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HomeMy WebLinkAboutJ. Milton & Assoc. e II I. Ii, . ^ 'e /------- v/_ r-.. ~ ~/ g a~ _'_ I r e'~l ! ~ ~ --- .-,i;- JJF?JJJl ..-~ ~r;r:a:f'; ~ I 1.1 rJ I '-. I .J -~-~---~~= . ',-.-- -- ,- II If _-." ""'">O~ ~ ~lII~liIJ '6' ,a "''II '''111 ,,' ill ~~I..I , ~ II -- II ).~ Respond to Request For Proposal (RFP): Aquatic Entertainment Center Design/Build and Upscale Lifestyle Center consisting of a Park, Parking Garage, and an Aquarium and High End Retail Shops I (. :-.... -:.::.. '1: l' "b~ j I C<~ 0/ fl: ~ ,. ,:~~ _..:::._ If,_ '~ ,-' k j City of Sunny Isles Beach Att: Mr. Rick Conner, City Manger Released Date: October 6, 2010 Submission Deadline: November 8, 2010 - Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e Index J,.<" . ~;.~. - ~."'"',.: . e Section Letter of Interest 1.0 Project Anticipated Land Use / Regulations 1.1. Site Planning Analysis & Strategy 1.2. Design Concept & Strategy 1.3. Project Area Tabulation 1 .4. Zoning / Variances 2.0 Permits & Fees 2.1. Permits 2.2. Impact Fees 3.0 Environmental 4.0 Irrevocable Stand-By Letter of Credit & Authorization for Release of Information 5.0 Economic Feasibility 6.0 Project Schedule 7.0 Cost Analysis 8.0 Project Cost Breakdown 8.1. Optional Services 9.0 Lease of Property e Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e . 10.0 Financing Plan 11.0 Minimum Qualifications Requirements 11.1. Corporate Registration 11.2. Project Related Experience 11.3. Architectural Registration 11.4. Bond Capacity 11.5. Statement of Commitment for Projects Duration 11.6. Job Creation and Small Disadvantage and Minority Participation 11.7. Past Performance History 11.8. Drug Free Workplace 11.9. Organizational Chart 11.10. Resume of Key Personnel, Consultants and Sub-contractors 11.11. Team Member Information & Primary Responsibilities 12.0 Management Approach 12.1. Understanding of Project 12.2. General Approach 12.3. Coordination of Team Members/Subcontractors 12.4. Subcontracting Plan 12.5. Estimating and Cost Control 12.6. Scheduling and Schedule Control 12.7. Design and Construction Quality Control/Assurance Plan 12.8. Substantiation 12.9. Construction Site Utilization Plan 12.10. Legal Structure Information Exhibits Exhibit A Exhibit B Exhibit C Sunny Isles Clarification Requests Miami-Dade County Impact Fee Assessment Miami-Dade Water and Sewer Fees e Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M , Irrevocable Stand-By Letter of Credit & Authorization for Release of Information Feasibility Study Project Schedule Demolition Services Proposal Proposal Form: Ground Lease For Aquatic Entertainment Center Corporate Documentation State of Florida Department of Business and Professional Regulation Licenses Confirmation letter from USllnsurance Services, LLC. Developer's Completed Project List Drug Free Workplace Policy Certifications Drawin~s I Renderin~s A-100 Site Plan / Building Elevations A-101 Ground Floor / 2nd Floor A-102 3rd Floor / 4th Floor A-103 5th Floor A-104 Construction Site Utilization Plan A-105 Zoning Diagrams R-1 Artistic Renderings R-2 Artistic Renderings e e e e 4M INVESTORS, llC 3211 Ponce de Leon Blvd., Suite 301 Coral Gables, FL 33134 November 8, 20 I 0 Mr. Rick Conner City Manger City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Dear Rick, It is with pleasure that 4M Investors, LLC., a recently formed Florida Limited Liability Company and a subsidiary company of J. Milton & Associates hereby provides its Proposal respond and qualifications for the Request for Proposal (RFP) - Issued on October 6. 20 I 0 by the City of Sunny Isles Beach, Florida for the project referenced as: "DesignlBuild and Upscale Lifestyle Center consisting of a Park, Parking Garage, and an Aquarium and High End Retail Shops" (herein after referred to as the "Project" or the "Aquatic Entertainment Complex") - With subsequent Addendum No. I & 2. Following the instructions provided at the Mandatory Conference, we have kept our Proposal brief and to the point addressing all of the items and requirements outlined in the above referenced RFP. Our envisioned Project offers the following: 0' An overall Project concept that follows the concept and vision of the City and adheres to the study and recommendations prepared by Luft Consulting, Inc; and Keith & Schnars, P.A. 0' A 1.5 acre "elevated" Park (representing 43% of the Total Site Area) that captures fantastic views and provides multiple benefits and opportunities to the City, its residents and visitors. The Park, other green areas, plazas, loggias, children water court and other hardscape areas represent approx. 50% of the Total Site Area. 0' A parking facility that is totally hidden from VIew and closely accommodates City requirements. e o Commercial retail spaces (a minimum of 19,000 SF) that is situated within the parking structure and fronts Sunny Isles Blvd. and the existing Town Center Project of St. Tropez. o An Aquatic Entertainment Complex that follows a comprehensive site analysis and offers all of the requirements as envisioned by the City and outlined in the above referenced RFP. o A financially stable Development Company providing all of its resources to engage and successfully complete the Project. o A Development Team that has extensive knowledge and experience with the Planning, Design, Construction, and Management of this type of facility and Project. J. Milton & Associates has a working history, with the City of Sunny Isles Beach, dating back to 1993 and throughout these many years we have successfully executed and completed projects that have mutually benefited both entities. Our firm and Team is fully familiar with City procedures and once more commit ourselves and our resources to work hand-in-hand with the City and Staff with the common goal to successfully execute a "one of a kind" signature project and "destination" attraction complex for the City of Sunny Isles Beach, Florida. . Res pectfu II y, 4M Investors, LLC. Jo~on Chief Executive Officer @ Joseph Milton President e Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e 1.0 Proiect Anticipated land Use I Re~ulations 1.1 Site Planning Analysis & Strategy Site Analysis / Boundaries: The subject property is within the Sunny Isles Center Sub- District of the Sunny Isles Beach Town Center District and sits, as an "island", between the multi-lane eastbound and westbound roads of Sunny Isles Boulevard (NE 163rd St.) (the "Property"). Due to their length, both the North and South boundaries extend approximately 960 feet with each edge having its own distinct character. The East boundary is equally important since it is part of the intersection with Collins Avenue and is delineated by a curving road that connects the eastbound road to the westbound road. The West boundary is approximately 230 feet long and is adjacent to a parking lot that is privately owned. . South Boundary: This is the main edge since it is adjacent to the eastbound Sunny Isles Boulevard road, which is considered as the main arrival to the city. This boundary faces the new St. Tropez / Town Center mixed-use project and has the opportunity to host cafes and retail shops while promoting pedestrian activities that will unite and activate both sides of the boulevard as a "Main Street" type of atmosphere. North Boundary: This boundary is adjacent to the westbound Sunny Isles Boulevard road and is affected by the overpass landing, which takes up approximately half of the length of the site. There are multiple concrete buffer walls that physically separate the subject site from the neighboring sites to the north of the overpass allowing little to no pedestrian activity along this frontage. East Boundary: This boundary is highly important since it is at the intersection of Collins Avenue and Sunny Isles Boulevard. The intersection is highly congested and used primarily by vehicular traffic but also serves as the only pedestrian connection to the retail establishments located north of the site and to the beach located east of the site. West Boundary: This boundary abuts a parking lot that serves a privately owned storage facility and has neither pedestrian nor vehicular traffic activity. It is ideal for back-of-house functions such as utility and service areas. - Site Views: Due to its centralized location, the site has the opportunity to offer fantastic views in all directions at a height upwards of fourteen (14) feet above grade level. At grade level, the north, west and east views are significantly impeded due to buffer walls and the overpass landing ramp (towards the north), neighboring building (towards the west) and extensive traffic lanes and the continuation of the overpass landing ramp 1 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e (towards the east). Towards the south, the new St. Tropez project offers an elegant fagade rich with old-world