,632,640 $ 4,817,945 $ 5,010,663 $ 5,211,090 $ 5,419,533 $ 5,636,315 $ 5,861,767 $ 6,096,238
PAYROLL,FICA, ETC. (+5.0%/YEAR) $ 800,000 $ 850,000 $ 900,000 $ 1,100,000 $ 1,155,000 $ 1,212,750 $ 1,273,388 $ 1,337,057 $ 1,403,910 $ 1,474,105 $ 1,547,810 $ 1,625,201 $ 1,706,461 $ 1,791,784 $ 1,881,373
CREDIT CARD ( 2.5% OF FUEL+DCKS ) $ 175,000 $ 222,280 $ 354,425 $ 480,159 $ 500,157 $ 560,665 $ 574,444 $ 588,645 $ 603,283 $ 618,369 $ 633,919 $ 649,946 $ 666,465 $ 683,492 $ 701,042
MANAGENT AND LEASING $ 438,000 $ 598,092 $ 948,977 $ 1,287,687 $ 1,360,250 $ 1,510,268 $ 1,548,277 $ 1,587,449 $ 1,627,819 $ 1,669,425 $ 1,712,304 $ 1,756,496 $ 1,802,041 $ 1,848,982 $ 1,897,360
RESERVES FOR REPLACEMENT @ 2.5% 0 0 0 $ 536,536 $ 566,771 $ 629,278 $ 645,115 $ 661,437 $ 678,258 $ 695,594 $ 713,460 $ 731,873 $ 750,851 $ 770,409 $ 790,566
TOTAL OPERATING EXP. B/RENT $ 3,913,000 $ 4,670,371 $ 5,703,402 $ 7,414,382 $ 7,753,078 $ 8,251,222 $ 8,553,566 $ 8,868,003 $ 9,195,029 $ 9,535,161 $ 9,888,938 $ 10,256,923 $ 10,639,700 $ 11,037,879 $ 11,452,097
LESS: CITY RENT - FIXED $ 2,150,000 $ 2,150,000 $ 2,214,500 $ 2,280,935 $ 2,349,363 $ 2,419,844 $ 2,492,439 $ 2,567,212 $ 2,644,229 $ 2,723,556 $ 2,805,262 $ 2,889,420 $ 2,976,103 $ 3,065,386 $ 3,157,347
LESS: CITY RENT - PERCENTAGE $ 438,000 $ 598,092 $ 948,977 $ 1,287,687 $ 1,360,250 $ 1,510,268 $ 1,548,277 $ 1,587,449 $ 1,627,819 $ 1,669,425 $ 1,712,304 $ 1,756,496 $ 1,802,041 $ 1,848,982 $ 1,897,360
TOTAL CITY RENT $ 2,588,000 $ 2,748,092 $ 3,163,477 $ 3,568,622 $ 3,709,613 $ 3,930,112 $ 4,040,716 $ 4,154,661 $ 4,272,048 $ 4,392,980 $ 4,517,566 $ 4,645,916 $ 4,778,144 $ 4,914,368 $ 5,054,707
TOTAL OPERATING EXPENSES $ 6,501,000 $ 7,418,463 $ 8,866,879 $ 10,983,004 $ 11,462,691 $ 12,181,334 $ 12,594,282 $ 13,022,664 $ 13,467,076 $ 13,928,141 $ 14,406,505 $ 14,902,839 $ 15,417,844 $ 15,952,247 $ 16,506,804
NET PROFIT B/DEBT SERVICE $ 799,000 $ 2,549,729 $ 6,949,405 $ 10,478,445 $ 11,208,149 $ 12,989,796 $ 13,210,330 $ 13,434,812 $ 13,663,238 $ 13,895,604 $ 14,131,897 $ 14,372,097 $ 14,616,180 $ 14,864,113 $ 15,115,856
DEBT SERVICE
MORTGAGE P & I (INT. ONLY @8%, YRS1-3) $ 2,400,000 $ 3,200,000 $ 4,000,000 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640 $ 5,018,640
PERMANENT = $50,000,000., 8% - 20 YRS.
NET INCOME AFTER DEBT SERVICE $ (1,601,000) $ (650,271) $ 2,949,405 $ 5,459,805 $ 6,189,509 $ 7,971,156 $ 8,191,690 $ 8,416,172 $ 8,644,598 $ 8,876,964 $ 9,113,257 $ 9,353,457 $ 9,597,540 $ 9,845,473 $ 10,097,216
IRR STREAM OF EQUITY & CASH FLOWS $ (11,601,000) $ (10,650,271) $ (7,050,595) $ 5,459,805 $ 6,189,509 $ 7,971,156 $ 8,191,690 $ 8,416,172 $ 8,644,598 $ 8,876,964 $ 9,113,257 $ 9,353,457 $ 9,597,540 $ 9,845,473 $ 10,097,216
NOTE: 1.) NET PRESENT VALUE OF TOTAL PROJECTED RENTS PAID TO CITY OF MIAMI DURING THE YEARS 1-15 OF LEASE = $41,850,704.
2.) INTERNAL RATE OF RETURN GENERATED BY ABOVE OPERATIONS SCHEDULE, RENT PAYMENTS, DEBT SERVICE AND RESERVES = 18.70%
EMPLOYEE PAYROLL
PAYROLL $ 875,000
PAYROLL TAXES $ 75,000
WORKMANS COMP. $ 65,000
INS. AND BENEFITS $ 75,000
UNIFORMS $ 10,000
EMPLOYEE TOTAL $ 1,100,000
GENERAL EXPENSES
RUBBISH REMOVAL $ 120,000
SECURITY SERVICES $ 270,000
CABLE TV SERVICES $ 18,000
GUEST SERVICES $ -
JANITORIAL SERVICES $ 48,000
LANDSCAPING $ 48,000
EXTERMINATING $ 3,000
TELEPHONE $ 24,000
UTILITIES-GAS $ -
UTILITIES-ELECTRIC $ 600,000
UTILITIES-WATER/SEWER $ 80,000
POSTAGE $ 24,000
SUPPLIES-OFFICE $ 36,000
SUPPLIES-OPERATING $ 60,000
REPAIRS & MAINT. $ 240,000
EQUIPMENT RENTAL $ 24,000
ADVERTISING & PROMO. $ 99,000
TRAVEL & ENTERTAIN $ 18,000
TAXES & LICENSES $ 12,000
MISCELLANEOUS $ 36,000
REAL ESTATE TAXES $ 1,000,000
INSURANCE-LIAB & PROP. $ 1,200,000
GENERAL EXPENSES $ 3,960,000
WET SLIPS
MARINA
MARINA -WET $ 2,000,000 $ 7,000,000 $ 3,000,000 $ 12,000,000
MARINA -LIFTS $ 2,000,000 - - $ 2,000,000
MARINA TOTAL $ 14,000,000
DRY RACK
BUILDING PH 1 W/DOCKMSTR $ 18,000,000 - - $ 18,000,000
BUILDING PHASE 2 - $ 9,500,000 $ - $ 9,500,000
BUILDING PHASE 3 - - $ 16,500,000 $ 16,500,000
STAGING DOCK - PH1 $ 1,000,000 - - $ 1,000,000
STAGING DOCK - PH2 - $ 250,000 $ 250,000
STAGING DOCK - PH3 - - $ 450,000 $ 450,000
DRY RACK TOTAL $ 45,700,000
YEAR 1 2 3 4 5
YEAR 6 7 8 9 10
YEAR 11 12 13 14 15
Prepared by:
(305) 230-1924
www.moffattnichol.com
January, 2016
May, 2017 Revised
TABLE OF CONTENTS
LIST OF FIGURES
Figure 1: Market Area - Miami-Dade and Broward Counties ....... 6 Figure 4: Population Growth ....................................................... 10
INTRODUCTION
Figure 2: Marina Market Study Area in Miami-Dade County ....... 6 Figure 5: Vessel Registration Trends ........................................... 11
Figure 3: Project Vicinity ............................................................... 6 Figure 6: Project Site Plan ........................................................... 15
Table 1: Registered Boat Trends in Miami-Dade County............. 7 Table 7: Competing Marinas ...................................................... 18
Table 3: Regional Slip Mix .......................................................... 12 Table 8: Competing Marinas Slip Mix ........................................ 18
Table 4: Regional Marina Amenities .......................................... 12 Table 9: Competing Marinas Rates ............................................ 18
Table 5: Slip Mix ......................................................................... 15
LIST OF PHOTOS
Photo 1: Traffic Jam into Crandon Park Boat Ramp 11/28/15 .......... 8 Photo 3: Exterior Dry Slips at Rickenbacker Marina ........................ 14
Photo 2: Vessel day anchorage near Project site (May, 2017) .......... 9 Photo 4: Ground stands at Marine Stadium Marina ........................ 14
INTRODUCTION
Marina Market Analysis Virginia Key Harbour & Marine Center 3
INTRODUCTION
The City of Miami (City) advertised a Request for Proposals (RFP) 16- The Developer has compiled a site redevelopment plan as part of the
17-011 for the lease of City-owned waterfront property for marina RFP submittal for the Virginia Key Harbour & Marine Center (Project).
and restaurant uses (superseding RFP 12-14-077). The property is Additionally, CBRE prepared a Consultation Report (CBRE 16-397MI-
located on Virginia Key and two marinas are currently operated on 1811-1, dated October 20, 2016) to aid the Developers marina
the site; Rickenbacker Marina and Marine Stadium Marina. According programming through an analysis of internal asset management. M
to CBRE, the upland and submerged land property is approximately & N has coordinated with the Project team in the marina planning for
26.65 acres, with the submerged lands area being approximately 17 the Project to optimize the wet and dry slip mix for the anticipated
acres (additional submerged land may be available to the west of the market in southeast Florida. Further information on the Project is
Project Site). Required uses outlined in the RFP include a dockmaster detailed in Proposed Project section of this report.
office, ships store, fuel facilities, restaurant and required parking.
Additional programming includes a public boat ramp and baywalk. Approach
The goal of the Citys RFP is to encourage an integrally planned and
The approach to this analysis is in three parts. The first part is to
designed development vision for the property. Other objectives of
provide a detailed inventory and summary of the existing marina
the RFP process include:
market to document occupancy, seasonality, and type of facility. This
Convert the existing facility into a modern world-class information is based on site visits, knowledge of the Miami-Dade
facility using state-of-the-art technology and including County market, and desktop research into existing facilities.
ancillary uses that complement the Propertys setting and The second part of this report includes analysis of the target facility
geographical location, aimed to stimulate widespread the Virginia Key Harbour & Marine Center (Project) against the
interest in the waterfront Property. broader comparable marina market. This analysis includes identifying
Provide for the development of a mixed-use competing facilities and comparing services offered, rates, and
marina/restaurant and waterfront destination, portraying a amenities.
unified and integrated marina that seamlessly interacts with
adjacent restaurants and facilities The third part of the market analysis is to optimize the marina
redevelopment planning for the anticipated market.
Moffatt & Nichol (M & N) has been retained by Virginia Key, LLC
(Developer) to prepare the Market Analysis as outlined in Section IV
9 of the RFP.
INTRODUCTION
Marina Market Analysis Virginia Key Harbour & Marine Center 4
MARKET AREA
South Florida is a world-renowned mecca for boating. Boating and waterfront development/amenities. Potential customers include
marina industry trends tend to be established in South Florida, residents of the Miami-Dade County area of South Florida. A limited
especially with the large Ft. Lauderdale and Miami boat shows held number of visitors and transient boaters are anticipated. Some
annually. The year-round warm weather and proximity to open water boaters may travel from areas of southern Broward County. Refer to
provides an optimal climate for boating and cruising. Dry stack Figure 1. The target market for the Project is for vessels greater than
marinas have been popular for over 30 years in Florida, whereas in 25 long for the dry stack marina up to approximately 40 feet. Based
other parts of the U.S. they are less popular. Increasing waterfront on local knowledge, most power boaters in South Florida prefer their
development and a lack of suitable areas for wet slip marinas have boats stored in an appropriate dry stack marina as opposed to a wet
spurred the development of dry stack marinas in Florida. Older dry slip. The target market for the wet slips is for vessels in the 40 range
stack marinas handled vessels up to 20 to 25 long, and now dry stack up to 80 long. Larger wet slips were not considered for the Project
marinas are regularly handling vessels in excess of 40 in length with due to the water depths within the submerged land of the City lease
weights in excess of 30,000 lbs. Some of the largest marine forklifts area. The market analysis did not consider private yacht clubs or
in operation in the world are in South Florida and they have a capacity mooring facilities.
of 60,000 lbs. The largest forklifts began operating at Haulover
The market study was limited to a 15-mile radius (approximate) from
Marine Center in Late 2016, with a capacity of 70,000 lbs. The existing
the Project site within Miami-Dade County, as this radius
Project site conditions include two 300-slip dry stack facilities.
corresponds to a 20-50 minute drive by car to the Project site
The marina market in Miami-Dade County tends to be primarily used depending on local traffic conditions. The Project has been planned
by local residents and seasonal visitors with properties in the Miami to promote alternative transportation with bicycle racks, a bus stop,
area. The Project will accommodate approximately 750 vessels in the and water taxi access. A trolley system is planned for nearby Key
dry stack facility, and a total of approximately 162 wet slips. This Biscayne that will have service to Virginia Key.
report examines the Miami-Dade County marina market, as residents
from other surrounding counties are less likely to travel to the
Project.
The market area for the Project is defined by the geographic and
demographic boundaries within which the Project would generally
compete. Over 220 marinas (facilities with 10 or more slips) with both
MARKET AREA
wet and dry slips are located in the County, but only a handful will be
in direct competition with the Project. Comparable facilities were
identified based on the following; 1) proximity to the Project site, 2)
target dry slip market, 3) target wet slip market, and 4) supporting
Geographic Boundaries
There are two major airports that serve the South Florida area. This Figure 2: Marina Market Study Area in Miami-Dade County
makes it convenient for owners that live outside the region to easily
access their boat for cruising. Miami is well known as the gateway to
Latin America, and there are many international flights from Europe
as well as Asia.
The following figures show the identified marinas in the Project study
area:
MARKET AREA
Figure 3: Project Vicinity
MARKET AREA
2013 10,134 1,920 371 o To do so boating has to be:
2012 9,847 1,762 315 More inclusive
2011 9,735 1,682 264 More affordable
2010 9,789 1,621 196 Less time-consuming
Boat Ramps
Vessels between 25 to approximately 35 long can still be trailered
to a local boat ramp and therefore the target market could be
competing with boaters keeping their vessels at their homes in single
MARKET AREA
family residential areas. However, there are approximately 10 public
boat ramps within the market study area and most are at or beyond
capacity on busy weekends. This lack of boat ramps deters buyers of Photo 1: Traffic Jam into Crandon Park Boat Ramp 11/28/15
MARKET AREA
Marina Market Analysis Virginia Key Harbour & Marine Center 9
MARKET DRIVERS
Market drivers are the factors that lead to boaters taking a slip or
using the Project facilities. For this location, the market drivers
include:
Population growth
Underserved existing population
Tourism
Population Growth
Population in the region continues to grow and the number of
boaters is expected to grow proportionally.
Based on 2014 registered boats in Miami-Dade County, there are
63,319 boats registered in Miami-Dade County and 2,663,000 county
residents. Looking at the residents in the City of Miami, Miami Beach,
and Coral Gables, waterfront population centers in the project area,
results in a population of approximately 575,000.
Analysis of the population and boat registrations suggests a County
wide rate of approximately 1 boat for every 42 residents. For the
waterfront area, that number may be closer to 1 boat for every 9
residents.
Figure 4: Population Growth
MARKET DRIVERS
Marina Market Analysis Virginia Key Harbour & Marine Center 10
Recently, the population for these waterfront areas has grown at 1
to 2% per year. Projecting population growth at 1 to 2% per year over
10 years suggests an additional 600 to 1200 boats entering the
market each year. Continued growth in the greater Miami area is
projected, with growth in the Miami Urban Corps area.
Tourism
Many boaters seek experiences while using their boat. This can be a
new destination, new restaurant, or other tourism based activity. The
proposed Project includes new retail and restaurants that will attract
visiting boaters for day trips. The Project will also attract transient
vessels in the wet slips for overnight trips. Interviews conducted with
some of the comparable wet slip marinas indicate that marinas
typically offer 5 to 10 percent of their wet slips for transient use.
However, Dinner Key Marina currently has 85 out of 581 wet slips, or
Figure 5: Vessel Registration Trends 15% transient slips. Dry slips are typically not leased as transient slips.
MARKET DRIVERS
Marina Market Analysis Virginia Key Harbour & Marine Center 11
EXISTING MARINA MARKET
Market Rates
Market rates are generally related to location more than amenities.
Marinas in desirable locations locations that allow owners to see
and be seen, allow quick access to fishing grounds, etc are able to
charge more than marinas in non-descript locations. Daily transient
rates range from $1.50 to $8.00 per foot and approximately $24 to
$43 per foot per month.
The Project team has prepared the site redevelopment plan The proposed slip mix has been optimized for the local market by the
optimized for the current and the projected markets, and phasing has Project team. A combination of wet and dry slips has been planned
been incorporated to accommodate trends in the marina market as for the Project site, and the slip mix is as follows:
the Project site is being redeveloped. Figure 6 below is the site Table 4: Slip Mix
redevelopment plan rendering prepared by the Project Team. As
detailed in the Virginia Key Master Plan, there is also the potential to Vessel Count %
expand the existing wet slips Northwest of the RFP Property and
Size
adjacent to the Rickenbacker Causeway, however is not included in
40 68 7
60 66 7
80 28 3
The dry stack marina will consist of an automated system with a lift
capable of handling vessels ranging from 20 to 40+ depending on
weight and dimensions. Just over 80% of the proposed Project slip
mix is for slips in the dry stack building. This building will be fully
enclosed and designed in accordance with the latest stringent wind
ratings (175 mph) in the Florida Building Code. Staging docks are
Figure 6: Project Site Plan planned to accommodate the industry guideline of staging for 10% of
the stored vessels, or approximately 75 vessels. Based on industry
interviews, utilization at both existing dry stack marinas is higher than
industry trends, with 30% of the vessels launched/retrieved on a busy
holiday weekend.
COMPETING FACILITIES
7 Sea Isle Marina and Yachting Center 220
8 Pelican Harbor Marina 98
9 Haulover Marine Center 508
10 Aquamarina Hi-Lift 260
11 Grove Harbor Marina 60 266
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 19
Dinner Key Marina is a 582 slip facility owned and operated by the
City of Miami. The marina, Floridas largest wet slip marina, is
comprised of fixed platform docks with potable water and power at
each slip.
The marina advertises modern comfortable berthing
accommodations in a park-like setting for transient, long-term, and
commercial dockage liveaboard customers.
Miami City Hall is located adjacent to the marina and retail and
entertainment establishments in Coconut Grove are a short walk
away.
A dock master building recently opened to provide upgraded and
expanded marina amenities. In-slip sewage pump out is planned for
all wet slips, and this project is pending funding.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 20
Grove Key Marina is a dry storage marina located adjacent to Dinner
Key Marina in Coconut Grove. The facility can accommodate
approximately 260 boats in dry storage and offers fuel for boaters.
The marina has an on-site restaurant, Scottys Landing, along with the
adjacent Chart House restaurant.
The marina service is reportedly average and the facility has an
industrial aesthetic with exposed racks and non-descript
warehouse buildings.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 21
The City awarded a long term lease for a public-private partnership,
and litigation from opponents to the project was addressed by the
City. Planning/design of the waterfront improvements are in
progress, and the following renderings illustrate the proposed
improvements.
The planned dry stack marina will accommodate 406 boats, 350 on
new and relocated racks and 56 on new racks inside a completely
refurbished North Hangar. This project will provide an increase in dry
slips to the Miami market by adding approximately 146 new slips to
the market. The development is named The Harbour in Historic
COMPETING FACILITIES
Coconut Grove.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 23
Miamarina at Bayside is located in downtown Miami and is owned
and operated by the City of Miami. The 130 slip marina
accommodates vessels up to 150 ft long and includes potable water
and power at each dock. The marina is surrounded by retail and
restaurants and hosts numerous charter and day cruise vessels.
Miamarina hosts the Strictly Sail venue of the Miami International
Boat Show and is in close proximity to the American Airlines Arena.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 24
Sea Isle Marina and Yachting Center is located in North Miami and is
owned and operated by the City of Miami. The 220 slip marina
accommodates vessels up to 110 ft long and includes potable water
and power at each dock. The marina is adjacent to the Biscayne Bay
Marriott and has easy access to restaurants and retail.
The marina is comprised of fixed docks that are aging and in need of
some repair. The marina hosts a venue of the Miami International
Boat show.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 25
Aquamarina Hi-Lift is located just off the Intracoastal Waterway in
Aventura. This marina consists of a covered three-floor dry slip rack
that accommodates boats up to 40 feet length. It also provides 9
additional 25-feet wet slips that can be used by transient boaters.
This marina does not offer regular amenities such as restaurants, bars
or groceries, but it offers full marine mechanics service, maintenance
plans, trailer and jet ski storage, hoist capacity, fuel and a ships store.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 26
Miami Beach Marina, located on the western shore of Miami Beach,
has 400 boat slips that accommodate vessels up to 250 feet.
Occupancy is full and there is a waiting list for both in-water slips and
boat lift slips.
This marina provides fresh water, electricity, telephone and cable at
the slips. Additionally, Miami Beach Marina offers many amenities,
including bars, restaurants, jet ski rental, scuba diving charters and a
swimming pool.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 27
Haulover Marine Center is located in the 180-acre Haulover Park,
north of Miami Beach and is on the Intracoastal Waterway at Bakers-
Haulover Inlet, across the street from Haulover Beach. This marina
includes amenities such as boat launching ramps, boat rentals,
showers, transient slips and even a small marine store. Additionally
Haulover offers a 9-hole golf course, rental opportunities and an
underground path that leads visitors straight to Haulover Beach.
In September 2016, a new dry stack operation was opened. The new
facility can store 508 boats (five racks high and vessels up to 50 feet),
and includes a retail store and a new marine center. This marine
center utilizes the largest marine forklift lifting 50-foot boats 75 feet
into the air. As of early 2017, the marina was approximately half-
occupied. The previous dry stack operation area, south of the new
building, may be converted to storage for personal watercraft as part
of a restoration plan for that area of Haulover Park.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 28
Pelican Harbor Marina is a marina located right next to Pelican
Harbor Park, in the Intracoastal Waterway. With 98 wet slips, it can
accommodate vessels up to 50 feet, and it includes amenities such as
gas and diesel, freshwater and electric hookups or pumpouts.
Additionally, transients are welcome and 3 double boat ramps are
available across the street.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 29
Grove Harbor Marina is a marina located in the Dinner Key Basin with
direct access to Biscayne Bay. This marina has 60 wet slips that can
accommodate vessels up to 150 feet and 260 dry storage spaces for
boats up to 55 feet. Grove Harbour Marina offers concierge services
and includes amenities such as fueling and pump out services,
freshwater and power. The marina is also in close proximity to
downtown Coconut Grove.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 30
Typical Amenities
Most marinas offer potable water, shore power, and wi-fi internet at
each slip. These amenities are included in the cost except shore
power which is locally usually metered to cover the cost of the power
used.
Other amenities depend on the target boaters. Marinas catering to
liveaboards also include showers, laundry rooms, cable TV at each
slip, and public gathering areas.
Approximately half of the total marinas and most of the public
marinas sell marine grade gasoline while approximately one-third sell
marine grade diesel.
Some marinas offer pumpout service at their fuel dock for a fee and
there is a trend for in-slip sewage pumpout. Dinner Key Marina has
several docks with this service, and the remainder of the docks are
scheduled for upgraded in-slip pumpout. Refer to the amenities
summary table in Appendix A.
Lease Rates
Lease rates at the competing facilities range from $24.00 to $43.00
per ft per month. Daily rates range from $1.50 to $8.00 per ft per day.
Most rates include water, wifi, TV (if available). Shore power is
metered or provided at a separate monthly charge.
Refer to the lease rate summary table in Appendix B.
COMPETING FACILITIES
Marina Market Analysis Virginia Key Harbour & Marine Center 31
SUMMARY
The Southeast Florida marina market is well poised to continue transportation. The Project has been coordinated with the Plan Z on
growth, and the existing dry and wet slips at the Project site are Rickenbacker Causeway which may be implemented in the near
generally fully occupied with waiting lists especially for larger slips. future. In addition, site planning should accommodate shared
Increasing the overall slip count from the existing approximately 838 parking for the marina and retail/restaurant development. The
slips to the proposed 912 slips will provide additional dry stack industry trend in Florida is utilization of 15-20% of dry stack marina
capacity for the projected increased demand in the greater Miami slips on the busiest of boating weekends. Higher utilization can be
area. The Project has been master planned to create a waterfront expected at the Project as the existing facilities have seen 30% vessel
campus with mixed use development in addition to the wet and dry utilization of the dry slips on busy and holiday weekends.
slips. The Project incorporates and enhances the programming
The Project will activate the waterfront with public access. In
outlined in the Citys approved master plan for Virginia Key. The
addition, the programming will appeal to not only boaters utilizing
development will accommodate growing trends in the market such
the wet and dry slips but also to patrons of the retail and restaurant
as boat sharing. The automated dry stack marina will be a modern,
components. The Project will compliment the existing Rusty Pelican
fully-enclosed building for secure and weather-protected boat
Restaurant as well as the planned restoration of the Marine Stadium
storage. On-site maintenance facilities will also appeal to the boating
and adjacent Flex Park. Few areas of Miami offer waterfront dining
customer for convenient regular servicing. Consideration should be
and baywalk experiences, and the Project will activate the
given to having mechanics on-call during busy weekends to address
waterfront. Thereby creating a destination with the planned
minor boating maintenance challenges for customers so they can
waterfront campus.
maximize their time on the water.
The Project does require auto or bus transportation, however cycling
is popular on the Rickenbacker Causeway. Site planning should
accommodate available and planned mass transit and alternative
SUMMARY
Marina Market Analysis Virginia Key Harbour & Marine Center 32
APPENDIX A AMENITIES TABLE
Water Sports
Restaurant
Telephone
Marina Name
Shopping
Pumpout
Showers
Internet
Laundry
Electric
Water
Diesel
Hotel
Pool
Gas
Bar
Ice
TV
Sea Isle Marina and Yachting Center Y Y N N N Y Y Y Y Y Y Y Y Y Y Y Y
Miamarina at Bayside Y Y Y N Y N N Y Y Y N Y N Y Y Y Y
Grove Key Marina Y Y N N Y Y Y Y Y N N N N N N N N
Dinner Key Marina Y Y Y N Y N N Y N Y N N N N Y Y Y
Crandon Marina Y Y Y N N Y Y Y N N N N N Y Y Y Y
Matheson Hammock Marina Y Y N N N Y Y Y Y N N N N N Y Y N
Aquamarina Hi-Lift Y N N N N Y N N N N N N N N Y N N
Haulover Marine Center Y Y N N N Y Y Y N N N Y N N Y Y N
Pelican Harbor Marina Y Y N N N Y Y Y N N N N N N Y Y Y
Miami Beach Marina Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y
Grove Harbor Marina Y Y Y N N Y Y Y N N N N N N Y N N
Marina Name
20-29 ft
30-39 ft
40-49 ft
50-59 ft
60-69 ft
70-79 ft
80-89 ft
90-99 ft
Other
<20 ft
Total
100+
Sea Isle Marina and Yachting
220 0 0 44 56 28 0 4 0 0 0 88
Center
Miamarina at Bayside 130 0 1 2 1 60 37 0 0 2 0 27
Grove Key Marina 58 0 0 16 17 5 7 0 0 0 0 13
Dinner Key Marina 582 0 0 190 365 18 9 0 0 0 0 0
Crandon Marina 294 0 0 192 52 12 0 0 0 0 0 38
Matheson Hammock Marina 243 14 3 150 37 15 2 0 0 0 0 22
Aquamarina Hi-Lift 260 0 260 0 0 0 0 0 0 0 0 0
Haulover Marine Center 508 0 0 508 0 0 0 0 0 0 0 0
Pelican Harbor Marina 98 98 0 0 0 0 0 0 0 0 0 0
Grove Harbor Marina 320 0 0 320 0 0 0 0 0 0 0 0
Miami Beach Marina 400 0 0 64 176 92 14 24 6 0 0 24
Market Area Total 3113 112 264 1486 704 230 69 28 6 2 0 212
3.6% 8.5% 47.7% 22.6% 7.4% 2.2% 0.9% 0.2% 0.1% 0.0% 6.8%
Daily
In order to demonstrate the financial feasibility and cash flow to 5. The financial analyses and projections also set aside
support the debt service for the Projects capital outlay the following reserves for replacements of 2.5% of total
financial analyses are provided as attachments to Tab 9, above: revenue per year; This exceeds the minimum 1%
reserve required by the RFP.
(a) Projected Stabilized Operating revenues
6. The projected rent and real estate tax payments
(b) Projected Stabilized Operating expenses to the city directly for only the first 15 years is
$66,434,993.
(c) Phase Net Operating Income
Item # Description-Virginia Key, LLC - City of Miami - Virginia Key Revitazation Project 2017 Proposal RFP 16-17-011 Cost Virginia Key LLC Cost
For Budget Proposal 5-22-2017 per J.H./RCI/Virginia Key, LLC
Aero-Docks, LLC Boat Storage Dry Stack Systems
1 1 INITIAL ENGINEERING PACKAGE $ 186,775.20
INCLUDES ALL TRAVEL AND ENGINEERING COSTS
2 3 BOAT ELEVATOR APPROXIMATELY 39' HT X 65' BOATS 45 kps boat max. $ 5,167,277.28
INCLUDES STRUCTURE AND ASSEMBLY OF ALL MECHANICAL COMPONENTS .
1 Set of Floor RAILS W/ CONTINUOUS FLOOR MOUNTING PLATE on third (3rd) floor above 2 car park levels supplied by
3 others-parking structure ready for Aero-Docks Structure and roof support ready..Roof deck concrete 6: supplied by others. $ 394,200.00
Elevator Rails Installation including GALVANIZED PLATE WITH STAINLESS STEEL BOLTS, 800 Feet
4 1 INSTALLATION OF RAIL SYSTEM ONLY $ 175,672.80
INCLUDES LABOR, EQUIPMENT AND MATERIALS
5 INSTALLATION OF 3 BOAT ELEVATORS $ 523,800.00
INCLUDES LABOR, EQUIPMENT AND MATERIALS
6 Elevator Slides Engineering and Manufacture to transfer boats from elevator into building apartments. $ 345,600.00
7 Aero-Docks Travel, Management, Commissioning--Full SWE Erection and Demo Set Up in Ft Worth TX factory $ 96,120.00
8 Aero-Docks Tugs 45,000 x 3 units 24 inch lift... Adjustable in and up $ 742,237.56
$ 6,889,445.28
9 Aluminum Apartment Bunks w Vinyl Extruded Cap-NO UV Additive 36,508.5 linear feet two bunks side by side $ 551,132.64
10 Install Aluminum Bunks in apartments $ 164,160.00
11 Aero-Docks H Beam Rail System sized for 30 ft span and installation 36,508 linear ft $ 2,079,941.76
12 45 K Boat Lift-total lift of 30 feet, (6) lifts $ 2,484,000.00
13 6 City Water Wash Down Systems for 6 entry / exit points Manual System- $ 24,258.96
14 Hurricane Roll Up Out Side Doors (6) $ 125,280.00
15 4 Pole Buss Bar Power System Installed at Roof Trusses 800 feet $ 324,000.00
16 Install Buss Bar Power System at Roof Trusses $ 108,000.00
17 Rockwell Automation-Motors, Drives, PLC's etc. and Aero-Docks Location Scanners (6) for L x B x H system $ 4,153,846.32
18 Automatic Scan Attachment for Props, Rudders, IPC Drives etc.--first time boat set up $ 48,600.00
19 Aero-Docks System Integration, Network Security, Installation and Training $ 1,404,000.00
Note: Aero-Docks Worldwide, LLC- Equipment Totals $ 18,356,664.96 $ 18,356,664.96
Aero-Docks David Mack Building Systems less Exterior Wall-- Hot Dipped Galvanizing, Roof Deck, all boat racks per
1 drawings $ 12,036,000.00 $ 12,036,000.00
See Pilings cost below, Concrete Work see below, Budget is for Arquitectonica & Aero-Docks Design.. Does not included
Sales Tax On Aero-Docks System Equipment and/or Structural Pkg, Price of building does NOT includes concrete decks
between car park and/or roof deck. Sales tax included for building erection price only.
366 x 80' Concrete Pilings, Caps and 6" slab between boat storage and car park levels and 6 " roof slab by Moriarity, boat
storage level 3 column layout to match Aero-Docks boat layout and supply columns 4 bolt base plate pattern to exact required
2 dimensions as determined by Aero-Docks and ARQ building layout plans.
Product Sum Totals $ 30,392,664.96 $ 30,392,664.96
NOTE: No Allowance for Building Lights, Building Electrical Service or Fire Sprinkler system by others, Aero-Docks system
requires 480 V, 3 phase + ground, 5000 AMP Service-size of electrical service subject to revision after engineering is
completed.
Sales Tax
included on
Building and
Erection Only.
Total Dry Stack Budget Bid used in Phase Calculations below is $38,744,285.60 plus additional multiple Mobilization Fees to
be determined at time of Phase determination timing.
Phase One = 40% of project or $ $ 12,157,065.99
Phase Two = 23% of project or $ $ 6,990,312.94
Phase Three = 37% of project or $ $ 11,245,286.03
$ 30,392,664.96
Maintenance Package Estimate-10 Year Contract, renewable at each 10 year cycle, by Aero-Docks and administered by
Rockwell Automation (NYSE) Priced Per Year-Final Pricing to be done after project is fully engineered prior to construction. $ 200,430.00 $ 200,430.00
As per your request, we have revised our budget pricing for the marine works at the above referenced
facility. Based on the provided drawings we have developed the following scope of work.
1. Mobilization/Demobilization- $50,000
This item includes:
a. One complete mobilization and demobilization of SFIs barge, crane, crews and materials to
and from the jobsite.
Members of: Deep Foundation Institute Pile Drivers Contractors Association CASF
7. Potable Water, Fire Suppression and Sewage Pump Out-(89,000 SF) @ $13.00 = $1,157,000
We have assumed a typical system based on previous experience. No additional appurtenances or
infrastructure upgrades are included.
This proposal was prepared with the best information available, the pricing contained herein is preliminary
and subject to change pending our review of additional information such as soil borings, permit conditions
as well as final construction drawings.
We have assumed the existing infrastructure to be adequate and no additional transformers, lift stations or
other upgrades are included.
We hope this information is helpful in your evaluation of this project and appreciate your consideration of
our company for your new project. If you should have any questions, please contact me at my office.
Respectfully Submitted,
th
2781 S.W. 56 Avenue Pembroke Park, Florida 33023
Phone: (954) 985-0460 Fax: (954) 985-0462 www.shorelinefoundation.com
Members of:
Deep Foundation Institute Pile Drivers Contractors Association CASF
VKLLC will invest more than $80 million including As described in detail in the chart -- Phased Capital Outlay the
approximately $30M in equity in the creation of capital requirement for the first phase is $36.7 Million, while the
Virginia Key Harbour & Marine Center. VKLLCs financial expected equity investment of the entire Project is $30 Million of
plan and cost estimates have been created using reasonable the $80 Million capital required for a projected debt to equity ratio
revenue forecasts based on best available data and costs today of 37.5%.
based upon VKLLCs vast experience in South Florida, the State
and Country. Contractor, supplier, and installer budgets and VKLLC through its members has immediately available
worksheets supporting the Project development costs are included funds to finance the entire first phase of the Project
in the attachments to this section. without any debt financing if that became necessary.
As shown on the Phased Capital Outlay chart and analysis provided Indeed, VKLLC could fund the entire Project without
in the attachments to this section and below, it is anticipated that debt financing, however, that would not be a prudent
Phase 1 of the Project will require a capital outlay of approximately business model. VKLLC has projected seeking debt
$36,700,000; Phase 2 will require $18,550,000; Phase financing of $50 Million for the Project. The chart showing
3$24,750,000 . These totals include initial infrastructure costs the projected Phased Net Operating Income assumes the full $50M
and on-going capital infrastructure costs. The attached financial debt will be phased in over the first 3 years starting with interest
analyses estimate operating expenses, renovation costs, and debt only at 8% for the first 3 years and then a 20 year permanent loan
service for the renovation and building period and first 15 years at 8%. As the projected Net Operating Income statement shows
of the Projects operation, on a revenue source by revenue source there is sufficient income from the Project to cover debt service
basis as each phase comes on line and an integrated total basis beginning in year three with Project equity only needed to cover
over the proposed phased development schedule. the initial short fall in years one and two.
12.
TO THE CITY
FINAL RETURN
12. FINAL RETURN TO THE CITY
(a) Financial Return to the City Including Base Rent Total rent paid to the City over the life of the lease is
and Participation Rent $909,391,990 plus real estate taxes of $88,340,602 for
As outlined, demonstrated, and discussed in the financial analyses a total projected direct cash benefit of $999,732,593--
above and the attachments to Tab IX , VKLLC has provided a $1 Billion.
comprehensive development plan which offers the most positive
economic impact to the City, while maintain and complying with (d) Non-Financial Benefits
the principles of the Virginia Key Master Plan . i. Job Creation and Hiring
VKLLC will pay the City annual lease payments of: Further public benefits, include the creation of approximately 1,280
local jobs over the life of the project. Implementation of a goal
(b) Base Rent of 30% of work to be performed by minority and disadvantaged
Base rent of $2,150,000 that will increased annually by individuals and groups. Through extensive studies of jobs created
the greater of: (3%) of the previous years Base Rent, or as a result of marina and mixed use developments based on
an increase based on the amount indicated by the Consumer Price our experience, and through studies based upon independent
Index as of (3) months prior to the beginning of the applicable economic analysis from consultants including Dr. Michael Evans,
adjustment date. In no event shall any such annual adjustment to PHD from Boca Raton, FL who is an expert in job and economic
the Base Rent result in an increase which is less than (3%), or more forecasting of mixed use projects including marinas similar to what
than (5%); this exceeds the requirements of the RFP which we are proposing at the Virginia Key Harbour & Marine Center,
only requires a minimum increase of 1% VKLLC expects this Project would result in the creation of the
following jobs throughout the life of the Project:
(c) Percentage Rent
MARINA RESTAURANT TOTAL JOBS
i. Commercial Facilities CONSTRUCTION 460 123 483
Six percent (6%) of sublease income, if any, received by
DIRECT 134 232 366
Lessee from unaffiliated Sub lessees, licensees, concessionaries or
INDIRECT 158 173 331
the like for the rental of commercial space (e.g. retail, restaurant,
storage, repair facility, ships store, but specifically excluding fuel TOTAL JOBS 752 528 1,280
sales, wet slip and dry storage operations) at the Property; this
exceeds the minimum set by the RFP of 4% ii. Compliance with the Virginia Key Master Plan
Environmental Enhancement, Resiliency and
ii. Marina Revenue
Sustainability
Six percent (6%) of the Gross Revenue received by Lessee from The Virginia Key Harbour & Marine Center has been
the rental of any wet or dry slips at the Property; and planned and designed to meet and exceed all of the
iii. Fuel Sales requirements of the RFP and to be consistent with the
Six percent (6%) of the Gross Fuel sales. Virginia Key Master Plan principles. The VKLLC Project
will be developed into a world class, state-of-the-art, mixed-use
Due to the size of the investment and the efficiency of the resulting waterfront marine center. The Project is designed to be resilient,
program, the combined rents paid to the City are projected to grow sustainable, environmentally sensitive and green. The Project
from initial payments of $2,588,000 in year 1 to $3,709,613 in will create a Marina Village inspired image compatible with the
year 5 to $4,392,980 in year 10; to $5,054,707 in year 15. adjacent Marine Stadium yet with a modern waterfront aesthetic.
Virginia Key Harbour & Marine Center will become a true user
Total rent paid to the City in years 1-15 is $60,479,022 friendly marine center for all segments of the public and the boating
--with net present value, based upon the RFP formula community. As part of its sustainable and green design the world
using a discount rate of 5%, of $41,850,704. class design team has been coupled with the most state-of-the-art
flexible and efficient Aero-Docks automated dry storage system.
The projected Total rent and real estate tax payments to
The user experience will be enhanced by the automated process
the City for only the first 15 years will provide a direct
of storing vessels, and these operations will create a unique and
cash value is $66,434,993.
fascinating marine-oriented spectacle that can be appreciated
by customers and public users alike. Importantly, the design and
13.
QUALIFICATIONS
EXPERIENCE AND
13. EXPERIENCE AND QUALIFICATIONS
(a) Business Team Suntex Marinas is a real estate company investing exclusively in
niche mixed-use marinas and their related operating platforms.
i. Experience and Structure Suntex and its predecessor companies have been in the marina
For the purpose of submitting this Response to RFP No. 16-17-011, business since 1995. Suntex is led by a management team with
RCI Group and Suntex Marinas have formed Virginia Key, LLC, a over 100 years combined experience investing in, acquiring,
Florida limited liability company qualified to do business in the State developing and operating marinas. Suntex currently employs
of Florida (referred to herein as VKLLC). VKLLC is comprised of approximately 60 people in its corporate office and approximately
a joint venture between RCI Group and Suntex Marinas. VKLLC 1,200 on-site at its marinas during peak seasons.
is thus the combination of the marina development/
operation experience and financial capacity of both RCI Suntex Marinas is the business name used to describe the portfolio
Group and Suntex Marinas. of related companies and marinas all owned and or managed by
Suntex Marina Investors LLC and its principals John D. Powers, Jr.,
RCI Group is the business name used to describe the portfolio Bryan Redmond, Chris Petty and David Filler.
of related companies, all owned and managed by Robert W.