architectural details and charm. Impressive views of the beach and the Intracoastal waterway are available via view corridors that exist between condo buildings directly to the east. These views have been strategically captured in order to maximize the full potential of the fantastic experience that a patron can achieve while visiting and/or using the park and its facilities. Pedestrian Circulation: The most important pedestrian circulation exists at the south edge of the site, which fronts the St. Tropez project and therefore requires a direct relationship to such project. At the east end of the site, the pedestrian circulation is intensified by the intersection with Collins Avenue and the congested situation that is described in the East Boundary analysis above. The only pedestrian circulation at the north edge of the site will be mainly generated by the proposed park and parking structure. Vehicular Circulation: As primary arteries to-and-from the city, both the eastbound and westbound lanes of Sunny Isles Boulevard are important for vehicular circulation. Due to this prime location, the park and Aquatic Entertainment Center will serve as a gateway to the City of Sunny Isles Beach and will be an important civic marker that will e be physically and visually enjoyed by all residents and visitors traveling within the area. Regarding the character of the vehicular circulation, the westbound road (located at the north edge of the site) tends to be more utilitarian in character since it has little to no pedestrian activity. In addition, this road also receives the overpass landing from Collins Avenue and traffic tends to be of a speedier nature as people curve around the overpass, exit the city and travel towards the Intracoastal causeway. The traffic at the eastbound road also tends to be somewhat speedy at the west end as the vehicles come from the Intracoastal causeway. Soon thereafter, the traffic slows down due to traffic lights, the sense of arrival to the city, and a stronger pedestrian presence that currently exists in the area. 1.2 Design Concept & Strategy e The 3.5 acre site has been carefully designed to create a focal point and destination place for the Sunny Isles Beach community and area visitors. In keeping with long range goals of the Sunny Isles Beach Comprehensive Plan, the proposal addresses the City's needs for parks, open space, recreational facilities and public parking. The overall concept adheres to the express goals of the City Commission and its' vision of creating a destination place where residents and visitors can enjoy leisure activities, shopping, and entertainment in a lush park setting. The project design is consistent with the Sunny Isles Beach "Open Space and Public Parking Initiative" including the study and recommendations prepared by Luft Consulting, Inc. dated March 2008. The 2 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e Luft report classifies the subject site as "the most suitable site in the preceding analysis of alternative locations for a park and open space that can fulfill the need for a central gathering place for the Sunny Isles community." The concept for the Aquatic Entertainment Center is based on a need for "a set of venues for the full expression of civic life," which are identified in a group of distinct elements and/or areas all working together to offer its patrons a series of different experiences. With that in mind, the project design incorporates a multitude of attractive elements that heighten the overall experience of visitors and contribute to the richness of the project. Desiqn Strateqy: The long elongated parcel flanked by highly travelled roadways presented certain design challenges that translated into opportunities for creative design elements that serve multiple functions. In order to maximize the functionality of the park, accommodate the greatest number of parking spaces, and serve the greatest number of users, the site was designed to complement the various functions discussed below. In addition, to ease on-going operation and maintenance costs, materials and finishes will be selected that require minimal maintenance, are highly durable, and create a strong sense of place and activate the pedestrian realm. e The Aquatic Entertainment Center: A state-of-the-art aquatic entertainment facility offers attraction and interactive activities for visitors of all ages. The facility will feature a learning center, gift shop, restaurant space, multiple activity spaces, and exhibit display areas. The facility will incorporate various educational elements such as a working Marine Laboratory where visitors can interact and learn about sea life, fish farming, marine biology, aquaculture and plant life. e The space features two large ceiling tanks - one displaying jelly fish and the other sea horses and similar species - with clear bottoms that provide visitors with an enriched sensory experience with 360 degree views of the sea life resulting in a feeling of being under the sea. Other interactive activities include a sea ray encounter and a penguin play yard where visitors will be able to touch, interact, play, and learn about the wildlife. The Sea-Bob adventure pool 3 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e with an interactive sea-biking experience will allow visitors to directly interact with the sea life. For the ultimate experience, visitors can enjoy the Sea-Trek Adventure while helmet diving in the two-story tank filled with shimmering multi-color fish, stingrays and magical sea life. Additional "hands-on" exhibits such as a star fish tank, barracuda tank, sea bird rehabilitation and aquatic gardening displays will provide interactive learning opportunities. The facility will also incorporate an IMAX Theater as well as an outside roof deck and restaurant area featuring an interactive spray deck with lighted synchronized sprays, seal slide, octopus swing and other playground-type features. The facilities will provide excellent educational opportunities for school aged patrons making it a destination point for school field trips and marine-related educational programs. e The aquatic entertainment facility has been designed as a multi-functional building with the ability to host private events and promote cultural, educational and civic activities and includes a function hall and ballroom facility with expansive ocean and city views. The structure is envisioned as a "signature" building that not only serves its technical functions but also contributes to the strong architectural heritage that is present in the City of Sunny Isles Beach. The timeless quality of the modern design will be an important factor towards the long lasting success of the building and project as one of the main destination points when visiting South Florida. The Island Park: The "island" park is a lush sanctuary nestled in the lively town center of Sunny Isles Beach. The park will provide residents and visitors the opportunity to escape from the busy aspects of a metropolitan life style while enjoying tropical landscapes, public art, multiple water features and sloped walking trails. The park has been designed in multiple interconnecting elevated levels. The elevated design addresses pragmatic requirements such as masking the parking from public view but also provide better views and a heighten experience. At grade, visitors are welcomed to the site along Collins Avenue by a prominent water feature and a Tropical Garden with weaving walking trails. The Tropical Garden is rooted at the base of the Aquatic Entertainment Center at the intersection of Collins Avenue and Sunny Isles Boulevard. This "garden oasis" with a water lagoon feature helps buffer the park from the noisy and congested intersection and also provide vegetation and softness to the harsh concrete ramps and asphalt streets. e 4 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e The Tropical Garden connects to a ground level plaza which serves as a community amenity for building users, visitors and members of the public alike. The space features passive recreation areas that allow for gathering and relaxation and a grandiose art wall. The plaza can also serve as an area for small scale events that serve the adjacent retail establishments and promote pedestrian activity. Continuing through the plaza, visitors approach the pedestrian entrance to the park as they stroll to the Great Lawn. At fourteen (14) feet above grade, the Great Lawn captures the energy produced by the surrounding roads while creating a safer place for children to play without the worry of the adjacent speedy traffic. The vast park- setting allows for both active and passive uses of the Great Lawn area. At the western edge of the Great Lawn, a Performance Stage can be accommodated for outdoor events that serve civic, cultural and educational users. The multiple park levels are connected with soft inclined ramps providing for a nice interval walking course featuring wide steps that can be used for exercise and double in function as sitting areas for the Performance Stage. The site design captures and maximizes the view to the Performance Stage from the Great Lawn and the upper levels of the elevated park, and the stepped seating area provides for a multi-functional and efficient layout of the public space. From the Great Lawn, patrons stroll by the Art- Wall to the upper park. e As a functional element, the ramp within the Art-wall connects the Great Lawn with the upper park. This element finds its inspiration in the Bacardi Building where the architecture has become the art. The enlighten experience of walking through art and being affected by the patterns, the forms, the materials and the play of sunlight is one of the many sensory experiences that a patron can enjoy during their visit to this park. Once the park is elevated to thirty four (34) feet, it changes in character to a more serene environment as the traffic and city noise becomes less audible. At this level, visitors will take pleasure in the tranquil atmosphere featuring passive outdoor enjoyment areas, an expansive Water Court with children play area, a vast sculpture garden, and the continuation of the Art-Wall. At this level, the sculpture garden and water court connect to the Aquatic Entertainment Center. The elevated park has been designed to structurally support a future sky-walk pedestrian bridge connection to the beach and public pier on the east side of Collins Avenue. At approximately fifty-four (54) feet above grade, the pedestrian bridge would cross Collins Avenue and the existing overpass and physically connect the to the east side of Collins Avenue. Due to its height and centralized location, this structure will also have the opportunity to serve as a "gateway" civic marker for the entire project. e The Parkinq Garaqe: The parking garage has access points on both eastbound and westbound Sunny Isles Boulevard. The parking has been designed so that the cars are fully screened from the public view. It is important to have a highly efficient parking 5 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e layout that not only maximizes the parking count but also minimizes its construction cost. The design offers a substantial amount of above ground parking that will serve the proposed park, the Aquatic Entertainment Center, the retail establishments, and the public beach and pier located east of the subject property. The parking garage design incorporates approximately 19,000 square feet of ground level retail area. The retail spaces front the eastbound lane of Sunny Isles Boulevard and will activate the street while providing an enriched pedestrian experience consistent with the intent of the Town Center district. The commercial retail spaces will serve the daily retailing needs of the public and will serve as a source of revenue for the project. The commercial retail spaces can accommodate restaurant, retail or other commercial uses. Capturinq the views: Strategic planning and innovative design techniques were utilized to maximize the quality of views from the Park and the Aquatic Entertainment Center. The existing Collins Avenue vehicular ramp is a strong element that not only physically imposes itself on the site but also blocks views towards Collins Avenue and the beach. Since it cannot be ignored it is better used as a "molding" force that helps shape the Aquatic Entertainment Center building. e In this proposal both the building and the ramp are understood as key interlocking elements that define edge and balance each other. The horizontal thrust of the vehicular ramp is balanced by the vertical thrust of the Aquatic Entertainment Center building as it reaches upward for superior views. As described in the Site Planning Analysis, the views can be captured from higher elevations and, for that very same reason, the Aquatic Entertainment Center was advantageously positioned at an angle near the Collins Avenue frontage. The placement of the Aquatic Entertainment Center building is critical since it offers a great opportunity to capture the expanded northern views of Collins Avenue at the heart of Sunny Isles Beach as well as the eastern coastal beach views and the westerly Intracoastal waterway views, which also include views of protected mangroves and a state park. - Sustainable Desiqn Opportunity: The elongated east/west axis of the site affords the project great opportunities to take advantage of natural daylight while minimizing energy needs. All efforts will be made to maximize the use of regional and rapidly renewable materials in the construction of the building. The park, landscaped areas, water features, hardscapes and passive areas have been designed to maximize usability and durability while minimizing on-going maintenance costs. The landscaped areas have been designed to meet the Florida Friendly Landscapes requirements and incorporate the use of drought-tolerant and native plant species in order to minimize potable water use for irrigation purposes. The Aquarium Entertainment Complex also incorporates sustainable design elements as well as educational displays throughout identifying innovative building features that improve energy, water and resource efficiency. 6 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e The project offers great opportunities for innovative design ideas as well as for the City of Sunny Isles Beach to reaffirm its commitment to promoting a healthy environment for its citizens and visitors. Accordingly, it is the intent of the Developer and Architect to implement design strategies, construction methods and systems that are typical to sustainable building designs such as those outlined by the LEED Guidelines and the U.S. Green Building Council. Conclusion: The proposal for the Aquatic Entertainment Complex, Park and Parking Garage captures the character and essence of the City of Sunny Isles while creating a dynamic, pedestrian friendly park and entertainment facility. The Design Concept is an artistic expression to a functional and strategic analysis of the many opportunities that can be implemented in the subject site and the overall project. The site has been designed to accommodate a multitude of cross-functional uses in order to maximize the City's opportunities for civic, educational and cultural interactions as well as providing City residents a serene sanctuary within the booming metropolis. 1.3 Project Area Tabulation Project Area Summary: e Park / Parkinq / Retail: o Parking: o Retail (at parking): o Park: 123,269 SF. (308 cars) 19,000 SF. 66,789 SF. (1.5 Acres & 43% of Total Site Area) Aquatic Entertainment Center Buildinq: o Exhibition Spaces: o Retail o Other Green Areas: o Hardscape Areas: 69,271 SF. 45,252 SF. (Gift Shop, Cafe, Restaurant, Ballrooms) 36,907 SF. (Incl. Tropical Garden) 51,219 SF. (Incl. Water Court, Loggias, Plaza) Area Tabulation Per Level e Levell Description Capacity Area (SF) Ground Level Parkinq 116 cars 52,578 Retail 634 persons 19,000 Aquatic Exhibition 1,086 persons 21,708 Aquatic Retail - Gift Shop I Cafe 212 persons 6,340 Support / Services 30 persons 9,103 Second Level Parkinq 107 cars 38,591 Park 3,340 persons 66,789 7 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e Aquatic Exhibition 1,144 persons 22,868 Support / Services 20 persons 5,771 Third level Parkinq 85 cars 32,100 Aquatic Exhibition 1,235 persons 24,695 Support I Services 20 persons 5,910 Fourth level Aquatic Retail - Restaurant Interior 973 persons 19,456 Aquatic Retail - Restaurant Exterior 604 persons 12,083 Water Court 1,298 persons 25,978 Fifth level Ballrooms Halls ICommunitv 2,084 persons 19,456 1.4 Zoning I Variances Applicable Land Use Requlation: Town Center District - Planning and Zoning Department, Land Development Regulations - Section 265-37. Aquarium Complex Required' Proposed Max Height: 50'0" 85'0" Max. Stories 6 Total 5 Total SIB - East Bound: Pedestal Setback: 20'-0" 15'-0" Tower Setback: 40'-0" 65'-0" Colonnade Width: 10'-0" 10'-0" Cont. Frontage: 80% /400 max. 344'-0" Street Side Parking: None None SIB - West Bound Pedestal Setback: 20'-0" 10'-0" Tower Setback: 40'-0" 05'-0" Colonnade Width: 10'-0" None Cont. Frontage: 60% / 400 max. 324' -0" Street Side Parking: None Parallel loading lane Internal Side Setback: 0'-0" 0'-0" Base FAR: 363,807 SF 180,930 SF 3.5 (Lot Width at 400'+) Lot Width = 513'-0" Lot Area = 1 03,945 SF2 Landscaped Open Space: 20% 44.5% / 46,256 Parking: 350 (per RFP) 308 Lot Coverage: 80% /145,052 SF 55.5% / 57,689 SF , . . I A review of the relevant sections of the City s Land Development Regulations and the accompanying charts indicate some inconsistencies and ambiguities that will need to be addressed. The proposer has brought some of these