Christoph and Robert W. Christoph, Jr, the principals of each The specific structure of VKLLC is shown on the organizational chart
company and the Christoph Family Trusts. below:
Virginia Key SMI, LLC RWC VK, LLC Hook VK, LLC
(DE) (FL) (FL)
VKLLC meets the RFPs threshold qualification standards and has demonstrated by its development and operation of several projects
the requisite expertise and financial and management capability similar to the Virginia Key Marina RFP and detailed below, such
to develop a marina, dry storage, retail/restaurant destination as: Miami Beach Marina (Miami Beach, FL), Steelpointe Harbor
facility of similar scope and complexity as identified in the (Bridgeport, CT) and Bahia Mar Yachting Center (Fort Lauderdale,
Project objectives. As reflected in the attached Business Team FL).
and Development Teams Experience Forms, the experience of
the members of the Project Team far exceeds the minimum of ten Additional information regarding RCI Groups experience and
years experience in the management and successful operation services can be found online at www.rciair.com.
of marinas, restaurants, and ancillary facilities of similar size and iii. Suntex Marinas
complexity; including the minimum of ten years active experience Suntex is a leading owner, operator and developer of high-quality
and responsibility for daily operations of a marina restaurant; as coastal and inland marina properties located throughout the
well as the minimum of five years experience operating ships United States. Suntex Marinas is a real estate company investing
stores and retail facilities. The VKLLC Project Team consists of local exclusively in niche mixed-use marinas and their related operating
firms that employ City residents and contractors. platforms. Suntex and its predecessor companies have been in the
ii. The RCI Group Companies marina business since 1995. Currently, Suntex owns and manages
Begun in the late 1960s, RCI Group, is a portfolio of multifaceted 43 marinas comprised of approximately 15,500 boat slips with
real estate development companies, including RCI Marine, Inc., a combined value exceeding $600 Million. These marinas are
owned by the Christoph family. It is now in its fifth decade of active all full-service and include retail spaces, office buildings, resorts,
property development and management. The Christoph Family, hotels, and restaurants throughout the United States, including 14
RCI Group, and its affiliates have developed or acquired 9,790 marinas in Florida.
apartment units, 1.9 million sf of retail, office and self-storage
Suntex is led by a management team with over 100 years
properties, and 1,285 marina slips with service-related ancillary
combined experience investing in, acquiring and operating
businesses. RCI Groups consolidated portfolio represents over
marinas. Suntex currently employs approximately 60 people in its
$150 million in total value and generates over $25 million in
corporate office and approximately 1,200 on-site at its marinas
annual gross revenues.
during peak seasons. Suntex has experience with Florida and the
Today, the RCI Group and its related companies are widely Rules & Regulations governing Marina Operations by currently
regarded in the eastern United States and the Caribbean for owning and operating Snook Bight Marina in Fort Myers Beach,
providing a first class array of real estate services to a select FL, Marina Jack and Bayfront Yacht Works in Sarasota, FL, and
group of developers specializing in the creation of unique, luxury, 11 Loggerhead marinas located in St. Petersburg, South Miami,
multi-dimensional marine related waterfront destinations. Due Aventura, Hollywood, Lantana, South Lantana, Riviera Beach,
to its real estate background and experience in commercial, Palm Beach Gardens, Jupiter, Vero Beach and Daytona Beach.
residential, multi-family, and marina properties, RCI Group and
Over the last two decades, the principals of Suntex have acquired,
its principals have established a quality reputation through their
managed and/or sold approximately 60 marinas. The principals
ability to skillfully identify and integrate all phases necessary to
and management of Suntex and its predecessor company have
create a successful destination waterfront. As a result, RCI Groups
typically invested in partnership with high net worth individuals,
waterfront operations are the most desired destinations in their
family offices, private equity firms and hedge funds. Suntexs
respective markets.
realized and unrealized investments have a demonstrable track
RCI has a demonstrated ability to complement and form all-inclusive record of providing high current income, as well as significant
teams of experts in order that all phases and aspects required of a capital appreciation.
real estate development are identified and addressed. RCI Groups
In 1995, Johnny Powers, Ron Rhoades and Scott McMullin invested
team approach to phased development ensures that the timing and
in Lakeway Marina, their first marina together. Between 1995 and
size of each component is proper and synergistically melded into
1999, they were active in multiple real estate classes, including
the overall development.
office, multifamily, industrial, retail and golf assets - investing an
RCI Group has over 25 years of extensive experience working aggregate of over $200 million in partners and third-party capital.
with governmental entities and government-owned property as
In 2000, Johnny Powers and his partners decided to focus the (b) Operational History Reflective of Capacity
business solely on marinas, divesting their non-marina real estate to Meet Project Goals
assets. They formed Sun Resorts International and over the next The Christophs, RCI Group and Suntex have played a leading
six years amassed a portfolio of 13 marinas and built a marina role with principal responsibility for the development and
management company. In a series of transactions in 2006 and operation of projects of similar size, complexity, and constraints
2007, Sun Resorts International sold all but three of its marinas and as the facilities and uses proposed. Members of the Project Team
the management company to Island Global Yachting (IGY), and have successfully developed and obtained financing for multiple
subsequently the team worked under the IGY umbrella, leading projects of similar size and complexity with similar uses and
the acquisition team throughout 2007 and 2008. In August 2015, constraints, securing or providing financing for projects as large
Suntex also raised $200 Million in equity and $300 Million in debt as $1.1 billion in Steelpointe Harbor. Therefore, VKLLC not only
(total $500 Million) to purchase and develop additional marinas. has generally unmatched significant qualifications, experience and
Suntex equity commitments have been expanded to approximately achievements, but more importantly VKLLC has unmatched
$275 Million as of May 15th, 2017. significant qualifications, experience and achievements
in developing and operating projects very similar to
Suntex has a proven track record of value creation in the marina the Virginia Key Marina RFP. A sampling of similar projects
industry. The value creation process starts from the identification to Virginia Key Marina are as follows, and include several
of an acquisition opportunity, where Suntex, because of its large mixed-use urban projects in Florida that involve publicly
dedicated business development team, has direct relationships with owned lands:
marina owners across the country, in a marketplace devoid of the
traditional commercial brokerage community.
TThe Miami Beach Marina is a Public-Private Partnership marina same fashion as the Virginia Key Marina redevelopment.
on land publicly owned of the City of Miami Beach. Miami
Beach Marina is a large mixed-use marina development located The features of the Miami Beach Marina include a water taxi
in an urban Miami-Dade County just across Biscayne Bay from station, concierge services, casual and fine dining, market and
Virginia Key. Called the Gateway to the Caribbean in the Heart gourmet grocery, salon spa, dive charter, yacht charter, yacht
of Miami Beach the Miami Beach Marina is perfectly located a brokerage, fishing charters, boat rentals, jet ski rentals, control
mere 2 minutes from the ocean, 4 minutes from the vibrant night tower with state-of-the-art weather service, 24 hr. dock attendants
life, fashionable restaurants, shops and galleries of South Beach, and security patrol, heated swimming pool with laundry facilities,
8 minutes from the heart of downtown Miami, and only 15 minutes air Conditioned restrooms, washers and dryers, concrete docks
from Miami International Airport. The Marina offers easy access to and finger piers, 1000+ feet of floating pier for easy access for
all major highways. The superlative location with state-of-the-art small vessels, boat lifts accommodating vessels up to 24,000 lbs.
marina facilities combines 400 boat slips (dockage for vessels up in the wet slips, high speed fuel dock with five (5) fueling pumps,
to 250 feet) with services and amenities that are second to none, and dockside sanitary pump out. Financing partners for Miami
including 60,000 square feet of retail uses that include casual and Beach Marina include Great American Life Insurance Company
fine dining, market and gourmet grocery, salon spa, dive charter, that has provided a $50 million credit facility. Miami Beach Marina
yacht charter, yacht brokerage, fishing charters, boat rentals, jet has many similarities to the Virginia Key Marina redevelopment,
ski rentals, and a structured parking garage with approximately including mixed-use development including restaurants, office
720 parking spaces. RCI Group developed the mixed-use marina and retail, a location in an urban location in Miami-Dade County,
retail component for a cost of $15 million. The mixed-use marina accommodates a water taxi station and is also built on publicly
is also built upon publicly owned land with a ground lease in the owned land with a long-term ground lease.
Steelpointe Harbor is a $1.1 billion Public-Private Partnership million) and the State of Connecticut ($40 M) investor financing of
redevelopment that is creating New Englands premier 2.8 million $12M along with equity of approximately $20M.
square foot mixed-use urban oriented waterfront development
in Fairfield County, Connecticut, built over 52 acres. Phase 1 of In all, the Steelpointe Harbor, demonstrates many of the same
Steelpointe Harbor is now completed and includes a 143,000 features as the Virginia Key Marina redevelopment, including
square foot Bass Pro Shops including 18,498 square feet of mixed-use development, restaurants, an urban location, and is
restaurant and bowling lanes along with an additional 10,000 built on publicly owned land with a long-term ground lease.
square feet of retail. Phase 1 was completed on time and on
budget. Steelpointe Harbor has already broken ground on Phase 2
including a 250 slip wet slips and a 40,000 square foot waterfront
Dock Master and restaurant building. The project will continue to
be constructed over a period of years in subsequent phases. When
completed, Steelpointe Harbor will have approximately 800,000
square feet of retail space, 200,000 square feet of commercial/
office space, 300,000 square feet of hotel/meeting area, a new
250 slip with complete shore side support which will also contain
1,000 to 1,500 residential units. The Project will include a 50 wide
harbor walk along 3000 feet of shoreline creating public access to
the water that has never existing before. To date, financing partners
for Steelpointe Harbor include Florida Community Bank ($24
The Bahia Mar Resort and Yachting Center is the ultimate Hotel and service tropical Beach Resort and Marina is conveniently located
Marina destination in the heart of Fort Lauderdale, Florida and is a in an urban area in the heart of downtown Fort Lauderdale. On the
Public-Private Partnership marina built on a long term ground lease Beach front, the marina is adjacent to the Intercostal Waterway
upon land publicly owned by the City of Fort Lauderdale. and only 1.5 miles from Port Everglades. Only 2 miles from the
Fort Lauderdale Convention Center and 4.5 miles from the Fort
The property features a 296 room Hilton Hotel, 200,000 square Lauderdale International Airport. Bahia Mar also includes a
feet of restaurants and retail shops, swimming pool, tennis and number of activities that are contemplated by the Virginia Key RFP,
is directly across the street from a pristine sand beach along the such as a water taxi station, as well as, rental and chartering for
shore of the Atlantic Ocean. The marina offers 250 slips capable sailing, scuba diving, snorkeling and sightseeing tours. As with
of handling vessels up to 300 feet along its 3,000 foot parallel the Virginia Key Marina redevelopment, the Bahia Mar Yachting
dock and more than 5,000 feet of floating docks. This facility offers Center land is publicly owned and operates under a ground
High Speed fueling, free Wi-Fi, cable television, in slip sanitary lease, includes mixed-use development, is located in an urban
pump-out, a marine store, dive shop, a marine maintenance location in South Florida and accommodates a large boat show.
provider and full access to all of the amenities located within the Financing partners for Bahia Mar include JP Morgan Chase, that
property and the Hotel. The facility also includes parking available has provided a $125 million credit facility.
for 1,111 vehicles.
Bahia Mar is also the home the world renowned Fort Lauderdale
International Boat Show, which demonstrates VKLLCs experience
in dealing with world-class boat shows such as the Miami
International Boat Show currently held on Virginia Key. This full
Liberty Landing, is a Public-Private Partnership marina on land over 3.5 million people annually that visit The Statue of Liberty
publicly owned by the New Jersey Department of Environmental National Monument and Ellis Island. Statue Cruises affiliate, Little
Protection under a long-term ground lease. Lady, also provides daily ferry service from the marina to the World
Financial Center Terminal in New York City.
Liberty Landing Marina (named Marina of the Year - 2016) is a
landmark marina with 520-wet slips offering year-round dockage The docks are easily accessed from New York Harbor. The Marina
and dry storage for boats up to 200 feet in length. The marina is is located across from lower Manhattan off the Hudson River in the
strategically located in Liberty State Park along the Morris Canal Morris Canal; protecting vessels from river currents and traffic. All
and is the only marina in the area that provides a calm basin for of the docks are floating docks. The slips are equipped with 30 to
boat dockage in the Hudson River. Liberty Landing sits on roughly 100 amp power, water, and wireless internet. Annual, summer,
50 acres of land (20 acres submerged) and the entire marina and winter slips are available. Dry storage is also available for
property is on a long-term ground lease from the New Jersey monthly, annual or a seasonal stay. Liberty Landing Marina
Department of Environmental Protection. welcomes transient vessels up to 200 feet all year round. Chartered
vessels may schedule to pick up and/or drop off guests. Dock and
Liberty Landing contains a first-class amenity base consisting of two Dine is also available at one of our onsite restaurants.
renowned restaurants, Liberty House Restaurant and Maritime Parc,
both of which feature panoramic views of the Manhattan skyline, a Liberty Landing is a perfect example of a project very similar to
private lounge for marina customers and guests, fuel service, ship the Virginia Key Marina redevelopment in size and scope of slips,
store and full service boat repair and maintenance facility. Liberty acreage of land, located in an urban location, mixed-uses and
Landing is also home to a number of commercial tenants that dock built on publicly owned land with a long-term ground lease.
at the facility including Statue Cruises, providing daily tours to the
MARINA JACK & BAYFRONT YACHT WORKS & MARINA, 2016 - PRESENT
Site: Sarasota, Fl
Total Project Costs: $60 Million
Property Size: 25 Acres/316 Slips (Wet)
Property Uses: 43,000 SF of Urban Mixed Use Consisting of Ship Store, Restaurant and Marina Uses
Marina Jack, is another Public-Private Partnership marina on land The marina is highly trafficked and hosts over 3,000 transient
publicly owned by the City of Sarasota under a long-term ground vessels per year. The mooring field is a joint project with the City of
lease. Sarasota and Marina Jack and currently hosts 109 floating buoys.
Marina Jack (named Marina of the Year - 2015) is the premier The Marina Jack Restaurants are Sarasotas oldest continuously
marina and waterfront dining destination on the West Coast of operating restaurants and feature a diverse mixture of casual and
Florida. With direct, no bridge access to the Gulf, MJ is an iconic upscale dining. Marina Jack II is a 96 Skipper Liner vessel that
marina-based hospitality center with 316 wet slips, nearly 100 buoy conducts sightseeing lunches, sunset dinner cruises, and private
moorings (Bayfront Park Mooring Field), a full service fuel dock, a parties seven days a week and hosts approximately 32,000
fully stocked ships store, and an on-site Yacht Services department. passengers per year. OLearys Tiki Bar & Grill is Sarasotas only
Additionally, MJ offers three unique dining experiences (Blue Key West themed restaurant. It is a self-serve restaurant with
Sunshine, Deep Six Lounge Bar & Grill, Marina Jack) overlooking basic food options and two bars.
Sarasota Bay, as well as Sarasotas most well-known sightseeing
and sunset dinner cruiser, Marina Jack II. Importantly, Marina Jack also hosts the Suncoast Boat Show, the
3rd largest boat show in the state of Florida, therefore VKLLC has
Marina Jack encompasses 35 acres, of which 21.8 is submerged significant experience in facilitating and handling the complicated
and the remainder of which is uplands. The upland portion of the logistics that comes with a large scale boat show similar to the
Property is situated on a land lease with the City of Sarasota. Miami International Boat Show at Virginia Key. Marina Jack is
The submerged lands are situated on a lease between the City another project similar to Virginia Key Marina redevelopment
of Sarasota and the State of Florida that is, in turn, leased to the because it contains restaurant uses, is located in an urban area of
marina. The 316 slip marina is capable of hosting vessels up to Florida, accommodates a large boat show and is built on publicly
228 and maintains 35 slips fully dedicated to transient vessels. The owned land with a long-term ground lease.
marina also includes 19 boat lifts for vessels up to 35 in length.
Virginia Key Marina | RFP No. 16-17-011 Page 99
13. EXPERIENCE AND QUALIFICATIONS
Snook Bight Marina, is a marina on submerged lands lease from Snook Bight Marina is a similar project to Virginia Key Marina
the State of Florida. Snook Bight Marina is located on Estero redevelopment because it contains restaurant uses, is located in an
Island in Fort Myers, Florida and has a ship store, service center, urban area of Florida, the marina is built on publicly owned land
parts warehouse, waterfront restaurant facility, member club room, under a long-term submerged lands lease.
pool and spa. Snook Bight Marina is a new facility with all upland
structures completed in 2008, and all wet slips improvements
completed in January 2013.
The Loggerhead Marina portfolio, is a portfolio of 11 marinas prior Florida holdings, this acquisition made Suntex the largest
throughout East Florida, West Florida and South Florida. The marina owner / operator in the entire state of Florida. Along with
Loggerhead Marinas are a mix of fee simple ownership and long- the acquisition Suntex made a significant philanthropic commitment
term ground leases with governmental entities. Approximately, 104 to the Loggerhead Marine Life Center and a commitment to rolling
acres is owed in fee simple, and 50 acres is on some form of ground out a Responsible Boater Initiative to all Suntex marinas nationwide.
lease. Suntex acquired 11 of the Loggerhead Marina properties
located throughout Florida in early 2017. When combined with
Virginia Key Marina | RFP No. 16-17-011 Page 101
13. EXPERIENCE AND QUALIFICATIONS
(c) Financial Capacity develop marinas; therefore, Suntex has the equity in place to
VKLLCs financial capabilities are extraordinary, vast, pursue this project immediately. Examples of debt financing over
relevant, and proven. The strength of the financial the past three years include:
references of VKLLCs principals is a testament to the Loggerhead Marinas, 11 Locations in Florida - The Loggerhead
success of the complex redevelopment projects handled Marinas project includes a combined 2,300 slips in 11
by its team members. locations throughout Florida. $15 million in improvements
across all Loggerhead locations planned for the coming year.
Robert W. Christoph, has been actively engaged in the $75 million credit facility Florida Community Bank.
development, ownership and operations of mixed-use marine Marina Jack & Bayfront Yacht Works, Sarasota, FL - $30
properties in Michigan, Indiana, Massachusetts, Connecticut, and million credit facility from Florida Community Bank.
Florida and in the development, ownership and operations of multi- Liberty Landing Marina, Jersey City, NJ - $31 million credit
family residential and commercial properties in Illinois, Wisconsin, facility from First United Bank (fka American Bank of Texas).
Michigan, Ohio, Indiana, Tennessee, Missouri, South Carolina, State Dock & Wolf Creek Marinas, Lake Cumberland, KY
and Florida. His real estate activities and syndications have raised - $23.6 million credit facility from First United Bank (fka
hundreds of millions of dollars through debt and equity sources. American Bank of Texas).
In the past three years, the principals of RCI Group have received (d) Relevant Business Team Experience in Similar
complex financial commitments from major financial institutions. Projects
This demonstrates that the principals have the financial soundness,
financial capability, and the background to fund the Project. RCI Group - Robert W. Christoph, Chairman - Robert Christoph is
VKLLCs principals and Project Team members have successfully the Founder and President of the Miami Beach based RCI Group
developed and obtained financing for multiple projects of a similar and its related companies. He has a Bachelor of Science degree
size, complexity, and with similar uses and constraints as what from Purdue University and a Masters of Business Administration
is being proposed for this RFP. Reference letters from financial degree from the University of Chicago. Since 1969, Mr. Christoph
institutions are attached. has been actively engaged in the development, ownership and
operations of multi-family residential and commercial properties in
The Christophs have secured or provided, at minimum, $20 million Illinois, Wisconsin, Michigan, Ohio, Indiana, Tennessee, Missouri,
or more in financing for more than one single project. Examples of South Carolina and Florida; and in the development, ownership
the principals financing history over the past three years include: and operations of marina properties in Michigan, Indiana, Florida,
Bayshore Landing Marina, Coconut Grove, FL - $14.5 Massachusetts, and Connecticut. His real estate activities and
million from Capital Bank. This project consists of marina and marina developments have raised hundreds of millions of dollars
approximately 42,000 sq. ft. of restaurant and retail uses. The through debt and equity sources. A native Chicagoan, Mr.
total cost of the project is $13 million. Christoph is an active civic leader in the greater Miami area. He
The Boston Yacht Haven, Boston, MA - $10 million from City is a member of the Board of Directors of the First National Bank
National Bank. This project consists of marina and hotel uses. of South Miami and is an active co-sponsor and host to many
The total cost of the project is $10 million. nationally recognized yachting and fishing events such as OpSail
Bridgeport Landing Development, Bridgeport, CT - $24 2000 (Miami Leg), the Southern Ocean Racing Conference, Miami
million from Florida Community Bank. This project consists Dolphins Fishing charity event, and the Miami Billfish Tournament
of marina, residential, and approximately 153,000 sq. ft. of to name a few.
restaurant and retail uses. The total cost of the project is $1.1
billion. RCI Group - Robert W. Christoph, Jr., President - Robert W.
Bahia Mar, Fort Lauderdale, FL - $125 million from JP Christoph, Jr. joined the RCI Group in 2000 and moved quickly
Morgan Chase. This project consists of marina, office, and through the ranks from an analyst to his current position as Vice
approximately 40,000 sq. ft. of restaurant and retail uses. The President of Operations. For his undergraduate studies, he attended
total cost of the project is $400 million. Central Michigan University, where he received a Bachelor of
Science degree in Accounting. He continued his education at the
Since August of 2015, Suntex has raised approximately $290 University of Miami earning his Masters of Business Administration
Million in equity which when combined with $400 Million in debt with a concentration in International Business. Since starting with
gives Suntex $690 Million of purchasing power to acquire and the RCI Group, Mr. Christoph has been actively engaged in the
origination and execution of public and private sector, mezzanine, with a BS in Building Construction. As a State licensed General
and equity financing for a variety of waterfront development Contractor, John has been active in the construction industry
projects. As the highest ranking executive in the Operations since 1975. He has worked as the owner of Tile & Terrazzo, Inc.
division, his responsibilities include the preparation of annual installing the brick and ceramic tile throughout a 400,000 square
proposals and budgets for portfolio properties, oversight of all foot waterfront property; as Director of Construction, for Roney
commercial leasing, optimizing organizational structure to achieve remodeling the Roney Palace, a 1,200 room hotel/condominium
management targets, and building technology infrastructure for complex; and as the Sr. Project Manager for The Related Group of
the organizations business needs. He is an active member of the Florida, Inc., where he was in charge of the planning, permitting,
Pillar Board of the Miami Beach Chamber of Commerce, Founders and managing of contracts for over 1,500 luxury units. Since
Board of Mount Sinai Hospital, and is on the Board of Directors for 2009, Mr. Hopwood has been Vice President of Special Projects
the Miami Dolphins Charity Fishing Tournament. He is an active for the RCI Group overseeing the companys development and
member of the Coral Reef Yacht Club and the Chicago Yacht Club. operation of marine related, waterfront facilities throughout South
Florida. In 2012, he traveled to China and negotiated a consulting
RCI Group - Mark Summers, VP Development - Mr. Summers contract for RCI Group to assist in the design, operation and
maritime career began as a crew member on a Great Lakes ore management of a large scale, marine-oriented development in
freighter in 1979. He has been and is a fully licensed 100 ton Ningbo, China. Mr. Hopwood was formerly a Flag Officer and is
Captain by the U.S. Coast Guard and is schooled on all aspects of Board member of the Coral Reef Yacht Club, located in Miami and
the construction trades. Prior to joining RCI Marine, Mr. Summers also a member of the City of Miamis Waterfront Advisory Board.
oversaw the construction of two 150 high-speed passenger He is a Coast Guard licensed captain holding the 100-ton Yacht
ferries and the upland terminals from which they originated. Since Captains License and is an active yachtsman.
joining the RCI Group in 2000, Mr. Summers responsibilities have
included $10,000,000 of construction oversight, management RCI Group - Ralph Conti, Director of Retail Development and
and oversight of a 3,000,000 gallon/year marine fueling station Leasing - Since 1974, Mr. Contis career pursuits have focused on
in Key West and oversight of the leasing of the newly constructed the retail development process. His experiences have involved
20,000 sq. ft. restaurant and commercial building. More recently, over 27 million sq. ft. of ground up development across the United
Mr. Summers has concluded the development of a new 74 slip States in mixed-use centers, enclosed malls, neighborhood centers
marina located on the Miami River in downtown Miami. Today and single tenant facilities. Prior to joining with RCI Group in 2008,
in Bridgeport, Connecticut, Mr. Summers is coordinating and Mr. Conti has been a Senior Executive with such national retail
overseeing the infrastructure realignment and the preliminary site companies as Kimco Realty, Developers Diversified Realty Corp.,
preparation for Steelpointe Harbor, a 2.5 million sq. ft. project. Glimcher Realty Trust, and Homart Community Shopping Centers.
Mr. Conti holds a Bachelors degree and an MBA from La Salle
RCI Group - Robert Toomey, CFO/Controller - Robert Toomey is University. Additionally, Mr. Conti serves on the Board of Advisors
CFO/Controller of the RCI Group. For over 20 years, Mr. Toomey for the Warrington Business College of Real Estate at the University
was a member of Harris Cotherman CPAs (now Rehmann), a of Florida, is a member of the ULI, an instructor with the ICSC
Florida public accounting firm. He is a Certified Public Accountant University, a CCIM, an ICSC Certified Development, Design and
specializing in real estate finance and accounting. Since leaving Construction Professional (CDP), a past member of the American
Rehmann, Mr. Toomey worked as Chief Financial Officer with Society of Civil Engineers (ASCE) and is the current Chairman of
Torwest and Discovery Land Company. These companies the ICSC CDP Professional Development Subcommittee.
specialized in real estate management, development, and
construction in South and Central Florida and the Bahamas. Suntex - John D. Powers, Jr. (Johnny), Founding Principal,
Throughout his career, his focus has been to provide prime member of the Board and Chief Executive Officer of Suntex Marina
developers of upscale luxury properties and communities, with Investors LLC (SMI) - Mr. Powers is also a member of SMIs
all of the accounting reports and financial analyses necessary Executive Committee. His primary responsibilities include working
for complete project tracking, development, management, and with his partners and investors to regularly evaluate the strategy
corporate planning. He is a graduate of the University of Florida for the investments, sourcing capital, investor relations, strategic
with a BA in Accounting. partnerships and acquisitions.
RCI Group - John R. Hopwood, Jr., Capital Project Manager - A From February of 2007 through December of 2008, Mr. Powers
native Floridian, Mr. Hopwood graduated from Auburn University was Executive Vice President of M&A with Island Global Yachting
(IGY). Prior to the acquisition of Sun Resorts International, Inc. and resort properties and operating companies.
(Sun Resorts) by IGY in February of 2007, Mr. Powers was a
founder and Managing Director of Sun Resorts and affiliated Mr. Redmond was formerly a Director of M&A Business
companies and President of Sun Resorts Management, Inc. Sun Development for Island Global Yachting (IGY). Prior to IGY, Mr.
Resorts acquired, owned and managed 13 marinas located in Redmond was Director of Acquisitions for Sun Resorts International,
Texas, Florida and the Caribbean and employed approximately Inc. (Sun Resorts). Sun Resorts acquired, owned and managed
400 people. Mr. Powers was also one of three founding members 13 marinas located in Texas, Florida and the Caribbean. Mr.
of Harvard Property Trust Inc. (Harvard Property Trust), which Redmond has been responsible for over $500MM of marina
was a Texas based private real estate investment trust. From 1996 acquisitions (over 55 different marina properties to date) and
through 1998, Harvard Property Trust acquired over $200 Million involved in over $700MM of transactions with Suntex, IGY, and
of suburban office buildings located in Texas and Minnesota. Sun Resorts. He began working with Sun Resorts International in
2002, and prior to that time he worked for Arthur Andersen.
Mr. Powers has been responsible as a principal for over $1
Billion of transactions for Suntex, Sun Resorts, Harvard Property Mr. Redmond attended Southwestern University, from which he
Trust, and related entities. Mr. Powers and his partners have also graduated with a Bachelor of Business Administration degree and
been responsible for securing over $400 Million of equity capital where he played two years of collegiate baseball. Mr. Redmond
for Suntex, Sun Resorts, Harvard Property Trust, and related is a licensed real estate broker in the state of Texas and currently
entities. Mr. Powers has developed outstanding relationships with resides in Plano, Texas with his wife Brandy and daughters Brooklyn
numerous individual accredited investors, who have invested in and Brinkley.
various ventures in which he is a principal. He also maintains strong Suntex - Chris Petty, Principal, Investment Services of Suntex
relationships with institutional equity investors and lenders. Marina Investors LLC (SMI) - Mr. Petty has worked with the other
Mr. Powers received his Juris Doctor in 1992 from the University Suntex principals for the past twelve years and previously served as
of Texas. Prior to attending law school, he graduated magna cum President of Suntex Marinas and Head of Operations. During this
laude from Southern Methodist University, obtaining a Bachelor time, Mr. Petty has played a pivotal role in the acquisition of over
of Business Administration degree in Real Estate and Urban Land 35 marinas and provided transitional and technical leadership for
Economics and Finance. Mr. Powers has also completed 30 all properties. He is ultimately responsible for the operation of 43
hours towards his Masters of Business Administration degree from marinas consisting of over 15,000 wet and dry slips, 25 service
Southern Methodist University. departments, numerous retail leases as well as fleet operations. Mr.
Petty has also played the lead role in implementing accounting,
Mr. Powers is a former member of the Texas State Bar Association. management and reporting software systems.
Mr. Powers is a former member of the Young Entrepreneurs
Organization and current member of the Bent Tree Bible Church. Formerly, Mr. Petty was the North Caribbean Regional Manager
He is also a graduate of the Transformational Leadership Program. at IGY and General Manager for IGYs flagship property,
He resides in Dallas with his wife, Cintia, and has six children, Yacht Haven Grande, St. Thomas, Virgin Islands. While at Yacht
Alexandra, Jordan, Preston, J.D., Grace, and John Austin. Mr. Haven Grande he was able to reduce payroll and expenses by
Powers leads Suntexs efforts with respect to the Folds of Honor $3,500,000 in one year. Mr. Petty had full property financial
Foundation on which he serves as a board member. and operational responsibility for the North Caribbean assets,
managed all facets of mall operations and all marina activities
Suntex - Bryan Redmond, Founding Principal and Head of including 600+ slips accommodating mega yachts up to 450.
Acquisitions of Suntex Marina Investors LLC (SMI) - Mr. Redmond
is also a member of SMIs Executive Committee. He has worked Prior to its merger with IGY, Mr. Petty was recruited by Sun Resorts
with the other Principals for the past 15 years, and in that time International, Inc. to manage American Yacht Harbor, St. Thomas,
has developed a network of high net-worth investors who have and Virgin Islands. Mr. Petty was retained by IGY after the merger
participated in the ventures in which he is involved. His primary role and continued to manage the marina and all associated operations
is the overall coordination of all operations and implementation for four years where he was able to increase revenues by 48.0%
plans to take on the projected growth of the company. Mr. and NOI by 38.0%. Mr. Petty has 21 years of experience as
Redmonds experiences also include the negotiation, underwriting General Manager, Vice President and President of various resort
and the capitalization of debt and equity for real estate, marina marinas in 9 states and the Caribbean. His experience ranges from
personal watercraft to the worlds largest mega yachts. He is a
Virginia Key Marina | RFP No. 16-17-011 Page 104
13. EXPERIENCE AND QUALIFICATIONS
board member of the Association of Marinas Industry, a certified disposition of properties spanning various asset classes including
port facility officer and holds a U.S. Coast Guard Master Captains over 2.5 million square feet of retail, over 1.5 million square feet
License. of office, 5 multifamily / condo developments, 1 ultra-luxury resort
hotel, and over 10,000 acres of raw land. These projects were
Mr. Petty attended the University of Arizona, from which he located throughout the United States, Mexico, Costa Rica and
graduated with a Bachelor of Science. Panama. Brucker is also a partner and investor in numerous real
estate partnerships and operating companies.
Suntex - David Filler, Principal and Head of Business Development
at Suntex Marina - He has worked with the Principals for the past Suntex - Ron TenEyck, Vice President, Operations - Ron TenEyck
five years. David has 20 years of experience in the practice of law. joined the Suntex team in 2010 when Suntex acquired Liberty
Landing Marina in Jersey City, New Jersey, where he served as
In addition to his role with Suntex, Mr. Filler is a partner in the
General Manager until he was promoted to Vice President of
law firm of Filler - Rodriguez, LLP. Throughout his career, Mr. Filler
Operations for Suntex Marinas. He started at Liberty Landing
has participated in over $750 million of real estate and equity
Marina in 2006 as Director of Service then was later promoted
transactions.
to General Manager. Mr. TenEycks background spans more than
Mr. Filler is member of the Board of Directors for Pacific Sunwear of 20 years within the yachting and marine industry. He started his
California, Inc. (PSUN), and sits on the audit committee. Mr. Filler maritime education at Fort Schuyler Merchant Marine Academy
received his Juris Doctor and Bachelor of Arts degrees from the and holds various degrees in the marine industry including Certified
University of Texas. He is a member of the Texas Bar, the New York MerCruiser master technician and US Coast Guard 100-ton
Bar, and the Florida Bar. He resides in Miami, Florida, with his wife Captains license. Ron is a certified technician for many high end
and their two children. yacht companies including Benetti, Uniesse, Sealine, Sunseeker
and Searay, to name a few. Currently, he serves on various
Suntex - Josalyn Claussen, Director of Marketing for Suntex - Ms. waterfront councils for the City of New York and the state of New
Claussen over 15 years of marketing experience that includes 8 Jersey, specializing in marine improvement and conservation. Ron
years specific to marinas. After college, Josalyn began her sales is renowned for his reputation in the marine service industry, with a
and marketing career with the Arizona Republic. In 2002, prior to large following of very satisfied customers.
working for Suntex Marinas, Josalyn was Marketing Manager for
Island Global Yachtings flagship property, Yacht Haven Grande in Suntex - Stephen Lehn, Vice President, Operations - Stephen
St. Thomas, Virgin Islands. At Yacht Haven Grande, she managed Lehn is the Vice President of Operations for Suntex and has
the daily operations for their marketing department. While at Yacht over 10 years of operations, asset management and investment
Haven Grande, Josalyn developed and implemented an integrated experience. He began as a corporate real estate consultant for
marketing plan to facilitate traffic to Yacht Havens 46-slip mega- mid-size to Fortune 1000 companies, where he collaborated
yacht marina and upscale shopping and dining galleria. Josalyn with their executive teams to create and implement cost cutting
received her Bachelor of Arts degree from Augustana College in strategies while supporting their financial growth. After receiving
Rock Island, IL, where she majored in Business Administration with his MBA, Stephen took a position as a financial analyst for a real
a concentration in Marketing and Communications. estate investment trust, where he evaluated over $250 Million in
capital real estate investments and managed an annual capital
Suntex - Brucker Stensrud, Vice President, Mergers & Acquisitions - investment budget of over $115 Million. Stephen has also been a
Brucker Stensrud is Vice President of Acquisitions and has 15 years senior consultant for Hilton Worldwide where he received awards
of real estate investment and development experience. Brucker has for helping hotels grow their market share by an average of more
been involved in the acquisition, development and disposition of than 16% and revenues by more than 30%.
over $700 million in real estate assets throughout the United States
and abroad, including over $400 million in marina acquisitions Suntex - Dario Meyer, Director, Capital Projects - Dario Meyer is a
and developments with Suntex since 2013. 30 year veteran of the construction industry with a Civil Engineering
degree from the Georgia Institute of Technology and is a licensed
Brucker previously served as Partner with JTL Capital, LLC, a closely Certified General Contractor in State of Florida, CGC 1518988.
held, private real estate investment and development company Mr. Meyer has been involved in the planning, management and
based in Dallas, Texas. While at JTL, Brucker played an instrumental construction of a host of successful projects including marinas,
role in the underwriting, acquisition, asset management and ports, resorts, dams, highways, bridges, housing developments,
and industrial facilities throughout the world. With a strong a variety of exhibits, live sea turtles, working sea turtle hospital,
background in estimating and construction, Mr. Meyer is an asset and other coastal creatures. It also provides outreach programs
to the Suntex Marinas team in the challenges of building the right and educational experiences for children, and hosts more than
pro forma, developing a complete construction estimate and a 300,000 guests per year, free of charge. The center promotes
corresponding development schedule. With extensive experience the conservation of ocean ecosystems with a special focus on
in large scale construction, Mr. Meyer has worked on projects from threatened and endangered sea turtles, and is recognized locally
resorts in Puerto Rico and Antigua, to marinas in St. Thomas (USVI), and internationally as one of the leading authorities in sea turtle
St Lucia (WI), Antigua (WI) including the mega yacht marinas education, research, and rehabilitation.
Rodney Bay Marina, Yacht Haven Grand and Nelson Dockyard
and dredging in Antigua, St Maarten, St Thomas (USVI) and St LMC also manages a 9.5-mile stretch of beach in Palm Beach
Croix (USVI). Mr. Meyer has been directly involved in the design County that is considered the epicenter of sea turtle nesting in North
of over 50 marinas and the direct construction of over a dozen America. Each year the permanent staff of over 20 cares for more
marina projects worldwide. than 100 rescued sea turtles, manages hundreds of volunteers and
runs the 12,000 square foot facility. Dozens of seasonal workers
Suntex - Tom DeLong, Vice President, Food & Beverage - Tom increase the staff count during the turtle nesting and hatching season
DeLong is responsible for all food and beverage operations at to monitor nests, host nighttime nesting walks, and support ongoing
Suntex including Marina Jack Restaurant, Marina Jack II Luxury research activities. As with all of Suntexs marinas, a portion of the
Cruises, Olearys Tiki Bar & Grill, Turtle Beach Grill and Caribbean net proceeds will be donated to the charitable work of the LMC to
Jacks in Daytona Beach. Total overall operations are based in protect marine wildlife for generations to come.
Florida. Mr. DeLong has 280 employees under his responsibility
with annual food and beverage revenues in excess of 22 million. ii. Responsible Boater Initiative Nationwide
marine life and the ocean ecosystem. The Responsible Boater (f) Principal Resumes
Initiative includes: SEE PRINCIPAL RESUMES ATTACHED TO APPENDIX 4.
Workshops for the boating community.
Responsible boating signage provided to participating
marinas. (g) Availability of Financial/Business References
Waterway cleanups. SEE APPENDIX 3 SECTION II AND SCHEDULE A FOR
FINANCIAL REFERENCES.
Suntex will implement the Responsible Boater Initiative nationwide
to join LMC in the fight to protect marine life and the waterways
they call home. The Responsible Boating Initiative will of course be (h) Business References
implemented at the Virginia Key Marina redevelopment. SEE APPENDIX 3 SECTION II AND SCHEDULE B FOR
BUSINESS REFERENCES.
The Responsible Boating Initiative is an opportunity to expand
educational message of conversation to the boating community
and begin working together to protect sea turtles and our local (i) Financial References
coastal environments. The initiative is funded in partnership with SEE APPENDIX 3 SECTION II AND SCHEDULE A FOR
the BoatUS Foundation. The BoatUS Foundation for Boating Safety FINANCIAL REFERENCES.
and Clean Water is an innovative leader promoting safe, clean
and responsible boating. The Foundation provides educational (j) Financial Institution Evidence of Financial
outreach directly to boaters and supports partner organizations Wherewithal/Financing
nationwide. With millions of boaters on the water, BoatUS aims SEE APPENDIX 3 SCHEDULE A FOR FINANCIAL
to reduce accidents and fatalities, increase stewardship of our INSTITUTION LETTERS.
waterways and keep boating a safe and enjoyable pastime. The
BoatUS Foundation is a national 501(c)(3) nonprofit organization.
Jeremy Gauger, AIA, LEED AP, Project Architect/Landscape Design an additional 5 miles along the Miami River. The space will
- Mr. Gauger is a registered architect in Florida and specializes in provide a continuous path for walking and biking along
integrating architecture with landscape in a sustainable manner. Miamis waterfront.
He is currently a Vice President in Arquitectonicas Headquarters The Harbour, Coconut Grove Waterfront Redevelopment,
in Miami. He served as Project Manager for the Perez Art Museum Miami, FL - Restoration of two historic Pan Am seaplane
Miamis resilient underground parking garage and landscape, hangars; one to be reused as retail with an emphasis on boat
which earned a 2015 Honor Award from the American Society supplies and the other for boat storage. The plan features a
of Landscape Architects (ASLA). Mr. Gauger specializes in large outdoor vertical boat storage area. All large trees on
the firms marina-related projects. His past project experience the property will be preserved, with park land being added
regarding waterfront and marina projects similar to the Virginia Key where surface lots are today. Plantings will feature flora
redevelopment includes: native to Florida and dominant to Coconut Grove. Parking is
Biscayne Line Waterfront Baywalk, Miami, FL - 7-mile linear concentrated in a four-story garage.
waterfront promenade. The public space will stretch from the Rybovich Waterfront Village Mixed-Use Development
Rickenbacker Causeway to the Julia Tuttle Causeway, with & Marina, West Palm Beach, FL - This 14 acre marina
an additional 5 miles along the Miami River. The space will development includes more than 1,000 condos, 15,000 SF
provide a continuous path for walking and biking along of restaurants, 61,500 SF of office space, 10,000 SF of retail
Miamis waterfront. space, a beach club, boat dock and six mega-yacht slips.
Perez Art Museum Miami/ Museum Park, Miami, FL -
Raymond Fort, Assoc. AIA, Project Designer - Mr. Fort, born and As Landscape Architect, ArquitectonicaGEO designed
raised in Miami, has been with Arquitectonica since 2012. He has horizontal landscape and green infrastructure elements,
experience in mixed-use, residential, office, educational, cultural, facilitating the installation of 100 suspended and planted
institutional and retail development. He has worked as a project columns. The native plant palette requires minimal water,
designer and project manager. He currently resides in Coconut and extends habitat for animals along Biscayne Bay. Porous
Grove where he serves on the Village Council and the Business paving and rain gardens encourage rain water infiltration
Improvement District Committee. His past project experience into ground level planting. Rainwater and AC condensate is
regarding public-private partnership waterfront projects similar to stored for irrigation of the suspended planters.
the Virginia Key redevelopment includes:
Icon Bay Waterfront Residential & Public Park, Miami, FL, - Sherri Gutierrez, AIA, LEED AP, Project Director - Ms. Gutierrez is a
The 754,700 SF Icon Bay is a thin elongated tower that floats Principal at Arquitectonica and has been with the firm for 20 years,
over a new waterfront park. It is the first of a new generation of she has served as the Miami Office Director since 2007. She is a
residential towers on Biscayne Bay in that it creates part of a Registered Architect and a LEED Accredited Professional. Sherri
public-private partnership to unlock the value of the bayfront. has worked on many of Arquitectonicas most prominent projects
The building balconies fold playfully along the facades. They nationwide as well as internationally. These projects total over 30
create a pattern of light and shadow, reflection and opacity. million square feet of built work. Her portfolio includes mixed-use,
hospitality, residential, office, retail, cultural and public buildings.