issues to the attention of the City, by letter, and have 8 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e received a preliminary response to this answers. However, the response does not provide sufficient information to fully address some of the pertinent zoning requirements and we thereby reserve the right to address these points with the City upon further negotiations. Thus, the zoning requirements noted here, and potential variances, are not final but are assumed until further determination by the City of the correct requirements. A copy of Addendum $ to the RFP that includes our questions to the City and their initial response is attached as Exhibit "A." 2 I The calculations noted are based on the assumption that the developer will be able to calculate, for zoning purposes, based on the entire site area. If necessary, the developer will agree to a Declaration in Lieu of a Unity of Title in order to do so and the City will agree to such a calculation. Refer to Drawing A-105 for Diagrams of Zoning Regulations vs. Proposed Building Massing. Justification for Variances: At this early stage of Schematic Design we have made efforts to minimize variances but due to challenging aspect of the site and project specific requirements there are several elements and/or areas in this Project that require variances from the zoning regulations as established for the Town Center District. Variances related to height, setbacks, floor area and certain architectural design minimum standards will be required for this particular proposal. The variances are required and justified for the following reasons: e 1) A height variance will be required based on: i) The interior clearances typically required for Aquarium type buildings to accommodate systems and infrastructure; ii) Achieving a higher elevation in order to capture wonderful views of the city, beach and Intracoastal waterway and minimize the visual impact of the Collins Avenue overpass; and iii) Having the ability to incorporate a possible future skywalk (towards the beach) in which case the structure will need to cross the Collins Avenue overpass and meet FDOT height clearances. 2) A pedestal, tower and/or pedestal setback variance will be required on both sides of SIB to accommodate the maximum amount of parking (at ground level) and achieve the standard depth for the required commercial retail space. This will be crucial for successfully leasing the retail spaces located within the parking structure. In our design strategy we have pushed the building towards the SIB- WB edge which is not likely to have any pedestrian activity (therefore not requiring a colonnade frontage) and provided for a Plaza at SIB-EB that offers a 55' -0" setback. 3) A loading zone, parallel to SIB Westbound road, is required for delivery of large equipment. This area has little to no pedestrian activity and is visually buffered by the Collins overpass, thus making it the most desirable area for back-of-house services and/or activities. t 4) As of the Schematic Design concept we have successfully accommodated 308 parking spaces, which is possible with variances as noted. 9 of 32 - e e Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 2.0 Permits & Fees 2.1 Permits City of Sunny Isles Beach: o Building Permit: It is our understanding that there will be no City building permit fees, no plan modification fees, no as-built review fees, no inspection fees, and no application fees, etc. Applicable Fee: $0.00 / Time: Approx. 4 to 6 months. o Administrative Site Plan Review: Applicable Fee: $0.00 / Time: Approx. 2-4 months. o Variances of certain Town Center District land development regulations Applicable Fee: $0.00 / Time: Approx. 2-4 months. State: o Florida Department of Transportation (FDOT) - Drive Way Access Permit Applicable Fee: Based on trips up to $5000 / Time: Approx. 2-4 months. o Florida Department of Transportation (FDOT) - Drainage Permit Applicable Fee: none / Time: Approx. 2-4 months o Florida Department of Transportation (FDOT) - Utility Permit depending on existing and proposed location of improvements Applicable Fee: none / Time: Approx. 2-4 months Additional Permits and Licenses for Tenants Users: 1 o Florida Department of Health - Restaurant & Cafe o Florida Department of Agriculture and Consumer Services - Non-alcoholic beverage operations (such as juice or smoothie bars and coffee houses o Florida Department of Business and Professional Regulation - Division of Hotels and Restaurants license - Restaurant; public food service event o Florida Department of Business and Professional Regulation - Division of Alcoholic Beverages and Tobacco License - Alcoholic Sales 1 Undoubtedly, there will be more permits and licenses required as the project moves forward in design and concept. Certain permits may be required for the aquarium and its contents that are not yet known. Permit information will be supplemented throughout the design and construction process. 1 0 of 32 e e e Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 2.2 Impact Fees The anticipated project related impact fees are as follows: . Miami-Dade County Impact Fee Assessment Fire Roads $ 37,178 $ 740,014 Total Amount Due: $ 777,192 Refer to Exhibit "B" For Miami-Dade County Impact Fee Assessment . Miami-Dade Water and Sewer Fees Total Impact Fee Due: $ 298,805 Refer to Exhibit "C" Miami-Dade Water and Sewer Fees . North Miami Beach Public Utilities Impact Fee Fire Flow Fee $ 128,863 $ 449,387 $ 578,250 Total Amount 3.0 Environmental Pursuant to the responses to questions published by the City after the Mandatory Pre- bid Conference, we are assuming that all of the subject properties are environmentally "clean" and that no costs should be allocated toward an environmental clean-up at any of the parcels. We intend to conduct, during a negotiated "due diligence" period, a Phase I environmental audit, taking into account those done to date, for independent verification of the "clean" status of the properties. This audit will be conducted in accordance with the "All Appropriate Inquiry" standards of the ASTM. In the event all or any of the properties (or portion of properties) are not in such a "clean" condition, the proposer will negotiate with the City to determine the responsible party for the cleanup and/or other options regarding pricing and/or release from obligations for the proposer from its obligations under any negotiated agreement or lease. 11 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e 4.0 Irrevocable Stand-By Letter of Credit & Authorization for Release of Information The Developer has obtained an Irrevocable Stand-By Letter of Credit from Intercontinental Bank in the aggregate amount of $3,500,000.00. In addition, the Developer has granted their authority for the release of information related to the Developer's professional credit and personal nature. Refer to Exhibit liD" for copies of the Irrevocable Stand-By Letter of Credit & Authorization for Release of Information. 5.0 Economic Feasibility The Economic Feasibility study was prepared in conjunction with International Aquatic Design, Inc. whom is highly experienced with aquatic related facilities and projects (refer to Section 8.2 Project Related Experience) and will be fully involved throughout the e project as a specialized consultant to the Development and Design Team. The study is summarized as follows: PROJECTED NET OPERATING INCOME AT THE PROPOSED AQUARIUM Revenue $ 30,748,206 Operating Expenses $ 19,072,085 Land Lease $ 324,000 Real Estate Taxes 1 $ 1,200,000 Financing Costs $ 5,000,000 Contingency $ 600,000 Net Operating Income $ 4,552,121 1/ Subject to change based on any applicable real estate tax exemptions Refer to Exhibit liE" for Feasibility Study. 6.0 Proiect Schedule Refer to Exhibit "F" for a full breakdown of the Project Schedule. e 12 of 32 . - e Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 7.0 Cost Analvsis Proiect Cost Summary: City of Sunny Isles Beach: o Park/Parking Structure: o Retail: Sub Total: $16,687,895.00 $ 3,812,105.00 $20,500,000.00 Developer: o Aquatic Center Building: o Specialized systems / Animals: Sub Total: $34,733,000.00 $15.000.000.00 $49,733,000.00 Total Proiect Cost: $70.233.000.00 The Developer offers to purchase the 19,000 square feet of retail from the City of Sunny Isles Beach for $5,500,000. The Developer must be able to sell the 19,000 SF of retail to a third party. 1 3 of 32 e e . Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 8.0 Project Cost Breakdown Description Park I Parking & Retail Aquatic Building Soft Costs Pre-Development Expenses $50,000 $150,000 Architectural and Engineering feeslDesign fees $1,500,000 $2,000,000 Specialized Architectural and Engineering fees $0 $1,000,000 Legal and Administrative $200,000 $600,000 Insurance - Building Risk & General Liability $325,000 $650,000 Building Permit and Certificate of Occupancy $60,000 $120,000 Impact Fees (1) $578,932 $1,075,316 Contingency $75,000 $150,000 Pre-Opening Expenses $50,000 $200,000 Total Soft Costs $2,838,932 $5,945,316 Hard Costs Construction Cost $19,290,000 $29,723,000 PaymenUPerformance Bond $772,563 $0 FF & E $0 $2,100,000 Special Equipment $0 $10,000,000 Animals $0 $5,000,000 Construction Contingency $450,000 $1,040,000 Total Hard Costs $20,512,563 $47,863,000 Sub-Total Project Cost $23,351,495 $53,808,316 Developer Purchase of Garage Retail ($5,500,000) Adjusted Project Cost $17,851,495 $0 Total Project Cost Combined $77,159,811 (1) Impact Fees calculation based on fee schedules included in Exhibit B & Exhibit C. Such figures are subject to chanqe and will be adiusted accordingly. 14 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e 8.1 Optional Services Demolition Costs: A proposal for the demolition of the existing site improvements for a contract amount of $ 72,500 was issued by Thunder Demolition, Inc. Such proposal has been calculated based on current competitive rates and are subject to change. Such costs does not include the items specifically listed as "Exclusions" in the proposal, nor any potential issues related to environmental conditions on the Property. Refer to Exhibit "G" for a copy of the Demolition Services Proposal. 9.0 Lease of Property The Developer wishes to enter into a 99-year ground lease for the Aquatic Entertainment Center parcel. The preliminary terms are included in the "Proposal Form - Ground Lease For Aquatic Entertainment Center" enclosed as Exhibit "H" which also includes a Lease Term Sheet to be addressed by the parties during further negotiations. 1 0.0 Financin~ Plan The Project will be funded as follows: - o The Public Improvements will be funded by the City of Sunny Isles Beach for the total amount of $23,351 ,495. The Developer is willing to purchase the 19,000 SF of retail (at Ground Level) for $5,500,000.00 and apply immediately this purchase amount as a discount towards the cost of the public improvement for a net cost of $17,851,495. o The Developer will acquire financing for approximately 70% of the cost of the Aquatic Entertainment Complex and provide equity for 30% of the cost of the Aquatic Entertainment Complex. The Developer is currently working with Wells Fargo Bank, N.A. and City National Bank. 11.0 Minimum Qualifications ReQuirements 11.1 Corporate Registration 4M Investors, LLC is a recently formed corporation for this Project and a subsidiary of J. Milton & Associates, which has been developing projects in the South Florida area since 1963. 4M Investors, LLC is an active corporation registered in the State of Florida with its place of business located at 3211 Ponce De Leon Boulevard Suite 301, Coral Gables, FL 33134. e Refer to attached Exhibit "I" for Corporate Documentation. 1 5 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e 11.2 Project Related Experience The Development Team has extensive experience in the multiple areas associated with this Project. In addition to the extensive project development and construction experience of the developer, each team member brings unique experiences that are crucial for the success of the project. o J. Milton & Associates (www.i-milton.com) Project Developer / Contractor / Owner: The Company resides in Coral Gables, Florida and has been a driving force in the growth and development of South Florida since 1963. Since its founding, the firm has built and developed over 50,000 residential units and has grown to a net worth of $3.5 Billion. The company is highly experienced in the development, construction and marketing of large scale projects, which affords the company to have full control over every aspect of a project. - J. Milton & Associates recognizes that every project is different and the key to being successful is structuring a Team of highly experienced and knowledgeable professionals that can perform under their direction and successfully execute projects. Once more the company has focused all of its resources and has combined a Team of specialized consultants that will assist J. Milton & Associates in the design, construction and management of this Project. J. Milton & Associates is now the largest developer in Sunny Isles Beach, and enjoys a longstanding and cordial partnership with the city's civic and corporate leaders. A prime example of this collegiality: the City of Sunny Isles Beach's newest retail magnet, Towne Center, is located within the firm's latest development, St. Tropez Condominiums. o Axioma 3, Architects (www.axioma3.com) Project Designer & Architect of Record: The designer and architect of the Project is a distinguished local firm that was founded in 1988. The firm is headed by its founder and principal architect Eduardo Castifieira who has been a resident of South Florida since 1969 and an alumnus of the University of Miami-School of Architecture, where he received his professional education and scholastic degrees. Mr. Castifieira holds state licenses in the field of Architecture as well as General Contracting and has been exclusively involved in the industry for the past thirty years. - From its inception and throughout many years of steady growth, this multi- disciplinary firm has been determinedly dedicated to the principles of design excellence and personal service. During years of practice, the firm has acquired an impressive amount of experience in regards to different clients, projects and 16 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 . building types including several water process facilities (for Miami-Dade WASD) that implement many similar systems as in this Project. In addition, the firm has been involved in several park projects including (but not limited to) Chapman Field Park, Martin Luther King Park, Royal Colonial Park. As a unified team, axioma3 architects and J. Milton & Associates have been collaborating on numerous projects for the past five years and both companies are highly experienced and prepared to spearhead this Project. o International Aquatic Design (www.aquaticsqroup.com) Specialized Consultant: As the primary consultant to the Project, this company has provided design and services to Palace Entertainment Group, who operates numerous Sea-life Aquariums around the world. They have also provided services and design assistance to Sea World Parks (formally Busch Gardens Entertainment) and have designed portions of smaller aquarium type projects such as the New England Aquarium and Sea World, Hawaii. The firm has extensive experience in the design and engineering of wild life systems, tanks, pools and theme equipment as well knowledge of the industry as it relates to operation and profitability of these types of facilities. e Their team consists of Marine Biologist, Aquarium Life Support Experts as well as construction personnel familiar with the structural requirements for the aquatic tanks and systems. o De Los Reyes Engineering, Inc. (www.delsorevesenqineerinq.com) Structural Engineer: The firm was established in 1993 and throughout a 30+ year career; Mr. De Los Reyes has gained a reputation as a creative, insightful engineer that provides personal service to each and every client. His goal throughout his career has always been to meet and surpass his client's needs by producing efficient and economical designs that lead to successful projects. By always keeping this notion in the forefront, he has been able to make and maintain close ties with some of South Florida's leading architects, developers, and construction companies. e Mr. De Los Reyes received his B.S. in Architectural Engineering from the University of Miami in 1978 and at this time he began his structural engineering career with highly reputable companies such as Spillis, Candela & Partners, Cantor and Seinuk, Puig & Associates, where he was personally involved in large scale projects such as the James L. Night Convention Center, Miami Hyatt Complex, Bristol Tower Condominium and Fisher Island Condominiums, the Disney Dolphin Hotel and Convention Center in Orlando, FL; as well as the Roosevelt Island Apartments and Battery Park City Apartments in New York, NY. 1 7 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 .. Upon establishing his firm, Mr. De Los Reyes has concentrated in providing full structural engineering services with a dedication towards providing clients with high-quality service with a personal touch. The firm's ambition is to assist clients in realizing their goals and meeting the project budgets. To this end, De Los Reyes Engineering, Inc. has always welcomed a variety of challenging projects that allows the firm to continue growing and meeting the needs of future projects and clients. o Steven Feller, P.E., Inc. (www.fellerpe.com) MEP Engineer: The firm was established over 30 years ago and has consistently provided