Laurinda Hope Spear, FAIA, RLA, ASLA, LEED AP, IIDA, Design Her project experience includes:
Principal - Landscape Architecture - As a founding principal of Brickell City Centre, Miami, FL - This 5-block, 8.8 million SF
Arquitectonica and ArquitectonicaGEO, Ms. Spear has been active project was designed as a sustainable, mixed-use, tropical
from the beginning, and has participated in the design of projects urban living and gathering district for downtown Miami. Its
undertaken by both firms. She has lectured around the world, and programmed with retail, hotel, office, residential towers, and
her work has been exhibited in many prestigious museums. Many parking garages. BCC features public courtyards, large-scale
of Ms. Spears projects have been featured in books, prominent pedestrian bridges with park-like elements, performance
magazines and professional journals. She is active in numerous and gathering spaces, urban streetscapes, and multi-modal
community affairs, a trustee of the National Tropical Botanical transit.
Garden and a member of the Brown Corporation Emeritus. Her The Harbour, Coconut Grove Waterfront Redevelopment,
project experience includes: Miami, FL - Restoration of two historic Pan Am seaplane
Biscayne Line Waterfront Baywalk, Miami, FL - 7-mile linear hangars; one to be reused as retail with an emphasis on boat
waterfront promenade. The public space will stretch from the supplies and the other for boat storage. The plan features a
Rickenbacker Causeway to the Julia Tuttle Causeway, with
large outdoor vertical boat storage area. All large trees on management for urban, commercial high-rise buildings, single-
the property will be preserved, with park land being added family and multi-family residential. His project experience includes:
where surface lots are today. Plantings will feature flora The Harbour, Coconut Grove Waterfront Redevelopment,
native to Florida and dominant to Coconut Grove. Parking is Miami, FL - Restoration of two historic Pan Am seaplane
concentrated in a four-story garage. hangars; one to be reused as retail with an emphasis on boat
Rybovich Waterfront Village Mixed-Use Development supplies and the other for boat storage. The plan features a
& Marina, West Palm Beach, FL - This 14 acre marina large outdoor vertical boat storage area. All large trees on
development includes more than 1,000 condos, 15,000 SF the property will be preserved, with park land being added
of restaurants, 61,500 SF of office space, 10,000 SF of retail where surface lots are today. Plantings will feature flora
space, a beach club, boat dock and six mega-yacht slips. native to Florida and dominant to Coconut Grove. Parking is
concentrated in a four-story garage.
Alejandro Gonzalez, AIA, LEED AP, Project Manager - Mr. City of Miami Public Waterfront Park and Icon Bay Residential
Gonzalez is a Principal at Arquitectonica and has been with Development, Miami, FL, - The 754,700 SF Icon Bay is a thin
the firm for 17 years. Mr. Gonzalez is a Registered Architect elongated tower that floats over a new waterfront park. It is
and LEED Accredited Professional. As a lead designer, he has the first of a new generation of residential towers on Biscayne
designed a wide range of building types including mixed-use, Bay in that it creates part of a public-private partnership to
retail and entertainment, residential, hospitality, offices, museums, unlock the value of the bayfront.
performing arts centers, convention centers, sports facilities, cruise
ship terminals and observation towers. His project experience 3. ENGINEER AND ENVIRONMENTAL CONSULTANT
includes: Moffat & Nichol
Brickell City Centre, Miami, FL - This 5-block, 8.8 million SF
project was designed as a sustainable, mixed-use, tropical
urban living and gathering district for downtown Miami. Its
programmed with retail, hotel, office, residential towers, and
parking garages. BCC features public courtyards, large-scale
pedestrian bridges with park-like elements, performance
and gathering spaces, urban streetscapes, and multi-modal
transit.
Jacksonville Shipyards Waterfront Redevelopment Master
Plan, Jacksonville, FL - The forty-acre waterfront development
includes four residential towers totaling approximately 1,000
condo units, waterfront villas, hotel, office space, ground-
floor retail, extensive amenities, revitalization of four on-site The Wharf at the Southwest Waterfront, Washington, D.C.
historical ship-building piers, the continuation of an adjoining
public riverwalk as well as a marina and parking garages.
Swire Dalian Waterfront Development, Dalian, China - This Moffatt & Nichol is a leading global infrastructure advisor
large-scale, master planned, urban mixed-use development specializing in the planning and design of facilities that shape
along Dalians waterfront includes a shopping mall and 4 our coastlines, harbors and rivers. Headquartered in Long
apartment towers. The project consists of 1,500,000 SF of Beach, California and operating out of 30 offices throughout
retail and entertainment; 1,600,000 SF of residential use with North America, Europe, Latin America and the Pacific Rim,
a total of 999 units; 40,000 SF clubhouse; and underground Moffatt & Nichols practice features a portfolio of more than
parking for 2,656 cars. 8,000 projects. Moffatt & Nichol is recognized throughout
the world for its role in the evolution of modern marina and
John Ben Hutchens, RLA, LEED AP, SITES AP, ASLA - Landscape
small craft harbor design. It has been involved in the planning
Architect - Mr. Hutchens is a Registered Landscape Architect, and
and design of urban waterfront projects worldwide, with
recently served as Project Manager on the on the new Patricia and
its role typically focused on the waterfront structures and
Phillip Frost Museum of Science landscape, as well as numerous
facilities of such developments. These projects have ranged
other Florida-based and international projects. He is experienced
from new developments to redevelopment of aged existing
in landscape design, park and master planning and project
facilities - with nearly all being the focus of urban renewal municipal marina. As part of the planning process, Moffatt
and revitalization efforts. The firm is uniquely organized with & Nichol provided program development and identified,
environmental permitting project managers that work with pursued, and applied for government grants and loans to aid
the engineers and planners to develop designs and marina project completion. In addition, Moffatt & Nichol provided
configurations that meet stringent environmental regulatory civil site development, mechanical, electrical, plumbing, and
requirements. As the environmental permitting progresses, structural engineering services.
Moffatt & Nichol engineers complete the design and Julian B. Lane Park Renovation, Tampa, FL - Moffatt & Nichol
preparation of construction documents for marine and upland is providing marina and waterfront planning, permit support,
waterfront improvements. and final design for renovations of the waterfront at Julian
B. Lane Park, a 23 acre facility with approximately 1,800
Moffatt & Nichol have significant experience in marina and LF of frontage on the Hillsborough River in Tampa, FL. The
waterfront construction of mixed-use large scale projects in urban focal point of the renovated waterfront is the creation of a
areas of South Florida and beyond. A short list of some of these 1-acre practice basin that incorporates new launch docks
projects includes: for row and dragon boats, in addition to kayaks and
North Yard Redevelopment, Miami, FL - Moffatt & paddleboards. A signature waterfront center building will
Nichol provided planning, design and permitting for the provide boat storage and crew facilities on the first floor
redevelopment of the north yard at RMK Merrill Stevens on the and community center that overlooks downtown Tampa on
Miami River in Miami, Florida. The planned redevelopment of the second floor. During the design phase, Moffatt & Nichol
the 6-acre north yard includes a new ship lift from Pearlson prepared construction documents for the replacement of 725-
Shiplift Corporation with a 2,700-ton capacity for 230-foot feet of concrete bulkhead, the repair of 875 feet of existing
long vessels. The shiplift is supported by a marine foundation bulkhead, excavation and dredging templates to create the
with steel sheet pile combi-wall and augercast 24-inch- practice basin, 5,300 square feet of concrete overwater
diameter piles supporting the hoist platforms; six hoists on walkways and observations platforms, and floating docks for
either side of the platform. The dredge depth for the sheet piling the practice basin and transient dock facilities.
is -32 feet to accommodate the shiplift platform in the lowered The Wharf at the Southwest Waterfront, Washington, D.C.
position for the design vessel draft clearance. Four transfer - Known as The Wharf, the $2-billion development has
berths were designed in the shipyard to service a variety of re-envisioned 27 acres of land and 24 acres of water as a
vessels on cradles, and M&N designed the rail and augercast 3-million-square-foot mixed-use development that serves
pile foundations along with concrete slabs. Dredging and residential, retail, office, hotel, and public uses. It incorporates
excavation plans were developed and additional bulkheads waterfront parks, promenades, piers, docks, and marinas as
and moorings were designed along the Miami River. A well as homes, retail, and two levels of underground parking.
stormwater management system was designed to collect and As a key member of a development team, Moffatt & Nichol
treat runoff for discharge into drainage wells. M&N managed is providing planning, permitting, market analysis, pro forma,
the design of the site electrical, lighting, sanitary sewer, above- and below-water structural inspections, design, and
fire protection and domestic water utilities for the shipyard construction support services for all waterside elements of The
along with marine pedestals along the waterfront. Site Wharf. The planning and entitlement of the project involved
grading was designed to raise the grades above the FEMA over five years of meetings and negotiation with the U.S.
flood elevation. M&N processed environmental permits for Army Corps of Engineers, U.S. Coast Guard, National Park
the project from the U.S. Army Corps of Engineers, Florida Service, D.C. Harbor Master and D.C. Department of the
Department of Environmental Protection (FDEP), and Miami- Environment and required two acts of Congress. The adjacent
Dade Department of Environmental Resources Management. Gangplank Marina, a floating dock facility with a fuel dock,
A phased-permit approach was developed to facilitate early will provide more than 200 slips for recreational, transient,
construction. and live-aboard vessels. The historic Commercial Pier, which
St. Petersburg Downtown Waterfront, St. Petersburg, FL - houses larger commercial vessel for dinner cruises, day
Moffatt & Nichol provided the City of St. Petersburg with cruises, and ferries, will be preserved and extended. The
planning and engineering services in order to implement existing fixed dock Pier 4 will become the foundation for a
the goals and objectives of its Port Master Plan as well as two story maritime office building.
to design various structural and utility improvements at its
Additional information regarding Moffat & Nichols experience has participated in a variety of transportation, site/civil, and utility
and services can be found online at: www.moffatnichol.com. engineering projects for state, county, municipal, and private
agencies.
Tim Blankenship, Project Engineer - Mr. Blankenship is an engineer
registered in Florida with over 20 years of experience with Michael Herrman, P.E. Coastal/Marine Engineer - his
waterfront/marina, port infrastructure, and coastal engineering responsibilities include serving as project engineer on a wide range
consulting projects throughout the U.S., Caribbean and Central of urban waterfronts and marina projects. He conducts marina
America. He has completed over 50 marina and associated feasibility and market assessment studies for boating regions
waterfront improvement projects. The marinas have included throughout the U.S., the Caribbean, and Central America. Related
facilities for both wet and dry slips, and services have ranged design experience includes planning, engineering, environmental
from due diligence, planning, and feasibility studies, through impact assessments, including marina water quality assessments,
engineering design, environmental permitting and construction permit facilitation, and construction support services. Specific
administration. He has completed projects at both existing marina design experience includes design of navigation, dredging, dock
sites as well as at the adjacent Rickenbacker Causeway shoreline systems and marina related elements.
and recreational area.
4. GENERAL CONTRACTOR
Christy J. Brush, Environmental Regional Manager - Ms. Brush Moriarty
has 18 years of Environmental Permitting/Compliance Experience
and is a marine/coastal/waterfront project specialist. She
provides environmental/permitting support and a range of
client/stakeholder coordination, project strategy, and project
management functions in her role as Environmental Regional
Manager for Moffatt & Nichol. Her 18 years of experience includes
coordination among project teams and regulatory agencies to
acquire local, county, state, & federal permits. He past project
experience is comprised of a variety of projects in the coastal,
waterfront, and marine environment involving coastal/waterfront
resorts, residential/mixed-use structures, parks/other recreational
facilities, docks & marinas, beach nourishment, stabilization/
maintenance of inlets, including protective structures, stormwater
drainage systems, coastal/ marine habitat restoration, and other
ICON, South Beach
environmental enhancement projects.
Derek Sears, P.E, Electrical Engineer - has worked extensively in Moriarty was founded in 1985 and has established itself as the
the electrical engineering field in the design of commercial and preeminent Luxury Builder across the eastern United States. With
industrial power distribution, lighting, and electrical systems. 30 years of experience, Moriarty has executed over $15 Billion
In addition to electrical design, he has provided construction dollars worth of construction contracts. Moriarty offers value and
support for projects that have included low and medium voltage service to its clients with projects of all sizes. The firm currently
electrical, mechanical pump systems, fire protection, life safety, employs over 400 staff professionals doing in excess of $1.5
and communication/controls systems. With respect to waterfront Billion dollars of volume annually. The firm offers its clients a wide
facilities, Mr. Sears has been involved in the development and/or range of services including preconstruction consulting, construction
electrical system studies of material loading/unloading facilities, management, and general construction for new buildings,
port container terminals, and marinas. renovations, and the fit-out of interior spaces. Its experience
includes luxury high rise condominiums, large mixed use projects,
Forest Adkins, Civil Engineer - has more than 30 years of civil
university work, office and commercial space, laboratories,
and transportation engineering experience, including work for
institutional, healthcare, hospitality, residential buildings, and one-
the Florida Department of Transportation. His areas of expertise
of-a-kind construction projects.
include geometric design, plans preparation, drainage design and
permitting, and maintenance of traffic. Additionally, Mr. Adkins Moriarty has significant experience in marina and waterfront
construction of large scale mixed-use marina similar to the John Leete, General Contractor, Executive Vice President - John
contemplated Virginia Key Marina redevelopment. Moriarty has Leete has worked for John Moriarty & Associates since 1988 and
significant experience with projects similar to Virginia Key in urban helped establish the Florida office in 1990. Mr. Leete is responsible
areas in South Florida and throughout the United States, including for all facets of Moriartys Florida operation; guiding firm policy
projects that include fully automated boat lifts. A demonstrative and direction. He is further responsible for establishing the initial
sample of these similar projects is included below: project schedule and logistics plan; overseeing the implementation
Port Condo Boathouse, Fort Lauderdale, Florida - The Port of the construction plan; and facilitating communications among
Boathouse is the first concrete dry dock boat storage facility the construction team, design team and owner. In addition, he is
with state-of-the-art fully automated lifts. The building is home involved with preparing cost estimates and negotiating contracts.
to 125 slips that can house boats up to 53 feet long. The Mr. Leete has been involved in a range of projects including:
condo features a 15-story residential condo structure of 129 Miami Art Museum, Miami, FL - A 200,000 GSF State-of-
units on top of a 5-story parking podium. The Port Boathouse the-art Facility, LEED Gold, $85 Million.
was completed in 2006. ICON Brickell, Miami, FL - Three 53-story plus condominium
ICON South Beach, Miami Beach, Florida - ICON South and hotel complex with 1,700 units, Viceroy Hotel with
Beach is a 42 story 285 unit luxury condo with a 6 story 145 keys, three restaurants and a luxury 30,000 SF Spa.
parking podium along the shores of Biscayne Bay in South 4,472,000 GSF; $449 million; 2009.
Beach. As part of the construction a new seawall and Brickell Financial Centre, Miami, FL - Class A 600,000 SSF
baywalk area was built along the area of the Miami Beach Office Building, retail, restaurants, 2-story parking structure.
Marina. The ICON was completed in 2005. Project is LEED Platinum Certified; 1,200,000 GSF; $150
Murano Grande, Miami Beach, Florida - Murano Grande million.
is a luxury condo tower rising 40 levels above the beautiful Robert Nordling, Project Executive - Robert Nordling has
waters of Biscayne Bay. As part of the development new a masters degree in civil engineering, a bachelors in
seawalls and baywalks were built running along the Miami environmental engineering, and an associates degree in
Beach Marina. In total the project includes 270 residential engineering science. As Project Executive, Mr. Nordling
condo units with 1.2 million square feet. The Murano Grande is responsible for all facets of the project site ensuring its
was completed in 2004. success. He handles all client relations, design and value,
Atlantic Wharf, Boston, Massachusetts - This mixed-use engineering, negotiating subcontracts and change orders,
project is composed of a 31 story tower with 610,000 scheduling, quality control, safety management as well as
SQFT of office space, 220,000 SQFT of residential space, staff hiring and training. His past project experience includes:
6 levels of underground parking and a separate 7 story Sunlife Stadium Expansion, Miami Dolphin Headquarters
historical building. The project embraces the harbor with Turn Key Project The new 60,000 sf headquarters for the
expanded walkways and new docks. In total this waterfront Miami Dolphins attached to Sun Life Stadium presented
development includes 1.2 million square feet of mixed-use unique logistic and construction challenges. The focus was to
development and was completed in 2011. complete construction before Super Bowl 44, nonstop work
Liberty Wharf, Boston, Massachusetts - Liberty Wharf is a took place to meet this deadline keeping in mind that the
unique waterfront ambiance on historic Boston Harbor. The stadium was open to the public and all eyes were watching.
project consists of 3 buildings totaling 75,000 SQFT of indoor Apogee, Miami Beach, FL $87 million, 67 custom ultra-
space along with 11,000 SQFT of deck and balcony areas. luxury level 5 finish throughout, a 4 story private 67- 2 car
Over 500 linear feet of dock space was built along with the garage with 1 level below grade, interior design by Yabu-
new boardwalk. Liberty Wharf was completed in 2010. Pushelberg. This project is set on all side with water features
Pier 4, Boston, Massachusetts - Pier 4 is a 450,000 square and a 5 story water fall that spans the width of the building.
feet of mixed-use project with 301 rental units, 11,000 SQFT Required extensive below grade water proofing.
of retail and 400 linear feet of dock space. Amenities include
an outdoor pool overlooking historic Boston. Pier 4 was Fernando Vilela, General Superintendent - As Superintendent,
completed in 2015. Mr. Vilela is responsible for working with the Project Manager to
develop the overall schedule of the project. He ensures the job is
Additional information regarding Moriartys experience and safe, clean and that quality standards are maintained. He tracks
services can be found online at www.jm-a.com. progress and man power through daily reporting. In addition,
he also holds regularly scheduled subcontractor coordination the individual machines meet or exceed the specifications to
meetings and supervises area superintendent and field staff. deliver the most advanced automated boat storage system in the
world. Aero-Docks contracts with each entity below for the specific
Mr. Vilela is experienced in all levels of construction from specialty component, machine, structure or service to be supplied
subsurface/foundations through project completion and turnover. or built by each company and Aero-Docks controls the quality
Mr. Vilelas design experience provides him with a unique skills set with written specifications and acceptance testing protocols which
that gives him the ability to interact with all members of the team are monitored by aerospace experienced quality control teams
including design professionals to achieve fast paced solutions to going to each of the above companies manufacturing facilities.
the day to day challenges that will always crop up on complex This control system is the same system the Aero-Docks owner/
construction projects. His past project experience includes: President/Patent holder used in his prior businesses supplying The
Brickell City Centre Miami, FL - $1.05 Billion, 5.4 million Boeing Aircraft Company, Bell Helicopter, Northrup Grumman,
square feet of office, residential, hotel, retail and entertainment Pratt & Whitney Jet Engine and other aerospace companys
space, in addition to a two-level underground parking machines and sophisticated tools and dies which then were used
garage. Incorporates key transportation centers with the to build some of the most sophisticated aircraft in the world such as
Miami Metro Mover while offering easy access to interstate the Boeing 777 airplanes.
95. LEED Gold Certified.
Perez Art Museum of Miami, Miami, FL - 120,000SF. 2013 The following public and private companies are under contract with
Completion. LEED-NC Version 2.2 Silver Certification. The Aero-Docks to manufacture to specification the systems machines
120,000 SF Miami Art Museum stands apart from other and each provides the following component/service as follows:
museums by incorporating unconventional design and
construction methods such as; geothermal systems, micro- Columbus McKinnon - $900,000,000.00 per year revenue, listed
climate exterior/interior transitions by using hanging tubular on the NASDAQ exchange manufactures the components for the
gardens intergraded into an open air perforated trellis system, main boat storage elevator, SWBE, Steel Wheeled Boat Elevator.
subfloor MEPs and bubble deck technology; reducing weight
Rockwell Automation - $8.700,000,000.00 (billion) per year
while increasing PSF loads to increase interior gallery spaces
revenue, listed on the NYSE manufactures the computers, sensors,
without adding columns.
safety systems as well as manages the long term equipment and
maintenance agreements with Aero-Docks for Virginia Key.
5. BOAT STORAGE SYSTEM - AERO-DOCKS, ROCKWELL
TowardsZero - is a private company founded by two former
AUTOMATION AND COLUMBUS-MCKINNON
Rockwell Automation associates in 2002. The TowardsZero
Aero Docks company provides software programming, known in the industry
The patented Aero-Docks boat storage technology is as integration software. The companies staff has over 300
manufactured under exclusive license agreements by years cumulative experience in the programming and safety
and with the companies outlined herein with Aero- systems programming of AS/AR (Automated Storage/Automated
Docks. Aero-Docks is the exclusive licensee of the Lydle Patents Retrieval) machines. There are some 400,000 AS/AR machines
covering the boat storage systems technology. Those patent used within industry since the early 1970s.
numbers are: 8,596,946 and 2014/0154034. The first patent was Golden Boat Lifts - is a private company founded nearly 30 years
issued to the owner and President of Aero-Docks, LLC on December
ago in Fort Myers Florida. The companies owner, Bill Golden,
3, 2013 and the exclusive license to market and manufacture the
and president, Mike Shanley, produce 1000s of commercial
products was put in place with the Aero-Docks LLC company in
and residential boat lifts sold and serviced worldwide. Golden
early 2014. All team members below report to staff at Aero-Docks
manufactures to ISO 9001 standards the patented boat water
and Aero-Docks quality assurance team as described herein. lift and launch system to Aero-Docks patented design and
Aero-Docks has successfully put in place successful machine specification.
builders for each of the component machines that make up a Mack David Buildings - is a private design and erection structural
system. These machinery manufacturers are some of the finest steel company specializing in the buildings used for dry boat
names in the world of automation. Those companies manufacture storage. Because of the extensive experience of Mack Davids
the equipment under the supervision of Aero-Docks, LLC to assure ownership and stellar reputation for quality this company
manufactures the structural steel for the Aero-Docks Matrix storage David Coyle, Project Manager - David Coyle has more than
structure. This structure is considered an integral component of the two decades of experience in the pre-engineered metal building
Aero-Docks Automated Boat Storage System. arena, specializing in marina dry storage and hangar buildings,
and for 12 of those years, he owned and operated his own
R & L Engineering - is a privately owned company who specializes construction company that supplied and erected Pre-Engineered
in the design and manufacture of complex robots for industry. R & Metal Buildings. He has earned an excellent reputation for his
L is a 40 year old company and has designed and manufactures design work as well as his extensive knowledge of metal building
the Tugs for the traveling Steel Wheeled Boat Elevator (SWBE) construction, and has worked with some of the most prestigious
within the boat storage matrix/building. The 2 tugs travel from the metal building manufactures in the United States.
SWBE to the water lifts, retrieve the boats negotiating propellers,
multiple motors, rudders and the newest propulsions systems, POD Rockwell Automation
drives to lift the boats off of the water lift, then return to the buildings
SWBE with the boat and stop on the elevator. Once home on the Rockwell Automation is a $ 6 Billion US company with global
SWBE the computer controlled elevator begins to move to the stack operations and sales in 80 countries. We are an over 110 year
of storage apartments and up to or down to the correct floor old company that is the leading supplier of industrial automation
where the particular boat is to be stored. The tugs then move the control, information solutions and industrial automation services. As
boat from the elevators lift platform into/onto the buildings storage a point of reference for our experience in this area, in 1904, Allen-
bunk systems where the boat rests securely out of the elements until Bradley Co. shipped one of the first commercially manufactured
its next cruise on the sunny waters of Floridas. crane controllers for exhibition at the St. Louis Worlds Fair.
Rockwell Automation has a wide portfolio of successful systems
Additional information regarding Columbus-McKinnon can be installation for both crane controls and automated storage and
found online at www.aero-docks.com. retrieval systems (AS/RS). Rockwell Automation control systems
Aero Docks are installed in tens of thousands of applications around the world
- see specific sample of companies listed below.
Richard Lydle, Chairman and CEO - Mr. Lydle has owned, founded The Ford Motor Company, US Navy-Aircraft Carrier
and purchased numerous manufacturing companies during his Fleet, Titan Cement, General Motors, Georgia-Pacific,
manufacturing career that began in Akron Ohio. Richards strength Universal Studios (Harry Potter Ride), Disney World-Epcot,
is in the inventing and perfecting new manufacturing processes and Miami-Dade Water and Sewer and South Florida Water
equipment such as Aero-Docks and Container Logistics automated Management District. These companies have used Rockwell
systems. He was president/owner of 4 manufacturing companies products from 15 to 70 years successfully.
in three states that manufactured tooling and parts for numerous Aero-Docks Worldwides application of Rockwell Automation
customers including Ford, Raytheon, Boeing Airplane Company technology is based on sound engineering. Aero-Docks has
and U.S. Steel to name a few. He founded Metalkrafters of Ohio applied the technology and engineering principles to adapt
manufacturing steel process equipment and storage systems. a heavy lift system to adapt to different boat bottom shapes
Richard then purchased Cast Masters from the Timken Steel Co. which they have patents for.
At CastMasters he with Pratt & Whitney developed the Hollow The Technology Aero-Docks is applying to the Automated
Fan Blade System used in jet engines for the Boeing 777s. During Boat Storage System is well-tried and proven in the 1,000s
the 1990s Richard pioneered the casting process to make Invar, of warehouses and heavy lift industries.
a material that does not expand when heated, that was used in
composite tooling the F-22 Raptor Jet Fighters and many other Rockwell Automation/Allen-Bradley will supply the automation
airframes. Richard holds a B.S. in Entrepreneurial Business from controls hardware, operator interface stations, software, and motor
Miami University, Oxford, Ohio and completed Mechanical controllers and actuators for the Aero-Docks Automated Boat
Engineering courses at the University of Akron. Aero-Docks, LLC Storage System. A support contract that provides remote phone
and Container Logistics International, LLC are Richards fifth and support with system surveillance, on-site engineering support and
sixth start up companies. The company is dedicated to excellent spare parts that will help maintain the system operating at maximum
customer and employee experiences. The patents for the robotic effectiveness is also proposed for Aero-Docks projects. Additional
Aero-Docks products were issued to Richard during the last quarter Information regarding Rockwell Automation can be found at www.
of 2013. Currently there are two additional patents pending and/ www.rockwellautomation.com.
or filed with the USPTO and or International Patent offices.
Virginia Key Marina | RFP No. 16-17-011 Page 116
13. EXPERIENCE AND QUALIFICATIONS
John Keough, Regional Services Manager - Mr. Keough has an Mark D. Morelli, President and Chief Executive Officer - Mr. Morelli
Electrical Engineer Degree from Milwaukee School of Engineering was appointed President, CEO and Director of the Company
and has been in the Business of recommending and applying effective March 1, 2017. Mr. Morelli recently served as President
automation to equipment for 27 years. Throughout his career he and Chief Operating Officer of Brooks Automation from 2012
has consulted in many construction projects for a wide array of to 2016. Previous to his role at Brooks Automation, Mr. Morelli
manufacturing equipment from high-speed packaging machines, served as Chief Executive Officer of Energy Conversion Devices,
to tissue and paper machines, and in Automated Storage and an alternative energy company. Mr. Morelli has also held positions
Retrieval Systems to name a few. In his current role, he is responsible with United Technologies and Carrier Commercial Refrigeration.
for the Rockwell Services and Support Business in the Southern Mr. Morelli began his career as a U.S. Army officer and helicopter
United States from front-end definition to delivery/fulfillment of pilot.
Service Contracts. With a focus on Business Outcomes, Rockwells
services business has a broad portfolio of support programs. Mr. Gene P. Buer, Vice President - Solutions Group - Mr. Buer was
Keough has applied this portfolio in innovative ways and created named Vice President Global Services and Vertical markets on
customer specific support programs to enhance their ability to March 27, 2014. He previously served as Vice President - North
reliably operate their equipment. America. Prior to the transition from Executive Director to Vice
President of Hoist Products - the Americas in 2009, Mr. Buer was
Remo Guarnieri, Sr. OEM Account Manager - Remo has more than President of Columbus McKinnons Crane Equipment and Services,
20 years of experience in being an automation advisor for Rockwell Inc. subsidiary and served in other executive capacities. Prior to
Automation clients. He has worked in various applications and joining the Company in 2005, Mr. Buer held Senior Executive and
industries including Material Handling (Baggage Handling, AS/ sales management positions with several industrial companies,
AR Systems and Warehouse Management Systems), Packaging including Ingersoll-Rand, Zimmerman International Corp., and
machinery, Convert/Print/Web, Entertainment, and Process Champion Blower and Forge.
Equipment. In his current role, Remo is focused on helping OEMs
be more competitive in the marketplace by providing tools and Mack David Buildings
resources that allow them to reduce the total cost to design, deploy, If you are looking for a pre-engineered metal building specialist that
and deliver equipment. Also, Remo has learned many lessons in the puts customer satisfaction first and returns your call promptly, you
automation realm that he shares with clients as the fellowshipping have come to the right place. After you see the work, functionality
cultivates a partnership relationship to grow and challenge each and beauty of the buildings shown here, please contact Mack
other to become better business leaders in the marketplace. David Building Systems to begin a collaborative journey through
Columbus-McKinnon the intricacies of pricing, designing, and erecting a building that
you will be proud of.
Columbus McKinnon Corp is a publically traded US based
company (CMCO - NASDAQ) with $800M in revenue, a global Mack David will help you save time and stress while getting the
operating footprint, and sales in the Americas, EMEA, and APAC best price, best service, and enjoy the confidence of knowing that
regions of the world. We are an over 140 year old company that more than 25 years of experience is going to work for you not
is a leading supplier of material handling products and systems a builder or corporate entity, just you. I offer personalized, hands-
such as hoists, cranes, monorails, rigging, linear motion actuators, on service and solutions for getting your project from concept to
drives, and controls. completion.
Our products and systems are widely regarded by elite global David Coyle, President - David Coyle has more than two
companies as the most robust, reliable, safe and efficient in the decades of experience in the pre-engineered metal building
world. We have a very large installed base of products and arena, specializing in marina dry storage and hangar buildings,
systems in challenging applications / environments with a roster and for 12 of those years, he owned and operated his own
of customers that reads like a roll call of the Global 2000 top construction company that supplied and erected Pre-Engineered
industrial companies. Additional information regarding Columbus- Metal Buildings. He has earned an excellent reputation for his
McKinnon can be found online at: www.cmworks.com. design work as well as his extensive knowledge of metal building
construction, and has worked with some of the most prestigious
metal building manufactures in the United States. David believes
in staying on top of current trends and best practices in all things
Virginia Key Marina | RFP No. 16-17-011 Page 117
13. EXPERIENCE AND QUALIFICATIONS
marina. A native of Kentucky, he now calls Sarasota, Florida home aluminum boat lifts. He now enjoys a large share of the Boat Lift
and in his spare time, builds scale models of boat racks, marinas market as the owner and president of Golden Boat Lifts, selling
and other types of PEMB, that he takes on the road with him to give boat lifts all over the world.
clients a complete visual experience.
Mike Shanley, President - Mr. Shanley has been in the boating
Golden Boat Lifts and marina industry for more than 25 years, earning hands
on experience in marina operations, development, boat
Golden Boat Lifts, is ISO 9001:2008 certified. We continue manufacturing and sales. He has managed and developed
in our commitment to manufacturing the Finest Boat Lifts In The properties with services that included wet and dry boat storage,
World We provide a full range of aluminum and floating lifts yachts clubs, ships stores service and sales departments. He is also
systems customized for powerboats, pontoon boats, jet boats, a certified marina consultant-manager, 2-time National Marina
wave runners, sailboats, and motor yacht vehicles of all types Day chairman and sat on the board of several marine industry
and sizes. Working with Aero-Docks patented hydraulic high associations. Mr. Shanley is President of Golden Boat Lifts, Fort
speed boat lift designs for the automation systems supplied by Myers, Florida.
Aero-Docks, LLC Golden uses our ISO 9001:2008 manufacturing
processes to deliver the highest quality boat lifts to Aero-Docks. R&L Engineering, Inc.
Golden Boat Lifts fabricates Aero-Docks Water Lift Systems built to
Aero-Docks patents and specifications. R&L Engineering, Inc. is a diversified engineering company
specializing in engineering services, system integration and
Golden Boat Lifts began operations in 1996 and now has over equipment manufacturing. Established in 1978 as a technical service
50 Employees and a dealer network that spans the globe. Here provider, by 1985, our growth required us to move to our current
at Golden we ensure that the dealers in our dealer network are location in Albany, Georgia, from which we have expanded to
all factory trained and experienced in selling and installing all over thirty thousand square feet of office and manufacturing space.
of our products. We are committed to manufacturing nothing but
the finest boat lifts available anywhere. Golden Boat Lifts is ISO Over the past thirty years, R&L Engineering has partnered with a
9001:2008 certified, that puts our company at a higher standard variety of companies to provide unique solutions. We have also
of manufacturing. We take our business seriously and use only provided services and equipment to multiple countries, apart from
the best suited materials for our boat lifts. Our gear boxes are the United States, including: Argentina, Australia, Brazil, Canada,
the strongest in the industry, in most cases twice as strong. This is Colombia, Iceland, Italy, Japan, Mexico and New Zealand.
also why we have the best warranty. We will warranty all of our Additional Information regarding R&L Engineering can be found at
suppliers products {motors, cables, etc.) for a full 2 years even rleng.info/our-company.
though they only cover the first year. There are no questions asked, Neal Stevens, President - Mr. Stevens joined R&L Engineering, in
we will replace the parts free of charge. The Sea Drives come with 1986, as an Electrical Engineer; During his career he has taken
a 10 year warranty and the aluminum boat lift structure has a full on progressively more responsible positions within the company.
15 year warranty. Golden Boat Lifts and Bill Golden currently hold Prior to being appointed President of R&L Engineering in 2009, Mr.
a patent on the GatorVator (Patent #6,470,816), our Cable Tie- Stevens was Chief Engineer for the company.
Off Device (Patent #6,918,345) and our Cable Bolt Device (Patent
#6,719,241). The Sea-Drive is patented (Patent #7,850,147) as Ruly Lopez, Principal, Safety Practice and Business Development -
well. Other innovative products like our Kayak Launch and Winder Mr. Lopez joined R&L Engineering in 2017 as a principal to grow
Cable Guard are currently Patent Pending. Our company is a a Machine Safety Consultancy and develop business consistent
part of many marine organizations including the NMMA, FMCA, with our very loyal client base. Mr. Lopez has spent over 30 years
SWFMIA, MRA, AMI and the MIACC as well as donating to many in the industrial automation business, most recently with Rockwell
causes including the Cystic Fibrosis Foundation and the CCA. Our Automation as a Solutions Architect and Business Development
company stays active in the local community by participating in Lead.
many local boat shows and over 20 boat shows worldwide.
John Tharpe, Consultant - Mr. Tharpe founded Marion Engineering.
Bill Golden, Owner & President - Bill Golden started in 1980 In 1978, he merged his Engineering company with R&L to form
building galvanized boat lifts until 1986 when he built the first R&L / Marion Engineering. The Marion was dropped from
aluminum elevators, and then moved on to 4 post and 8 post the company name in the following years. Mr. Tharpe holds a
and leased restaurant structure. properties similar to Virginia Key Marina redevelopment are the
The former approximately 8 acre Alexs Junkyard site, an following:
unlicensed dump and automotive recycling facility located Mr. Speed was the Principal-in-Charge of the Phase I and
on Stock Island (Key West) within a NOAA-designated II conducted at the 8-acre Grove Key Marina, which was
National Marine Sanctuary. Following cleanup, the project performed on behalf of the City of Miami during contemplated
transitioned to Site redevelopment permitting. Permit team redevelopment.
obtained an Environmental Resources Permit (ERP) for Mr. Speed is also the Principal-in-Charge of site assessment
the planned construction of a mixed-use commercial and and remedial activities conducted at the Miami River Park
recreational marina with leased restaurant structure. Marina (former Consolidated Yacht/Allied Marina facility)
The NuStar Energy (formerly Valero) Bulk Petroleum and project. This project is also a Brownfield, which is one of Mr.
Chemical Storage Facility, a set of three terminals located on Speeds passions.
the St Johns River in the Port of Jacksonville. Manifold and
stacked assessment and cleanup services due to multiple sites Eduardo F. Smith, P.E., Senior Vice President - Mr. Smith has over 20
with numerous historic releases of petroleum products and years of environmental and civil engineering design and consulting
petrochemicals. experience in the areas of planning, permitting, design and
construction involving contamination assessment and remediation,
Alex Chatham, P.E., Project Director - Mr. Chatham is a solid waste and storm water management, and water/natural
registered Florida Professional Engineer who has more than 16 resources. Examples of Mr. Smiths work on urban Florida marina
years of experience performing contamination assessment/ properties actually includes work performed on Virginia Key:
characterization and remediation, due diligence including Phase I Mr. Smith is the Engineer-of-Record for the 120-acre former
and II ESAs, Stormwater Pollution Prevention Plans, Spill Prevention Virginia Key Landfill re-development project, in which
and Countermeasure Control Plans, and Stormwater Design. Mr. he provided project management, technical oversight,
Chatham has worked on a variety of properties including marinas, engineering and permitting services related to the assessment
ports, commercial, industrial, agricultural, recreational, and and remedial action design.
residential addressing a variety of contaminants. Mr. Chatham has
successfully negotiated numerous unconditional and conditional Lisa L. Smith, Senior Technical Advisor - Mrs. Smith is an expert in
closures with regulators throughout Florida to meet clients goals. the field of risk based corrective action (RBCA). Ms. Smith provides
An example of a mixed-use, dry and wet slip, urban Florida unique insight with respect to regulatory issues. While working
marina property similar to Virginia Key Marina redevelopment that as Miami-Dade County Department of Environmental Resources
Mr. Chatham worked on in the past is in the City of Riviera Beach, Managements (DERM) Risk Assessor, Ms. Smith served as the
Florida: primary author of the Countys RBCA Ordinance, which regulates
As part of the City of Riviera Beachs urban redevelopment cleanup actions for county sites.
efforts at their approximately 5-acre marina facility which Marco F. Hernandez, P.E., Senior Project Manager - Mr.
included dry storage building with maintenance shop, wet Hernandez has over 12 years of experience in environmental
dockage and restaurant, an expedited investigation to address regulatory compliance, remediation, storage tank closure
environmental issues was required. Mr. Chatham supervised assessments, materials testing and construction inspection
tank closure activities for an apparent leaking aboveground services. Mr. Hernandez has prepared remedial action work
storage tank and oversaw the successful assessment and plans for the submission to the Miami-Dade County Department
remediation of petroleum-impacted soil and groundwater of Environmental Resources Management (DERM), the Broward
resulting in expedited unconditional closure for the marina. County Environmental Protection and Growth Management
This allowed the City to proceed with demolition and ultimate Department (EPGMD) and the Florida Department of Environmental
redevelopment efforts into a mixed-use development. Protection (FDEP).
Robert Alan Speed, Vice President - Mr. Speed serves as the
Southeastern Regional Environmental Service Line Leader and 7. DOCKS AND FOUNDATION
has over 25 years of experience in all phases of environmental Shoreline Foundation, Inc.
consulting, overseeing field activities involving due diligence, soil,
air, and groundwater monitoring and remediation, and RBCA Founded in 1986, Shoreline Foundation provides specialty marine,
closures. Examples of Mr. Speeds work on urban Florida marina heavy highway, and deep foundation construction services at
Virginia Key Marina | RFP No. 16-17-011 Page 120
13. EXPERIENCE AND QUALIFICATIONS
locations throughout the eastern United States and the Caribbean. Master upland facilities, further described as the following:
Shoreline Foundation protects our clientele with extensive insurance installation of 1,450 lf of precast concrete panel seawall
coverage, construction bonding, safety certifications & training, with 12 concrete batter and king piles, topped with a 5-0
and meticulous project management. Shoreline Foundation, Inc. wide poured-in-place concrete cap. A floating concrete dock
carries one of the most extensive insurance policies in the marine system anchored with 14 precast concrete piles, and finished
construction industry. Shoreline Foundation maintains an expert with 118 - 12 diameter wood mooring piles, equipped with
team to provide you with comprehensive construction estimating electrical, water, sewer and fire services. Upland work
services for hard-bid, design/build bid, engineers estimates, and includes underground utility services feeding the dock system,
owners budgeting requirements. Shoreline Foundation foreman a new paver sidewalk, four (4) dock entry kiosk structures,
and supervisors are OSHA 10-hour certified and CPR certified. over 100 electrical bollard lights, and the associated seawall
These minimum requirements are continually supplemented by a landscaping. The new Dock Master facility includes a new
continuing education process, facilitated by our full-time safety 1-story dock master building structure designed with an
officer in coordination with our independent safety consultant. office, lounge, men & womens restrooms, and laundry
Safety is our most important job. A dedicated project manager with facilities for the boat owners. The facility is enclosed with an
extensive contract and construction experience is assigned to your aluminum fence, a new Pavilion structure, and finished with
project and accessible to you 24 hours a day throughout its duration. architectural features including multiple benches, trash cans,
The project manager will be a constant force, regularly visiting the BBQ grills, picnic tables, and an electronic fish cleaning and
job site and meeting with the client. In addition, a full time on-site grinding facility.
superintendent will oversee all work on a daily basis and serve to Project: Haulover Park Marina Phase II - Total project
coordinate the work of the other trades. Shoreline Foundations cost $10 million. As designed by Coastal Engineering &
crane operators are State certified and our construction equipment Science, Inc. This project included construction of 625 linear
is carefully maintained by our full-time mechanical maintenance feet of new pre-cast concrete bulkhead, 4 new main piers
staff. Mechanical failures are addressed immediately and repairs designed to accommodate 85 additional vessels. Along
are generally completed in less than 24 hours. Our barges and with excavating 47,000 cubic yards of existing material to
tugs are dry docked and inspected on an annual basis and kept in create a new basin, upgrades to existing utilities including fire
excellent working condition. Equipment failure will not delay your suppression, potable water, lighting and landscaping, two
construction schedule. 90 deep injection wells were also constructed. This project
was constructed in two phases so the existing commercial
Shoreline has a number of significant projects under its belt in South fishing fleet could remain operational during construction.