Mechanical, Electrical, Low Voltage Engineering. Presently located in Ft. Lauderdale, Florida the firm is very familiar with the City of Sunny Isles Beach since for the past 7 years they have been involved high-rise condo projects such as Marquis, Oceania 1, 2 & 3, Acqualina, Trump 1, 2 & 3, Harbour House, St. Regis Bal Harbour and many other highly prestigious projects. e Their project related experience includes entertainment complexes such as Wannado City (located at Sawgrass Mills) which is an interactive career focused entertainment facility targeted at children; Six Flags Atlantis, Ft. Lauder; Ft. Lauderdale Museum of Discovery & Science (28,000 sq. ft. expansion), which includes interactive exhibits for kids and a live Otter Habitat. In addition, their park related experience include Markham Park in Pembroke Pines where the project included the design of mountain bike trails, model airplane field, swimming pool complex and the future Zoo Island Animal Park (a complex similar to Metro Zoo). Other aquatic related projects include: Coral Springs Aquatic Center - training and support facilities; Sheraton Bal Harbour Hotel - a water amusement park with slides, flumes and other waterways; and Parkland Golf and Country Club - a new water themed entertainment center developed by WCI. o Develotec, Inc. (www.develotec.net) Civil Engineer: The firm was established in 2004 and for the past 27 years has been providing civil engineering related services for Miami Dade County. The principals have over 60 years of combined experience in the design and permitting of civil projects, including water, sewer, paving, drainage, roads, parking, safety improvements, etc. The firm has an excellent relationship with Miami Dade County's Department of Water and Sewer (WASD), the Department of Environmental Resources Management (DERM) and Public Works; with the State of Florida Department of Transportation and the Department of Environmental Protection (DEP) as well as the South Florida Water Management District and the Corps of Engineers. e In addition, the firm holds technical qualification with Miami Dade County, in the areas of Highway Systems-Site Development and Parking Lot Design, Highway 1 8 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e Systems-Highway Design, Highway Systems-Traffic Calming, Highway Systems- Signing, Pavement Marking and Channelization, Water and Sanitary Sewer Systems- Water Distribution and Sanitary Sewer Collection and Transmission Systems, Environmental Engineering-Stormwater Drainage Design Engineering Services, General Civil Engineering and Engineering Construction Management. o David Plumber (www.dplummer.com) Traffic Engineer: The firm was founded in 1978 and maintains offices in Coral Gables, Fort Myers, and Fort Lauderdale. The firm is a progressive Transportation/Civil Engineering Consulting Firm, specializing in Transportation, Civil, Structural and Environmental services. By providing unparalleled service, maintaining a creative, experienced staff, and utilizing integrated computer systems, the firm has attained an excellent reputation for its high level of expertise in melding economic needs with government requisites. The result is durable and cost effective engineering projects. Composed of civil engineers, planners and supporting scientists, the firm is organized into four technical divisions: Transportation, Civil Engineering, Structural, and Environmental. e The firm's principals bring extensive technical, engineering, and business backgrounds into DPA's private sector and public works projects. Its expertise ensures that the multi-disciplinary aspects of projects, as well as the approval process, are satisfied. Planning, coordination and communication are key elements for every DPA project. Our proven team management approach, coupled with more than 29 years of understanding of the local conditions and concerns in Florida, allows our group of professionals to efficiently explore alternatives, develops appropriate plans and studies, and led the approval process inherent in the project. The firm's skills in researching and designing practical engineering solutions is often decisive in resolving competing client and governmental interests presented in many development projects. David Plummer & Associates recognizes the importance of environmental permitting as a critical component of any public or private development project. The civil and transportation divisions function interactively with the environmental department to provide clients with insight, creative solutions and assistance in implementing projects. - Complementing the planning, design and management process is a state-of-the- art computer network equipped with a full range of CADD, GIS, graphics, engineering and planning software. David Plummer & Associates is the collective embodiment of thorough planning, design excellence and conservative business management. Due to our impressive reputation, we are engaged in the preliminary stages of most projects through the planning and design stages, approval processes and final implementation. Whether the project is specific or 1 9 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e involves the full services of the firm, we are committed to exceeding client expectatio n s. o Savino Miller Design Studio (www.savinomiller.com) Landscape Architect: The firm began in 1985 with the partnership of Adriana Savino & Barry Miller and provides professional consulting services in the fields of Landscape Architecture, Urban Design, and Planning. The studio's strength lies in its multi-disciplinary experience and collaborative approach to spatial design. Our work includes projects in urban design, streetscape design, site and community planning, residential, commercial, hotel/resort, and park design. We believe that the purpose of design is to improve the quality of life. Our work is based on the creative exploration of ideas, merging function with the kinetic and potential essence of site. We bring our clients' projects to fruition with imagination, ecological sensitivity, and a clear understanding of the pragmatic. We give special attention to each client. Our intent is to recognize the unique qualities inherent in each project - from the general plan to the finest detail - to create an environment that responds to our clients' needs, enriches the user experience, and interacts in harmony with its surroundings. e Savino & Miller Design Studio incorporated in 1993 and expanded its scope of work to include various public sector projects such as Streetscape Master plans, Urban Design Guidelines, Master Plans, Hotel Resorts and small scale Architecture/lnterior Space Planning. The studio's strength lies in its multi- disciplinary experience and collaborative approach to spatial design. The firm collaborates with many local, national & international architecture & engineering firms and is well established in South Florida where it continues to work on a diverse range of projects, varied in scale and theme. The firm's collaboration with multidisciplinary teams is exemplified in the successful completion of South Point Park and Belle Isle Park; 41 st Street Bridge and Streetscape Master Planning, Espanola Way, Washington Avenue Streetscape, and Alton Road Golf Course Streetscape; Royal Palm Crowne Plaza Hotel, Costa D'Este, and Fisher Island Beach Club; Aventura City Hall, Sunny Isles Beach City Hall, North Miami Beach Police Facility; Johnson & Wales University, HHH Cypress Bay School, Christopher Columbus High School, and Miami-Dade County High School Prototypes; and housing condominiums Corinthian, LaFayette Plaza, and Pinnacle Park. Current projects include Museum Park, Ritz Plaza Hotel and Condominium, Surfside Community Center, Aventura Professional Tower, Biscayne Beach/Biscayne Pointe Neighborhood Streetscape Master Plan, Fisher Island Town Center, and some residential projects. e o International General Contractors The company is licensed by Jose Milton, the founder of J. Milton & Associates. Since its establishment in February 3,1969 it has constructed most of the 20 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 - development of J. Milton and Associates. The company does its own value engineering and has subsidiaries which perform roofing, painting and plastering operations. The General Contractor has been working in the City of Sunny Isles Beach since 1993 and has built the Sands Pointe Condominium (212 units), The Pinnacle Condominium (242 units), Intracoastal Yacht Club (795 units), King David Condominiums (88 units), Sayan Condominium (90 units), and St Tropez Condominium (mixed-use project with 286 units and 35,000 sf of retail). . o Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. (www.wsh-Iaw.com) Legal Advisor / Attorney: For nearly two decades, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. has