Florida that are of similar type and use as Virginia Key Marina, and This project required constant and precise coordination and
also includes projects performed for Miami-Dade County marinas, scheduling with the owner and the engineer to minimize the
including: impact to the public. This project was completed on time with
Project: Pier 66 Marina Redevelopment Phase I & II - Total no injuries to the public or our workforce.
cost of the project was $8.6 million. The engineer of record
was Coastal Systems International, Inc. Construction included Additional information regarding Shorelines experience and
demolition and reconstruction of approximately 19,000 sf of services can be found online at www.shorelinefoundation.com.
fixed concrete docks & concrete finger piers; constructed on
18 and 14 square concrete pile, cast-in-place concrete James (Tony) A. Royo, President, Co-Founder, Partner - A Senior-
pile caps and pre-cast/pre-fabricated concrete deck slabs level Business Management Executive, James (Tony) Royo has
(ranging from 9 to 12 in depth). The deep water main dock, more than 35 years of diverse experience and proven record of
along the Intracoastal waterway consisted of approximately developing business growth programs and implementing directives
16,000 sf concrete topping slab. Approx. 36 slip concrete achieving strong, sustainable results. As one of the Founding
floating dock facility; with Electrical, Plumbing, Fire & Fuel Partners, Mr. Royo has served as President of Shoreline Foundation,
and anchored with 18 x 18 x 60 pre-cast concrete piling. Inc. since its inception in 1986 and has led the company to
Project: Dania Beach Municipal Marina - Total cost of the becoming highly-successful. With overall responsibility for
project was $6.3 million. Engineer on record was Craven corporate reputation, his extensive experience includes finance,
Thompson & Associates. The project consisted of a new property and job procurement, workers compensation and liability
seawall, a 120-slip floating dock system, and new Dock insurance, project bidding, legal matters, bonding, licenses, and
foreign marketing. Mr. Royo oversees all operational aspects of
Shoreline Foundation, Inc. in order to insure the companys success quality control, project documentation, logistics, planning,
and profitability. He is accountable for providing strategic direction scheduling, execution and completions. He is directly involved in
for the organization, coordinating the day-to-day development the project from the conceptual estimating stage to the bidding
and investment activities of the firm, and ensuring company stage and then follows each trade from award to completion.
objectives are consistently achieved. His input to contract negotiations prior to the start of construction
is essential to the administration of these contracts throughout the
Mr. Royo is also responsible for coordinating and overseeing construction period.
growth opportunities for Shoreline outside the United States, and
for targeting new businesses, growing and increasing penetration John has comprehensive expertise in the fields of marine operations,
of existing businesses, and leading the development of business project management, employee scheduling, subcontractor
and operations in emerging markets. Tony is at the forefront of scheduling, quality control, job safety and equipment maintenance.
identifying foreign market opportunities and understanding the Mr. McGee is versatile, articulate and profit-minded with extensive
complexities affiliated with these new ventures. Tony serves as experience in planning, development, administration and
the companys chief strategist, responsible for leading Shorelines management of construction operations with a consistent record
strategic management processes and development activities as well of achievement in improving quality, accountability and efficiency.
as managing the companys relationship with alliance partners. He possesses excellent construction specifications analysis and has
in-depth knowledge of architectural, structural, and mechanical
Barry S. Reed, Vice-President, Co-Founder, Partner - Barry is a systems. John has demonstrated his managerial skills on a variety
highly experienced Marine Construction Operations and Project of projects from management of the design process through
Management Executive with demonstrated strengths in large completion of construction, interacting with design teams, clients
scale, high-end and fast-track multi-million dollar projects. He is and construction trades. Clients admire his commitment to quality
an extremely hands on partner and directly accessible to clients and service standards, his attention to detail and his ability to get
with a proven ability to continuously deliver results. His technical the job done right and on schedule under even the most difficult
expertise is in deep foundation pile shoring design as well as strong circumstances.
capabilities in underground shoring. He is very versatile in design/
build of marinas with excavation expertise. Mr. Reed is responsible Charles M. Diveto, PE, GC, Construction Project Manager -
for planning, directing, and coordinating all project-related field Charles is a goal driven, results orientated construction manager
activities. He is accountable for the entire construction process with more than nine years field experience possessing excellent
including full P&L responsibilities. He provides management, detail-orientated planning, management & financial responsibility.
coordination and oversight in all aspects of project delivery systems Charles key achievements include: Project Manager of the
including budgeting, estimating, constructability, scheduling and Trump International Hotel and Tower, a 24-story, $120M five-
phasing, regulatory authorities, purchasing, and quality control. star condo-hotel; Project Manager of public and private marine
He provides direct supervision of Project Managers, staff, and projects for US Army Corps of Engineers, Palm Beach County,
subcontractors. Barry consistently provides superior decision- Miami Dade County, Sarasota County, City of Sunny Isles Beach,
making for a wide range of experience on large-scale projects, as and Moss & Associates; and, Project Engineer for Broward County
well as brings a vast array of knowledge to any project that starts Convention Center Access Ramp project reviewing all submittals,
from project feasibility on through site planning, design, budgeting, pay applications, and liaison to Port Everglades Civil Engineering
value engineering, scheduling, material and sub-contractor buy- design including water, sewer, paving and drainage for multiple
outs, negotiating, change orders, and claim resolution to end user projects including Riviera Isles by MINTO in Miramar, Florida.
occupancy.
Fred Maxwell, Superintendent - With over 25 years of marine
John R. McGee, Vice-President, Co-Founder, Partner - As a construction experience, Fred is responsible for overseeing daily
Vice President and founding partner of Shoreline Foundation, operations of the Marine Division. Transforming construction
Inc., John has earned a reputation for accepting nothing less drawings into steel, concrete, and wooden structures requires daily
than excellence in marine and pile driving construction. John has coordination of eight construction crews, scheduling of specialty
extensive knowledge in all aspects of company management and equipment, and the provision of constant attention to the needs of
financial policies. Mr. McGee is responsible for the administration the client. Over the last 18 years, Freds dedication to detail has
and construction oversight of the entire project life cycle for marine resulted in the creation of landmark marine facilities throughout
projects accountable for budgets, cost management, purchasing, South Florida and the Caribbean.
Consistently ranked as one of the top accounting firms in Chicago, Garth Solutions, Inc. (GSI) is a management consulting firm that
ORBA is a locally-based, full-service certified public accounting, delivers targeted and strategic business solutions to a diverse
tax and business consulting firm where individuals, businesses and portfolio of clients encompassing both the public and private
not-for-profit organizations go to build meaningful relationships sectors. GSIs core competencies are in the areas of public
with experienced, resourceful, and proactive business and tax outreach, workforce and small business development and project
advisors. What distinguishes ORBA among accounting firms are the management support services. The GSI team is made up of proven
connections our clients develop with knowledgeable individuals and talented professionals who immerse themselves in our clients
supported by the resources, people and expertise available within mission in order to deliver the most effective solutions tailored to
our firm. securing the best possible outcomes. We are natural collaborators
who enjoy ongoing, working relationships with trusted partners,
ORBA offers accounting, tax and business consulting services allowing us the freedom to leverage all resources at our disposal
to privately-held companies, individuals and not-for-profit to best support our clients needs. It is this scalability that enables
organizations. ORBAs certified public accountants have us to positively impact marquis projects such as the construction of
experience with accounting and assurance, tax planning and the $1.4 billion New Meadowlands (currently MetLife) Stadium in
compliance, business advisory services, valuation issues, fraud East Rutherford, NJ to managing a robust training and workforce
investigation and more. Our firm is dedicated to providing flexible, initiative on the $4 Billion Sole Mia Miami development project.
high-quality and value-added services that meet the needs of our One of our proudest accomplishments throughout our companys
clients. journey, however, is the over $400 million of economic impact we
have helped our clients to achieve in support of small businesses
ORBA offers clients the best of both worlds: We have the
and diverse firms across the United States journey. Additional
capabilities and service offerings of a large accounting firm with
information regarding ORBAs experience and services can be
global resources, but offer the attentive, personal service and
found online at www.www.garthsolutions.com.
partner involvement that you would receive from a smaller firm.
We make a personal commitment to every client we serve, treating Yvonne Garth, Community Outreach Leader - Garth Solutions,
your business as if it were our own. In fact, ORBAs directors Inc., led by Yvonne Garth, has a proven track record developing
and managers have some of the highest levels of direct client and leading the implementation of comprehensive public outreach
involvement in the industry. Additional information regarding initiatives that proactively engage local communities and promote
ORBAs experience and services can be found online at: www. their participation on marquis programs nationwide but especially
orba.com. in South Florida. Additionally, Ms. Garth has led the led the
implementation of innovative, capacity-building programs that
Michael Kovacks, CPA, Director - has served as an accountant
promote utilization of small, MWBE firms on marquis capital
for closely-held businesses for nearly 30 years. He has been
programs. Through her leadership, the Garth team has been
with ORBA since 1986 and is a member of the firms Real Estate
instrumental in the award of over $400 million in work to MWBE
Group. He became a Director in 2000. Mikes work focuses on
firms.
providing accounting, tax and business consulting services to mid-
size companies in a variety of industries, including real estate, (l) Project Team Resumes
manufacturing and financial services. Mike is also one of the firms SEE APPENDIX 5 SCHEDULE A FOR
experts in audits of employee benefit plans. He is a seasoned sailor PROJECT TEAM RESUMES
and enjoys cruising Lake Michigan for as long as the Chicago
season permits.
14.
ATTACHMENTS
PROPOSAL
CITY OF MIAMI
REQUEST FOR PROPOSALS (RFP NO. 16-17-011)
LEASE OF CITY-OWNED WATERFRONT PROPERTY
FOR MARINAS/RESTAURANT/SHIPS STORE USES
DEPARTMENT OF REAL ESTATE & ASSET MANAGEMENT LOCATED AT VIRGINIA KEY, MIAMI FLORIDA
VOLUME 2
14. PROPOSAL ATTACHMENTS
14. PROPOSAL ATTACHMENTS
VOLUME 2
*
* Please see following page regarding legal business entity
authorization.
*LEGAL BUSINESS ENTITY AUTHORIZATION:
.
VKLLC is authorized to do business in the State of Florida, Miami-
Dade County, and the City of Miami. VKLLC currently holds a valid
and active certificate of good standing with the Florida Department
of State Division of Corporations. VKLLC also has a current and
active Miami-Dade County Local Business Tax Receipt. VKLLC
currently has no impediment to obtaining a City of Miami Certificate
of Use, which may only be issued upon satisfactory inspection of the
completed premises, and a Business Tax Receipt, which may only
be obtained after obtaining a Certificate of Use. VKLLC does not
currently have a Business Tax Receipt under suspension or
revocation and is not the subject of code enforcement procedures, a
state law or county violation, or a violation of the zoning ordinance
or other city ordinance at the RFP site. VKLLC is not in violation of
any provision of Chapter 2, Article IV, Division 2 of the City Code,
and the proposed activity at the RFP site will be in compliance with
all City ordinances, including the applicable zoning ordinance at the
time of issuance of the Certificate of Use.
h. Stock Symbol, if Publicly Traded: Not Applicable
Virginia Key, LLC is a joint venture between RCI Group, Inc. and Suntex
________________________________________________________________
________________________________________________________________
________________________________________________________________
j. Proposers Principals:
Any principals included on this RFP Submission Form may not be substituted or
withdrawn from participation after the Submission Date unless the City Manager
specifically authorizes in writing a request for substitution.
Robert Christoph and Robert Christoph, Jr. are both authorized to negotiate.
________________________________________________________________
RCI is the business name used to describe the portfolio of related companies, all
owned and managed by Robert W. Christoph and Robert W. Christoph, Jr, the
principals of each company and the Christoph Family Trust.
2
Suntex Marinas is a real estate company investing exclusively in niche mixed-use
marinas and their related operating platforms. Suntex and its predecessor companies
have been in the marina business since 1995. Suntex is led by a management team
with over 100 years combined experience investing in, acquiring, developing and
operating marinas. Suntex currently employs approximately 60 people in its corporate
office and approximately 1,200 on-site at its marinas during peak seasons.
.
Suntex Marinas is the business name used to describe the portfolio of related
companies and marinas all owned and or managed by Suntex Marina Investors LLC and
its principals John D. Powers, Jr., Bryan Redmond, Chris Petty and David Filler.
.
VKLLC meets the RFPs threshold qualification standards and has the requisite
expertise and financial and management capability to develop a marina/restaurant
destination facility of similar scope and complexity as identified in the Project objectives.
As reflected in the attached Business Team and Development Teams Experience
Forms, the experience of the members of the Project Team far exceeds the minimum of
ten years experience in the management and successful operation of marinas,
restaurants, and ancillary facilities of similar size and complexity; including the minimum
of ten years active experience and responsibility for daily operations of a marina
restaurant; as well as the minimum of five years experience operating ships stores and
retail facilities. The Project Team consists of local firms that employ City residents and
contractors.
n. Is your company currently involved in any litigation in which an adverse decision might result
in a material changes in the companys financial position or future viability? If so, please
explain:
No.
________________________________________________________________
________________________________________________________________
________________________________________________________________
3
II. BUSINESS/FINANCIAL REFERENCES FOR ENTITY/PRINCIPALS
Please provide three (3) Business References and one (1) financial reference for each Principal.
Attach additional pages as necessary.
Business Reference 1:
________________________________________________________________
Bruce MacArthur / Chairman
Name/Title
________________________________________________________________
First National Bank of South Miami 305-667-5511 / bwmacarthur@wirtzcorp.com
Company Name Telephone No./Email
Business Reference 2:
________________________________________________________________
Glen Larson / President
Name/Title
________________________________________________________________
Dock & Marine Construction 305-751-9911 / glen@dockandmarine.com
Company Name Telephone No./Email
________________________________________________________________
752 NE 79th Street, Miami, Florida 33138
Address
Business Reference 3:
________________________________________________________________
Bill Golden / President
Name/Title
________________________________________________________________
Golden Boat Lifts 239-337-4141 / bgolden@goldenboatlifts.com
Company Name Telephone No./Email
________________________________________________________________
John Costa / Senior Vice President
Name/Title
________________________________________________________________
1450 Brickell Avenue, Miami, Florida 33131
Address of Bank/Financial Institution
Business Reference 1:
________________________________________________________________
Lach Cheatem / President
Name/Title
________________________________________________________________
Palmdale Oil Company 561-732-2433 / Lach@palmdaleoil.com
Company Name Telephone No./Email
Business Reference 2:
________________________________________________________________
Danielle Butler / President
Name/Title
Marine Industries Association Luxury Law Group 954-745-0799 /
________________________________________________________________
dbutler@luxurylawgroup.com
Company Name Telephone No./Email
________________________________________________________________
909 E. Las Olas Boulevard, Ft. Lauderdale, Florida 33301
Address
Business Reference 3:
________________________________________________________________
Sergio Rok / President
Name/Title
________________________________________________________________
Rok Enterprises, Inc. 305-377-4921 / sergio@rokenterprisesinc.com
Company Name Telephone No./Email
________________________________________________________________
David Albright / Senior Vice President
Name/Title
________________________________________________________________
1555 Palm Beach Lakes Boulevard, #110, West Palm Beach, Florida 33401
Address of Bank/Financial Institution
BusinessReference1:
BusinessReference2:
BusinessReference3:
4
FinancialReference1:
________________________________________________________________
Jonathan Simeons, SVP, South Region Commercial Banking Director
Name/Title
________________________________________________________________
2500 Weston Road, Suite 401 Weston, FL 33331
AddressofBank/FinancialInstitution
FinancialReference2:
5
III. PROPOSAL SUMMARY
a. Proposed Facilities:
Mixed-use marina center including: 750 slip automated dry stack facility, 162 wet slips,
30,000 square feet of commercial space, baywalk with observation points, casual dining
restaurant, table cloth dining restaurant, ship's store and dock master's office.
.
b. Proposed Parking:
630 parking spaces
.
c. Anticipated Regulatory Concerns:
ACOE, DEP, DERM, City of Miami, and Miami-Dade County
.
d. Referendum Date:
November 2017
.
e. Anticipated Project Commencement Date:
Anticipate commencing (1) permitting in January 20018; and (2) construction of Phase I
in September 2018.
.
f. Anticipated Project Completion Date:
48 months subject to permitting.
IV. FINANCIAL ASSUMPTIONS SUMMARY
Instructions: Please enter values for all cells. Footnotes may be added in in the "Notes / Other"
section.
Project Detail
Linear Footage of Marina Facilities 35,170 +/-
Total Wet Slips 162
Total Linear Footage of Wet Slips 8920 +/-
Total Dry Slips 750
Total Linear Footage of Dry Slips 26,250
Total Project Hard and Soft Costs $80,000,000
Developer's Fee, if any (percentage and dollar value) 6%
Assumed General Vacancy (at stabilization) 6%
Assumed Vacancy During Construction (as applicable) Minimized depending on phase & location
Proposed Construction Timeline (closing to Certificate Phase 1-24 months;Phase 2-36
of Occupancy) (Number of Months) months;Phase 3-48 months
Project Stabilization Year 2023
Projected Total Revenue at Stabilization $25,171,000
Projected Vacancy at Stabilization 5%
Projected Income
$2,150,000 increasing no less than 3% annually
Base Rent (Annual)
Escalations to Base Rent 3%-5%
Percentage Rent - Wet and Dry Slips 6%
Percentage Rent - Fuel 6%
Percentage Rent - Retail and Restaurant 6%
Marina Related Storage N/A
Marina Operations (non-fuel) $20,802,000 at stablization
Other (as applicable) N/A
Parking Contribution N/A per Addendum #5
7
Proposed Total Rent Payments - NPV (assume 5% $ 41,850,704
discount rate)
***Please note that this RFP Proposal Submission Form is in addition to the required proposal components
specified in the RFP. Please ensure that the contents of the Proposal are consistent with the information
provided within this summary. Where there is a discrepancy between the amounts offered within the Bid,
the amounts that would provide the greatest return to the City shall prevail***
8
AcknowledEement & Acceptance
Submittal of this Proposalshall constitute acceptance of allthe provlsions stated within the RFP, including,
but not limited to, the Indemnification provision provided in Section 11.M. of the RFP.
V. PROPOSER'S SIGNATURE
FINANCIAL REFERENCES
FLORIDA
CB
OMMUNITY BANK
City of Miami
Gentlemen:
Florida Community Bank (FCB) has lent the RCI Group funds totaling the low eight figures the past
two years to develop waterfront projects on the eastern seaboard. The partnership has included
development funds needed to enable a new 150,000 sq. ft. Bass Pro Shops Outdoor World to open
towards the end of last year along with construction funds to build a retail center consisting of a
Starbucks, Chipotle and T-Mobile.
Waterfront infrastructure is being funded by FCB where 1,650 linear feet of vertical bulkhead is
being constructed along with a landscaped Baywalk. RCI Group continues to deliver developments
that are public serving and offering the highest level of products and services.
FCB looks fonrrard to doing more business with RCI Group on their future projects.
David Albright
Senior Vice President
BUSINESS REFERENCES
SCHEDULE C
TO APPENDIX 3
Robert Christoph
Robert Christoph, Jr.
Robert Christoph
Robert Christoph, Jr.
Robert Christoph
Robert Christoph, Jr.
John R. Hopwood
Ralph Conti
Robert Christoph
Robert Christoph, Jr.
John R. Hopwood
Name: 1. Liberty Landing 1. Waterfront Mixed- 1. Jersey City, New 1. $60 million 1. Acquisition 1. 2010 - Present
Use: Retail, Jersey in planned Operation
John D. Powers, Jr. Commercial, Ship capital Management
Store, Restaurants, expenditures Capital
Bryan Redmond
and Mega-Yacht Expenditures
Chris Petty Marina
David Filler
Brucker Stensrud
2. Marina Jack & 2. Waterfront Mixed- 2. Sarasota, Florida 2. $60 million 2. Acquisition 2. 2016 - Present
Bayfront Yacht Works & Use: Retail, Ship Store, Operation
Marina Restaurant and Marina Management
Uses Capital
Expenditures
Role:
3. Snook Bight Yacht 3. Waterfront Mixed- 3. Fort Myers 3. $14 million 3. Acquisition 3. 2014 - Present
Club & Marina Use: Ship Store, Beach, Florida Operation
Team of Powers, Jr., Restaurant and Marina Management
Redmond, Petty, Filler and Uses Capital
Stensrud worked to perform Expenditures
due diligence, complete
acquisition and subsequently 4. Loggerhead Marina 4. 11 Waterfront Mixed- 4. 11 Marinas 4. $150 million 4. Acquisition 4. 2017 - Present
operate, manage and perform Portfolio Use: Ship Store, throughout Florida in planned Operation
capital expenditures as Restaurant and Marina capital Management
required for each prior Uses expenditures Capital
project. Expenditures
Today, the RCI Group and its related companies are widely
regarded in the eastern United States and the Caribbean for
providing a first class array of real estate services to a select group
of developers specializing in the creation of unique, luxury, multi-
dimensional marine related waterfront destinations. Due to its real
estate background and experience in commercial, residential,
multi-family, and marina properties, RCI Group and its principals
have established a quality reputation through their ability to
skillfully identify and integrate all phases necessary to create a
successful destination waterfront. As a result, RCI Groups
waterfront operations are the most desired destinations in their
respective markets.
Marina
T2 T1
600s 200s
500s
100s
PIER 3
Good Docking
400s
MARINE MAX
INTERNATIONAL
PIER 2
PIER 1
FLORIDA YACHT
300s INTERNATIONAL
MARINE MAX
N S
W
TRANSIENT
TRANSIENT
MONTYS
RAW BAR AMERICAN
WATERSPORTS
TRANSIENT
PARKING
Montys Raw Bar
A Coconut Grove tradition since 1969,
Montys Rawbar is renowned for its
fresh seafood, great music, and a scenic,
casual atmosphere. Whether you are
looking for the freshest Stone Crabs, a
great steak, or just a great hamburger or
fish sandwich, Montys is the place to be!
Over the last two decades, the principals of Suntex have acquired,
managed and/or sold approximately 60 marinas. The principals
and management of Suntex and its predecessor company have
typically invested in partnership with high net worth individuals,
family offices, private equity firms and hedge funds. Suntexs
realized and unrealized investments have a demonstrable track
record of providing high current income, as well as significant
capital appreciation.
In 1995, Johnny Powers, Ron Rhoades and Scott McMullin invested
in Lakeway Marina, their first marina together. Between 1995 and
1999, they were active in multiple real estate classes, including
office, multifamily, industrial, retail and golf assets - investing an
aggregate of over $200 million in partners and third-party capital.
Mr. Powers received his Juris Doctor in 1992 from the University of Texas.
Prior to attending law school, he graduated magna cum laude from Southern
Methodist University, obtaining a Bachelor of Business Administration degree
in Real Estate and Urban Land Economics and Finance. Mr. Powers has
also completed 30 hours towards his Masters of Business Administration
degree from Southern Methodist University.
Mr. Powers is a former member of the Texas State Bar Association. Mr.
Powers is a former member of the Young Entrepreneurs Organization and
current member of the Bent Tree Bible Church. He is also a graduate of the
Transformational Leadership Program. He resides in Dallas with his wife,
Cintia, and has six children, Alexandra, Jordan, Preston, J.D., Grace, and
John Austin. Mr. Powers leads Suntexs efforts with respect to the Folds of
Honor Foundation on which he serves as a board member.
Bryan Redmond
SUNTEX MARINAS Founding Principal, Head of Acquisitions
Home Office:
Bryan Redmond is Founding Principal and Head of Acquisitions of Suntex
17330 Preston Road
Marina Investors LLC (SMI). He is also a member of SMIs Executive
Suite 220A Committee. He has worked with the other Principals and investors for the
Dallas, TX 75252 past 15 years, and in that time has developed a network of high net-worth
investors who have participated in the ventures in which he is involved. His
214 789 1400
primary role is the overall coordination of all operations and implementation
plans to take on the projected growth of the company. Mr. Redmonds
Florida Office: experiences also include the negotiation, underwriting and the capitalization of
1688 Meridian Avenue debt and equity for real estate, marina and resort properties and operating
companies.
Suite 900
Miami Beach, FL 3313 Mr. Redmond was formerly a Director of M&A Business Development for
305 707 8355 Island Global Yachting (IGY). Prior to IGY, Mr. Redmond was Director of
Acquisitions for Sun Resorts International, Inc. (Sun Resorts). Sun Resorts
acquired, owned and managed 13 marinas located in Texas, Florida and the
Caribbean. Mr. Redmond has been responsible for over $500MM of marina
acquisitions (over 55 different marina properties to date) and involved in
over $700MM of transactions with Suntex, IGY, and Sun Resorts. He began
working with Sun Resorts International in 2002, and prior to that time he
worked for Arthur Andersen.
Prior to its merger with IGY, Mr. Petty was recruited by Sun Resorts
International, Inc. to manage American Yacht Harbor, St. Thomas, Virgin
Islands. Mr. Petty was retained by IGY after the merger and continued to
manage the marina and all associated operations for four years where he was
able to increase revenues by 48.0% and NOI by 38.0%. Mr. Petty has 21
years of experience as General Manager, Vice President & President of
various resort marinas in 9 states and the Caribbean. His experience ranges
from personal watercraft to the worlds largest mega yachts. He is a board
member of the Association of Marinas Industry, a certified port facility officer
and holds a U.S. Coast Guard Master Captains License.
Mr. Petty attended the University of Arizona, from which he graduated with a
Bachelor of Science.
Josalyn Claussen
SUNTEX MARINAS Director of Marketing
Home Office:
Josalyn Claussen is Director of Marketing for Suntex and has over 15 years
17330 Preston Road
of marketing experience that includes 8 years specific to marinas.
Suite 220A
Dallas, TX 75252 After college, Josalyn began her sales and marketing career with the
Arizona Republic. In 2002, prior to working for Suntex Marinas, Josalyn
214 789 1400
was Marketing Manager for Island Global Yachtings flagship property,
Yacht Haven Grande in St. Thomas, Virgin Islands. At Yacht Haven
Florida Office: Grande, she managed the daily operations for their marketing department.
While at Yacht Haven Grande, Josalyn developed and implemented an
1688 Meridian Avenue
integrated marketing plan to facilitate traffic to Yacht Havens 46-slip mega-
Suite 900 yacht marina and upscale shopping and dining galleria.
Miami Beach, FL 3313
305 707 8355 Josalyn received her Bachelor of Arts degree from Augustana College in
Rock Island, IL, where she majored in Business Administration with a
concentration in Marketing and Communications.
Brucker Stensrud
SUNTEX MARINAS Vice President, Mergers & Acquisitions
Home Office:
17330 Preston Road Brucker Stensrud is Vice President of Acquisitions and has 15 years of
real estate investment and development experience. Brucker has been
Suite 220A involved in the acquisition, development and disposition of over $700
Dallas, TX 75252 million in real estate assets throughout the United States and abroad,
214 789 1400 including over $400 million in marina acquisitions and developments with
Suntex since 2013.
Florida Office: Brucker previously served as Partner with JTL Capital, LLC, a closely held,
1688 Meridian Avenue private real estate investment and development company based in Dallas,
Texas. While at JTL, Brucker played an instrumental role in the
Suite 900 underwriting, acquisition, asset management and disposition of properties
Miami Beach, FL 3313 spanning various asset classes including over 2.5 million square feet of
305 707 8355 retail, over 1.5 million square feet of office, 5 multifamily / condo
developments, 1 ultra-luxury resort hotel, and over 10,000 acres of raw
land. These projects were located throughout the United States, Mexico,
Costa Rica and Panama. Brucker is also a partner and investor in
numerous real estate partnerships and operating companies.
Education:
Ferris State University, Big Rapids, MI- Bachelors Degree in Hospitality
Management
Ferris State University, Big Rapids MI-Associates Degree in Food Service
Management
Sigma Phi Epsilon
Other:
Chairman-Parking Advisory Committee/City of Sarasota
th
Event Chair-July 4 Bayfront Fireworks/Suncoast Charities for Children
Event Chair-NYE Fireworks Celebration/Suncoast Charities for Children
Florida Notary
Member-Sarasota County 100 Club/Law Enforcement
APPENDIX 5
DEVELOPMENT TEAM EXPERIENCE FORMS
For each member of your Development Team (i.e., the key persons to be involved in the remodeling, renovation or build-out of any proposed improvements),
please list the name and role of the individual and firm in the Project (for example, Project Manager, General Contractor, Architect, etc.), office location, license
number, number of years experience, and LEED certification, if applicable. Attach additional sheets, as necessary.
*
Individual Firm Role Office Location License No. Years Experience LEED Certification
Miami Beach,
Company RCI Group Proposer - 40+ -
Florida
Miami Beach,
Robert W. Christoph RCI Group Manager - 30+ -
Florida
Miami Beach,
Robert W. Christoph, Jr. RCI Group Project Manager - 16 -
Florida
Capital Project Miami Beach,
John Hopwood RCI Group - 25+ -
Manager Florida
Miami Beach,
Robert Toomey RCI Group CFO/Comptroller - 20+ -
Florida
Miami Beach,
Mark Summers RCI Group VP Development - 25+ -
Florida
Director of Retail and Miami Beach,
Ralph Conti RCI Group - 40+ -
Leasing Florida
22+ (including
Company Suntex Marinas Proposer Dallas, Texas - predecessor -
entities)
Founding Principal,
John D. Powers, Jr. Suntex Marinas Dallas, Texas - 22+ -
CEO
Founding Principal,
Bryan Redmond Suntex Marinas Dallas, Texas - 15+ (w/ Suntex) -
Head of Acquisitions
Principal, Investment
Chris Petty Suntex Marinas Dallas, Texas - 21 -
Services
Company Bilzin Sumberg Full Service Law Firm Miami, Florida - 19+ -
Suzanne Amaducci-
Bilzin Sumberg Attorney Miami, Florida 983731 24 -
Adams
Master
Company Arquitectonica Miami, Florida AAC000465 40+ YES
Planning/Architecture
Forest Adkins Moffat & Nichol Civil Engineer Miami, Florida FL PE 56003 20 -
Coastal/Marine
Michael Herrman, PE Moffat & Nichol Miami, Florida FL PE 66025 20 -
Engineer
Derek Sears, PE Moffat & Nichol Electrical Engineer Miami, Florida FL PE 79389 10 -
Bill Golden Golden Boat Lifts Owner and President Fort Myers, Florida - 25 -
Principle, Safety of
Ruly Lopez R & L Engineering Athens, GA - 32 -
Equipment
Consultant and
John Tharpe R & L Engineering Founder, Safety of Athens, GA - 32 -
Equipment
Integration/Software
Company Toward Zero Centennial, CO - 14 -
Code Development
Co-Founder,
Aaron Muhl Toward Zero Integration/Software Centennial, CO - 7 -
Code Development
Co-Founder,
Administration
Don Rahrig Toward Zero Centennial, CO - 7 -
Integration/Software
Code Development
Structural Eng.for
Mack David Building Building, Erection and
Company Sarasota, Florida - 26 -
System contract project
management
President, Erection,
Mack David Building
David Coyle Design and Project Sarasota, Florida - 24 -
System
Management
Environmental ENG: 4892
Company SCS Engineers Long Beach, CA 40+ -
Engineering GEO: GB172
Florida PE No:
Alex Chatham, PE SCS Engineers Project Director Boca Raton, FL 16 -
66922
Michael Fischer, PG,
SCS Engineers Senior Geologist Boca Raton, FL Florida PG 852 28 -
MEA
FL CPA #
AC37579
Michael Kovacks, CPA ORBA CPA Chicago, FL 30 -
IL CPA #
065.025889
DEVELOPMENT/PROJECT
TEAM RESUMES
CARTER N. MCDOWELL
Partner
Overview Education
Suzanne M. Amaducci-Adams, Real Estate Practice Group Leader, has extensive University of Miami, J.D.,
experience in handling all aspects of commercial real estate and finance cum laude, 1993
transactions, including acquisitions, mixed-use development, leasing, public
private partnerships, commercial mortgage backed securities, and loan Vanderbilt University, B.A.,
restructurings. Suzanne is very active in the areas of marina and hotel acquisition, cum laude, 1990
finance and development, and leads the firm's Hospitality Group. Suzanne has
been consistently recognized by legal publications including Chambers USA, The Awards and Honors
Best Lawyers in America, Florida Super Lawyers and South Florida Legal Guide. Chambers USA, Band 2,
In 2010, she was named one of the top 10 "Outstanding Women in Real Estate" Real Estate, 2007 -
by National Real Estate Investor. present
CREW Miami, Miami
Select Experience Outstanding Leadership,
$1 billion Public-Private Partnership redevelopment of Bridgeport 2014
Landing mixed-use development and marina in Connecticut
Representing real estate developer Bridgeport Landing LLC in the $1 billion CREW Miami, Networking
Public-Private Partnership redevelopment of a mixed-use project, situated Deal of the Year Award,
on the 52-acre Steel Pointe peninsula in Bridgeport, CT. The redevelopment 2011, 2012
will include a 2.85 million square foot complex of approximately 1,100 Daily Business Review,
apartments in several high-rise and midsized buildings, a hotel tower, Top Dealmakers of the
250,000 square feet of offices, 650,000 square feet of retail space and Year - Office finalist, 2014
restaurants, garage and surface parking for up to 4,000 cars, a town square
and lighthouse, a 375-boat slip marina, a 50-foot-wide boardwalk along the Daily Business Review,
water, a movie theater, and possibly, a heliport. Proposed to be built over a Top Dealmakers of the
10 to 15 year period, the project will bring the City of Bridgeport Year - Hotels, 2012
approximately $950 million in private investment.
Florida Super Lawyers,
Acquisition and financing of Bahia Mar Resort and Marina 2011 - present
Represented the joint venture between Tate/Rok Group, RCI Marine and
Rialto Capital Management in the acquisition of the company that held a Martindale-Hubbell, AV
long-term lease of the iconic Bahia-Mar Resort and Marina, a 39-acre Peer Review Rated, 2013
TM
waterfront parcel of property in Fort Lauderdale, Florida. Assisted the client Top Rated Lawyer ,
with forming the joint venture, negotiated the terms of the lease acquisition Banking & Finance Law
and executed financing arrangements. The transaction, which closed in July,
2014, involved the acquisition of ownership interests in an entity that National Real Estate
indirectly owned a fully operating 296-room Doubletree by Hilton hotel in two Investor, Outstanding
buildings, a 245-slip marina with fueling facility and ancillary office and retail Women in Real Estate
space. Redevelopment plans currently include a condo-hotel, restaurants, Award, 2010
shops and offices. Represented the joint venture in the lease acquisition and Real Estate Forum,
in obtaining debt financing for the acquisition. The representation continues Women of Influence, 2014
with the modification of the F&B and hotel management arrangements.
Hotel management and licensing agreements
Represented the privately-owned Half Moon Bay Resort in Jamaica in the
flagging of the property as a Rock Resort and the related management and
license agreements.
Daily Business
Select Experience Review, Most Effective
Miami-Dade County's $4 Billion Ocean Outfall Legislation Contract Lawyers - Public Interest
Award finalist, 2015
Representation of CH2M, a global full-service consulting, design,
construction, and operations firm, in securing the Owner's Representative Daily Business Review,
contract for Miami-Dade County's $4 billion Ocean Outfall Legislation Top Dealmakers of the
program. The 11-year Ocean Outfall project, mandated by the Florida Year - Mixed Use finalist,
legislature, will stop all wastewater discharge into the ocean by 2025. CH2M 2014
will manage the program, including the design, procurement, construction,
and commissioning of over 25 capital projects. We provided strategy Florida Super Lawyers,
development and implementation, government contracting legal counsel, 2013 - present
and advocacy before the Countys agencies, committees, and elected The Best Lawyers in
leadership. Our team was recognized as the 2015 finalist in the Daily America,
Business Review "Most Effective Lawyers" Public Interest category for its Administrative/Regulatory
contribution to the successful negotiation of this contract. Law, Land Use & Zoning
Zoning Analysis Under Miami 21 Zoning Code Law, 2010 - present
Representation of real estate developer in zoning analysis of multi-phase
development under Miami 21 zoning code, in preparation for the purchase of Florida Trends Legal Elite,
two major special use projects. 2008
ANTHONY DE YURRE
adeyurre@bilzin.com Practice Focus
P: 305-350-2404 | F: 305-351-2222 Land Development &
Government Relations
Overview
Anthony De Yurre is an Associate in Bilzin Sumberg's Land Development & Education
Government Relations Group and the International Group. His practice focuses University of Miami, LL.M.,
on the representation of real estate developers and investors with an emphasis on 2006
land use, zoning and governmental relations, and experience including acquisition
financing, complex mixed-use and condominium development, construction Vanderbilt University, J.D.,
financing, debt restructuring, and distressed asset workouts. 2004
In addition, Anthony also has experience with complex real estate and corporate Duke University, B.A.,
litigation and has represented clients in both state and federal court. His litigation 2001
background provides him the ability within the Land Development practice to
create front-end solutions for clients to avoid future litigation pitfalls. Languages
Spanish
Anthony is an adjunct professor at the University of Miami (U.M.) School of Law in
the Real Property Development Program where he teaches problem solving on Portuguese
large scale, mixed-use development issues. A Miami native, he is a committed
venture coach assisting start-up businesses at the University of Miami Blackstone Awards and Honors
Launch Pad business incubator. He is a past honoree of the Cystic Fibrosis
- Hispanic National Bar
Foundation in Miami-Dade County as an 'Outstanding Lawyer Under 40' and one
Association, Top Lawyers
of only 400 attorneys to have earned a Master of Laws in Real Property
Under 40, 2017
Development from U.M. following completion of his Juris Doctor.
Anthony is fluent in Portuguese and Spanish. - Coral Gables Chamber of
Commerce, Executive Star
Award Finalist, 2017
Select Experience
Development of $300 Million Coral Gables City Center Public-Private - Cystic Fibrosis
Partnership (P3) Project Foundation, 40 Under 40
Representation of Coral Gables City Center, a joint venture between The Outstanding Lawyers of
Allen Morris Company and The Related Group, in response to a Request for Miami-Dade, 2009
Proposal by the City of Coral Gables for a mixed-use public-private
partnership project to redevelop two public municipal garage sites with Admissions
private development. The Bilzin Sumberg team guided client through the Florida
multiple stage process, resulting in selection by the Coral Gables City U.S. Court of Appeals,
Commission as the preferred proposer to negotiate for the development of Eleventh Circuit
the project. The end product will be state-of-the-art municipal garages U.S. District Court,
totaling 1,000 parking spaces and two towers, one office and one residential, Southern District of Florida
as well as ground floor retail for both garage sites. Total project costs are
U.S. District Court,
anticipated to be in the $300 million range.
Northern District of Florida
U.S. District Court, Middle
District of Florida
EDUCATION Mr. Fort, born and raised in Miami, has been with Arquitectonica
Master of Science in Advanced Architectural since 2012. He has experience in mixed-use, residential, office,
Design, Columbia School of Architecture, educational, cultural, institutional and retail development.
Planning and Preservation, 2012
He has worked as a project designer and project manager.
Bachelor of Architecture, Cornell University He currently resides in Coconut Grove where he serves on
School of Architecture, 2011 the Village Council and the Business Improvement District
Committee. Raymond has a dream of urbanizing Miami,
Ransom Everglades School, 2006 and is particularly interested in pursuing alternative forms of
transportation and building density.
PROFESSIONAL ORGANIZATIONS
Associate, American Institute of Architects
RELEVANT PROJECT EXPERIENCE (SELECT LISTING)
EXPERIENCE
EDUCATION
BS Electrical Engineering, Derek Sears has been working in the electrical engineering field for five years. His
University of South Florida, experience is in the design of commercial and industrial power distribution,
2010 lighting, and electrical systems. In addition to electrical design, he has provided
REGISTRATION construction support for projects that have included low and medium voltage
Florida, PE, 79389, 2015 electrical, mechanical pump systems, fire protection, life safety, and
communication/controls systems. With respect to waterfront facilities, Mr. Sears
has been involved in the development and/or electrical system studies of material
loading/unloading facilities, port container terminals, marinas, and offshore
substations. These designs and studies have included the use of the electrical
power system design and analysis software (ETAP) to support and confirm load
flow, fault current, arc flash, and over-current protection coordination efforts and
results.
EXPERIENCE
EDUCATION
BS, Chemical Engineering, Mr. Adkins has more than 30 years of civil and transportation engineering
North Carolina State experience, including work for the Florida Department of Transportation - District 7.
University, 1988 His areas of expertise include geometric design, plans preparation, drainage
REGISTRATION design and permitting, and maintenance of traffic. Additionally, Mr. Adkins is
Florida, 56003, 2000 certified in Advanced Maintenance of Traffic Design and specifications package
AFFILIATIONS preparation. Mr. Adkins has participated in a variety of transportation, site/civil,
American Society of Civil and utility engineering projects for state, county, municipal, and private agencies.
Engineers (ASCE) During that time, he has served as engineer-of-record, task manager, and design
engineer on a number of task-based contracts for a variety of public entities
EXPERIENCE
EDUCATION
MCE Coastal Engineering,
University of Delaware, 1997 Mr. Herrman joined Moffatt & Nichol in 1997 following completion of his graduate
BCE Civil Engineering, studies in Coastal Engineering. Responsibilities include serving as project engineer
University of Delaware, 1994 or project manager on a wide range of urban waterfronts and marina projects. He
conducts marina feasibility and market assessment studies for boating regions
REGISTRATION
Florida, 66025, 2007
throughout the U.S., the Caribbean, and Central America. Related design
experience includes planning, engineering, environmental impact assessments,
Maryland, 25383, 2000 including marina water quality assessments, permit facilitation, and construction
AFFILIATIONS support services. Specific design experience includes design of navigation,
American Society of Civil dredging, dock systems and marina related elements.
Engineers
Rendering courtesy of RMK Merrill Stevens, LLC
Moffatt & Nichol (M&N) provided planning, design and permitting for the redevelopment of the north yard
at RMK Merrill Stevens on the Miami River in Miami, Florida. The planned redevelopment of the 6-acre
north yard includes a new ship lift from Pearlson Shiplift Corporation with a 2,700-ton capacity for 230-foot
long vessels. The shiplift is supported by a marine foundation with steel sheet pile combi-wall and augercast
24-inch-diameter piles supporting the hoist platforms; six hoists on either side of the platform. The dredge
depth for the sheet piling is -32 feet to accommodate the shiplift platform in the lowered position for the
design vessel draft clearance. Four transfer berths were designed in the shipyard to service a variety of vessels
on cradles, and M&N designed the rail and augercast pile foundations along with concrete slabs. Dredging
and excavation plans were developed and additional bulkheads and moorings were designed along the Miami
River. A stormwater management system was designed to collect and treat runoff for discharge into drainage
wells. M&N managed the design of the site electrical, lighting, sanitary sewer, fire protection and domestic
water utilities for the shipyard along with marine pedestals along the waterfront. Site grading was designed to
raise the grades above the FEMA flood elevation. The engineering design was conducted with early
contractor involvement to optimize the design and construction schedule. Construction documents were
prepared along with technical specifications, and M&N provided construction administration services.
M&N processed environmental permits for the project from the U.S. Army Corps of Engineers, Florida
Department of Environmental Protection (FDEP), and Miami-Dade Department of Environmental
Resources Management. A phased-permit approach was developed to facilitate early construction of certain
components including the upland transfer berths and shiplift hoist sheet piling. A submerged lands lease
through FDEP was also obtained for the waterfront marginal docking areas along the bulkheads.
St. Petersburg Downtown Waterfront, St. Petersburg, Florida
Moffatt & Nichol provided the City of St. Petersburg with planning and engineering services in
order to implement the goals and objectives of its Port Master Plan as well as to design various
structural and utility improvements at its municipal marina. As part of the planning process,
Moffatt & Nichol provided program development and identified, pursued, and applied for
government grants and loans to aid project completion.
In addition, Moffatt & Nichol provided civil site development, mechanical, electrical, plumbing,
and structural engineering services for the following:
Permit document preparation
Above- and below-water structural assessments
Above- and below-water utility assessments
Repair design for waterfront structures
Feasibility study for expansion of new marina facilities
Construction sequence phasing to accommodate federal mandates and funding restrictions
and minimize impacts to existing tenants
Construction document and schedule preparation
Construction administration services involving assistance in project bidding and award,
www.moffattnichol.com shop drawing reviews, and inspections
5607
John Leete
Key Qualifications
John Leete is responsible for all facets of the Florida operation; guiding firm policy and direction.
He is further responsible for establishing the initial project schedule and logistics plan; oversee-
ing the implementation of the construction plan; and facilitating communications among the
construction team, design team and owner. In addition, he is involved with preparing cost esti-
mates and negotiating contracts.
During his 28 year career, Mr. Leete has overseen over $3.2 billion dollars of South Florida de-
velopment featuring over 75 Residential, Mixed-use, Commercial, Hospitality and Institutional
projects. He has established relationships with local subcontractors and governing agencies.
Central Connecticut State University, New Britain, CT- B.S. Degree in Construction Management
Florida General Contractors License CGC 057640
Associated General Contractors
Construction Association of South Florida
Construction Executives Association
Project Executive
Key Qualifications
As Project Executive, Robert is responsible for all facets of the project site ensuring its success.
He handles all client relations, design and value engineering, negotiating subcontracts and
change orders, scheduling, quality control, safety management as well as staff hiring and train-
ing.
Project Executive
Key Qualifications
As Superintendent, Mr. Vilela is responsible for working with the Project Manager to develop the
overall schedule of the project. He ensures the job is safe, clean and that quality standards are
maintained. He tracks progress and man power through daily reporting. In addition, he also
holds regularly scheduled subcontractor coordination meetings and supervises area superinten-
dent and field staff.
Mr. Vilela is experienced in all levels of construction from subsurface / foundations through pro-
ject completion and turnover. Mr. Vilela design experience provides him with a unique skills set
that gives him the ability to interact with all members of the team including design professionals
to achieve fast paced solutions to the day to day challenges that will always crop up on com-
plex construction projects.
Completion:
2006
Size:
15 Story
129 Unit Condo
125 Slip
Boathouse
Developer:
Everglades LLC
Description
Architect:
The Port Boathouse is the first concrete dry dock boat storage facility
Stantec with state-of-the-art fully automated lifts. The building is home to 125
slips that can house boats up to 53 feet long. The condo features a 15
story structure on top of a 5 story parking podium.
ICON South Beach
Location:
Miami Beach, FL
Completion:
2005
Size:
42 Story
285 Units
Developer:
Related Group
Architect:
Seiger Suarez
Description
ICON South Beach is a 42 story 285 unit luxury condo with a 6
story parking podium along the shores of Biscayne Bay in South
Beach. As part of the construction a new seawall and baywalk
area was built along the area of the Miami Beach Marina.
Atlantic Wharf
Location:
Boston, MA
Completion:
2011
Size:
1,200,000 SQFT
Mixed-Use
Development
Developer:
Boston
Properties
Architect:
CBT Architects
Description
Years of Experience: 40 Mr. Lydle has owned, founded and purchased numerous manufacturing companies
during his manufacturing career that began in Akron, Ohio. Richards strength is
Education: in the inventing and perfecting new manufacturing processes and equipment such
Miami University, Bachelor as Aero-Docks and Container Logistics systems. He was president/owner of 4
of Science in Entrepreneurial manufacturing companies in three states that manufactured tooling and parts for
Business numerous customers including Ford, Raytheon, Boeing Airplane Company and
U.S. Steel to name a few. He founded Metalkrafters of Ohio manufacturing steel
process equipment and storage systems. Richard then purchased Cast Masters
from the Timken Steel Co. At CastMasters he with Pratt & Whitney developed the
Hollow Fan Blade System used in jet engines for the Boeing 777s.
During the 1990s Richard pioneered the casting process to make Invar, a
material that does not expand when heated, that was used in composite tooling
the F-22 Raptor Jet Fighters and many other airframes. Richard holds a B.S. in
Entrepreneurial Business from Miami University, Oxford, Ohio and completed
Mechanical Engineering courses at the University of Akron. Aero-Docks and
Container Logistics Worldwide are Richards fifth and sixth start up companies.
The company is dedicated to excellent customer and employee experiences. The
patents for the robotic Aero-Docks products were issued to Richard during the last
quarter of 2013. Additional information regarding Aero-Docks and Technomarine
can be found online at: www.technomarine.com.
Mr. Robert Christoph Sr.
Virginia Key Design - 750 Boats within the dry stack, maximum length 65 feet, 45,000
pounds maximum weight.
Aero-Docks System III stores 40-55% more boats depending on layout in EXACT same
size building footprint and height of forklift dry stack. System IIIs unique ability to work in
a building maximum of 200 feet (61m) in height allows 250% more boats on same
amount of land when going above the 61 ft (19m) maximum for a forklift building. See
Casa Del Mar project detailed design layout comparison of forklift dry stack system to
our System III designed layout later this page. We put 46% more boats in exact same
building and increased linear footage available and PROFITABLE INCOME by 86%! Our
System III does NOT use individual boat carriers which is a significant cost and cycle time
savings. Systems attempting to use carriers have their cycle times greatly increased due
to once boat is launched the boats carrier must be returned into building. Aero-Docks
system is ready to retrieve or launch another vessel immediately offering 20-30 boats
per hour launch/retrieval.
FOUR REASONS WH Y AERO- DOCKS SYS TEM III STORES MORE BOATS
1. Aisle is 30% narrower than forklift as our aisle only needs to be 2 ft longer than longest
boat giving more space for boats to be stored.
2. Longest boats can be stored top levels where forklift higher it goes less weight it can
lift. This creates a triangle of space in front of boats on 3rd and 4th level providing no
income from paid for building space. With forklift this restriction of shorter boats top 2
levels greatly reduces mix of boats you can store.
3. Aero-Docks building height can be 200ft ( 60m) vs. maximum of 62ft(19m) for forklift
building. Additional 220% of boat storage space on same site. Converting AIR SPACE
above building that a forklift can never use.
4. In forklift building if max row length is 45 ft most always boats less than 45ft are stored
leaving often 25%-35% lost income from space that is there but empty. Aero-Docks
ability to put 2-4 boats one row and computer density software matching mix of boat
lengths so up to 90%+ linear footage of all rows all levels are income producing.
5. SEE Aero-Docks DVD OF SYSTEM III THAT IS INCLUDED WITH THE PROPOSAL (2 minute
and 7 minute versions are includeed within the package)
You will also see the fantastic advantage our sorting optimization software unique in
the boating world has. It optimizes each night where boats are stored allowing each
new boat added to be placed with other boats in a row to use 90% or more of linear
footage (meters). Marina owners know that over past few decades the size and type
of boats (MIX) changes. A forklift marina due to only one boat per row ( one each
side of space wasting wide aisle) is forced in most slots to place a shorter boat than
length of slot losing that income. Also often a marina must turn away potential
members due to no space for their size boat currently available even though linear
footage is there. Aero-Docks System III has no such limitations, instead granting the
marina owner ability to re-sort boats to create space needed for new boat owners
especially into future when the MIX of boats changes.
The Aero-Docks at Virginia Key will always be able use nearly all linear feet in building
now and most important decades into the future no matter the mix of boats. Another
equally important Aero-Dock advantage is this optimization software stores the usage
of the boat owners and adjusts during night to move these boats close to launch
entrance of building allowing 2-3 min. launch times.
Ultimate Convienence. Request your boat, set time you need your vessel, know
marina lead time, provision your boat from the merchants located at the Virginia Key
Campus for you day on the water, food, ice, bait and all you need from the marina's
concierge service desk including maintenance for you vessel.
Key Equipment within the system is the SWE (Steel Wheeled Elevator) that moves the
boats within the building and to the waiting water lifts where boats are either
launched or retrieved at the water. Here are schematics showing these two pieces
of equipment:
SWE (3) Lift and travel speeds from 2 to 5 feet per second/300 feet per minute.
Water Lifts for Virginia Key (6)
Included is: Building less wall system, Hot Dipped Galvanized Structural Steel,
Automated Boat Recycle Wash Down Systems, Automated Ingress and Egress Doors,
SWE (3), Water Lifts (6), Boat Storage for 750 Boats to 65 feet, Building Designed to
Arquitectonica drawings and plan manufactured and installed by Technomarine
Group as noted,
Maintenance Program;
Ten (10) Year Maintenance Contract Administered by Rockwell Automation (NYSE) and
Aero-Docks, renewable in 10 year increments. See Details in Exhibit I Spread Sheet for
Details.
Rockwell Automation
9401 Southern Pine Blvd, Suite E
Charlotte, NC 28277
Phone 704-975-0074
Id like to briefly introduce my company to you, as you consider Aero-Docks Automated Boat Storage System for the Virginia
Key Marina project.
Rockwell Automation is a $ 6 Billion US company with global operations and sales in 80 countries. We are an over 110 year old
company that is the leading supplier of industrial automation control, information solutions and industrial automation services.
As a point of reference for our experience in this area, in 1904, Allen-Bradley Co. shipped one of the first commercially
manufactured crane controllers for exhibition at the St. Louis Worlds Fair. Rockwell Automation has a wide portfolio of
successful systems installation for both crane controls and automated storage and retrieval systems (AS/RS). Rockwell
Automation control systems are installed in tens of thousands of applications around the world - see specific sample of
companies listed below.
The Ford Motor Company, US Navy-Aircraft Carrier Fleet, Titan Cement, General Motors, Georgia-Pacific, Universal
Studios (Harry Potter Ride), Disney World-Epcot, Miami-Dade Water and Sewer and South Florida Water Management
District. These companies have used Rockwell products from 15 to 70 years successfully.
Aero-Docks Worldwides application of Rockwell Automation technology is based on sound engineering. Aero-Docks
has applied the technology and engineering principles to adapt a heavy lift system to adapt to different boat bottom
shapes which they have patents for.
The Technology Aero-Docks is applying to the Automated Boat Storage System is well-tried and proven in the 1,000s
of warehouses and heavy lift industries.
Rockwell Automation/Allen-Bradley will supply the automation controls hardware, operator interface stations, software, and
motor controllers and actuators for the Aero-Docks Automated Boat Storage System. A support contract that provides remote
phone support with system surveillance, on-site engineering support and spare parts that will help maintain the system
operating at maximum effectiveness is also proposed for Aero-Docks projects.
Rockwell Automation has agreed to be the single point of contact for warranty and service work. We will deliver our services
through a combination of local resources and use of our Remote Technical Support call center. Our world-class call center offers
24 hour x 7 day support for our customers. Any necessary on-site work will be dispatched through Remote Technical Support
team. This support contract is renewable and designed to adapt through the lifecycle of a system.
Rockwell is committed to support the successful start-up and continuing service for the automation system designed for Aero-
Docks. This support extends well beyond the initial warranty period for the system. Rockwell Automation is proud to offer
support on systems and hardware that have been in operation for decades. We believe that Aero-Docks choice of Rockwell
Automation gives our customers the following advantages:
Faster time to market - through the speed, responsiveness and flexibility of our automation solutions
Lower total cost of ownership - through scalable, energy-efficient and open automation control and information
systems
Better asset management/optimization - through diagnostics, failure analysis and storage management
Sincerely,
John Keough
Regional Services Manager, Customer Support and Maintenance
Rockwell Automation Charlotte, NC
John Keough
Regional Services Manager
Rockwell Automation
Rockwell Automation
May 5, 2017
Re: Aero-Docks, LLC Boat Storage System for City of Miami-Virginia Key 2017
To: City of Miami, City Commissioners
Id like to highlight my company to you, as you consider Aero-Docks, LLC and their System III
Automated Boat Storage Systems for the Virginia Key Marina Expansion.
Columbus McKinnon Corp is a publically traded US based company (CMCO - NASDAQ) with
$800M in revenue, a global operating footprint, and sales in the Americas, EMEA, and APAC
regions of the world. We are an over 140 year old company that is a leading supplier of
material handling products and systems such as hoists, cranes, monorails, rigging, linear
motion actuators, drives, and controls.
Our products and systems are widely regarded by elite global companies as the most robust,
reliable, safe and efficient in the world. We have a very large installed base of products and
systems in challenging applications / environments with a roster of customers that reads like
a roll call of the Global 2000 top industrial companies.
Columbus McKinnon Corporation has worked with Aero-Docks to design and produce
components (hoists and end trucks) for the robotic Elevators used in the multilevel Matrix to
sort and transport Boats entering and leaving the storage matrix. These are simple end trucks
and hoists used within the elevator robots that Columbus McKinnon Corporation will
manufacture for Aero-Docks. These products of Columbus McKinnon Corporation are proven
over years of service with our customers most difficult environments.
Sincerely,
Gene Buer
VP SOLUTIONS GROUP
COLUMBUS MCKINNON CORP
www.cmworks.com
genebuer@cmworks.com
(248) 909-4945
Mark D. Morelli
President and CEO
Columbus McKinnon
Columbus McKinnon
Golden Boat Lifts began operations in 1996 and now has over
50 Employees and a dealer network that spans the globe.
Here at Golden we ensure that the dealers in our dealer
network are all factory trained and experienced in selling and
installing all of our products. We are committed to
manufacturing nothing but the finest boat lifts available
anywhere. Golden Boat Lifts is ISO 9001 :2008 certified, that
puts our company at a higher standard of manufacturing. We
take our business seriously and use only the best su ited
materials for our boat lifts.
Golden Boat Lifts and Bill Golden currently hold a patent on the GatorVator (Patent #6,470,816), our Cable
Tie-Off Device (Patent #6,918,345) and our Cable Bolt Device (Patent #6,719,241). The Sea-Drive is patented
(Patent #7,850,147) as well. Other innovative products like our Kayak Launch and Winder Cable Guard are
currently Patent Pending.
Our company is a part of many marine organizations including the NMMA, FMCA, SWFMIA, MRA, AMI and the
MIACC as well as donating to many causes including the Cystic Fibrosis Foundation and the CCA. Our company
stays active in the local community by participating in many local boat shows and over 20 boat shows
worldwide .
Golden,s Industrial
Campus
Neal Stevens
President
R&L Engineering
R&L Engineering
R&L Engineering
Toward Zero
Toward Zero
Specialty Certifications
Professional Affiliations
Professional Experience
Alex has more than 16 years of experience designing, permitting, managing, and overseeing
construction of civil and environmental projects. He specializes in Contamination
Assessment/Characterization and Remediation, Due Diligence including Phase I and II ESAs,
Stormwater Pollution Prevention Plans, Spill Prevention and Countermeasure Control Plans,
Stormwater Design, and Landfill Compliance.
Site Assessment and Source Removal Activities, City of Riviera Beach Marina, Riviera Beach,
Florida. Project Manager. Supervised tank closure activities for an aboveground storage tank.
Site assessment activities reported elevated petroleum compounds above action levels in the soil
and groundwater in the vicinity of the former tank. Following assessment activities, source
removal activities were completed to remove the source and groundwater monitoring was
conducted to evaluate the effectiveness of the source removal. No Further Action without
conditions for the tank was ultimately approved by the Florida Department of Environmental
Protection.
Tank Closure Assessment Activities, Port of Palm Beach, Riviera Beach, Florida. Project
Manager. Supervised tank closure activities for a buried petroleum tank discovered during slip
construction activities. The activities included tank and petroleum-impacted soil excavation,
petroleum-contact water pumping from the excavation, and soil and groundwater sampling. No
Further Action without conditions for the tank was ultimately approved by the Florida
Department of Environmental Protection.
Garrison-Bight Marina, Key West, Florida. Engineer of Record. Served as Engineer of Record
overseeing the design and installation of Air Sparge/Soil Vapor Extraction System to remediate
dissolved-phase petroleum hydrocarbon plume.
Sediment Sampling, Port of Palm Beach, Riviera Beach, Florida. Project Manager. Supervised
sediment sampling activities on an as-needed basis in the Ports slips and turning basin to satisfy
the Ports dredging requirements. This involved diving to a depth of approximately 20-feet and
collecting sediment samples with a stainless steel coring device. The collected samples were
submitted to laboratory for characterization to evaluate proper handling of sediments during
dredging.
Resume 1 of 2
MICHAEL FISHER, P.G., M.E.A.
Education
Specialty Certifications
Professional Affiliations
Professional Experience
Mike has with more than 27 years of performing environmental projects throughout Florida,
North Carolina, South Carolina, Georgia, Alabama, the Bahamas, and South America and has
deep well petroleum geology experience dating back 36 years. Mike has performed numerous
due diligence environmental site assessments, contamination and site assessments, managed and
executed numerous projects involving the preparation of Phase III and IV Contamination
Assessment Plans (CAPs), Quality Assurance Project Plans, (QAPPs), Contamination/Site
Assessment Reports (CARs/SARS), Remedial Action Plans (RAPs), Source Removal, Remedial
Action Status, and Monitoring reports. Mike has conducted compliance audits for marine
facilities, commercial, and industrial facilities and has prepared or participated in marine
facilities, landfill, water-use, industrial; wastewater, and environmental resource permitting.
Miami River Marina (former Consolidated Yacht Corp.), Miami, Florida. Project
Manager/Professional Geologist. Supplemental Petroleum and Metals Impact Assessment,
Interfacing with Miami-Dade Department of Environmental Resources Management for Cleanup
Strategy to Develop Adjusted Property Value for Bankruptcy Dissolution.
Sole Mia (former Munisport Landfill), Private Developer, North Miami, Florida. Project
Manager/Project Geologist. Abandoned Municipal Waste Landfill, Monitoring and Pilot
Remediation System Troubleshooting, Compliance Monitoring, Interfacing and Remedial Pilot
Strategy Negotiations with Miami-Dade Department of Environmental Resources Management.
Countyline Corporate Park (former Peerless-Dade C&D Debris Landfill), Hialeah, Florida.
Project Manager/Project Geologist. Former North Miami Beach, Construction and Demolition
(C&D) Debris Landfill, Regulatory File Reviews, Ground-Truthing, Site investigation,
Calculations of In-situ and Stockpiled Wastes and Stockpiled Recovered Screened Materials,
Calculation of $48 Million Cost for Closure and Preparation of an Inactive 400-Acre
Construction and Demolition Debris Landfill for Planned Redevelopment to a Business Park.
Town of Palm Beach, Infrastructure Storage Tank Facilities, Palm Beach, Florida. Project
Manager/Project Geologist. Multiple-Site Storage Tank Closures| Regulatory Communications,
Tank Closure Assessments for Petroleum Impacts to Soil and Groundwater
Resume 1 of 2
ROBERT ALAN SPEED
Education
Professional Experience
Robert Speed, Project Director with SCS Engineers, has over 20 years of experience as a
consultant in south and central Florida. Mr. Speed is knowledgeable in all phases of
environmental consulting, overseeing field activities involving due diligence (Phase I and II
Environmental Site Assessments), soil, air, and groundwater monitoring and remediation, and
RBCA Closures. His working relationships with environmental regulatory agencies in South
Florida has proven to be greatly beneficial to the clients he serves.
Roberts management and technical experience are demonstrated by his successful execution on
some of the largest, highest-profile and environmentally sensitive projects in South Florida
including the Village of Merrick Park, Marlins Park (former Orange Bowl Stadium), and
Museum Park (former Bicentennial Park).
City of Miami, Miami, Florida. Project Director for City of Miami Miscellaneous Environmental
Services Contract. The contract included performing Phase I and II ESAs; asbestos containing
materials surveys; site assessments; design and implementation of remedial action plans (RAPs)
and corrective action plans (CAPs); source removal/disposal; and electromagnetic surveys. The
predominant portion of the contract involved evaluating City-owned parks and facilities for the
potential presence of incinerator ash (solid waste) generated by historic City-owned and operated
incinerators.
Grove Key Marina, Miami, Florida. Project Director for Phase I and II ESA for 8-acre
developed marina. The Property had an extensive history including being the first continental
naval air station in the country in 1917, a Coast Guard Air Station in 1932, Pan American
Airlines navigation training in 1942, Miami City Hall in 1945, and used as a marina since 1950.
Miami River Park Marina Property, Miami, Florida. Project Director for Phase II ESA for 0.6-
acre marina parcel. The Property had been historically operated as a marina boat repair facility.
Sample results indicated elevated levels of arsenic, copper, lead, benzo(a) pyrene equivalents,
total recoverable petroleum hydrocarbons (TRPH) in excess of established criteria in Miami-
Dade County Chapter 24-44.
Miami River Park Marina/Former Consolidated Yacht Corporation/Former Allied Marin Site,
Miami, Florida. Project Director for site assessment and remediation activities conducted for
approximately 8.5-acre marina parcel. Assessment consisting of soil, groundwater and sediment
testing identified varying levels of copper and barium in the soil. Based on the assessment
activities, limited source removal activities was completed. The Property was eventually closed
with No Further Action with Conditions including implementation of Engineering Control.
Resume 1 of 2
EDUARDO F. SMITH, P.E.
Education
Professional Licenses
Professional Experience
Eduardo Smith, Senior Vice President of SCS Engineers, has over 20 years of environmental and
civil engineering design and consulting experience in the areas of planning, permitting, design
and construction involving contamination assessment and remediation, solid waste and storm
water management, and water/natural resources. His long standing working relationships with
many of the environmental regulators in South Florida has proven to be greatly beneficial to the
clients he serves.
Mr. Smiths management and technical experience is demonstrated by his successful execution
on some of the largest, highest-profile and environmentally sensitive projects in South Florida
including the Old South Dade Landfill Closure Enhancement design/build project, and the
Virginia Key, Homestead, Munisport (Biscayne Landing), and Peerless Landfill re-development
projects in which he led the engineering and permitting.
Virginia Key Landfill, City of Miami, Miami, Florida. Project Manager/Engineer-of-Record. For
the 120-acre former Virginia Key Landfill re-development project, provided project
management, technical oversight, engineering and permitting services related to the assessment
and remedial action design. Also developed a conceptual closure design for the landfill.
Parks Assessment and Corrective Action Plans, City of Miami, Miami, Florida. Principal-in-
Charge. Serving as the overall Environmental Program Manager assessing and developing
corrective action plans for several parks in which solid waste (incinerator ash) was deposited in
the 1940s-1960s, and overseeing work of other consultants completing same. Because of the
sensitivity and usage of the parks, work was completed in an expedited manner.
Resume 1 of 2
LISA L. SMITH
Education
Professional Experience
Lisa Smith has over 20 years of experience in a variety of roles in the field of environmental
science. Prior to joining SCS Engineers, Ms. Smith served as a risk assessor at the Miami-Dade
County Department of Environmental Resources Management (DERM) and at a national
environmental consulting firm, and as a research chemist at the University of Florida.
Ms. Smith serves SCS Engineers as a senior technical advisor and expert in the field of risk
based corrective action (RBCA). Ms. Smith provides unique insight with respect to regulatory
issues. While working as DERMs Risk Assessor, Ms. Smith served as the primary author of the
Countys RBCA Ordinance, which regulates cleanup actions for county sites. Ms. Smith was
also responsible for training and overseeing engineers and hydrogeologist in the area of RBCA,
formulating department policy, and generating technical documents relating to assessment,
remediation, risk assessment, RBCA, waste water reuse, contaminated soil reuse, legally-applied
pesticides, and construction on contaminated properties. Ms. Smith also represented the Countys
interests during the development of the State of Florida risk based statutes, rules, and guidelines.
Soil and Groundwater Assessment at Public Parks with Incinerator Ash Impacts, City of
Miami, Florida. Technical Advisor/Project Manager. Soil and groundwater impacts were
assessed at and around various public parks found to contain buried incinerator ash. Remedial
alternatives and risk management options, making use of existing site conditions, were evaluated
and implemented. Responsibilities included review of historical environmental records,
preparation and execution of sampling plans, statistical evaluation of analytical data, evaluation
of available remedial options, justification of alternative risk management options and
coordination with the regulatory agency and the Florida Department of Health.
Soil Reuse Evaluations for Ongoing Development at Biscayne Landing (Former Munisport
Landfill), North Miami, Florida. Principal-In-Charge/Project Manager. The suitability of fill
material from various sources was evaluated for beneficial reuse for re-development activities at
the former landfill. Responsibilities included review of historical environmental records,
preparation and execution of sampling plans, statistical evaluation of analytical data and
coordination with the regulatory agency.
Resume 1 of 2
MARCO F. HERNANDEZ, P.E.
Education
Specialty Certifications
40 HR HAZWOPER
FDEP Qualified Stormwater Management Inspector #7071
Professional Affiliations
Professional Experience
Mr. Hernandez has prepared remedial action work plans for the submission to the Miami-Dade
County Department of Environmental Resources Management (DERM), the Broward County
Environmental Protection and Growth Management Department (EPGMD) and the Florida
Department of Environmental Protection (FDEP). Mr. Hernandez has conducted environmental
site assessments for government agencies such as Miami-Dade County Regulatory and
Economic Resources, Miami-Dade County Public Schools, Miami-Dade College, the City of
Miami and the United States Navy.
Soil Remediation, Various Sites, South Florida. Project Manager. Coordinated and managed
arsenic source removal at various sites for a private utility provider in Miami-Dade County. Has
prepared source removal plans, soil blending calculations and has implemented soil source removal
for petroleum and arsenic soil contamination at various other sites for private sector clients.
Environmental Site Closure, Various Sites, Miami-Dade County, Florida. Project Manager.
Coordinated with the Florida Department of Environmental Protection and Miami-Dade County
Department of Regulatory and Economic Resources for restrictive covenants associated with
conditional site closures in Miami-Dade County for private sector clients.
Resume 1 of 2
James (Tony) A. Royo 9/15/58
Overview:
A Senior-level Business Management Executive, James (Tony) Royo has more than 35 years of diverse
experience and proven record of developing business growth programs and implementing directives achieving
strong, sustainable results. As one of the Founding Partners, Mr. Royo has served as President of Shoreline
Foundation, Inc. since its inception in 1986 and has led the company to becoming highly-successful.
With overall responsibility for corporate reputation, his extensive experience includes finance, property and job
procurement, workers compensation and liability insurance, project bidding, legal matters, bonding, licenses, and
foreign marketing. Mr. Royo oversees all operational aspects of Shoreline Foundation, Inc. in order to insure the
companys success and profitability. He is accountable for providing strategic direction for the organization,
coordinating the day-to-day development and investment activities of the firm, and ensuring company objectives are
consistently achieved.
Mr. Royo is also responsible for coordinating and overseeing growth opportunities for Shoreline outside the
United States, and for targeting new businesses, growing and increasing penetration of existing businesses, and
leading the development of business and operations in emerging markets. Tony is at the forefront of identifying
foreign market opportunities and understanding the complexities affiliated with these new ventures.
Tony serves as the company's chief strategist, responsible for leading Shorelines strategic management processes and
development activities as well as managing the company's relationship with alliance partners.
Areas of Expertise:
Financial Capital/Investment Solutions Strategic Leadership & Execution
Market/Industry Trends Foreign Marketing
Budget/Finance/Administration Key Partnerships & Alliances
Organizational Development Licenses, Insurance & Legal Matters
Risk Assessment/Management Project Administration/Implementation
Multi-Million Dollar Contract Negotiation Business Plans and Due Diligence
Certificates:
Certificate of Competency in Marine Construction, Structural Engineering, General Builder, and Pile Driving in
Dade, Broward, Monroe, Palm Beach, Collier and Indian River counties in Florida.
State of Florida General Contractors License #CGC1517337
Broward County Certificate of Competency #88-1022
Broward County Occupational License Tax #188-0000564
City of Key West Occupational License #99-04139
City of Key West Certificate of Competency #763
Collier County Occupational License Tax #914035/02101201
Collier County Contractor Licensing #11879
Indian River County Competency Card #8111
Metropolitan Dade County Certificate of Competency #E1922
Miami-Dade County Municipal Contractors Occupational License #30-1649368
Monroe County Certificate of Competency #Eng. II 238B
Palm Beach County Certificate of Competency #U-16S7S
Town of Pembroke Park Occupational License #7990
Barry S. Reed 3/15/61
Overview:
Barry is a highly experienced Marine Construction Operations and Project Management Executive with demonstrated
strengths in large scale, high-end and fast-track multi-million dollar projects. He is an extremely hands on partner and
directly accessible to clients with a proven ability to continuously deliver results. His technical expertise is in deep
foundation pile shoring design as well as strong capabilities in underground shoring. He is very versatile in design/build
of marinas with excavation expertise.
Mr. Reed is responsible for planning, directing, and coordinating all project-related field activities. He is accountable for
the entire construction process including full P&L responsibilities. He provides management, coordination and oversight
in all aspects of project delivery systems including budgeting, estimating, constructability, scheduling and phasing,
regulatory authorities, purchasing, and quality control. He provides direct supervision of Project Managers, staff, and
subcontractors
Barry consistently provides superior decision-making for a wide range of experience on large-scale projects, as well as
brings a vast array of knowledge to any project that starts from project feasibility on through site planning, design,
budgeting, value engineering, scheduling, material and sub-contractor buy-outs, negotiating, change orders, and claim
resolution to end user occupancy.
Areas of Expertise:
Construction Operations/Production Multiple Site Project Management Strategic Planning/Budgeting
Contract Administration Cost Control Measures Bidding and Estimating
Scheduling and Phasing OSHA Compliance/Safety Quality Control Initiatives
Purchasing/Procurement/Logistics Plan Review/Change Management Regulatory Authorities
Subcontractor Relations/Management Equipment Maintenance Closeouts and Finishes
Qualifications Summary:
Noted for exercising excellent judgment in overall integration and coordination of various trades into the complete
project. Involved in complete project life cycle from estimating and bidding to following each trade to award.
Excellent interpersonal and communication skills resulting in effective relationships with owners representatives,
architects, engineers, subcontractors, vendors and clients on a professional level and project associates at all levels.
Outstanding r ecord of meeting budgetary, schedule and performance requirements. Highly involved with and
committed to superior quality control, and ensuring client expectations are met/exceeded. Impeccable work ethic,
meticulous attention to detail, and exceptionally driven to exceed expectations.
John R. McGee 10/13/59
As a Vice President and founding partner of Shoreline Foundation, Inc., John has earned a reputation for accepting
nothing less than excellence in marine and pile driving construction. John has extensive knowledge in all aspects of
company management and financial policies.
Mr. McGee is responsible for the administration and construction oversight of the entire project life cycle for marine
projects accountable for budgets, cost management, purchasing, quality control, project documentation, logistics,
planning, scheduling, execution and completions. He is directly involved in the project from the conceptual estimating
stage to the bidding stage and then follows each trade from award to completion. His input to contract negotiations prior
to the start of construction is essential to the administration of these contracts throughout the construction period.
He has comprehensive expertise in the fields of marine operations, project management, employee scheduling,
subcontractor scheduling, quality control, job safety and equipment maintenance. Mr. McGee is versatile, articulate and
profit-minded with extensive experience in planning, development, administration and management of construction
operations with a consistent record of achievement in improving quality, accountability and efficiency. He possesses
excellent construction specifications analysis and has in-depth knowledge of architectural, structural, and mechanical
systems.
John has demonstrated his managerial skills on a variety of projects from management of the design process through
completion of construction, interacting with design teams, clients and construction trades. Clients admire his
commitment to quality and service standards, his attention to detail and his ability to get the job done right and on
schedule under even the most difficult circumstances.
Areas of Expertise:
Construction Operations/Production Multiple Site Project Management Budgeting/Tracking
Contract Administration Cost Control Measures Bidding and Estimating
Scheduling and Phasing OSHA Compliance/Safety Quality Control
Purchasing/Procurement/Logistics Plan Review/Change Management Initiatives
Subcontractor Relations/Management Equipment Maintenance Regulatory Authorities
Closeouts and Finishes
Qualifications Summary:
Seasoned s taff m anager, mentor a nd de veloper. Excellent interpersonal and communication skills resulting in
effective relationships with city and state officials, owner representatives, architects, engineers, subcontractors,
vendors, clients, and project associates at all levels, from diverse multicultural backgrounds.
Creative pr oblem s olver, a dept i n e valuating c ritical bu siness n eeds. Resourceful troubleshooter capable of
developing and initiating creative solutions to complex operating problems, performing well under pressure.
Outstanding r ecord of meeting budgetary, schedule, and performance requirements. Highly involved with and
committed to superior quality control, and ensuring client expectations are met/exceeded. Impeccable work ethic,
meticulous attention to detail, and exceptionally driven to exceed expectations.
FRED MAXWELL, Superintendent
OVERVIEW
With over 25 years of marine construction experience, Fred is responsible for overseeing daily operations of the Marine
Division. Transforming construction drawings into steel, concrete, and wooden structures requires daily coordination of eight
construction crews, scheduling of specialty equipment, and the provision of constant attention to the needs of the client. Over
the last 18 years, Freds dedication to detail has resulted in the creation of landmark marine facilities throughout South
Florida and the Caribbean.
AREAS OF EXPERTISE
Multiple Site Project Management Construction Operations Production
Contract Administration Cost Control Measures Estimates/Bidding
Scheduling and Phasing Relationship Management OSHA Compliance
Purchasing/Procurement/Logistics Plan Review/Change Management Regulatory Authorities
Subcontractor Relations/Management Strategic Planning/Budgeting Quality Control/Safety
Governmental Guidelines Building Codes and Permits Closeouts and Finishes
QUALIFICATIONS SUMMARY
Seasoned Su perintendent in the marine construction industry including new and retrofit projects. Excellent construction
specifications analysis with success directing operations, enhancing growth and implementing directives achieving strong results.
Exceptional leadership skills with extensive experience in planning, development, administration and management of multi-
million dollar marine project operations. Consistent record of achievement in improving quality, accountability and efficiency.
PROFESSIONAL EXPERIENCE
Shoreline Foundation Inc. 1989 to present
Superintendent
Manage operational and project performance in areas encompassing project life cycle management, field operations, contract
fulfillment, scheduling, material procurement, resource allocation, client service delivery, subcontractor relations and
management, quality assurance, job site safety, budgets/fiscal management, and strategic execution of projects. Hold full
fiscal accountability and manage culturally diverse staff.
Effectively schedule highly qualified foremen, subcontractors, and field employees.
Resolve daily problems on job site and personally inspect all work during project to ensure compliance with client
requirements. Oversee project activity through to completion.
Improved overall quality of service delivery by developing, implementing, and documenting best practices.
Negotiated supply contracts for materials that resulted in significant decrease in costs while maintaining delivery schedules.
Developed several company operating codes and labor, safety and performance standards.
Proven ability to coordinate all aspects of a project, and lead, direct and motivate staff to accomplish desired goals.
Consistently meet project deadlines on-time, within budget, as well as, adhere to the highest quality standards.
Select key projects include __________________________________.
Professional Strengths:
Contract Negotiations Team Player Professional Civil Engineer (PE)
Multi-tasking Project Closeout Certified General Contractor (GC)
Proactive Management Construction Scheduling Pay Application Review
Detail Orientated Structural Inspector Construction Estimator
Key Achievements:
Project Manager of the Trump International Hotel and Tower, a 24-story, $120M five-star condo-hotel
Review and coordinate all design plan scopes including Architectural, Structural, Mechanical, Plumbing.
Electrical, Irrigation, and Landscaping with ongoing field conditions
Project Manager of public and private marine projects for US Army Corps of Engineers, Palm Beach
County, Miami Dade County, Sarasota County, City of Sunny Isles Beach, and Moss & Associates
Project Engineer for Broward County Convention Center Access Ramp project reviewing all submittals,
pay applications, and liaison to Port Everglades
Civil Engineering design including water, sewer, paving and drainage for multiple projects including
Riviera Isles by MINTO in Miramar, Florida
Professional Experience:
SENIOR PROJECT MANAGER 2010 - 2012
Shoreline Foundation, Inc. 2781 SW 56 Avenue, Pembroke Park, FL 33023
Project Manager of public and private marine projects for US Army Corps of Engineers, Palm Beach
County, Miami Dade County, Sarasota County, City of Sunny Isles Beach, and Moss & Associates
Hands on responsibilities include managing subcontractors contracts, schedules and financial activities
from change orders to pay applications, implementing material delivery schedules, coordinating field
activities with superintendents, and acting liaison with Owner representative
Review and coordinate all design plan scopes including Civil, Architectural, Structural, Plumbing.
Electrical, Irrigation, and Landscaping with ongoing field conditions
Project Manager of the Trump International Hotel and Tower, a 24-story, $120M five-star condo-hotel
resort on Fort Lauderdale Beach, Florida
Hands on responsibilities include managing subcontractors contracts, schedules and financial activities
from change orders to pay applications, implementing material delivery schedules, coordinating field
activities with superintendents, and acting liaison with Owner representative
Review and coordinate all design plan scopes including Architectural, Structural, Mechanical, Plumbing.
Electrical, Irrigation, and Landscaping with ongoing field conditions
Project completed ahead of schedule, with a savings of $500,000 on the preliminary project budget
Michael J. Kovacs, CPA
Director
Phone: 312.670.7444
Fax: 312.670.8301
Email: mkovacs@orba.com
Experienced
Mike has served as an accountant for closely-held businesses for nearly 30 years. He
has been with ORBA since 1986 and is a member of the firm's Real Estate Group. He
Industries
joined the firm as a tax season intern and became a Director in 2000. Mikes work
Real Estate Group
focuses on providing accounting, tax and business consulting services to mid-size
Manufacturing and
Distribution Group companies in a variety of industries, including real estate, manufacturing and financial
Law Firms and Lawyers services. Mike is also one of the firms experts in audits of employee benefit plans.
Group
Proactive
Services Mike is hands-on with his clients, helping business owners to think strategically. He is
Audit Services also involved in helping his clients accounting departments understand the needs of
Employee Benefit Plans the owners to ensure that they are all on the same page.
Services
Mike is often involved in helping multi-generational businesses transition and operate
Memberships & Affiliations successfully from one generation to another. A key element in Mikes ability to create
American Institute of Certified successful transitions is his work at understanding and developing relationships with
Public Accountants
each generation.
Association of Marina
Industries
Illinois CPA Society
Helmsman
Navigating uncharted or rough waters is something that Mike enjoys doing outside the
Certifications & Licenses office, as well as inside. Introduced to the water early, he learned to water ski at three-
Certified Public Accountant years-old. He is a seasoned sailor and enjoys cruising Lake Michigan for as long as the
Chicago season permits.
Education
B.S., Accounting, Indiana Civic Activities
University
Indiana University Alumni Association
Chicago Yacht Club
Press Releases
Michael J. Kovacs, CPA to Speak at the Association of Marina Industries'
International Marina & Boatyard Conference
Blog Posts
Department of Labor Report on Auditors
Compliance Alert
Tax Court Considers House Flippers Expense Deductions
What You Need to Know About ADP/ACP Discrimination Testing
Whats Coming Up from the Department of Labor
I Want to Buy a New Property But Can I Assume the Sellers Loan?
Strategies to Boost 401(k) Plan Participation
Appellate Court Rules on Lease Obligations
Why Yvonne?
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that a meeting of the sole member of Virginia Key, LLC
("Limited Liability Company"), a Limited Liability Company existing under the laws of the
State of Florida , held on M?Y 19 ,2017 , the following resolution was duly
"RESOLVED, that, Robert W. Christoph, Jr. as Sole Member of RWC VK, LLC,
which is the Managing Member of Virginia Key Parent, LLC, which is the Sole
Member of Virginia Key, LLC, is hereby authorized to execute the Proposal
dated, May 24,2017, to the City of Miami, and that the execution thereof,
attested by an Officer of the Limited Liability Company, shall be the official act
and deed of this Limited Liability Company."
I further certiff that said resolution is now in full force and effect.
/ Robert W. Christoph Jr. as Sole
Member of RWC VK, LLC
Seal Afliant/Title
The document number of this limited liability company is L16000013294. The document number of this limited liability company is L16000018519.
I further certify that said limited liability company has paid all fees due this I further certify that said limited liability company has paid all fees due this
office through December 31, 2017, that its most recent annual report was filed office through December 31, 2016 and that its status is active.
on March 7, 2017, and that its status is active.