provided the highest quality transactional, governmental affairs and litigation services to local, national and international clients. Our firm includes more than 50 attorneys who represent corporate, governmental and individual clients who benefit from our deep knowledge of the community in the context of an ever-changing international environment. We are known throughout Florida as innovators and leaders in the representation of local governments and private businesses. We are committed to the finest principles of traditional legal practice including quality and service while recognizing that there are always new, innovative and forward-looking approaches to practicing law. It is with this great respect for the traditional and enthusiasm for the innovative that we look forward to providing service to our clients. We offer our clients the legal strength and influence often associated with larger firms while providing the individual attention and personal client care of a small firm. Clifford A. Schulman is a Partner in the Firm and, for 37 years, has been practicing in the areas of environmental law, zoning, growth management, subdivision law and land development. He has been frequently recognized by his peers as a "Best Lawyer in America," a Florida "Legal Elite," a "Top Lawyer in South Florida," and as a Super Lawyer, and has been listed in Chambers and in Who's Who Legal for Florida. Mr. Schulman was formerly a Principal Shareholder with the firm of Greenberg Traurig, P.A. (1979-2010) and was a Research Associate for Judge Norman Hendry of the Third District Court of Appeal of Florida (1972-1973). As Assistant County Attorney for Miami-Dade County (1973-1979), Mr. Schulman was the County's lawyer in all manner of environmental matters and represented both the Dade County Department of Environmental Resources Management and the Miami-Dade Water and Sewer Department (formerly the Miami Dade Water and Sewer Authority). Mr. Schulman has served as Chairman of the Florida Bar's Committee on Land Use and Environmental Law, and is a Florida Supreme Court Certified Civil Mediator, as well as a certified American Arbitration Association arbitrator in the field of construction law and is an Adjunct Professor at the University of Miami Law School and teaches Environmental Law to the Master's of Law Program and the Law School. e 21 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 . Estrella S. Sibila is an Associate with the Firm specializing in land use, zoning, real estate and sustainable development and green building practices. She represents clients in complex matters involving land use, zoning, developmental approvals, comprehensive planning and code enforcement. Ms. Sibila appears before city and county boards throughout South Florida, including the cities of Miami, Miami Beach, Sunny Isles Beach, South Miami, Opa-Locka and Miami- Dade County. Ms. Sibila has been involved in obtaining the necessary development approvals for major high-rise condominium and commercial projects throughout Miami-Dade County. Ms. Sibila was the first attorney in Miami-Dade County to obtain the U.S. Green Building Council Leadership in Energy and Environmental Design Accredited Professional (LEED AP) credential and is a frequent author and lecturer on the topic of sustainable development, energy efficient land use planning, and risks associated with green building. e Ms. Sibila obtained a Master of Laws degree in real estate development and finance from the University of Miami School of Law. Ms. Sibila has been recognized and honored as a "Rising Star" by Florida Super Lawyer Magazine, a Legal Elite "Up and Coming Attorney" by Florida Trend Magazine, has been named "Top 30 Under 30 in Commercial Real Estate" and "Top 40 Under 40 Rising Stars of Florida Real Estate" by Real Estate Florida Magazine, and was profiled as "The Achiever: Green Advocacy as a Legal Calling" by Miami Today. Most recently, Ms. Sibila was awarded the HYPE "Go Getter" Award from the Greater Miami Chamber of Commerce and was honored by the Cystic Fibrosis Foundation as a 'Top 40 Under 40 Outstanding Lawyer of Miami-Dade County." Michelle Vos is an Associate in the Municipal Land Use and Zoning Law Group, and the Litigation Division. Her professional background includes significant experience in environmental regulatory compliance and enforcement. Prior to joining the Firm, Ms. Vos was a natural resource enforcement officer with the Broward County Environmental Protection and Growth Management Department. She was principally responsible for handling environmental regulatory compliance and enforcement matters arising from routine facility inspections, accidental releases, permit violations, tree removal and mangrove alteration. This work involved administrative and quasi-judicial hearings concerning notices of violation, notices of intent to file suit, variances and administrative reviews of final agency decisions. She negotiated numerous settlement agreements concerning corrective action and penalties for violations of environmental regulations and permits. 11.3 Architectural Registration Axioma 3, Inc. (d.b.a. Axioma 3, Architects) is an active corporation registered in the State of Florida with its place of business located at 7418 SW 48th Street, Miami Florida 33155. , 22 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e Please refer to Exhibit "J" for Copies of State of Florida Department of Business and Professional Regulation Licenses. 11.4 Bond Capacity International General Contractors, Inc. meets the bond qualification requirements and has the capacity to obtain performance and payment bonds for 110% of the proposed design-build contract. Please refer to Exhibit "K" for confirmation letter from USllnsurance Services, LLC. 11.5 Statement of Commitment for Projects Duration Excellent corporate citizenry has always been a priority of the Developer who has frequently contributed to the quality of life in local communities. With much of the Company's development activity currently focused on the City of Sunny Isles Beach, significant resources and energy have been applied to this city's civic projects-notably the exciting new Aquatic Entertainment Complex and Park. . The Developer has already invested substantial funds in developing preliminary plans with graphics of the supporting venues featured throughout the park and aquarium. The Developer has also had meetings with four of the major aquarium operators in the United States. It is the intention of the Developer to invest his own equity into the venture and retain ownership of the aquarium. 11.6 Job Creation and Small Disadvantage and Minority Participation The Project will create, directly and indirectly, approximately 284 jobs during construction and approximately 1047 permanent jobs upon completion. The Developer is committed and has an established track record of hiring and sub-contracting work to disadvantages and minority owned companies. A substantial portion of this project will be aimed towards providing work for minority owned companies. In addition, the following firms are certified with Miami-Dade County (and other governmental agencies) as Community Business Enterprise (CBE); Disadvantage Business Enterprise (DBE) and/or Micro/Small Business Enterprise (MICRO/SBE): o Axioma 3, Architects - Project Architects. o Develotec, Inc. - Civil Engineer. o Savino Miller Design Studio - Landscape Architects. 11.7 Past Performance History The Developer and/or Project Team Members have not received a cure notice nor accessed liquidated damages nor have been in default or terminated on any project. _ There have been no claims and/or litigation in the past five years. 23 of 32 e e . Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 The Developer has an extensive track record of successful completed projects. Refer to Exhibit ilL" for a list of successful developments completed throughout South Florida. 