To authenticate this certificate,visit the following site,enter this number, and then To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed. follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
The document number of this limited liability company is L16000017624. The document number of this limited liability company is L16000013498.
I further certify that said limited liability company has paid all fees due this I further certify that said limited liability company has paid all fees due this
office through December 31, 2017, that its most recent annual report was filed office through December 31, 2017, that its most recent annual report was filed
on March 7, 2017, and that its status is active. on March 7, 2017, and that its status is active.
Given under my hand and the Given under my hand and the
Great Seal of the State of Florida Great Seal of the State of Florida
at Tallahassee, the Capital, this at Tallahassee, the Capital, this
the Twenty-second day of May, the Twenty-second day of May,
2017 2017
To authenticate this certificate,visit the following site,enter this number, and then To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed. follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
State of Florida State of Florida
Department of State Department of State
I certify from the records of this office that VIRGINIA KEY SMI, LLC is a I certify from the records of this office that SUNTEX MARINA INVESTORS
Delaware limited liability company authorized to transact business in the State LLC is a Delaware limited liability company authorized to transact business in
of Florida, qualified on January 19, 2016. the State of Florida, qualified on January 27, 2016.
The document number of this limited liability company is M16000000532. The document number of this limited liability company is M16000000714.
I further certify that said limited liability company has paid all fees due this I further certify that said limited liability company has paid all fees due this
office through December 31, 2017, that its most recent annual report was filed office through December 31, 2017, that its most recent annual report was filed
on March 7, 2017, and that its status is active. on March 7, 2017, and that its status is active.
I further certify that said limited liability company has not filed a Certificate of I further certify that said limited liability company has not filed a Certificate of
Withdrawal. Withdrawal.
Given under my hand and the Given under my hand and the
Great Seal of the State of Florida Great Seal of the State of Florida
at Tallahassee, the Capital, this at Tallahassee, the Capital, this
the Twenty-second day of May, the Twenty-second day of May,
2017 2017
To authenticate this certificate,visit the following site,enter this number, and then To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed. follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
should make their own investigations, projections, and conclusions without reliance upon the
material contained herein.
The City and its advisors shall have no obligation or liability with respect to this RFP and the
selection and award process or whether any award will be made. Any recipient of this RFP who
reqponds hereto fully acknowledges all the provisions of this disclosure and disclaimer and is
totally relying on said disclosure and disclaimer and agrees to be bound by the terms hereof. Any
proposals submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk
and responsibility of the party submitting such proposal.
The offering is made subject to correction of errors, omissions, or withdrawal from the market
without notice. Information is for guidance only and does not constitute all or any part of an
agreement. Furthermore, until such time as an agreement is executed by the City, the selected
Proposer shall not have any vested rights, nor title or interest in the subject Property or in the
development proposed thereon.
The City and the recipient will be bound only if and when a proposal, as same may be modified,
and the applicable definitive agreements pertaining thereto, are approved by the City Commission
and the voters at referendum, and then only pursuant to the terms of the definitive agreements
executed among the parties. A response to this RFP, or all responses, may be accepted or rejected
by the City for any reason, or for no reason, without any resultant liability to the City or its advisors.
The City is governed by the State of Florida Sunshine Law and all proposals and supporting data
shall be subject to disclosure as required by such law. All proposals shall be submitted in sealed
bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date
and time selected for opening the responses.
In the event of any differences in language between this disclosure and disclaimer and the balance
of the RFP, it is understood that the provisions of this disclosure and disclaimer shall always
govern. Further, any dispute among the City and the Proposer shall be decided by binding
arbitration in Miami-Dade County, Florida, before arbitrators sanctioned by and in accordance
with the rules ofthe American Arbitration Association.
Accepted by:
,rt
Robert W. ChristoFh, Jr.,
its Sole Member
APPENDD( 9
CONrIDENTIAL
CITY OF MIAIVTI
W.
its Sole Member
COMMENTS:
lnitials ofScreener:
APPENDD( 9
CONFIDENTIAL
CITY OF I}TIA]VII
A- Thlc form sbould bc complecd rnd rigned by thc authorlzd rcprcrentatire of hopccr'c lcgrl cntity end Proposer's principels.
Drte
Submtt6d: 092412017
COMMENTS:
Initials ofScrccnen
APPENDIX 9
CONTIDENTIAL
CITYOFMIAMI
A- This form should be completed and rigned by the authorlzed rcprerentetive of hopoccr'r lcgrl cntify end Propoccr's principds.
Dltc
Submtttcd: 05/2412017
my
COMMENTS:
Initials ofSoeener:
APPENDD( 9
CONTIDENTIAL
CITYOFMIAI}TI
Thlr form chould be completed and elgned by tbc ruthoriued represcntadvc of Propoccr'r lcgrl entity eod Propmcr's prindpdr.
Drt
Submlttcd: 0512412017
its Manager
COMMENTS:
lnitials ofScreencr:
APPENDIX 9
CONFIDENTIAL
CITY OF MIAMI
This form should be completed and signed by the authorized representative ofProposer's legal entity and Proposeros principals.
Date
Submitted: 05/2412017
Carter N. McDowell
Trustee
COMMENTS:
CONFIDENTIAL
CITY OF MIAMI
A. This form should be completed and signed by the authorized representative ofProposer's legal entity and Proposer's principals.
Date
Submitred: 0512412017
Trustee
COMMENTS:
CITY OF MIAMI
A. To be complctod by rpplicrnt
Drtc
Submittcd:
Last Namc Chrirtoph Jr FirstNane Robert Full Middle Nenc Wlllirm Maidcn/Alias
ThefoIlowingpcnonalinform8!ionisrtquiredforpoeitiveidantifc.tio'|pupoecswhcnvcrifingcrcdithistor,dnvcr'ehistory,andpublicrecords.Itisconfd?{,ttia|d
will not be used for any oher purpoccs. Ifapplicablc, print othcc namcs you have used during your lifctime.
Socl.l Scsurlty Numbcr - Social Security Numbr will only bc uscd in ordcr to conflrm your idcntity for thc purpord of completing an eccurete b&ckgrourd invcatigation.
Supplying your Socid Security Numbcr is rcquirrd es part ofthc background scrtening process.
Drte ofBlrth - Your date ofbirth is rcquircd on thie form in order to confrrm your idcntity for purposcs ofcompleting an accuratc background invcstigation.
COMMENTS:
lnitiels ofScrcenec
* Pursuant to RFP at Section II(R) personal confidential information on this sheet has been redacted on the
copies. The original responses are unredacted for purposes of the City of Miami conducting the required
background and credit screening.
* Pursuant to RFP at Section II(R) personal confidential information on this sheet has been redacted on the
copies. The original responses are unredacted for purposes of the City of Miami conducting the required
background and credit screening.
* Pursuant to RFP at Section II(R) personal confidential information on this sheet has been redacted on
the copies. The original responses are unredacted for purposes of the City of Miami conducting the
required background and credit screening.
COI{FIDENTIAL
CITY OF MIAMI
A. To be completed by applicant
Dste
Submitte<I: 5l24ll7
Thetbllorvingpersonalinfollationisrequiredforpositiveicleirtificationpurposesrvhenveri$ingcredithistory,driver'shistory,andpublicrecords. Itis
colficleltialarriwillnotbeuseclforanyotherpurposes. Ifapplicable,printothernamesyouhaveusedduringyourlifetime.
Social Security Number - Social Security Number *ill only bc used in order to confirm your identity lbr the purposes ofcompleting an accurate background
investigation. Supplying your Social Security Numbr is required as part of the background screening process
Dete of Birth - Your date ofbinh is required on this lbnn in order to confirm your identiry for purposes ofcompleting an accurate background investigation
Driver's License Number - Your driver's license number is required on this form in order to confinn your identity for purposes ofconpleting an accurate
baekground investigation.
COMMENTS
* Pursuant to RFP at Section II(R) personal confidential information on this sheet has been
redacted on the copies. The original responses are unredacted for purposes of the City of
Miami conducting the required background and credit screening.
APPENDIX 10
INTEGRITY & NON-COLLUSION AFFIDAVIT
1. I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and
I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to
Virginia Key, LLC
execute this affidavit on behalf of _________________________________ (Proposer).
2. The Proposer who is submitting a response to Request for Proposals 16-17-011 (RFP):
X is not related to any of the other parties bidding in the competitive solicitation, and
that the contractors proposal is genuine and not sham or collusive or made in the
interest or on behalf of any person not therein named, and that the contractor has
not, directly or indirectly, induced or solicited any other proposer to put in a sham
proposal, or any other person, firm, or corporation to refrain from proposing, and
that the proposer has not in any manner sought by collusion to secure to the
proposer an advantage over any other proposer.
OR
is related to the following parties who bid in the solicitation which are identified
and listed below:
___________________________ ___________________________
___________________________ ___________________________
___________________________ ___________________________
1|Page
5. The Proposer IS OR x IS NOT in default under any
agreement or contract with the City or other government entity on the date and time the
proposal is due. If the response was IS please explain below:
3|Page
Note: Any person or entitythat fails to submit this executed affidavit shall be ineligible for contract
award. In the event a recommended contractor identifies related parties in the competitive
solicitation its bid shall be presumed to be collusive and the recommended contractor shall be
ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent
of ownership, control and rnanagement of such related parties in the preparation and submittal of
such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate
offtcers, and managers thereof which have a direct or indirect ownership interest in another bidder
or proposer for the same agreement or in which a parent company or the principals thereof of one
(l) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for
the same agreement. Bids or proposals found to be collusive shall be rejected.
4lPage
SCHEDULE A
TO APPENDIX 10
Question 4 --- The Proposer, VKLLC, does not have any uncured defaults of failures to
perform with the City of Miami or any other Governmental entity.
One of RCI Group's prior affiliated companies, Bayshore Landing LLC, had a dispute
with the independent auditor for the City of Miami over the calculation of prior
revenues the auditor alleged were due to the City. This matter was resolved amicably
through an agreed upon settlement, which was ultimately approved by the City
Commission.
Similarly, Miami Beach Marina Associates, Ltd. had a dispute with a new independent
auditor for the City of Miami Beach, who alleged that it owed the city additional rent
based upon certain calculations regarding percentage rent , even though the same
calculations had been used MBMA and approved by the City for more than a decade.
This matter was resolved amicably administratively based upon an agreed upon partial
payment by MBMA.
Suntex received letters from New Jersey DEP on August 24th and August 29th of 2016 in
regards to an alleged shortfall in prior year ground lease payments related to Liberty
Landing Marina. The letter threatened default if the issue was not addressed within 30
days. Suntex and the NJDEP worked together to identify the actual discrepancy, and
Suntex paid an amount to the NJDEP and the issue was fully resolved.
Question 7--- The Proposer, VKLLC, does not have any past, present or on-going
Litigation or adversarial administrative proceedings with the City or other government
Agency or entity.
RCI Group and several of its affiliated companies, including but not limited to those, in
Miami-Dade County and Bridgeport, Connecticut have filed in the past and currently
have pending Administrative challenges to the assessed valuation of their respective
properties. Similarly Suntex has affiliated entities have filed in the past and currently
Question 9--- The Proposer, VKLLC, has not had past, present or pending
involuntary bankruptcies, liquidations, assignments for the benefit of
creditors, receiverships, dissolutions, actions involving fraudulent transfers,
foreclosures, or similar actions within the past seven (7) years on projects or businesses
they have owned, operated, or controlled a majority interest (i.e., ownership of ten
percent (10%) or more of the entity stock or shares).
During the period of extreme drought in Texas leading up to 2015 five marinas owned
or leased by Suntex predecessor entities were not fully functional due to the drought
and were unable to perform under their loan agreements and leases, although they
were not formally declared in default under mortgage with Capital One or their under
leases with cities of Dallas and Rockwall. In late 2015, Suntex Marina Investors LLC,
through wholly owned affiliates, acquired the Capital One notes and took over the
assets of 5 marinas located on Lake Ray Hubbard and Eagle Mountain Lake by way of a
deed in lieu of foreclosure from the Suntex predecessor entities. All 5 marinas and
ground leases are currently in good standing with their respective landlords.
Question 10--- The Proposer, VKLLC, has not been found liable by any legal or
administrative entity via any proceedings for environmental damage, contamination or
any other environmental liability.
On June 20, 2000 Marin and Marin and contractor working for Amerilift Technology
Corporation at the Miami Beach Marina ruptured a 54" sewer force while driving pilings
for the installation of boat lifts in the marina. This accident lead to the issuance of
Notice of Violation and Cease and Desist orders being issued by Miami -Dade County to
among other parties, Miami Beach Marina Associates, LTD. (MBMA) and RCI Marine, Inc
(RCI Marine), two RCI Group related companies. Pursuant the Notices MBMA and RCI
Marine to entered into a Consent Agreement with the Florida Department of
Environmental Protection on August 8, 2002. Pursuant to the Consent order the two
companies agreed to pay a total of $29,200 in fines and costs to FDEP to resolve the
matter.
Similarly, and as result of the pipe rupture MBMA and RCI Marine and their insurance
companies and other parties entered into a Settlement Agreement with Miami-Dade
County, the owner of the ruptured pipe on June 29, 2001 pursuant to which all matters
involving the pipe rupture with the County were resolved by payment of $1.5 Million by
the insurance companies on behalf of the companies and the City. However, the
Settlement by its terms stated "Nothing contained herein constitutes an admission of
liability or wrongdoing or coverage of any kind by or between the Parties or by the
County." All of the pertinent documents related to this matter have been previously
filed with the City of Miami and are otherwise public documents and therefore have not
On or about January 2003 a jet ski rental tenant at the Miami Beach Marina installed
prefabricated floating platforms next to the fixed docks on the north end of the marina
for their jet ski's based upon an permit exemption for the floating platforms in the FDEP
regulations. FDEP during a routine inspection cited the tenant and landlord, MBMA,
based upon its interpretation that the exemption only applied to private installations
not commercial users of the exact same platforms. Despite a legitimate question about
the department's interpretation of the exemption, MBMA determined it would faster
and less expensive to simply apply for after the fact permits for the already installed
platforms and enter into a short form consent agreement with FDEP, rather than fight
the notice and interpretation. MBMA entered into a short form Consent Agreement
with FDEP on July 2, 2003. Pursuant to the Consent Agreement MBMA paid $2400 in
fines and costs and the matter was closed.
On or about July 1, 2008 a freighter traversing government cut lost power and steerage
and rammed into and broke through the southern breakwater of the Miami
Beach Marina narrowing avoiding causing serious damage to the boats and injury to
patrons in the marina. The ship was lodged in the breakwater for a few days but once it
was removed the entire south end of the marina was exposed to wave action from
government cut. On an emergency basis MBMA arranged for a marine contractor to
install temporary sheet piling across the damaged opening in the breakwater to protect
the vessels in the marina from further damage until a permanent repair could be
designed, permitted and installed. The entire incident was reported the Miami Herald.
Based upon those reports on July 8, 2008 FDEP decided to cite MBMA for failing to get
permits for the emergency temporary sheet pile repair, even though such permits
would have taken weeks or months. MBMA had no choice but to keep the temporary
repair in place while the permanent repair was permitted without risking damage and
possible injury to patrons in the marina. It once again decided the most prudent course
of action was to apply of after the fact permits for the emergency repair and to enter
into a Consent Agreement with FDEP which it did on January 26, 2009. Pursuant to the
Consent agreement it paid $ 4,750 in fines and costs.
On or about late 2011 a handicapped patron in the River Cove Marina on the Miami
River who had difficulty getting on and off their boat docked in the marina inquired if it
would be possible to modify a ramp and dock in the marina to make it easier for them
to get on and off their boat. 2000 South River Marina LLC responded by modifying the
ramp and slightly enlarging the dock. Separately it had in installed a security gate on the
dock. Months later during a routine inspection the inspector from Miami-Dade DERM
cited the owner and required it to apply for an after the fact permit for the
modifications to the railing and floating dock, which it did applying for the permit in
August of 2013 and the matter was closed . No fines were assessed or paid.
This Form Lease shall be revised to reflect the requirements set forth in the Virginia Key
Marina RFP and the Proposal submitted by the Proposer, as negotiated by the Parties, and
subject to review and approval by the Department of Risk and the Office of the City Attorney.
To the extent of any inconsistency between the proposed revisions to this Lease, the Proposal
and/or the requirements of the RFP, the RFP shall prevail such that the proposed revisions to
this Lease and the Proposal shall be deemed responsive to the RFP.
LEASE AGREEMENT
BETWEEN
AND
______________________________________
VIRGINIA KEY, LLC
LOCATED AT
VIRGINIA KEY
RICKENBACKER CAUSEWAY
MIAMI, FL 33149
Table of Contents
ARTICLE I ................................................................................................................................... 61
1.1 Incorporation by Reference ............................................................................................ 62
1.2 Exhibits........................................................................................................................... 72
1.3 Definitions ...................................................................................................................... 72
1.4 Priority of Documents .................................................................................................. 139
ARTICLE II LEASE OF PREMISES ........................................................................................ 139
2.1 Lease of Premises ......................................................................................................... 139
2.2 Purpose of Use and Occupancy.................................................................................. 1410
2.3 Suitability of Premises ............................................................................................... 1410
2.4 Limited Representations by Lessor ............................................................................ 1410
2.5 Satisfaction of Liens ....................................................................................................... 11
ARTICLE III TERM................................................................................................................. 1511
3.1 Term of Lease............................................................................................................. 1511
3.2 Option to Renew......................................................................................................... 1511
ARTICLE IV RENT, SECURITY DEPOSIT, & FINANCIAL RECORDS ........................... 1512
4.1 Base Rent and Percentage Rent .................................................................................. 1512
4.2 Parking Trust Fund Contribution ............................................................................... 1714
4.3 Security Deposit ......................................................................................................... 1715
4.4 Earnest Money Deposit .................................................................................................. 16
4.5 Lessees Financial Records ........................................................................................ 1916
4.54.6 Reports by Lessee....................................................................................................... 1917
4.64.7 Right to Examine Financial Records .......................................................................... 2017
4.74.8 Audit ........................................................................................................................... 2017
4.84.9 Lien for Rent & Other Charges .................................................................................. 2118
ARTICLE V CONSTRUCTION & LEASEHOLD IMPROVEMENTS ................................. 2119
5.1 Lessees Obligation to Construct & Maintain Leasehold Improvements .................. 2119
5.2 Conceptual Plan.......................................................................................................... 2219
5.3 Construction Plans...................................................................................................... 2219
5.4 Possession Date .......................................................................................................... 2321
5.5 Development Schedule ............................................................................................... 2421
5.6 Review........................................................................................................................ 2421
5.7 Payment and Performance Bond ................................................................................ 2421
THIS LEASE AGREEMENT (Lease), made this ___ day of ____________, 20___,
by and between the CITY OF MIAMI, a municipal corporation of the State of Florida having
its offices at 3500 Pan American Drive, Miami, Florida 33133 (Lessor or City) and
________________VIRGINIA KEY, LLC, a Florida limited liability company having its
offices at ________________c/o RCI Marine, 300 Alton Road, Suite 303, Miami Beach, Florida
33139 (Lessee). The Lessor and Lessee (together the Parties), hereby recite:
RECITALS
Whereas, the City is the owner in fee simple of certain upland and submerged lands
located in the City of Miami, Miami-Dade County, Florida referred to herein as the Premises,
as specifically set forth in Exhibit A.
Whereas, in response to the Virginia Key Marina Request for Proposals # 16-17-011
(RFP), Lessee submitted to Lessor a proposal, which was approved by the City Commission
on _________ by Resolution No. _________.
Whereas, this Lease was negotiated pursuant to the authority expressly conferred by the
City of Miami Charter, general law, and the City Commission Resolution No. __________,
which authorized the execution of this Lease.
Whereas, it is the mutual desire of the Parties that the Premises be leased and demised by
Lessor to Lessee for the purposes set forth in this Lease, subject to and upon the express terms
and conditions contained herein. The Parties believe that this Lease is consistent in all material
respects with the RFP.
Now therefore, in consideration of the foregoing and of the rent, covenants, and
agreements hereinafter set forth, the Parties do hereby covenant and agree as follows:
ARTICLE I
Any word contained in the text of this Lease shall be read as the singular or the plural and
as the masculine, feminine or neuter gender as may be applicable in the particular context. More
specifically, however, for the purposes of this Lease, the following words shall have the
meanings attributed to them herein in subsection 1.3.
The foregoing Recitals are hereby incorporated into this Lease by this reference as if set
out in full in the body of this Lease.
1.2 Exhibits
Attached hereto and forming a part of this Lease are the following Exhibits:
Exhibit A -- Survey/Legal Description of Premises
Exhibit B -- Annual Percentage Rent Statement
Exhibit C -- Annual Gross Revenue Report
Exhibit D -- Monthly Gross Revenue Report
Exhibit E -- Lessees Proposed Leasehold Improvements
Exhibit CF -- Payment & Performance Bond
Exhibit G -- Contractor Insurance Requirements
Exhibit DH -- Leasehold Insurance Requirements
Exhibit EI -- Phase I-III Areas
Exhibit J -- Phasing Plan
Exhibit K -- Initial Signage Plan
Schedule 4.1.1-- Base Rent
1.3 1.3 Definitions
1.3.2 Additional Rent means any and all additional sums, charges, or amounts
of whatever nature to be paid by Lessee in accordance with the terms of this Lease, whether or
not such sums, charges or amounts are referred to as Additional Rent.
1.3.3 Anticipated Repair Cost shall have the meaning set forth in Section 7.4.
1.3.5 1.3.4 Assignment refers to the complete transfer of the rights and
obligations of the Lessee under the Lease to a third party, whereupon the third party assignee
becomes the Lessee under the Lease and takes over all of the Premises and the rent and other
obligations associated with the Lease, thereby assuming the prior tenants rights and obligations.
Subleases of a portion of the Premises shall not be deemed an Assignment.
1.3.6 1.3.5 Assignee refers to the third-party entity assuming the rights and
obligations of the Lessee or assignor or owner of the Leasehold Estate.
1.3.7 1.3.6 Assignor refers to the Lessee that is assigning its rights and
obligations under this Lease to a third-party entity. Unless released from liability from the City
pursuant to Section 10.10 of this Lease, which decision shall be conditioned on the payment of
the consideration at the time of Assignment set forth in Section 10.3 of this Lease, the Assignor
shall remain secondarily liable as a guarantor for the obligations under the Lease, if the new
Lessee (Assignee) defaults under the Lease.
1.3.7 Average Repair Costs shall mean the average of the previous five (5)
years repair and maintenance line-item costs, inclusive of any capital items. Average Repair
Costs shall be calculated in order to determine the annual amount due to the CapEx Fund, as
specified in section 7.4 below.
1.3.8 Base Rent shall mean the annual Base Rent due and payable by Lessee
on a monthly basis for the use of each Phase of the Premises and shall have the sum ascribed to it
in Section 4.1.1.
1.3.9 Business Days means Monday through Friday, excluding legal holidays
in the City of Miami, Florida.
1.3.11 1.3.10 City Manager shall mean the Chief Administrative Officer of the
City. In day to day matters all decisions attributed to the City in this Lease may be made by the
City Manager, or his or her authorized designee, unless otherwise specified.
1.3.12 1.3.11 City Commission shall mean the local legislative body of the
Executive Mayor City Commission. Notwithstanding Section 1.3.10 above the City Commission
will be required to approve the Lease and any material amendments to the Lease.
1.3.14 1.3.13 "Consumer Price Index" shall mean the Consumer Price Index
reported by the U.S. Bureau of Labor Statistics for All Urban Consumers, with a U.S. City
Average area coverage.
1.3.16 1.3.14 Date of Taking means the earlier of (i) the date on which actual
possession of all or less than all of the Premises, as the case may be, is acquired by any lawful
power or authority pursuant to the provisions of any applicable law; or (ii) the date on which title
to all or less than all of the Premises, as the case may be, has vested in any lawful power or
authority pursuant to the provisions of any applicable law.
1.3.18 1.3.15 Fair Market Value has the meaning set forth in Section 4.1.6 of
this Lease and secondarily as supplemented by the applicable terms of the RFP. For purposes of
this Lease, Fair Market Value will have the same meaning as Fair Market Rent.
1.3.20 1.3.17 Gross Condemnation Award means the actual amount of the
award paid in connection with or arising from the acquisition or other taking of all or less than all
of the Premises, as the case may be.
1.3.21 1.3.18 Gross Insurance Proceeds means the actual amount of insurance
proceeds paid following an insured casualty to the Leasehold Improvements.
1.3.22 1.3.19 Gross Revenues shall mean the entire amount of all revenues and
percentages of revenues actually collected and received by the Lessee (and its assignees or
transferees) from Lessee's operation of any business at the Premises or by and through its
Leasehold Estate, including without limitation, those Gross Revenues derived from the
following sales sources:
Gross Revenues, whether for cash, credit, credit cards or otherwise, shall be recognized
in the period the service was provided or sale took place unless it is for a gift and or other credit
which shall be recognized upon redemption. Payments received in advance are deferred and are
recognized as revenue in the period the service is rendered or sale takes place. Grants shall be
recorded as income during the period designated by the grants or when the Lessee has incurred
expenditures in compliance with the restrictions of the grantor. If a sale is by credit card, no
deduction shall be allowed for any commission associated with such sale.
Items which shall be expressly excluded from the definition of Gross Revenues:
(i) Any sales taxes imposed by law which are separately stated
to and paid by the purchaser or user, and are directly payable to a taxing authority by the Lessee,
shall be excluded from gross receipts;
1.3.24 1.3.21 Lease means this Lease as supplemented by the RFP, any
addendums thereto, and the Lessees response to the RFP, all of which are hereby incorporated
by reference into this Lease as additional documents providing supplemental terms and
conditions; provided, however, that in the event of any express conflicts between this Lease and
the other documents referenced in this subsection this Lease shall govern.
1.3.25 1.3.22 Lease Date means the date that the Lease is fully executed and
legally binding upon the Parties after approval by the City of Miami Commission and approval
by referendum.
1.3.26 1.3.23 Leasehold Estate means all of Lessees right and interest as
Lessee in, to and under this Lease, the Premises and the Leasehold Improvements, if applicable.
1.3.30 1.3.27 Lease Year means twelve (12) full consecutive months. The first
Lease Year shall begin on the LeaseRent Commencement Date. If the LeaseRent
Commencement Date does not fall on the first day of the month, the first Lease Year will
commence on the first day of the following month. Each succeeding Lease Year shall
commence on the anniversary date of the first Lease Year.
1.3.31 1.3.28 Major Special Event means any event held at the Premises which
is not in the ordinary course of the day-to-day business activities at the Premises and which event
lasts for a period of two (2) or more than five (5) consecutive Business Days (excluding set up
and breakdown time).
1.3.33 1.3.30 Percentage Rent shall have the meaning ascribed to it in Section
4.1.4 and shall be payable annually and calculated as a percentage of the Gross Revenues.
1.3.34 1.3.31 Phase shall mean a portion of the Premises and the Leasehold
Improvements built thereon, as set forth in Exhibit E attached hereto.
1.3.35 1.3.32 Phasing Plan means the phased development of the Leasehold
Improvements and use of the Premises as set forth on Exhibit E attached hereto
1.3.37 1.3.33 Premises means the space more particularly described in Section
2.1 herein and Exhibit A attached herewith and incorporated herein by reference, known as
Virginia Key Marina, and having a collective address of 3301, 3605, 3501, 3311, & 3511
Rickenbacker Causeway, Miami, Florida.
1.3.38 Principal means Virginia Key Parent, LLC, a Florida limited liability
company.
1.3.39 1.3.34 Proposal means the document received by Lessor from Lessee in
response to the RFP.
1.3.40 1.3.35 Rent means Base Rent, Percentage Rent and any other
rents, costs and expenses denominated as Additional Rent.
1.3.41 Rent Commencement Date means the date that Lessee shall commence
paying Base Rent for each applicable Phase as further set forth in Section 4.1. The Rent
Commencement Date shall be no earlier than the Objection Expiration Date.
1.3.43 1.3.37 Sublease means any lease (excluding this Lease), sublease,
license, concession or other agreement by which Lessee or any person or other entity claiming
under Lessee (including, without limitation, a Sub-lessee or sub-licensee) demises, leases,
subleases, licenses or sublicenses to or permits the use or occupancy by another person or entity
of any part of the Premises and Leasehold Improvements.
1.3.44 1.3.38 Sub-lessee means any person, firm, corporation or other legal
entity using or occupying or entitled to use or occupy any part of the Premises or the Leasehold
Improvements under a Sublease.
1.3.45 Suntex means Virginia Key SMI, LLC, Suntex Marina Investors, LLC
or any entity directly or indirectly controlled by such entity or under common control with such
entity.
The Virginia Key Marina Request for Proposals # 16-17-011 (RFP) shall be
incorporated hereto by reference. Following the issuance of the RFP, Lessee submitted a
Proposal (Proposal), which was accepted by the City. The above-referenced documents shall
be interpreted to avoid conflicts, where possible. In the event of an express conflict between the
above-referenced documents and the terms of this Lease, the following order of priority shall
govern:
1.4.1 This executed Lease and its exhibits shall govern over the RFP and the
Proposal;
1.4.3 The Proposal will be subordinate to the Lease and the RFP, respectively.
ARTICLE II
LEASE OF PREMISES
The Lessor does hereby lease, let and demise to the Lessee, and the Lessee hereby leases
from the Lessor the Premises, subject to the following terms and conditions, to have and to hold
the said lands, tenements and hereditaments, with all of the rights, privileges and appurtenances,
thereunto belonging or pertaining unto Lessee for the Lease Term herein specified, unless this
Lease shall be sooner terminated in a manner hereinafter provided. The Premises is described
more particularly in Exhibit A attached hereto and incorporated herein by reference.
Lessee shall have all rights, privileges, easements and appurtenances, if any, benefiting
the Premises in, over and upon adjoining and adjacent public and private land, highways, roads
The Lessee will use and occupy the Premises, subject to compliance with all applicable
laws, rules, regulations, permits, licenses, consents, and similar approvals, including the use
requirements and other conditions imposed by the RFP, for: (i) wet and dry slips for vessels and
boat storage; (ii) ships store; (iii) restaurant; (iv) sale of fuel; (v) small scale non-commercial
repair and maintenance of vessels and marine related equipment; (vi)
__________________________, and (vii) other marine and ancillary uses, and for no other
purpose or use of any kind without the prior written consent of Lessor, which consent shall not
be unreasonable withheld, conditioned or delayed. Reasonably related special events may be held
on the Premises without the Citys prior written consent; however the Citys prior written
consent shall be required for Major Special Events. The request for a Major Special Event must
be provided a minimum of thirty (30) days prior to the date of the event and the Lessor shall
have ten (10) days to respond to such a request. If the City fails to timely respond to a request
for a Major Special Event it shall be deemed approved.
Except as otherwise set forth in this Lease, the Lessee will operate the Premises a
minimum of _____forty (40) hours per week, except in cases of Force Majeure, casualty or
condemnation or any reasonable period of remodeling, repair or reconstruction of the Premises,
which remodeling, repair or reconstruction may not, without the Citys prior written consent
(which consent shall not be unreasonably withheld, conditioned or delayed), exceed a continuous
period of thirty (30) days in any calendar year, or more than a cumulative total period of forty
five (45) days in any calendar year.
Lessee acknowledges that neither the Lessor nor any of Lessors officers, representatives,
or employees has made any representation or warranty with respect to the Premises, or with
respect to the suitability or fitness of the Premises, for the conduct of Lessees operations or for
any other purpose, except as set forth in this Lease or in the RFP. The execution of this Lease by
Lessee shall establish that the Lessee accepts the condition of the Premises AS IS, subject to
the representations set forth in Section 2.4 herein, the RFP or elsewhere in this Lease. and the
obligations of Lessor set forth in this Lease. Notwithstanding anything contained herein to the
foregoing, Lessor shall be required, at its sole costs and expenses, to remove any deed or other
Lessor makes the following representations, covenants and warranties which shall
survive the execution of this Lease and the taking of possession of the Premises by the Lessee:
a) That Lessor has taken all requisite actions to make this Lease binding upon
Lessor, and Lessor has marketable, fee simple title to the Premises, and is the sole owner of and
has good right, title and authority to convey and transfer to Lessee all rights and benefits for
Lessees use as provided herein which are the subject matter of this Lease for Lessees use as
provided herein, free and clear of all Liens, Encumbrances and without need for the consent of or
waiver by any third party. Absent emergency action, or other Municipal Home Rule Action
required by the public health, safety and general welfare, Lessor covenants with Lessee that it
will not, during the Lease Term and any option period hereof, conferred and validly exercised,
knowingly permit the imposition upon the Premises any liens, encumbrances, mortgages,
easements or any other matters affecting title which would preclude or otherwise materially
affect Lessees quiet enjoyment ofof any Liens and Encumbrances. To the extent any Liens and
Encumbrances exist as of the Rent Commencement Date, Lessor shall cause any and all such
Liens and Encumbrances to be promptly removed from the Premises. The obligation of the
Lessor set forth in the preceding sentence is not intended to limit the ability of the Lessor, acting
in its governmental capacity, to exercise its police powers with respect to the Premises and any
activities within the Premises but shall not materially impair Lessees ability to use the Premises
for the uses set forth in Section 2.2 of this Lease.
b) That no party, other than Lessee, shall on the Lease Date be in or have any right
to possession of the Premises.
c) That the terms of this Lease, including, without limitation, the intended use of the
Premises by Lessee, are not in violation of or expressly inconsistent with any operative
agreement, covenant, restriction or limitation known to Lessor of any kind whatsoever which
relates to the Premises.
Lessor shall satisfy or cancel of record all existing Liens and Encumbrances affecting the
Premises as of the Lease Date except as otherwise set forth in this Lease.
ARTICLE III
TERM
The initial Lease Term is for a period of forty-five (45) years, commencing on the
LeaseRent Commencement Date. The Lease Term shall be extended to include any fraction of a
calendar month between the Lease Date and the first day of the first full calendar month thereof.
The Lessee has the option of extending this Lease for two (2) additional terms of fifteen
(15) years each (First Renewal Term and Second Renewal Term), as long as no Event of
Default exists at the commencement of the subject Renewal Term. To exercise the First
Renewal Term or the Second Renewal Term, the Lessee must give Lessor written notice by the
latter of (i) the date which is one hundred eighty (180) prior to the expiration date of the Lease
Term or the First Renewal Term or (ii) the date thirty (30) days following written notice from
Lessor advising Lessee that Lessee has failed to furnish notice of its option to exercise the First
Renewal Term or the Second Renewal Term, as applicable, in the manner provided for herein
(the Reminder Notice), which Reminder Notice shall state that such notice constitutes final
notice to Lessee of its option to exercise the First Renewal Term or the Second Renewal Term,
as applicable. Lessor shall send the Reminder Notice as a pre-condition to Lessees option of
extending the Lease Term expiring. The First Renewal Term and the Second Renewal Term will
be on the same terms and conditions as the Lease Term, except that the Base Rent will be
adjusted as set forth in Section 4.1.2 below. The total term of the Lease, inclusive of the First
and Second Renewal Term, is seventy-five (75) years. No additional renewals will be available.
ARTICLE IV
Commencing on the LeaseRent Commencement Date and on the first (1st) day of every
calendar month thereafter during the Lease Term, Lessee hereby agrees to pay to the Lessor the
applicable Base Rent. If the first payment of Base Rent does not fall on the first day of the
month, the first payment shall be prorated based on the number of days in such month.
In addition to Base Rent, the Lessee hereby agrees to pay the Lessor Percentage Rent on
an annual basis as set forth in this Article. In the event that Lessee fails to provide payment of
Rent in the time required by the terms of this section, Lessee shall be subject to a Late Fee in
addition to payment then due, as more particularly described in Section 16.4 below. No Late Fee
shall be payable by Lessee on any Percentage Rent if such unpaid amount is due to the findings
of amounts payable in connection with an audit or dispute relating thereto. In such event a Late
Fee shall only be payable if Lessee fails to pay any amounts due within thirty (30) days after the
resolution and final determination of such amount payable as a result of such audit.
The Base Rent shall be _______ per month, Construction Rent and Placeholder Rent
shall be payable on the amounts set forth on Schedule 4.1.1, which has been estimated based
upon: (i) the size of the Premises and (ii) the anticipated time required for Lessee to (a) obtain
legal possession of the Premises, and (b) the land use approvals, zoning designations and permits
for the construction of the Leasehold Improvements to be constructed by Lessee and the use of
the Premises by Lessee and is subject to reasonable adjustment by Lessor and Lessee for delays
in connection therewith. The Base Rent shall be adjusted and increased annually by the method
described in Section 4.1.2 below upon the commencement of the second Lease Year.
Lessee agrees that the Base Rent shall be increased annually by an amount equal to the
greater of: an increase by _________________________three percent (3%) of the previous
years Base Rent, or an increase based on the amount indicated by the Consumer Price Index as
of three (3) months prior to the beginning of the applicable adjustment date. In no event shall
any such annual adjustment to the Base Rent result in an increase that is less than three percent
(3%), or more than five percent (5%) of the Base Rent in the year amount immediately prior to
the effective date of such adjustment.
The Lessee shall be liable for the prevailing State of Florida Sales, Use or similar tax
imposed on the amount of Rent paid to Lessor under this Lease, in the absence of an exemption
or other reduction by the State of Florida or other taxing entity. To the extent permitted by
Applicable Law, Lessee shall be entitled to take a credit for Sales and Use Taxes paid by any
Sublessee, licensee, concessionaire or the like. This Sales and Use Tax shall be payable to the
Lessor when Rent is due, and in turn, Lessor will remit the same, less any authorized handling
deductions, if any, to the State.
From the LeaseRent Commencement Date and continuing throughout the term of the
Lease, Lessee shall pay to the City a percentage of Lessees annual Gross Revenues for Lessees
business operations made from or upon the Premises for that same time period as set forth below.
Percentage Rent shall be computed on an annual basis (Percentage Rent Period) beginning
with the LeaseRent Commencement Date and continuing throughout the Term.
The Percentage Rent shall be payable within sixtyninety (6090) days after the end of each
Lease Year. Lessee shall deliver to the Lessor a statement setting forth the Gross Revenues
during the applicable Percentage Rent Period (Annual Percentage Rent Statement), and Lessee
shall pay to the Lessor the amount of Percentage Rent due and payable, if any, to the Lessor
pursuant to the terms of this Lease. Each Annual Percentage Rent Statement shall be signed and
certified to be complete and correct by an officer of Lessee. Such statement shall show the
annual Gross Revenues and an itemization of any exclusions or deductions for the current Lease
Year. Lessee shall provide the Annual Percentage Rent Statement with an Annual Gross
Revenue Report in substantially the same form as attached hereto as Exhibit B and Exhibit C.
Lessee shall:
(i) pay the Lessor (x) the monthly Base Rent and (y) the Percentage Rent, and
(ii) deliver the corresponding Annual Percentage Rent Statement and Gross Revenue
Report for the preceding Lease Year to the City of Miami, Department of Real Estate and
Asset Management at the address noted below:
City of Miami
Department of Real Estate and Asset Management
Attention: Lease Manager
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
As required by applicable laws, the Lessor has determined that the Base Rent and the
Percentage Rent constitutes Fair Market Value. The Lessor has made such determination based
on an appraisal of the proposed project as performed by two (2) State-certified general appraisers
hired by the Lessor.
Upon _______ the Lessee shall be required to contribute an amount equal to fifteen
thousand and 00/100 dollars ($15,000.00) per parking space required to meet the Lessees
parking requirement pursuant to the RFP. Based on the proposed development, the Lessees
total contribution to the Parking Facilities shall be _______ dollars ($_____) for the non-
exclusive use of a total of _____ parking spaces, which amount may be adjusted as set forth
below (Parking Trust Fund Contribution). The Parking Facilities shall be a public municipal
garage, which shall be built and operated by the Department of Off Street Parking of the City of
Miami d/b/a Miami Parking Authority (MPA).
Simultaneously upon the execution of this Lease by Lessee, the Lessee shall pay to the
Lessor a security deposit equal to Two Million Dollars ($2,000,000) (the Security Deposit), to
be held as security for performance by Lessee of all obligations imposed under this Lease which
Lessee is required to perform during the Lease Term, and any extension thereof. The amount
specified above shall be adjusted to one million and 00/100 dollars ($1,000,000.00) upon the
issuance of a final Certificate of Completion for the Leasehold Improvements. Five (5) years
following the issuance of the Certificate of Completion, an additional five hundred thousand
($500,000) shall be returned to Lessee; the remaining five hundred thousand dollars ($500,000)
shall remain in the account as security for the Lease.
The Lessor acknowledges that a portion of the Security Deposit was previously deposited
by the Lessee with the Lessor as part of pursuant to the terms of the RFP. The Security Deposit
shall be in the form of cash or its equivalent (e.g., letter of credit) which funds may be
commingled by Lessor with its other funds. No interest shall be paid on the Security Deposit by
Lessor. For so long as the Security Deposit has not been repaid by Lessor, it shall constitute an
account payable by Lessor to Lessee within thirty (30) days following termination of this Lease
to the extent, if any, that the Security Deposit has not been applied by Lessor as hereunder
provided.
If an Event of Default shall occur with respect to any covenant duty, or obligation of
Lessee under this Lease, then the Security Deposit or any part thereof may be applied by Lessor,
at Lessors sole discretion but in accordance with the terms of the Lease, to the damages
sustained by Lessor by reason of any such Event of Default or to indebtedness owing by reason
of any failure of Lessee to make any required monetary payment under this Lease. Lessor shall
provide written notice to Lessee of the amount and reason for any application of the Security
Deposit within five (5) Business Days after such application. No such application shall be
construed as an agreement to limit the amount of Lessors claim or as a waiver of any damage or
release of any indebted ness, and any claims of Lessor under this Lease not recovered in full
from the Security Deposit shall remain in full force and effect. In no way shall the sSecurity
dDeposit serve as liquidated damages for any event of default; rather, Lessor may apply the
Security Deposit amount to damages sustained by Lessees default and continue to request any
additional amount owed. Notwithstanding the above, in the event of a Lessee Default resulting
from Lessees failure to meet the development schedule, subject to reasonable extension for
Further, at any time or times when Lessor has made any such application of all or any
part of the Security Deposit, Lessor shall have the right (but not the obligation) at any time
thereafter to request in writing that Lessee pay to Lessor a sum or sums equal to the amounts so
applied by Lessor so that Lessor will always be in possession of a sum equal to the amount of the
Security Deposit stated above. Lessee shall make each such requested remittance within thirty
(30) days following such request from Lessor and each such remittance received by Lessor shall
thereupon constitute a part of the Security Deposit subject to the terms and provisions thereof.
Failure to make any such requested remittance within such thirty (30) day period may be treated
by Lessor as a failure by Lessee to make timely payment of rent and as an Event of Default.
The Security Deposit shall be retained by the Lessor throughout the entire term of this
Lease and, if not utilized by Lessor, will be returned to Lessee without interest, and less any
allowable deductions, credits or setoffs by Lessor, within thirty (30) days following the surrender
of the Premises at the termination of this Lease, inclusive of any validly exercised option period,
as applicable.
Upon execution of the Lease, the Successful Proposer shall provide Seven Million
Dollars ($5,000,0007,000,000) by an irrevocable/unconditional cashiers check, drawn on a
financial institution authorized to do business in Florida (or may do the same by wire transfer or
similar means), or shall provide proof the above-mentioned amount has been deposited into a
restricted escrow account. Upon commencement of construction, the Successful Proposer shall
be allowed to withdraw from that fund in order to pay for the costs of construction. NOTE TO
CITY: CONFIRM IF $5MM OR $7MM IN LIGHT OF $2MM SECURITY DEPOSIT.
Lessee will establish an operating entity that is unique to the operations of the Lessee in
the Premises, as well as one or more bank accounts through which deposits of Gross Revenues
generated from such operations will be made. The bank in which such deposits are made shall
be based in the United States or shall have a large local presence. The said deposits of Gross
Revenues will not be comingled with those from any other operations of the Lessee outside of
the Premises or any other affiliated organizations. In addition and/or alternatively, Lessee will
use an accounting system that will separately provide for a detailed accounting of Gross
Revenues. The detailed accounting shall not be commingled with the Lessees other operations;
and, should comply with federal income tax returns and state sales and use tax returns.
Accordingly, Lessee shall prepare and keep full, complete and proper financial records and
source documents in accordance with generally accepted accounting principles generally
accepted in the United States, of the Gross Revenues, whether for cash, credit or otherwise,
of each separate department at any time operated in the Premises.
The financial records and source documents to be kept by Lessee for Lessees business
operations at the Premises shall include, but shall not be limited to true copies of: (1) records of
Pertinent original sales records shall include, without limitation: (i) sales reports of back
office systems fed from point of sale terminals, (ii) cash register tapes, including tapes from
temporary registers, if any, (iii) serially pre-numbered sales slips, (iv) the original records of all
mail, internet and telephone orders at and to the Premises, if any, (v) settlement report sheets of
transactions with any person conducting business on the Premises, if any, (vi) original records
indicating that merchandise returned by customers was purchased at the Premises by such
customers, (vii) memorandum receipts or other records of merchandise taken out on approval,
(viii) detailed original records of any exclusions or deductions from Gross Revenues, (ix) sales
tax records, and (x) such other sales records, if any, which would normally be examined by an
independent accountant pursuant to accepted auditing standards in performing an audit of
Lessees sales.
Within thirty (30) days following the last day of each month of each Lease Year, Lessee
shall furnish to Lessor a monthly statement of Gross Revenues generated in the preceding
calendar month (Monthly Gross Revenue Report). The Monthly Report shall be signed and
certified to be complete and correct by an officer of Lessee. Lessee shall use a Monthly Gross
Revenue Report, a sample of which is attached herewith and incorporated herein as Exhibit D to
itemize any and all reportable Gross Revenues, or any similar form acceptable to Lessor.
Within sixty (60) days after the end of each Lease Year, Lessee shall also furnish to
Lessor the Annual Percentage Rent Statement and Annual Gross Revenue Report specified in
section 4.1.5 above, showing in reasonable detail the amount of such Gross Revenues made by
Lessee from the Premises during the preceding Lease Year. Any intentional misstatement of
Gross Revenues will constitute a default under this Lease.
Lessor shall have the right to examine all of Lessees financial records related to the
calculation of Gross Revenues, including bank statements, state sales and use tax returns/reports,
and federal income tax returns filed by Lessee, and pertaining to the financial operations on the
subject Premises. To the extent legally permissible, all such information shall be marked as
4.8 Audit
At its option, Lessor may at any time, upon not less than thirty (30) days, prior written
notice to Lessee, arrange for an Independent Certified Public Accountant of reputable standing
selected by Lessor to conduct a complete audit (including a physical inventory, if applicable) of
the entire records and operations of Lessee included in Gross Revenues from the Premises
pertaining to the period covered by any statement issued by Lessee. Lessee shall make available
to the Lessors auditor at the Premises or Lessees main accounting office on the day set forth in
Lessors notice, requiring such audit, all of the financial records, source documents, variance
reports, general ledgers, management reports, arrearage reports, check registers, and any other
materials which such auditor reasonably requests in writing for the purpose of performing such
audit.
Lessee shall promptly pay to Lessor the amount of any deficiency in Percentage Rent
payments disclosed by any such audit if the results of such audit are not disputed. in writing by
Lessee. If such undisputed audit shall disclose that Lessees statement of Gross Revenues is at
variance following the dispute resolution set forth below to the extent of five percent (5%) or
more, Lessor may bill to Lessee the cost of such audit, which Lessee shall pay within thirty (30)
days after Lessees receipt of Lessors invoice. If such audit shall disclose an overpayment,
Lessor shall credit such overpayment toward the next payment(s) of Rent due under the Lease or
at Lessees option be returned to Lessee within thirty (30) days after written notice from Lessee
or returned. In addition to the foregoing, and in addition to all other remedies available to
Lessor, in the event Lessee and Lessors auditor shall schedule a date for an audit of Lessees
records, and Lessee shall fail to be available upon three (3) days15 Business Days notice or
shall otherwise fail to comply with the requirements for such audit, Lessee shall pay all costs and
expenses associated with the canceled audit.
Lessor and Lessee agree to attempt to resolve any audit dispute not resolved in sixty (60)
days following delivery of the final audit by submitting the results of the disputed audit to a
mutually acceptable third-party Certified Public Accounting firm for its opinion, the fees of
which shall be paid equally by both parties.by the party who does not prevail regarding the
dispute or if both parties prevail in some respect, the cost of the audit shall be split between the
parties.
Lessor shall additionally have such audit rights as are set forth by Section 18-102, City
Code, which is deemed as being incorporated by reference as if fully set forth herein. In addition
Lessor shall have the ability but not the duty to conduct inspections, as are set forth in Sections
18-101-103, City Code, deemed as being incorporated by reference as if fully set forth herein,
from time to time, of the Premises as provided.
The whole amount of the Rent and each and every installment, and the amount of all
taxes, assessments, water rates, insurance premiums and other charges and Impositions not paid
by the Lessee prior to delinquency under the provisions of this Lease, and all out of pocket costs,
reasonable attorneys fees and other expenses which may be incurred by the Lessor in enforcing
the provisions of this Lease, or on account of any delinquency of the Lessee in carrying out any
of the provisions of this Lease, shall be and they are deemed to constitute a valid lien upon the
Leasehold Improvements, and upon the Lessees Leasehold Estate. To the extent Lessee is the
prevailing party in such dispute, Lessor shall be liable to reimburse Lessee for its out of pocket
costs, reasonable attorneys fees and other expenses incurred in connection therewith.
ARTICLE V
The Lessee shall, at its own cost and expense, design, construct, install, equip, and
maintain the Leasehold Improvements on the Premises in accordance with the terms and
conditions set forth in the Proposal and further set forth below.
The Lessor has approved the Lessees plan for the redevelopment of the Premises as set
forth in the Proposal (the Conceptual Plan), including the conceptual design of the open space
and including, without limitation, renderings and layouts of the Premises, estimated
commencement and completion dates and preliminary information relating to scheduling
requirements during construction, estimated times and manner of delivery of equipment and
materials, and preliminary functional plans showing the proposed location of on-site utility
systems and all connections to utility supply lines at the perimeter of the Premises, all necessary
roadways, ramps, pedestrian circulation and parking areas, appropriate landscaping (including
the landscaping of open space) and fences.
In the event that Lessor disapproves the Plans, Lessee shall, within ten (10) business days
of receipt of the notice or such longer period of time as is reasonable in light of the requested
modifications, modify the Plans in accordance with the reasons set forth in Lessors disapproval
notice. Lessor shall be required to respond with written notice as mentioned above within ten
(10) days of any resubmitted Plans. The modified Plans shall be resubmitted to Lessor for
Lessors final review and approval. The parties shall reasonably cooperate to resolve any
difference regarding the Plans. If Lessor fails to timely respond to the Plans or any revisions
thereto, the applicable Plans shall be deemed approved.
Lessor shall deliver possession of each portion of the Premises in the manner and scope
identified in the attached Exhibit E. Delivery of possession shall be subject to Force Majeure
delays. On or before the Lease Date, the Lessee shall have provided the City Manager or his/her
designee evidence, as may be reasonably satisfactory to the Lessor, that Lessee has sufficient
funding or binding funding commitments to complete the Leasehold Improvements to be
constructed aton the subjectapplicable Phase of the Premises.
The Lessee shall give the Lessor at least sixty (60) days notice prior to the
commencement of construction. Construction for each Phase shall commence within thirty-six
(36) months from the Effective Date of said Phase, as set forth in Exhibit E. All physical
improvements for all components must be completed within sixty (60) months from execution of
the Lease by both parties, unless the Successful Proposer applies for and receives a waiver from
Lessor. Lessor, at its reasonable discretion, may grant a waiver extending the abovementioned
schedule if the Lessee demonstrates that: (1) it has actively and continuously pursued obtaining
all required permits; and (2) the delay is a result of fForce mMajeure or a result of delays outside
of the Selected Proposers control. Phased development must be done in sixty (60) months with
all building permits for the last phase in place no later than forty eight (48) months from the
Effective Date of the Lease subject only to fForce mMajeure, otherwise the provisions of Section
29-B of the City of Miami Charter, as amended, shall apply.
5.6 Review
Lessor shall have the right, through its duly designated representatives, to inspect the
Construction Work and the plans and specifications thereof, at any and all times during the
progress thereof and from time to time, in its discretion, to take samples and perform testing in
any part of the Construction Work. Additionally, the Lessee shall provide the Lessor with all
correspondence and material associated with the permitting process on a regular basis, including
any studies and reports produced for the Project.
The Payment and Performance Bond shall be issued by a bonding company which shall
be approved by Lessor, in the reasonable exercise of its discretion, in an amount equal to one
hundred percent (100%) of the hard costs to construct the Leasehold Improvements (or
applicable portion thereof) described in Exhibit BE naming the Lessor as the owner/obligee, and
the Lessee or Lessees general contractor, as the principal guaranteeing the payment and
performance of Lessees obligations with respect to any and all construction work pertaining to
the Leasehold Improvements, free of construction or other liens. The conditions of the Payment
and Performance Bond shall be to insure that the Lessee or Lessees general contractor will:
ii. Pay Lessor all losses, damages, expenses, costs, and attorneys fees, including
appellate proceedings, that Lessor sustains because of a default by Lessee under this Lease
pursuant to claims made under Section 255.05, Florida Statutes; and
iii. Perform the guarantee of all obligations of the Lessees under this Lease with
respect to the construction, and the acquisition and installation of the Leasehold Improvements.
The Payment and Performance Bond may be terminated at such time as the construction,
and the acquisition and installation of the Leasehold Improvements (or applicable portion
thereof) are completed as evidenced by issuance of a Certificate of Occupancy or other
equivalent approval and reasonably satisfactory evidence thereof is provided by the Lessee to the
City Manager, including certification by the Lessees architect that all requirements of the
Payment and Performance Bond have been satisfactorily concluded, and by the issuance of a
temporary certificate of occupancy orand use, or other equivalent approval, as applicable. The
form of the Payment and Performance Bond, a sample of which is attached herewith by reference
as Exhibit F, shall be approved by the City Manager or the Risk Manager as his designee and by
the City Attorney as to legal form, which approval shall not be unreasonably withheld,
conditioned or delayed.
The Lessee shall require every contractor performing any work pertaining to the
Leasehold Improvements to furnish certificates of insurance, including Builders Risk insurance,
if applicable, to the reasonable satisfaction of the Lessor in accordance to Exhibit C attached
hereto. Copies of such certificates shall be furnished to the City of Miami Risk Manager, 444
SW 2nd Avenue 9th Floor, Miami, FL 33130. TheTo the extent permitted by the applicable
insurance regulations, the City will be named as an additional insured on such policies.
The Lessee hereby, in consideration of the granting of this Lease shall upon termination
or expiration of this Lease, convey unto Lessor, free and clear of all liens, title to all Leasehold
Improvements owned by Lessee, including, but not limited to, refrigerators, stoves, freezers,
hood systems, grills, dishwashers, sinks, kitchen work stations and light fixtures. that cannot be
removed without causing significant damage to the Improvements. DISCUSS ANY BENEFIT
OF CITY OWNING IMPROVEMENTS AFTER INITIAL CONSTRUCTION.
The Lessee shall make, or cause to be made, prompt payment of all money due and
legally owing to all persons doing any work, including subcontractors, or providing supplies and
equipment in connection with the construction, reconstruction or operation of the Premises. The
Lessee shall have no power or right to and shall not in any way encumber the Lessors fee simple
interest in the Premises. If any liens or encumbrances shall at any time be filed against the
Premises, the Lessee shall, upon acquiring knowledge of such lien or encumbrance, promptly
take and diligently pursue a cause of action to have the same discharged or to contest in good
faith the amount or validity thereof and if unsuccessful in such contest, to have the same
discharged or transferred to bond. If Lessee fails to discharge the lien, the Lessor, in addition to
any other right or remedy that it may have, may take such action as may be reasonably necessary
to protect its interest, and the Lessee shall be responsible for any and all reasonable out of pocket
costs incurred by the Lessor in connection with such action, including all reasonable legal fees,
costs and expenses.
All Plans furnished under this Lease are expressly subject to Lessors written approval,
which the City Manager is hereby authorized to act on behalf of for purposes of such approval,
and which approval he or she may not unreasonably withhold or delay.
No approval by the City Manager of any Plans furnished under this Lease pursuant to this
section shall relieve Lessee of any obligation it may have at law to file such Plans with any
department of the City or any other governmental authority having jurisdiction over the issues; or
to obtain any building or other permit or approval required by applicable laws. Lessee
acknowledges that any approval given by the City Manager pursuant to this Section shall not
constitute an opinion or agreement by the City that the Plans are structurally sufficient or in
compliance with any applicable laws.
ARTICLE VI
At all times during the Lease Term, Lessee shall manage the Premises with due diligence
and efficiency, in Lessees sole discretion, subject to the limitations set forth in this Lease, and in
a manner prudent and in accord with the current first class and best business practices and
techniques within the locale for Lessees business incondition consistent with similar businesses
located in Miami-Dade County with the substantially the same Leasehold Improvements and mix
of Lessees. To the extent Lessee operates any retail or restaurant space within the Premises,
Lessee or the applicable Sublessee, licensee, concessionaire shall carry at all times in the
Premises a stock of merchandise of such quantity, character and quality as shall be in accord
with comparable businesses within the locale of the Premises.
Lessee will not place or permit to be placed or maintained on any exterior door, wall or
window of the Premises, any signage of any kind, without first obtaining Lessors written
approval and consent, which may not be unreasonably withheld, conditioned or delayed. Lessee
shall erect an exterior sign of type, composition and design in conformance with the City of
Miami Zoning Code and the Sign Regulations of Miami-Dade County, as applicable.
Directional signage does not require Lessor approval. Lessee further agrees that such signs,
awning, canopy, decoration, lettering, advertising matter or other thing as may be approved shall
be maintained in good condition and repair at all times.
Lessee shall not install or cause to be installed any affixed exterior machinery, shades,
awnings in and to the Premises or any part thereof without the prior written consent of the
Lessor, which consent the City Manager is hereby authorized to give, and may not unreasonably
withhold or delay.
ARTICLE VII
Lessee, at its sole cost and expense, agrees to provide the necessary management and
labor to continuously maintain the Leasehold Improvements in the Premises, including all
operating equipment, utility services, and connections within the Premises. Lessee, at its sole
cost and expense, agrees to provide, janitorial and custodian services, trash and garbage removal
services, and any and all other related services necessary to have the Premises, and the Leasehold
Improvements remain in good, safe, code compliant and sanitary condition and repair throughout
the Lease Term. Lessee shall be responsible for periodic painting of the interior and exterior of
the Premises and decorating the interior of the Premises, maintaining its equipment, fixtures,
furnishings, and other personal property in good condition and repair. All maintenance shall be
at the Lessees sole cost and expense and will be subject to general inspection by the Lessor to
insure a continuing quality of maintenance and appearance and physical condition of the
Premises commensurate with maintenance, health, and safety standards reasonably established
by the Lessor and Applicable Law.
Subject to the provisions of this Lease regarding casualty damage and condemnation and
except as otherwise provided for in this Lease, Lessee, at Lessees sole cost and expense, at all
times during the Lease Term, shall make all repairs to all Leasehold Improvements, including,
without limitation, all heating, ventilating and air-conditioning equipment and any other repair or
replacement to the Leasehold Improvements. The Lessee will be responsible for maintenance
and repairs on the Premises throughout the term of this Lease. For avoidance of doubt, the
Lessees repair obligations shall not include (i) any initial installation or provision of city-owned
or operated improvements or (ii) any repair, maintenance or replacement that includes areas
Lessee shall not install or cause to be installed any exterior signs, exterior doors, wall or
window of the Premises visible from the Rickenbacker Causeway without the prior written
consent of the Lessor, which consent the City Manager is hereby authorized to give, and may not
unreasonably withhold, condition or delay. If Lessor fails to respond to any request in
accordance with the preceding sentence within ten (10) Business Days of its receipt of the same,
such request shall be deemed approved. Lessors prior written consent shall not be required for
Lessee to install or cause to be installed master or sub-meters for telephone, cable television,
internet, water, and electricity to Lessees utilizing the Premises site. Directional signage and
signage not visible form Rickenbacker Causeway does not require Lessor approval. Lessor
hereby approves the initial Signage Plan attached as Exhibit L.
Lessee shall only erect exterior signs of type, composition and design in conformance
with the City of Miami Zoning Code and the Sign Regulations of Miami-Dade County, as
applicable, Lessee further agrees that such signs, awning, canopy, decoration, lettering,
advertising matter or other thing as may be approved shall be maintained in good condition and
repair at all times.
No approval by the City Manager of any changes or alterations shall relieve Lessee of
any obligation it may have at law to file the required documents with any department of the City
or any other governmental authority having jurisdiction over the issues; or to obtain any building
or other permit or approval required by law. Lessee acknowledges that any approval given by
the City Manager pursuant to this section shall not constitute an opinion or agreement by the City
that the changes or alterations are in compliance with any applicable laws.
Commencing in Lease Year twenty (20) and extending through Lease Year twenty-five
(25), Lessee shall set aside an amount equal to twenty percent (20%) per year of Averagethe
Anticipated Repair Costs for Lease Year twenty-five into a separate reserve account (until 100%
of AverageAnticipated Repair Costs is deposited), in order to fund capital expenditures for the
Premises (CapEx Fund), which is required to be capitalized as an improvement to the
Premises. To the extent the Lessee has previously set aside funds for capital repairs, with its
lender or otherwise, the amount of the available funds in such set aside shall be credited to the
amount of the required deposit into the CapEx Fund and made available for such use. The
CapEx Fund may be used beginning in Lease Year twenty-one (21). The CapEx Fund shall be
applied toward major repairs and improvements, including, but not limited to, substantial
mechanical and structural purchases, upgrades, improvements, or repairs; the CapEx Fund shall
not be applied to minor repairs due to regular wear and tear. The Anticipated Repair Cost shall
be determined based upon a property condition report prepared by an unaffiliated third party
professional with at least five (5) years experience of evaluating commercial business that is
selected by Lessee and reasonably acceptable to the Lessor.
Lessee shall maintain financial accounting and scope of work records together with any
corresponding documentation of amounts placed and amounts used from the CapEx Fund, which
shall be subject to review by Lessor, in the manner specified above in sections 4.6 and 4.7 of this
Lease.
ARTICLE VIII
In connection herewith, Lessee shall obtain and maintain or cause to be obtained and
maintained in full force and effect throughout the period of this Lease, the insurance coverage set
forth in Exhibit D. If required by state, county, or city laws from time to time for work
conducted on or use of municipal properties, Lessee shall obtain and maintain or cause to the
obtained and maintained throughout or during the Lease Term, as applicable, such types and
amounts of payment, performance, maintenance, or restoration bond(s) as shall be reasonably
required to be reviewed and approved by the Citys Risk Management Department in
coordination with Lessees Risk Manager.
The Lessor reserves the right to reasonably amend the herein insurance requirements as
may be applicable in connection with the scope contemplated under this agreement and the types
of policies and coverage and deductible amounts that are commercially available over the Lease
Term. Lessor further reserves the right to request copies of all applicable policies in connection
with this agreement.
All liability, statutory workers compensation and property policies, if applicable, shall be
retained by the Lessee. Except as otherwise specifically provided, all other policies of insurance
required to be furnished shall be held by and be payable jointly to the Lessor and the Lessee with
the proceeds to be distributed in accordance with the terms of this Lease. Insurance company
certificates evidencing the existence of all of these policies of insurance shall be delivered to the
Any Gross Insurance Proceeds recovered on account of any damage or destruction by any
casualty shall be made available for the payment of the cost of the reconstruction, replacement or
repairs. All of the Gross Insurance Proceeds plus the amount of any deductible applicable to said
damage or destruction shall be deposited by the insurance company or by the Lessee (in the case
of the deductible) with an escrow agent reasonably acceptable to the City Manager, with
instructions to the escrow holder that the escrow holder shall disburse the funds to the Lessee,
with notice thereof to the Lessor, as the work of the reconstruction, replacement or repairs
progresses upon certificates of the architect or engineer supervising the work that the
disbursements then requested, plus all previous disbursements made from such Gross Insurance
Proceeds, plus the amount of any deductible, do not exceed the cost of the work already
completed and paid for, and that the balance in the escrow fund is sufficient to pay for the
reasonably estimated cost of completing the required work. The escrow holder shall be any bank
or other financial institution or escrow agent mutually agreeable to Lessor and Lessee. If the
amount of the Gross Insurance Proceeds is less than the cost of the required work, then Lessee
shall pay the excess cost; and if the amount of the Gross Insurance Proceeds is greater than the
cost of the required work, then the excess shall be paid to and belong to the Lessee.
Lessee shall indemnify, defend and hold Lessor harmless from and against any and all
claims actions, damages, liability and expense in connection with personal injury and/or damage
to or destruction of Premises arising from or out of any occurrence in, upon or at the Premises, or
arising from the occupancy or use by Lessee of the Premises or any part thereof, or occasioned
wholly or in part by any act or omission of Lessee, its agents, contractors, employees, servants,
customers, invitees, licensees, sub-lessees or concessionaires, excluding any claims arising from
the negligence or willful misconduct of the Lessor (or any other person acting on behalf of the
Lessor as its contractor, employees, agent or representative). Lessee shall further indemnify
Lessor for any penalties, fines, costs, expenses, suits, liabilities, claims, or damages resulting
from Lessees failure to perform its obligations in this Lease and/or for Lessees failure to
Notwithstanding the foregoing, if either party becomes a party to, or otherwise involved
in, any litigation concerning this Lease or the Premises, other than as described in Section 21.12,
by reason of any act or omission of the other party or its authorized representatives, and not by
any act or omission of the party that becomes a party to that litigation or any act or omission of
its authorized representatives, the party that causes the other party to become involved in
litigation shall be liable to that party for reasonable attorneys fees, court costs, investigation
expenses, discovery costs and costs of appeal incurred by it in all levels of the litigation. Further,
if Lessee becomes a party to, or otherwise involved in, any litigation concerning this Lease or the
Premises, other than as described in Section 21.12, by reason of any act or omission of Lessor or
its authorized representatives, and not by any act or omission of Lessee or any act or omission of
its authorized representatives, Lessor shall have the duty to defend Lessee and enforce this Lease
against all third parties and comply with all Applicable Laws, failing which Lessee shall have the
right to offset all sums die from Lessee to Lessor under this Lease to the extent of actual and
reasonable costs incurred by Lessee as a result of such failure by Lessor. When this Lease
imposes upon a party an obligation to indemnify the other, the indemnification obligation shall
include the obligation to pay the indemnitees actual and reasonable attorneys fees, costs and
disbursements through all levels of proceedings, whether the indemnitee be the plaintiff or
defendant.
Each of Lessor and Lessee waives all rights to recover against the Lessorother for any
damages arising from any cause covered by any insurance required to be carried by Lesseethe
other, or any insurance actually carried by Lessee. Theit. Each of Lessor and Lessee shall cause
its insurer(s) to issue appropriate waiver of subrogation rights endorsements to all policies of
insurance carried in connection with the Premises, or any part thereof, if commercially available.
The Lessee and its assignees, for and in consideration of the leasing and the demise of the
Premises to the Lessee, hereby release, remise and discharge the Lessor, its officers and
employees, of and from all claims, demands, and actions, whether in law or in equity, which may
be filed or asserted by the Lessee or its assignees for or on account of improvements made and
furniture, fixtures and equipment installed in the Premises by Lessee or its sublessees, licensees,
concessionaires, or invitees, etc. and from any and all costs and expenses of Lessee or its
ARTICLE IX
The Lessee shall pay, or cause to be paid, all proper charges for gas, electricity, light,
heat, water and power, for telephone, protective and other communication services, and for all
other public or private utility services, which shall be used, rendered or supplied upon or in
connection with the Premises and any Leasehold Improvements, if any, or any part of it, at any
time during the Lease Term, and the Lessee shall comply with all contracts relating to any such
services and will do all other things required for the maintenance and continuance of all services
as are necessary for the proper maintenance and operation of the Premises and the Leasehold
Improvements. The Lessee shall, at its sole expense, procure any and all necessary permits,
licenses or other authorization required for the lawful and proper installation and maintenance
upon the Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in
supplying any such utilities, services or substitutes to the Premises, however Lessor shall be
responsible for the costs to bring such utility lines to the boundary of the Premises if not already
present.
The Lessor shall not be liable for any failure of water supply, sewer, gas or electric
current, or for any injury or damage to any person or to the Premises caused by or resulting from
water, gas or electricity which may leak or flow from the water or gas mains on to any part of the
Premises or the Leasehold Improvements unless directly caused by any action or inaction of
Lessor. The Lessor shall not be required to make any alteration to any service or utility system
of the Premises on behalf of Lessee. Lessor shall not be liable for temporary failure of services,
and any such temporary failure shall not be deemed to constitute actual or constructive eviction,
nor entitle Lessee to any abatement or diminution in rent payable under this Lease.
Lessor shall not make or allow to be made after the Lease Date any changes in any utility
service or availability of capacity to, through, under or above the Premises that would result in a
materially disruptive effect on the use or operation of the Premises by the Lessee and its
ARTICLE X
Lessee shall not, at any time during the Lease Term, enter into (i) any sublease, license,
concession, easement, or permit agreement with respect to the entire Premises or (ii) sublease,
assign or transfer this Lease to any third party or parties, which has the effect of granting
exclusive possession to the entire Premises and assigning the rent and other obligations set forth
in this Lease to any third party or parties (collectively Transfer), without first procuring the
prior written consent of Lessors City Manager (except as otherwise permitted under this Article
X). The provisions of this Article constitute the sole means by which Lessee may request
Lessors consent to a Transfer. The consent of Lessor shall not be unreasonably withheld,
conditioned or delayed.
In recognition of the fact that this Lease was awarded to Lessee following a competitive
procurement relying on Lessees unique attributes, any Transfer of this Lease to any third party
or parties (except as otherwise permitted under this Article X) shall require the prior written
approval of the City Manager, which may grant, deny, refuse or consent to such Transfer based
on reasonable commercial factors including the credit worthiness, solvency, good reputation,
ability and experience of such proposed transferee in owning commercial properties provided
such assignee engages an Acceptable Operator. If approved, any such transferee shall be
required to sign a written agreement assuming all terms and conditions of the Lease, without
exception in a form satisfactory to the Lessor. Any such attempted Transfer of the Lease,
without the Lessors prior written consent, shall be void and of no force or effect and shall not
confer any interest or estate in the purported Transfer and will additionally be a default by Lessee
of this Lease.
It is agreed that all terms and conditions of this Lease shall extend to and be binding on
all transferees, assignees or Sub-lessees as may be approved by Lessor and shall be for a period
of time equal to or less than the Lease Term. Lessor reserves the right to directly terminate the
rights and interests of any transferee or Sub-lessee under any Transfer for any cause for which
Lessees Leasehold Interest may be terminated. Lessee shall reimburse to Lessor, as Additional
Rent, all out of pocket costs and expenses, including reasonable third party attorneys fees,
which Lessor reasonably incurs by reason of or in connection with a Transfer, and all
negotiations and actions with respect thereto, such Additional Rent to be due and payable within
thirty (30) days of receipt of a statement of such costs and expenses from Lessor.
Subject to the provisions of Section 10.1, should Lessee desire to Transfer the Lease,
Lessee shall, in each instance, give written notice of its intention to do so to Lessors City
Manager at least thirty (30) days prior to the effective date of any such proposed Transfer,
specifying in such notice the nature of such proposed Transfer and the proposed date thereof and
specifically identifying the proposed Sub-lessee, Assignee or transferee (including all
information necessary for the Lessor to make an evaluation of the proposed Acceptable Operator
according to the requirements of this Lease and the RFP). Such notice shall be accompanied
by a copy of the proposed Transfer agreement and any other documents or financial
information Lessor may reasonably require in order to determine the suitability of the Sub-lessee,
Assignee or transferee. If requested by Lessor, Lessee shall provide to Lessor copies of all
Transfer documents and amendments thereto. Lessor shall either (i) withhold consent to the
Transfer, together with a detailed explanation for such denial, or (ii) consent to such Transfer
upon the terms and subject to the conditions provided for in this Article, by mailing written
notice to Lessee of its intent to do so. within thirty (30) days after its receipt of the above
information. If the Lessor does not consent to a Transfer, the City Manager shall state the
reasons for such disapproval in the denial notice sent to Lessee. If Lessor fails to timely respond,
the request shall be deemed approved. Lessee acknowledges and agrees that the imposition of
the conditions provided herein requiring Lessors consent is reasonable. In the event that City
Commission approval is expressly required by this Lease, the City Manager shall use due
diligence to present the request for Transfer to the City Commission as soon as practicable and
the time for performance by Lessor shall be reasonably extended to provide sufficient time for
presentation to the City Commission. not to exceed _______ days from Lessees delivery of
written notice making such request, failing which the request shall be deemed approved. If the
Lessor is not required to consent to a Transfer pursuant to Section 10.5 or as may otherwise be
stated within the Lease, the Lessee shall notify the Lessor in writing of same within thirty (30)
days after the date of Transfer. Lessors failure to timely deliver such confirmation shall be
deemed approval of such transfer.
If Lessor gives its consent to any Transfer, Lessor shall be entitled to any proceeds from
any such Transfer, with the Lessors participation equal tocapped at a maximum of four percent
(4%) of gross proceeds from the sale if the Lease is assigned or otherwise transferred or sold
within Lease Years one (1) through five (5); and five percent (5%) if transferred after Lease Year
five (5) (Transfer Fee). The Transfer Fee shall in all events exclude the unamortized cost of
Lessee's Leasehold Improvements as of the date of such Transfer. Lessee shall, in
consideration of any Transfer, include in Lessees Gross Revenues the amount of Sub-Lessees,
Assignees or transferees Gross Revenues which shall be listed separately on Lessees Annual
Report. Assignees or transferees records shall be kept in accordance with Article IV.
Additionally, Lessor reserves the right to examine transferees books and audit transferees entire
records in accordance with Article IV of this Lease. The above-mentioned Transfer Fee will
The Transfer fee shall be perpetual and shall apply to any successive Transfer procured
by the terms of this Lease for as long as this Lease is active, including modifications and
extensions, if any. The acceptance by Lessor of the payment of rent following any Transfer
prohibited by this Article shall not be deemed to be consent by Lessor to any such Assignment or
Transfer, nor shall the same be deemed a waiver of any right or remedy of Lessor hereunder.
10.4 Definitions
Transfer means:
3. any merger, consolidation or sale or lease of all or substantially all of the assets of
the Lessee or of any Owner, other than an owner whose shares are publicly traded.
Owner means:
any person, firm, corporation or other entity which owns, directly or indirectly, legally or
beneficially, more than fifteen percent (15%) of the aggregate ownership interests of the Lessee,
but shall not include any holder of an interest in Owner whose ownership interests are publicly
traded.
1. an Owner who has filed an effective registration statement with the Securities &
Exchange Commission (or its successor) with respect to the shares of any class of its voting
stock or of all classes of any other form of ownership interest which includes voting rights; and
2. whose voting stock and other form of ownership interest described in clause (i) is
listed for trading purposes on a securities exchange subject to the regulatory jurisdiction of the
Securities & Exchange Commission (or its successor) or is publicly traded over the counter.
The Lessee recognizes that the operational experience of the Lessee as set forth in the
proposal was given special consideration by the Lessor in the public selection process
undertaken by the Lessor for the award of this Lease. Therefore, Lessee agrees that except as
permitted pursuant to this Article X of this Lease, no Transfer may be made, suffered or created
by the Lessee, or any Owner without the prior written consent of the City Manager, which
consent shall not be unreasonably withheld or delayed. The following Transfers shall be
permitted hereunder without the written approval of the City Manager:
(a) Any Transfer directly resulting from the foreclosure of Lessees Leasehold Estate,
provided that such purchaser or grantee is an institutional investor (including a bank or other
similar financial institution) or an agent, designee or nominee of an institutional investor which
is wholly owned or controlled by an institutional investor, and that such purchaser or grantee
within six (6) months after taking possession of the Premises, shall have entered into an
agreement for the management and operation of the Premises with an Acceptable Operator or is
itself an Acceptable Operator;
(b) the issuance of stock, stock options or similar rights to Lessees directors,
officers, owners or employees, provided the stock, stock options or similar rights issued
constitute, in the aggregate, fifteen percent (15%) or less of the issued and outstanding ownership
interests of Lessee;
The Parties hereby acknowledge and agree that anything herein to the contrary
notwithstanding, the going public by Lessee, including, but not limited to, the filing of a
registration statement with the Securities and Exchange Commission and/or the creation of one
or more classes of ownership interests and the offering of ownership interests to the public for
purchase, shall not constitute a Transfer hereunder and shall not require the consent of the
Lessor.
(c) Any Transfer for estate planning purposes of a direct or indirect owner of Lessee;
(e) Any Transfer in order for Suntex to maintain its REIT status or to otherwise
comply with the applicable tax regulations governing the same (e.g. subleasing certain portions
of the Leased Premises generating operating income to an affiliate of Lessee provided that the
Lessor receives the same rent as if the Lease to the Affiliate of Lessee did not exist).
(f) Any Transfer by any Affiliate of Suntex to any Affiliate of Christoph and vice
versa.
Any consent to a Transfer shall not waive or abridge any of the Lessors rights to consent
to a subsequent Transfer. Any Transfer made in violation of the terms hereof shall be null and
void and of no force and effect. Any transferee must be an institutional investor (as provided
above) or an Acceptable Operator in each such instance.
If applicable, Lessee shall from time to time throughout the Lease Term, as the Lessor
shall reasonably request, furnish the Lessor with a complete statement, subscribed and sworn to
by an appropriate and authorized officer of the Lessee, setting forth (to the extent known) the full
names and addresses of material holders of ownership interests in Lessee, and the extent of their
holdings, and in the event any other parties have a material beneficial ownership interest, their
full names and addresses and the extent of such interest as determined or indicated by the
records of Lessee. Notwithstanding the foregoing, the information required by this Section shall
not be required to be furnished with respect to the holders of an ownership interest of any Owner
whose interests are publicly traded. As used in this section, the term material shall mean
ownership of not less than a ten (10%) percent interest in Lessee.
(1) all Rents, taxes, assessments, impositions, insurance, permitting and other charges
required to be paid by the Lessee under this Lease shall be paid by the Lessee up to the date of
transfer, and all other covenants and agreements to be kept and performed by the Lessee shall be
substantially complied with at the date of the Transfer; and
(2) the entity to which such Transfer is made, by instrument in writing reasonably
satisfactory to the City Manager (subject to approval as to legal form by the City Attorney) and
in a form recordable among the land records, shall, for itself and its successors and assigns, and
especially for the benefit of the Lessor, expressly assume all of the obligations of Lessee under
this Lease, agree to be subject to all conditions and restrictions to which Lessee is subject,
including the additional guarantees required under Section 16.5 of this Lease ; provided,
however, that any transferee shall not be required to assume any personal liability under this
Lease with respect to any matter arising prior or subsequent to the period of such transferees
actual ownership, partial or whole, of the Leasehold Estate created by this Lease (it being
understood, nevertheless, that the absence of any such liability for such matters shall not impair,
impede or prejudice any other right or remedy available to the Lessor for default by Lessee).
Nothing herein shall be construed to relive or release the Lessee from liability for the
performance of all of the obligations of Lessee under this Lease.
The Lessor may, at its sole discretion, condition its consent to a permitted Assignment,
Sublease or Transfer upon satisfaction of all or any of the following conditions:
(1) The proposed entity to which the Leasehold is being assigned, transferred, or
subleased (Transferee), shall be an Acceptable Operator;
(2) Transferee shall satisfy the qualification requirements imposed upon Lessee and
set out in the original RFP to the extent permitted by law;
(4) The net assets of the Transferee immediately prior to the Transfer shall not be less
than the lesser of: (a) the net assets of the Transferor whose interest is being transferred
immediately prior to the Transfer; (b) the net assets of said Transferor on the Lease Date adjusted
for inflation; or (c) an amount reasonably necessary to discharge Lessees remaining obligations
hereunder.; or (d) $_____________;
(5) Such Transfer shall not adversely affect the quality and type of business operation
which the Lessee has conducted theretofore;
(6) Such Transferee, shall possess qualifications for the Lessees business
substantially equivalent to Lessee or an Acceptable Operator, or shall engage an Acceptable
Operator and shall have demonstrated recognized experience in successfully operating such a
business, including, without limitation, experience in successfully operating a similar quality
business;
(7) Such Transferee shall agree to continue to operate a business similar to the use
conducted at the Premises pursuant to this Lease;
(8) Such Transferee shall assume in writing, in a form acceptable to Lessor, all of
Lessees obligations hereunder, and Lessee shall provide Lessor with a copy of all documents
pertaining to such Transfer;
(9) Transferee shall submit to a credit check and other background checks as Lessor
sees fit. Failure or refusal to submit to said credit and background checks shall be an automatic
disqualification of the potential transferee;
(10) Transferee shall be required to pay a minimum of Fair Market Value for the
assignment, sublease or transfer;
(11) Lessee shall pay to the Lessor any due, but unpaid Rent.
If a Transferee does not meet all of the criteria set forth in this Article, Lessor, at its sole
option, may require Lessee or Owner transferring such interest to remain liable under this Lease
for the performance of all terms, including, but not limited to, payment of Rent due under this
Lease. If a Transferee does meet the criteria set forth in this Article, Lessee shall be released
from any and all remaining liability and/or obligations set forth in this Lease from the effective
date of such Assignment or Transfer, but shall remain liable and responsible as provided by this
Agreement and applicable laws for performance of duties including, without limitation, payment
of rent prior to the effective date of such transfer.
The acceptance by Lessor of the payment of Rent following any Transfer prohibited by
this Article shall not be deemed to be a consent by Lessor to any such Transfer, nor shall the
same be deemed to be a waiver of any right or remedy of Lessor hereunder.
At the Lessees request, Lessor shall provide the Lessee copies of any and all agreements
or contracts pertaining to the total or partial sale, assignment, conveyance, mortgage, trust or
power, or other transfer in any mode or form of or with respect to the Lessors reversionary or
fee interest in the Premises, or any part thereof, or any interest therein, or any contract or
agreement to do any of the same, to any purchaser, assignee, mortgagee, or trustee. Lessor
hereby agrees to incorporate the terms and conditions set forth in this Lease or in any agreement
or contract with such purchaser, assignee, mortgagee, or trustee.
10.12.1 Right to Mortgage. All rights of Lessee pursuant to this Lease are
mortgageable, pledgeable, assignable or transferable, in accordance with the terms of this Lease.
Any successor to, or assignee of, the rights of Lessee hereunder (whether as the result of
voluntary assignment, foreclosure, assignment in lieu of foreclosure or otherwise) shall hold or
be entitled to exercise the rights of Lessee hereunder as fully as if named as such party herein.
No party exercising rights as Lessee hereunder shall have or incur any liability for the acts of any
other party which previously exercised or subsequently shall exercise such rights. In no way
shall Lessee have any authority to mortgage the ownership interest belonging to Lessor. Lessor
shall reasonably cooperate with any Lender of Lessee.
10.12.3 Notice. In the event Lessor gives a notice of default under this
Lease to Lessee, Lessor shall also send a copy of such notice to any holder of a Leasehold
Mortgage, provided such holder or its mortgagor shall have sent Lessor a notice informing it of
the existence of such Leasehold Mortgage and the name of the person or officer and the address
to which copies of the notices of defaults are to be sent (each a Mortgagee). Such Mortgagee
shall have an additional thirty (30) days to cure any default that is capable of being cured with
the payment of money, and an additional thirty (30) days for all other defaults (and such
additional time, as to non-monetary defaults, as the Mortgagee in good faith and with reasonable
diligence either attempts to cure such default or commences and thereafter prosecutes with
reasonable diligence, if not enjoined or stayed, appropriate proceedings for foreclosure or other
enforcement of the liens securing its financing). Initiation of foreclosure proceedings against
Lessee shall constitute diligence by a Mortgagee hereunder so long as such foreclosure
proceedings are continuously pursued and all rent and additional rent is being paid to Lessor by
Lessee or Mortgagee during the pendency of any foreclosure proceeding. The foregoing
(2) Lessor shall accept performance of any and all of Lessees obligations hereunder,
including the obligations to pay rent, from any such Mortgagee and the performance of such
obligation by such Mortgagee shall be deemed to have been a cure effected by Lessee. Lessor
hereby consents to the entry onto the Premises by any such Mortgagee for the purpose of
effecting the cure of any default by Lessee. In the event of a default by Lessee hereunder, any
Mortgagee may affect the cure of such default by foreclosing its Mortgage, obtaining possession
of the Premises and performing all of Lessees obligations hereunder.
(3) If it shall be necessary for any such Mortgagee to obtain possession of the
Premises to effect any such cure of a default by Lessee under this Lease, then Lessor shall not
commence any proceeding or action to terminate the Lease Term if (a) such Mortgagee shall
have informed Lessor within the grace period applicable to such Mortgagee that such Mortgagee
has taken steps to foreclose its Leasehold Mortgage, to obtain possession of the Premises, (b) the
rent and all monetary obligations of Lessee shall be paid and all other provisions and
requirements of this Lease which are capable of being observed and performed without obtaining
possession of the Premises are so observed and performed while any such foreclosure, other
action or other remedy is being prosecuted by any such Mortgagee and for so long thereafter as
such Mortgagee shall have obtained possession of the Premises, and (c) such Mortgagee shall be
diligently prosecuting such foreclosure or cancellation and attempting to effect a cure of the
default. Nothing herein contained shall be deemed to require the Mortgagee to continue with any
foreclosure or other proceedings, or, in the event such Mortgagee shall otherwise acquire
possession of the Premises, to continue such possession, if the default in respect to which Lessor
shall have given the notice shall be remedied.
(4) Lessor agrees that in the event of the termination of this Lease by reason of any
default by Lessee or rejection of this Lease in a bankruptcy proceeding effecting Lessee, and if
Lessor has prior to such termination been given written notice of the name and address of such
Mortgagee, Lessor will enter into a new agreement for the Premises with any Mortgagee or a
wholly owned subsidiary of Mortgagee for the remainder of the Lease Term, effective as of the
i. Such Mortgagee shall make written request upon Lessor for such new
agreement prior to or within ten (10) days after the date of such termination and such
written request is accompanied by payment to Lessor of all sums then due to Lessor hereunder;
ii. Such Mortgagee or its nominee shall pay to Lessor at the time of the
execution and delivery of said new lease any and all sums which would at that time be due
hereunder but for such termination; and
iii. That in the event there exists more than one Mortgagee, the first
Mortgagee shall have the first option to become Lessee under the provisions of this section, with
priority over the second Mortgagee.
(5) No Mortgagee shall become liable under the agreements, terms, covenants or
conditions of this Lease unless and until it becomes the owner of the estate held by Lessee.
All of the provisions contained in this Lease with respect to Leasehold Mortgage and the
rights of Mortgagees shall survive the termination of this Lease for such period of time as shall
be necessary to effectuate the rights granted to all Mortgagees by the provisions of this Lease.
Nothing herein contained shall require any Mortgagee or its nominee to cure any default
by Lessee hereunder, unless Mortgagee accepts assignment and assumption; however this shall
not preclude the City from seeking a judicial remedy for any such losses or breaches of the Lease
in a manner consistent with the terms of this Lease.
ARTICLE XI
Lessee shall, at Lessees sole cost and expense, comply with all applicable Federal, State,
and local laws, and all applicable permitting and regulatory requirements, rules, regulations,
codes, ordinances, and written policies now in force, or which may hereafter be in force,
pertaining to Lessee or its use of the Premises in all material respects, and shall faithfully
observe in the use of the Premises or in the performance of any alterations (including, without
limitation, the construction of any Leasehold Improvements) all applicable laws now in force or
which may hereafter be in force.
Lessee shall require, or otherwise incorporate the requirement into any and all Subleases,
that all contractors and employers of employees hired to staff Hospitality Operations (defined
herein as any services provided at hotels, motels, bars, clubs, cafeterias, lodging, and food and
beverage at convention or conference facilities) on the Premises, be a signatory to a Labor
Peace Agreement covering the employees who will staff such hospitality operations.
A contracting party may be relieved of this obligation if: (a) the labor organization places
conditions upon its No-Strike Pledge that the City Commission finds, after notice and public
hearing, to be arbitrary or capricious; or (b) the City Manager makes a written finding containing
the reasons for supporting the conclusion that a labor peace agreement should not be required as
it would not be practicable or is not advantageous to the City, which finding must be approved
by the City Commission, after notice and public hearing. Lessee shall comply with this provision
to the extent not prohibited by law or any other provision within this or any other governing
agreement.
Lessee shall comply and endeavor to make its sublessees comply with all minimum wage
requirements applicable to the operations on the Premises. Lessee shall comply with this
provision to the extent not prohibited by Applicable Law or any other provision of this Lease or
any other governing agreement.
ARTICLE XII
ENVIRONMENTAL LIABILITY
For purposes of this Article XII the following terms shall have the meaning attributed to
them herein:
3. Costs shall mean all costs incurred in connection with correcting any violations
of any Environmental Laws and/or in connection with the clean-up of contamination on the
Premises.
The Lessee shall not cause or permit any Hazardous Materials to be brought upon,
treated, stored, disposed of, discharged, released, produced, manufactured, generated, refined, or
used upon, about or beneath the Premises or any portion thereof by the Lessee, its agents,
employees, contractors, sub-lessees, licensees, or invitees except as may be customarily used and
required to conduct Lessees business or as may be used in compliance with Environmental
Laws. Lessee shall not permit any activities on the Premises that would violate Environmental
Laws. If Lessee should breach this covenant, Lessee shall take all actions necessary to comply
with all Environmental Laws and shall, at Lessees sole cost and expense, perform any and all
Clean Up, however Lessee shall not be responsible for any Hazardous Materials existing on, in
or under the Premises as of the Lease Date. All of the prior existing conditions with respect to
Hazardous Materials on the Premises shall be the responsibility of the Lessor and Lessor shall
use commercially reasonable efforts to comply with all Environmental Laws regarding the same.
Lessees obligation under this section shall survive the expiration or earlier termination of this
Lease for a period of two (2) years.
The respective rights and obligations of Lessor and Lessee under this Article XII shall
survive the expiration or termination of this Lease for a period of one (1) year.
ARTICLE XIII
13.1 Definitions
For the purposes of this Article XIII, the following words shall have the meanings
attributed to them in this Section 13.1:
(a) Completely Destroyed means the destruction of the safe, leasable use or
occupancy of a substantial portion of the Premises under this Lease which damage cannot
reasonably be repaired, restored or replaced within one hundred eighty (180) calendar
dayseighteen (18) months from the date on which the damage occurred.
In the event of damage by fire or otherwise of the Premises including any machinery,
fixtures or equipment which are a part of the Premises, the Parties agree as follows:
In the event of Partial Destruction of the Premises, within sixty (60) calendar days after
the later of (i) the damage (subject to reasonable delay and/or Force Majeure) or (ii) receipt by
Lessee of the necessary building permits to rebuild the Leasehold Improvements or (iii) receipt
of the Gross Insurance Proceeds, the Lessee shall use the Gross Insurance Proceeds available,
together with Lessees own funds (if the Gross Insurance Proceeds are insufficient) to commence
and diligently pursue to completion within one hundred eighty (180) calendar daysyear from the
date after commencement of the construction of the Leasehold Improvements (subject to
reasonable extension due to Force Majeure or delays by Lessor in the repair, restoration, or
replacement of the damaged or destroyed portion of the Premises as required in order for the
Lessee to commence the restoration of the Leasehold Improvements or the type and scope of
required repair), the repair, restoration or replacement of the damaged or destroyed portion
of the Leasehold Improvements (Restoration Work), and this Lease shall remain in full force
and effect, with no abatement in Rent. Lessee shall have the right to terminate this Lease
without penalty as of the date of the casualty if the casualty occurs during the last five (5) years
of the Term.
In the event the Premises are Completely Destroyed at any time during Lease Term,
Lessee, in its sole discretion, shall have the option to select whether to terminate this Lease
within sixty (60one hundred eighty (180) days of the damage. In the event the Lessee shall
determine not to terminate this Lease, then at the Lessees sole cost and expense, (together with
Gross Insurance Proceeds available for that purpose), Lessee shall commence and diligently
pursue to completion the Restoration Work, in accordance with the provisions of Section 13.3
below, and Lessee shall complete the Restoration Work within twhrelve (123) monthsyears from
later of (i) the date the damage occurred (subject to reasonable extension due to Force Majeure or
delays by Lessor in the repair, restoration, or replacement of the damaged or destroyed portion of
the Premises as required in order for the Lessee to commence the restoration of the Leasehold
Improvements), or (ii) receipt of the necessary building permits to reconstruct the Leasehold
Improvements and (iii) receipt of Gross Insurance Proceeds, and this Lease shall remain in full
force and effect, with no abatement in Rent. Alternatively, the Lessee may elect not to undertake
the Restoration Work by providing written notice to Lessor and in which event this Lease shall
terminate, and the Lessee shall, at the Lessees sole cost and expense, (but using along with the
Lessees own funds, Gross Insurance Proceeds available for that purpose) deliver possession of
the Premises to Lessor free and clear of all debris and Lessor and Lessee shall each be released
thereby from any further obligations hereunder accruing after the effective date of such
termination, except that such release shall not apply to any Rent or other sums accrued or due,
Lessees obligations regarding surrender of the Premises including the removal of debris, and
environmental liability as provided for in Article XII.
In the event Lessee undertakes any Restoration Work in accordance with the provisions
of this Article, such Restoration Work by Lessee shall be substantially the same as possible to
the condition that existed immediately prior to the damage, and shall be performed in accordance
with the provisions of Article V applicable to the construction of any Leasehold Improvements.
Lessor hereby acknowledges and agrees that Lessees obligations hereunder and the time periods
set forth above are subject to Force Majeure, and reasonable extensions based on the severity of
the damage.
Except for the Lessees right to terminate this Lease in accordance with the provisions of
Article XIII set forth herein, Lessee waives the provisions of any statute, code or judicial
decision which grants Lessee the right to terminate this Lease in the event of damage or
destruction of the Premises.
If Lessee elects to exercise the option given under Subsection 13.2, to terminate this
Lease, then any and all Gross Insurance Proceeds paid for damage or destruction of the Premises
shall be applied as follows:
Second, toward the balance of the proceeds, if any, after payment of any Rent due, shall
be paid to the Parties as the respective Rent shall be prorated based on the useful life of the
Premises prior to the casualty event as compared to the remaining term of the Lease and any
option periods without consideration of the termination of the Lease as provided in this
Section.Third, to the respective parties assuming a termination of the Lease as of the date of the
casualty, taking into account the Lessors interest in the Leasehold Improvements at the end of
the Lease Term.
Except as otherwise provided for in this Article XIII, all Gross Insurance Proceeds shall
be applied by the Parties to the payment of the cost of the Restoration Work to restore the
Premises, together with any soft costs related thereto and the Gross Insurance Proceeds shall be
paid out, the Restoration Work shall be performed, and the Lessee shall make additional deposits
with an escrow agent, if any are required, as may be applicable.
The Lessor shall in no event be responsible for the non-collection of any insurance
proceeds under this Lease but only for insurance money that shall come into its hands.
In the event any Gross Insurance Proceeds or sums deposited with an escrow agent or
Lessor in connection with the Restoration Work shall remain in the hands of an escrow agent or
the Lessor, if the Parties have agreed to allow the Lessor to hold the insurance proceeds until
completion of the Restoration Work, and if the Lessee shall not then be in default under this
Lease in respect of any matter or thing of which notice of default has been served on the Lessee,
then the remaining funds shall be applied first towards any unpaidpayable but delinquent Rent,
and the remaining balance paid to the Lessee.
ARTICLE XIV
EMINENT DOMAIN
In the event that all of the Premises (or such portion thereof as shall, in the good faith
opinion of Lessee, render it economically unfeasible for its intended purpose) shall be taken for
any public purpose by the right of condemnation, the exercise of the power of eminent domain or
shall be conveyed by the Lessor and Lessee acting jointly to avoid proceedings of such taking,
the Rent pursuant to this Lease shall be prorated and paid by the Lessee to the Date of Taking or
conveyance in lieu thereof, and this Lease shall terminate and become null and void as of the
Date of Taking or such conveyance. Any damages resulting to Lessor and Lessee, respectively,
and to their respective interests in and to the Premises, the Leasehold Improvements,
and in connection with this Lease (which amount of damages shall be calculated based on the
remaining term of the Lease and any option periods without consideration of the termination of
the Lease as provided in this Section), shall be separately determined and computed by the court
having jurisdiction and separate awards and judgments with respect to damages to Lessor and
Lessee, respectively, and to each of their respective interests, shall be made and entered.
In the event less than all of the Premises shall be taken for any public use or purpose by
the right or the exercise of the power of eminent domain, or shall be conveyed by the Lessor and
Lessee acting jointly to avoid proceedings of such taking, and Lessee shall be of the good faith
opinion that it is economically feasible to effect restoration thereof, then this Lease and all the
covenants, conditions and provisions hereunder shall be and remain in full force and effect as to
the Premises not so taken or conveyed, subject to the Rent adjustment set forth in Section 14.3.
Lessee shall to the extent the proceeds of the Gross Condemnation Award are made available to
it, pursuant to the terms hereof, remodel, repair and restore the remaining portion of the Premises
so that it shall be comparable to the Premises prior to the condemnation; provided, however, that
in so doing, Lessee shall not be required to expend more than the amount of any Gross
Condemnation Award actually received by Lessee. Lessee shall be permitted to terminate this
Lease without penalty if the partial condemnation occurs during the last five (5) years of the
Term.
(a) There shall be paid to the Lessor the unimproved value of the portion of the land
so taken and Lessors reversionary interest in the improvements so taken, which land and
reversionary improvements. Lessor shall further be paid an amount by which the Rent has been
reduced by the taking;
(b) There shall be paid to the Lessee any amount by which Lessees profits and value
of Lessees interest in the Lease and the Premises have been reduced by the taking after any
payment required by the Lease;
(c) There shall be paid to the Lessee the amount required to complete the remodeling
and repairs to the Premises;
(d) The Lessor and Lessee shall be paid portions of the balance of the Gross
Condemnation Award or awards, if any, which are allocable to and represented by the value of
their respective interest in the Premises as found by the court in its condemnation award.
In the event a part of the Premises shall be taken for any public use or purpose by the
exercise of the power of eminent domain, or shall be conveyed by Lessor and Lessee acting
jointly to avoid proceedings of such taking, then Rent pursuant to this Lease shall be paid by
Lessee to the Date of Taking or conveyance in lieu thereof, and after such date the Base Rent and
Percentage Rent for the remainder of the Lease Term shall be reduced on an equitable basis and
Percentage Rent shall continue at the same ratebased upon reduction in revenue generated from
the Premises.
In the event that all or any portion of the Premises shall be taken by the right of
condemnation or the exercise of the power of eminent domain for governmental use or
occupancy for a temporary period, this Lease shall not terminate and Lessee shall continue to
perform and observe all of its obligations (including the obligation to pay Rent as provided
throughout this Lease) as though the temporary taking had not occurred except only to the extent
that it may be prevented from so doing by the terms of the order of the authority which make the
temporary taking or by the conditions resulting from the taking, including the loss of its
possession of all or any part of the Premises. If the period of governmental occupancy extends
beyond the termination of the Lease Term, the Lessor shall only be entitled to receive that
portion of the Gross Condemnation Award allocable to the period beyond the termination of the
ARTICLE XV
From and after the Lease Date, Lessee shall pay all ad valorem and similar taxes,
surcharged, levies, charges, assessments, and impositions levied against the Premises before any
fine, penalty, interest or costs are added for non-payment. All such ad valorem and similar
taxes, governmental levies, charges, impositions and assessments shall be payable by Lessee
directly to the taxing authority prior to delinquency (without penalty) of such taxes, provided that
Lessor has advised Lessee of its share of such taxes and assessments in a written notice,
including a copy of the tax bill prior to delinquency. Notwithstanding the foregoing, Lessee
shall not be responsible for the payment of any special assessments unless Lessee separately
agrees to pay for the same.
Lessee agrees that the Premises or any interest thereon is subject to ad valorem taxation.
Lessee, at its option, may enroll in the Miami-Dade County Ad Valorem Tax Payment Plan.
If by law, any ad valorem taxes or other Impositions are payable or may, at the option of
the taxpayer, be paid in installments (whether or not interest shall accrue on the unpaid balance
of the Imposition), the Lessee may pay the same (and any accrued interest on the unpaid balance
of the Imposition), in installments before any fine, penalty, interest or cost is added for the
nonpayment of any installment and interest. Any Imposition relating to a fiscal period of the
taxing authority, a part of which period is included before the Lease Date and part of which is
included after the Lease Date shall be adjusted as between the Lessor and the Lessee as of the
commencement of the Lease Term, so that the Lessee shall pay that portion of the Imposition
attributable to that part of the fiscal period included in the Lease Term, and the Lessor shall pay
the remainder, if applicable. Any Imposition relating to a fiscal period of the taxing authority, a
part of which period is included within the Lease Term and a part of which is included in a
period of time after Lease Term shall be adjusted as between the Lessor and the Lessee as of the
termination of the Lease Term, so that the Lessee shall pay that proportion of the Imposition
attributable to that part of the fiscal period included in the Lease Term, and the Lessor shall pay
the remainder, if applicable.
The Lessee shall be responsible for the following payments or for payments in lieu of
taxes (PILOT) during the use period in the event the Property is deemed exempt from ad
valorem real estate taxes; in which case, Lessee will pay the City an annual PILOT in an amount
equal to the last years taxes due prior to the exempt status. The PILOT will increase on each
anniversary of the Lease Date at a rate equal to three percent (3%). If Lessee is required to pay
ad valorem taxes on the Property, it shall not be required to pay the PILOT. Lessee shall receive
a dollar for dollar credit for all sums paid by Lessee under the PILOT against any amounts
payable with respect to ad valorem taxes such that Lessee shall never pay more than the annual
amount of the ad valorem taxes otherwise payable.
The Lessee shall furnish to Lessor, within thirty (30) days after the date whenever any
Imposition is payable by or on behalf of the Lessee, official receipts of the appropriate taxing
authority, photocopies or other proof satisfactory to the Lessor, evidencing the payment.
ARTICLE XVI
DEFAULT
The occurrence of any one or more of the following events is deemed a Lessee Default:
a. If the Lessee defaults in the due and punctual payment of any installment of Rent,
as and when due and payable in accordance with this Lease, and such default continues for more
than ten (10) days after the sum is due and for the first late payment in each 12 month period of
time Lessor has provided written notice of such failure and Lessee has failed to timely pay the
same after receipt of such written notice;
b. Except with respect to an event of Force Majeure, in the event Lessee shall cease
to operate its business, unless in connection with alterations or, renovations, casualty or Force
Majeure event, for a period of fifteen (15) consecutive days;
c. In the event a petition in bankruptcy under any present or future bankruptcy laws
(including but not limited to reorganization proceedings or voluntary insolvency filing) be filed
by or against Lessee and such petition is not dismissed or contested in good faith within sixty
(60) days from the filing thereof, or in the event Lessee is adjudged a bankrupt;
d. In the event an assignment for the benefit of creditors is made by Lessee for this
Lease and/or substantially all the assets of Lessee;
g. In the event Lessee, before the expiration of the Lease Term, and without the
written consent of Lessor, abandons the possession of the Premises, or uses the same for
purposes other than the purposes for which the same are hereby leased or as otherwise permitted
by Lessor, and such default continues for more than thirty (30) days after written notice of the
default from the Lessor to the Lessee, In the event an execution or other legal process is levied
upon a significant portion of the goods, furniture, effects or other personal property of Lessee
brought on the Premises, or upon the interest of Lessee in this Lease, and the same is not
satisfied, dismissed or contested in good faith within sixty (60) days from such levy; or
h. In the event Lessee defaults in the due performance or observance of any Lease
term, covenant, condition or provision, other than the payment of Rent and other than provisions
for which default is specifically defined, including without limitation failure to maintain
insurance coverage in effect, failure to obtain permits or approvals required by law, or failure
to timely pay taxes, fees, surcharges, or other impositions when required by law, and such
default continues for more than thirty (30) days after written notice of the default from the Lessor
to the Lessee, or such longer period as is reasonably necessary to diligently cure such default; or
j. Inability of Lessee to produce financial records under the circumstances set forth
in Article IV of this Lease.
If any Lessee Default occurs, Lessor shall have the right after the expiration of the
applicable cure period and after compliance with all applicable laws, and at the sole
discretion of Lessor, to terminate this Lease and retain the Security Deposit upon providing
five (5) days written notice and opportunity to cure. An Event of Default shall be deemed to
have occurred at the expiration of such five (5) day period if the default has not been cured by
the expiration of such five (5) day period. Such notice shall be in addition to any notice required
in Section 16.1 or elsewhere in this Lease. Lessor may terminate the Lease irrespective of any
suit or action brought by Lessee and the time period required for termination of this Lease shall
not be tolled by the filing of a suit or action to the extent permitted by applicable law.
Additionally, if any Event of Default occurs, Lessor may, at its option, from time to time,
without terminating this Lease, re-enter and re-let the Premises, or any part thereof, as the agent
and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or
satisfactory, in which event the rents received on such re-letting shall be applied first to the
expenses of such re-letting and collection including but not limited to, reasonably necessary
If any Event of Default occurs, Lessor shall have the right to obtain injunctive and
declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions
of Lessee, and to further obtain specific performance of any term, covenant or condition of this
Lease, including but not limited to the appointment of a receiver to operate Lessees business at
the Premises.
If any Event of Default occurs, Lessor shall have the right, at its option, to declare all
Rent (or any portion thereof) for the entire remaining Lease Term, and other indebtedness owing
by Lessee to Lessor, if any, immediately due and payable without regard to whether possession
of the Premises shall have been surrendered to or taken by Lessor, and may commence action
immediately thereupon and recover judgment therefore. If any Event of Default occurs, Lessor,
in addition to other rights and remedies it may have, shall have the right to remove all or any part
of Lessees personal property from the Premises and any personal property removed may be
stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee, and
Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage
or otherwise, and Lessee hereby waives any and all claim against Lessor for loss, destruction
and/or damage or injury which may be occasioned by any of the aforesaid acts.
It is expressly agreed that the forbearance on the part of Lessor in the institution of any
suit or entry of judgment for any part of the Rent herein reserved to Lessor, shall not serve as a
defense against nor prejudice a subsequent action for such Rent. Lessee hereby expressly waives
Lessees right to claim a merger or waiver of such subsequent action in any previous suit or in
the judgment entered therein. Furthermore, it is expressly agreed that claims for liquidated Base
Rent and/or Percentage Rent may be regarded by Lessor, if it so elects, as separate and
independent claims capable of being separately assigned.
The waiver (either expressed or implied by law) by Lessor of any default of any term,
condition or covenant herein contained shall not be a waiver of any subsequent default of the
same term or any other term, condition or covenant herein contained. The consent or approval
by Lessor to or of any act by Lessee requiring Lessors consent or approval shall not be deemed
to waive or render unnecessary Lessors consent to or approval of any subsequent similar act by
Lessee. No re-entry hereunder shall bar the recovery of rents or damages for the default or delay
on the part of Lessor to enforce any right hereunder and shall not be deemed a waiver of any
preceding default by Lessee of any term, covenant or condition of this Lease, or a waiver of the
right of Lessor to annul this Lease or to re-enter the Premises or to re-let same.
Any installment of Rent not received within five (5) days after the due date shall be
subject to a late payment fee. Lessee shall pay, in addition to the payment then due, five percent
(5%) of the amount due (Late Fee), and in the event that any check, bank draft, order for
payment, or negotiable instrument given to Lessor for any payment under Lease shall be
dishonored for any reason whatsoever not attributable to Lessor, Lessor, in addition to the five
(5%) percent Late Fee, shall be entitled to make an administrative charge to Lessee of One
Hundred and 0/100 Dollars ($100.00), or the actual charge, to Lessor by Lessors bank for
dealing with such dishonored tender, whichever is greater. In the event that it shall be necessary
for Lessor to give more than one (1) written notice to Lessee of any violation of this Lease,
during the term hereof, Lessor shall be entitled to make an administrative charge to Lessee of
Twenty-five and 0/100 Dollars ($25.00) for each such subsequent notice after the first notice.
Lessee recognizes and agrees that the charges Lessor is entitled to make upon the conditions
stated in this section represent, at the time this Lease is made, a fair and reasonable estimate of
the costs of Lessor in the administration of the Premises resulting from the events described
herein, which costs are not contemplated or included in any Rent or other charges provided to be
paid by Lessee to Lessor in this Lease. Any charges becoming due under this Section of this
Lease shall be added to and become due with the late payment for which the charge was
assessed, and shall be collectible as a part thereof.
In the event that Lessee defaults in accordance with the terms of this Article, or otherwise
fails to perform any obligation required by this Lease, which directly or indirectly causes Lessor
to suffer damages, and thereafter Lessee fails to cure or remedy the respective default in
accordance to the terms of this Lease, either: (1) Lessees parent company, if any,; (2) a Principal
of Lessee; or (3) a substantially similar guarantor with sufficient assets to fulfill the requirements
imposed by this Lease and corresponding RFP, shall assume responsibility as a personal
guarantor (Guarantor), and shall pay the amounts due or perform the obligation required, as
applicable. Guarantor may, at Lessors option, be joined in any action or proceeding commenced
No remedy conferred upon or reserved to the Lessor or the Lessee shall be considered
exclusive of any other remedy, but shall be cumulative and shall be in addition to every other
remedy given under this Lease or existing at law or in equity or by statute; and every power and
remedy given by this Lease to the Lessor or the Lessee may be exercised from time to time and
as often as occasion may arise or as may be deemed expedient by the Lessor or the Lessee. No
delay or omission of Lessor or Lessee to exercise any right or power arising from any default
shall impair any right or power, nor shall it be construed to be a waiver of any default or any
acquiescence in it.
In the event that Lessor shall at any time be in default of the terms of this Lease and any
such default shall continue for a period of sixtythirty (6030) days after written notice to Lessor,
and Lessor shall not thereafter cure or commence to cure the default, Lessee shall have the right
at any time thereafter (but in no event shall be obligated) to cure such default for the account of
Lessor, and Lessor shall reimburse Lessee for any amount paid and any expense or contractual
liability so incurred upon invoice. In the event the Lessor default is of the nature of an
emergency, is a threat to any life safety issues or materially impairs Lessee from operating its
business on the Premises, Lessee may immediately commence the cure referenced above upon
written notice to Lessor and Lessor shall reimburse Lessee as provided above.
ARTICLE XVII
ACCESS
Lessor and Lessors agents shall have the right to enter the Premises at all reasonable
times upon reasonable prior written notice to the Lessee (except in the case of an emergency
when no notice is required) to examine the same. If Lessee shall not be personally present to
open and permit entry into the Premises at any time, when for any reason an entry therein shall
be necessary or permissible, Lessor or Lessors agents may enter the same without in any manner
affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall
be deemed or construed to impose upon Lessor any obligation, responsibility or liability
whatsoever, for the care, maintenance or repair of the Premises or any part thereof, however
Lessor shall not unreasonably interfere with Lessees or any Sublessees, licensees or
concessionaires business operation, except as otherwise herein specifically provided.
At Lessors request, Lessee shall enter into an agreement in form and content reasonably
acceptable to Lessee, to provide access (Access Agreement) to individuals or entities (Users)
for events including, but not limited to, the National Marina Manufacturers Association
(NMMA) International Boat Show, and any other event permitted by Lessor and approved by
the City of Miami Commission. on the property immediately adjacent to the Premises. Such
Access Agreements shall provide access to and use of a portion of the Premises in the areas
indicated in Exhibit I as _____ and ______ for the NMMA and shall not provide for access
more than ___ days in any given year. Buildings, structures and any other permanent
Leasehold Improvements will not interfere with Structures ___ or ___ and any damage to the
Leased Premises caused by NMMA's use under the Access Agreement shall promptly be
repaired to the satisfaction of Lessee at NMMA's expense. NMMA shall be required to carry a
commercially reasonable amount of insurance, name Lessee and it appropriate Affiliates as an
additional insured and indemnify Lessee form any injuries or damages arising out of NMMA's
use under the Access Agreement. Notwithstanding the above, temporary structures shall be
allowed by Lessee so long as they do not interfere with the Boat Show, for so long as NMMA
and/or the Boat Show have the legal right to use the adjacent property. The use of the Premises
by NMMA or any third party approved by Lessoras provided herein shall not impair Lessees
ability to use the Premises for its intended use or negatively impact Lessees or any Sublessees,
licensees or concessionaires business operations.
ARTICLE XVIII
In the event Lessee remains in possession of the Premises after the expiration of the
Lease Term, Lessee, at the option of Lessor, shall be deemed to be occupying the Premises as a
Lessee at sufferance at a monthly rental equal to twoone and a half (21.5) times the Base Rent
and the Percentage Rent of the preceding Lease Year, payable during the last month of the Lease
Term hereof. In addition, Lessee agrees to pay monthly: (a) one-twelfth (1/12) of the taxes for
the Premises based upon the total taxes payable for the Lease Year immediately prior to the
Lease Year in which the expiration occurs; (b) cost of insurance for which Lessee would have
been responsible if this Lease had been renewed on the same terms contained herein; (c) all sales
taxes assessed against such increased rent, and (d) any and all Additional Rent otherwise payable
by Lessee hereunder. Such tenancy shall be subject to all the other conditions, provisions and
obligations of this Lease. Lessees obligation to pay any rents or sums provided in this Lease
shall survive the expiration or earlier termination of this Lease.
All rights and liabilities herein given to, or imposed upon, the respective Parties hereto
shall extend to and bind the several respective heirs, executors, administrators, successors, and
the assigns of the said Parties; and if there shall be more than one Lessee, they shall be bound
jointly and severally by the terms, covenants and agreements herein. Nothing contained in this
Lease shall in any manner restrict Lessors right to assign or encumber this Lease and, in the
event Lessor sells its interest in the Premises and the purchaser assumes Lessors obligations and
covenants, Lessor shall thereupon be relieved of all further obligations hereunder.
ARTICLE XIXARTICLE XX
The Lessee agrees that during the Lease Term; (a) it will not discriminate against any
employee or applicant for employment because of race, creed, color, place of birth, religion,
national origin, sex, age, marital status, veteran and disability status and will take definitive
action to assure that applicants are employed and that employees are treated during employment
without regard to race, creed, color, place of birth, religion, national origin, sex, age, marital
status, veteran and disability status; (b) post in conspicuous places, available to employees and
applicants for employment, notices, the form of which is to be provided by the Lessor, setting
forth provisions for this nondiscrimination clause; (c) in all solicitations or advertisements for
employees placed by or on behalf of the Lessee shall state that all qualified applicants will
receive consideration for employment without regard to race, creed color or national origin; and
(d) if applicable, to send to each labor union or representative of workers with which the
construction contractor has a collective bargaining agreement or other contract or understanding
Lessee shall work towards achieving Community Small Business Enterprise (CSBE)
goals, employing the requirements of the Community Small Business Enterprises set forth in the
City of Miami Procurement Ordinance, codified in Chapter 18, Article III, City Code, as a
model; and shall try to attain, but not mandate, a plan for its achievement, which will strive to
provide equal opportunity in hiring and promoting for Miami-Dade County certified CSBE
companies, the disabled and veterans. Such plan shall include a set of positive measures taken to
insure utilization of CSBE companies when practicable and nondiscrimination in the work place
as it relates to hiring, firing, training and promotion.
Lessee represents and warrants to the Lessor that it will comply with 18-188, 18-189
and 18-190 of the City of Miami Code incorporated herein. Lessee hereby represents and
warrants that it shall not engage in discriminatory practices and shall not discriminate in
connection with Lessees use of the Premises on account of race, national origin, ancestry, color,
sex, religion, age, handicap, familial status, marital status or sexual orientation. Further, should
the Lessee introduce or have existing membership rules for patrons at the Premises, that it will
comply with the non-discrimination provisions incorporated within 18-188, 18-189, 18-190,
and 18-191 of the City of Miami Code as incorporated herein by reference.
MISCELLANEOUS
No payment by Lessee or receipt by Lessor of a lesser amount than the Rent or other
amount due as specified herein shall be deemed in satisfaction of any such amounts owed; nor
shall any endorsement or statement on any check remitting partial payment or any letter
accompanying any partial payment be deemed an accord and satisfaction of Lessees debt.
Lessor may accept such check or payment without prejudice to Lessors right to recover the
balance of such Rent or pursue any other remedy provided herein or by law.
Lessee shall comply with Section 119.0701, Florida Statutes, including without
limitation: (1) keep and maintain public records that ordinarily and necessarily would be
required by the City to perform this service; (2) provide the public with access to public records
on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or
confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet
all requirements for retaining public records and transfer, at no cost, to the City all public records
This Lease and the Exhibits attached hereto and forming a part thereof as if fully set forth
herein constitute all of the covenants, promises, agreements, conditions and understandings
between Lessor and Lessee concerning the Premises and there are no covenants, promises,
conditions or understandings, either oral or written, between them other than those set forth
herein. All representations, either oral or written, made between the Parties shall be deemed to
be merged into this Lease. No course of prior dealings between the Parties or their officers
employees, agents or affiliates shall be relevant or admissible to supplement, explain or vary any
of the terms of this Lease. Acceptance of, or acquiescence in, a course of performance rendered
under this or any prior agreement between the Parties or their affiliates shall not be relevant or
admissible to determine the meaning of any of the terms of this Lease. Except as herein
otherwise provided, no subsequent alteration, change or addition to this Lease shall be binding
upon Lessor or Lessee unless reduced to writing and signed by the Parties. Any amendments to
this Lease must be approved with the same formalities as were used in its execution; providing,
however, that the City Manager may administratively execute non-material (i.e. non-substantial)
amendments of the Lease in the exercise of his professional discretion. This Lease has been
negotiated at arms length by and between Lessor and Lessee, each having the opportunity to
be represented by legal counsel of its choice and to negotiate the form and substance of this
Lease, and therefore, in construing the provisions of this Lease neither party will be deemed
disproportionately responsible for draftsmanship.
It is understood and agreed by the Parties hereto that this Lease does not create a
fiduciary or other relationship between the Parties, other than as Lessor and Lessee or
contracting parties, as applicable. Lessor and Lessee are and shall be independent contracting
parties and nothing in this Lease is intended to make either Party a general or special agent, joint
venturer, partner or employee of the other for any purpose.
Any notice by the Parties required to be given must be served by certified mail return
receipt requested, nationally recognized overnight courier service, or by hand delivery, addressed
to Lessor or Lessee at:
The captions, section numbers, and article numbers appearing in this Lease are inserted
only for convenience and in no way define, limit, construe, or describe the scope or intent of
such sections or articles of this Lease nor in any way affect this Lease.
If any term, covenant or condition of this Lease or the application thereof to any person
or circumstances shall, to any extent, be deemed invalid or unenforceable by a Court with
jurisdiction, the remainder of this Lease shall not be affected thereby and each term, covenant or
condition of this Lease shall be valid and enforceable to the fullest extent permitted by law.
Each party agrees that it will, at any time and from time to time, within ten (10) business
days following written notice by the requesting party specifying that it is given pursuant to this
section, execute, acknowledge and deliver to the requesting party a statement in writing
certifying that this Lease is unmodified and in full force and effect (or if there have been
modifications, that the same is in full force and effect and stating the modifications), and the date
to which the Base Rent, Percentage Rent and any other payments due hereunder from Lessee
have been paid in advance, if any, and stating whether or not there are defenses or offsets known
and/or currently claimed by the certifying party and whether or not to the best knowledge of
certifying party, the requesting party is in default in performance of any, covenant, agreement or
condition contained in this Lease, and if so, specifying each such default of which certifying
party may have knowledge.
It is agreed that nothing contained in the provisions of this Section shall constitute waiver
by requesting party of any default existing as of the date of such notice and, unless expressly
consented to in writing by requesting party and, certifying party shall still remain liable for the
same. There will be a two hundred fifty dollar ($250.00) regulatory fee per Section 166.221,
Florida Statutes for each request made of Lessor for each Estoppel Certificate Requested,
payment in full shall be made at the time of the request. No certificate shall be issued without
payment of the fee.
Failure on the part of either party to complain of any action or non-action on the part of
the other, no matter how long the same may continue, shall never be deemed to be a waiver by
such party of any of its rights hereunder. Further, it is covenanted and agreed that no waiver at
any time of any of the provisions hereof by either party shall be construed as a waiver of any of
the other provisions hereof, and that a waiver at any time of any of the provisions hereof shall
not be construed as a waiver at any subsequent time of the same provisions. The consent or
approval to or of any action by either party requiring such consent or approval shall not be
deemed to waive or render unnecessary such consent or approval to or of any subsequent similar
act by such party.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
It is intended that the Premises shall be operated in a manner whereby all customers,
employees, lessees and invitees of the Lessee shall have the opportunity to obtain all the goods,
services, accommodations, advantages, facilities and privileges of the Premises without
discrimination because of race, creed, color, sex, age, national origin, ancestry, handicap or
disability of any kind. To that end, Lessee shall not discriminate in the conduct and operation of
its business in the Premises against any person or group of persons because of the race, creed,
It is the intent of the Parties hereto that all questions with respect to the construction of
the Lease and the rights and the liabilities of the Parties hereto shall be determined in accordance
with the laws of Florida. Additionally, all disputes civil action or legal proceeding arising out of
or relating to this Lease shall be brought in the courts of record in Miami-Dade County. Each
party shall bear their own attorneys fees in civil actions between them arising out of this Lease
except the prevailing party may be awarded by the court as provided by Florida Statute 83.231,
as amended or modified.
Lessee shall not impose any permissive counterclaim(s) for damages in a summary
proceeding or other action based on termination or holdover, it being the intent of the Parties
hereto that Lessee be strictly limited in such instances to bringing a separate action in the court
of appropriate jurisdiction, however, Lessee may assert any compulsory counterclaims in such
action. The foregoing waiver is a material inducement to Lessor making, executing and
delivering this Lease and Lessees waiver of its right to counterclaim in any summary proceeding
or other action based on termination or holdover is done so knowingly, intelligently and
voluntarily.
Lessor and Lessee hereby waive trial by jury in any action, proceeding or counterclaim
brought by either of the Parties hereto against the other on, or in respect of, any matter
whatsoever arising out of or in any way connected with this Lease, the relationship of Lessor and
Lessee hereunder, and/or Lessees use or occupancy of the Premises.
Subject to the terms of this Lease, upon the observance by the Lessee hereunder of all the
terms, provisions, covenants and conditions imposed upon the Lessee, the Lessor covenants to
the Lessee that Lessee shall peaceably and quietly hold, occupy and enjoy the Premises for the
Lease Term without any interruption, disturbance or hindrance by the Lessor, its successors and
assigns, or by persons claiming by, through or under the Lessor for the Premises leased herein, or
by persons with title superior to the Lessor, its successors and assigns.
Upon the expiration or earlier termination of the Lease pursuant to the provisions hereof,
the Lessee shall deliver to the Lessor possession of the Premises in good repair and condition,
reasonable wear and tear excepted.
Nothing contained in this Lease shall be construed so as to confer upon any other party
the rights of third party beneficiary.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of Radon that exceed Federal and State guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing may be obtained from your
county public health unit.
Lessee shall not sign any contract or application for any license or permit or do anything
that may result in liability to the Lessor for any indebtedness or obligation of Lessee, unless
expressly provided herein or approved in writing by the Lessor. Except as expressly authorized
in writing or agreed to herein, neither Lessor nor Lessee shall make any express or implied
agreement, warranties, guarantees or representations or incur any debt, or represent that their
relationship is other than Lessor and Lessee, for the management and operation of the Premises;
neither Lessor nor Lessee shall be obligated by or have any liability under any agreements or
representations made by the other that are not expressly authorized in writing. Lessor reserves
the right, at its sole option, to refuse an agreement for any Federal, State or local grants and loans
when the acceptance of same by either Lessor or Lessee may impose a hardship upon Lessor or
include obligations which extend beyond the Lease Term.
The Lessee shall have, and the Lessor shall fully cooperate in providing to the Lessee, for
its use and enjoyment, all rights, privileges and immunities as shall from time to time be granted
or afforded by Federal, State or local law to restaurant operators or proprietors.
All charges due from Lessee to Lessor for which Lessee must be billed by Lessor must be
billed within twelve (12) months following the expiration of the calendar year in which the
Wherever in this Lease the consent of one party is required for an act of the other party,
unless otherwise specified, such consent shall not be unreasonably withheld, delayed or
conditioned.
The Parties agree that each of the terms, covenants and conditions hereof agreed to be
observed or performed by each party shall constitute concurrent conditions of exchange.
LESSOR:
By:
Daniel J. Alfonso
City Manager
ATTEST:
By:
Todd B. Hannon
City Clerk
By: By:
Ann-Marie Sharpe, Director Victoria Mndez
Risk Management Department City Attorney
LESSEE:
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
GUARANTOR:
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
PHASING PLAN
[SEE PROPOSAL]
Note: This projected schedule (i) has been developed to attempt to maximize the available
facilities during the permitting and construction phases of the Leasehold Improvements, (ii) is
subject to Force Majeure, and (iii) is subject to Lessee obtaining (a) legal possession of the
Premises, and (b) the land use approvals, zoning designation and permits for the construction of
the Leasehold Improvements to be constructed by Lessee and the use of the Premises by
Lessee. It is based upon the collective experience of the project team and best practice
estimates for permitting timing for each of the phases of the Leasehold Improvements. Where
experience shows that portions of the project permitting will likely take longer than other
portions, they have been separated out into separate phases in order to expedite the prior phases
and not delay those potions that should be able to be permitted more quickly. All of these
timeframes are estimates that are substantially dependent upon the timeliness of third party
reviewing agencies. Each of the time frames also assume there are no third party challenges or
interventions in the permitting or construction processes. Any third party involvement could
change these timeframes significantly and could lead to denial of some permits.
[SEE PROPOSAL]
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Statistics:
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Total changes 882