11.8 Drug Free Workplace J. Milton & Associates maintains a drug free workplace. Accordingly, the unlawful manufacture, distribution, dispensation, possession or use of any controlled substances while on the job, on or off property, is strictly prohibited. If an employee is found to have a drug problem, he or she is required to participate in available drug and alcohol counseling and rehabilitation programs as a condition to employment. Please see Exhibit "M" for the Drug Free Workplace Policy Certifications for 4D Construction, Inc., 4M Investors, LLC and International General Contractors, Inc. 24 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e 11.9 Organizational Chart e 4M Investors, LLC Subsidiary of J. Milton & Assoc. Developer / Owner Point of contact for City during the Axioma3, Architects proposal and Design-Build process: Designer / Project Architect Joseph Milton I City of Sunny Isles ....... International Aquatic Design Beach Consultants Project Specialized Consultant International General Engineering Consultants Contractor Structural, MEP, Traffic, Etc. ......................... Subsidiary of J. Milton & Assoc. Contact: Diego Medina Savino Miller Design Studio Designer / Landscape Architect Other Consultants Specialized Systems 11.10 Resume of Key Personnel, Consultants and Sub-contractors o Jose Milton I Chief Executive Officer of J. Milton & Associates In the dynamic real estate development business that has made South Florida famous throughout the world, Jose Milton has achieved near-legendary status. Arriving in Miami in the early 1960s from Cuba and having already established his professional credibility by becoming a millionaire at 23, Mr. Milton started over in his newly adopted country and ultimately prospered beyond his wildest dreams. Armed with his architectural degree, a decade of practical experience in his homeland, a strong desire to succeed, and a flawless sense of business ethics, Mr. Milton set out to excel where many others failed. Within a short time he and his young company built, in 1966, Miami's first high-rise condominium- making Jose Milton the father of the residential style which has had a profound effect on South Florida urban living ever since. . Mr. Milton's original firm, J. Milton & Associates, is now a powerful and influential residential real estate presence in South Florida and beyond, holding over $3.5 billion in assets; the company's core businesses are high-rise residential real 25 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 e estate development and rental property construction and management. Now ably headed and operated by his three sons Joseph, Cecil and Frank Milton, the company has hewn to the original values and practices set forth so presciently by Mr. Milton from its earliest days-no doubt a principal reason for its solid and growing success. With a rental portfolio totaling over 15,000 rental units, J. Milton & Associates is among the largest privately held owner-rental companies in the country. In its condominium business, the firm has built-with its own construction division-numerous luxury high-rise communities. Having started out in a modest architectural practice over 50 years ago, Jose Milton has been an inspiration to his family, colleagues and all who know him, and his accomplishments give true meaning to the concept of "only in America." Through his self-discipline, work ethic, and keen business instincts, Mr. Milton has earned the respect and admiration of the top tier of business, professional, governmental and academic leaders in his adopted city of Miami and beyond. His dealings with the financial community have always been enhanced by his firm's strongly positive liquidity position. Mr. Milton has a State of Florida Architectural license and a State of Florida Certified General Contractor license. o Joseph Milton I President of J. Milton & Associates - Director of 4Mlnvestors, LLC. . Mr. Joseph Milton serves as President of J. Milton & Associates, a fully integrated real estate and development company founded by his father, Jose Milton, in 1963. Since its founding, the firm has built and developed over 50,000 residential units and has grown to a net worth of $3.5 billion. Mr. Milton earned his Bachelor of Science degree in Civil Engineering from the University of Miami and is a licensed State-Certified General Contractor. Mr. Milton is a hands-on leader, carrying on the legacy so deservingly bestowed by his father, he is actively involve in all projects undertaken by the firm and works directly with project architects, designers and engineers, as well as handling negotiations of contracts, and pro-forma and cost control standards. In 1993, Mr. Milton launched the firm's luxury condominium development division; since that time he has developed a series of luxury projects known as Sands Pointe, Pinnacle, King David, Blue Lagoon, Sayan, and most recently St. Tropez luxury condominiums located across from the Aquatic project site. In addition to these primary responsibilities Mr. Milton maintains development responsibilities for the company's rental division, including such successful properties as the Country Club Towers, Brickell 1st, Intracoastal Yacht Club, and Royal Palms rental communities. , 26 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e In addition to mentoring his staff, Mr. Milton is an active community leader and a deeply committed philanthropist. A prime example is his role as Vice President of the Board of Directors of Alfalit International, a faith-based nonprofit organization committed to fighting illiteracy around the world. He has received numerous awards for his efforts on behalf of humanitarian causes including, as a result of his work with Alfalit in West Africa, an honorary Doctorate of Humane Letters degree from the United Methodist University of Liberia. o Rex M. Barker / Executive Vice President, Chief Financial Officer. Mr. Barker joined the firm in 1993 and he is responsible for day-to-day operations of the Corporate Office supervising all banking transactions and financial activity of the firm. He currently manages a corporate staff of 25 specialized professionals and where he excels in his financial management skills. In 2009, Mr. Barker was directly responsible for refinancing over $230 million in company assets which has provide Mr. Barker with an enviable team of financial managers and a vast number of high-caliber banking relationships. Mr. Barker has a degree in Business Administration from Northeastern University, from which he also received the school's Consecration in Management. Along with Mr. Joseph Milton, he also serves on the Executive Committee and Board of Directors of Alfalit International. - o Diego Medina / Executive Vice President, Engineering & Construction. Mr. Medina has been involved with the company since 1990 as coordinator of all construction projects where he has excelled in construction related responsibilities that that has granted him an extensive and broad understanding of structural technology as well as highly developed managerial and organizational skills. In addition to comprehensive project management of some of the company's most significant developments Mr. Medina has managed upgrades, renovations, and maintenance construction on virtually every property within the company's extensive portfolio. A deep knowledge and experience in all phases of general contracting grants Mr. Medina the opportunity to realize the unique visions and concepts of the award-winning architects with whom the company works. Mr. Medina is a graduate from Florida International University where he pursued Mechanical Engineering curriculum and is a State-Certified General Contractor and Roofing Contractor. Mr. Medina served his country in the U.S. Marine Reserves during the 1980s. e 27 of 32 Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 e 11.11 Team Member Information & Primary Responsibilities o Developer / Owner: Mr. Joseph Milton 4M Investors, LLC / Est. 2010 J. Milton & Associates / Est. 1963 3211 Ponce De Leon Blvd. / Suite 301 / Coral Gables, FL 33134/305-460-6300 Minority Owned o Construction / Manaqement / Cost Estimator: Mr. Joseph Milton International General Contractor / Est. 1969 Subsidiary of J. Milton & Associates 3211 Ponce De Leon Blvd. / Suite 301 / Coral Gables, FL 33134/305-460-6300 Minority Owned o Architect: Mr. Ed Castineira Axioma 3, Inc. (dba Axioma 3, Architects) / Est. 1988 7418 SW 48 St. / Miami, FL 33155/305-667-6333 Minority Owned / Small Business / Small Disadvantage Business e 0 Structural Enqineer: Mr. Hector de los Reyes De Los Reyes Engineering, Inc. / Est. 1993 7418 SW 48 St. / Miami, FL 33155/305-667-6333 Minority Owned o MEP & Fire Protection Enqineers: Mr. Steven Feller Steven Feller, P.E., Inc. / Est. 1979 7418 SW 48 St. / Miami, FL 33155/305-667-6333 o Civil Enqineer: Mr. Rick Herrera Develotec, Inc. / Est. 2004 7418 SW 48 St. / Miami, FL 33155/305-667-6333 Minority Owned / Small Business / Small Disadvantage Business - o Landscape Architect: Mr. Barry Miller Savino Miller Design Studio / Est. 1993 12345 NE 6th Ave. / North Miami, FL 33161 /305-895-9082 Minority Owned / Small Business / Small Disadvantage Business 28 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 . o Specialty Consultant: Mr. Trip Knox International Aquatic Design / Est. 1986 41 Dayton St. / Danvers, MA 01923 / 978-767-8711 o Leqal Advisor / Attorney: Mr. Cliff Shulman, Esq. Ms. Estrella Sibila, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. / Est. 1991 2525 Ponce de Leon Blvd. / Suite 700/ Coral Gables, FL 33134/305-854-0800 12.0 Mana~ement Approach 12.1 Understanding the Project The Developer has been building in the South Florida area for numerous years and therefore understands the area and has assembled a team of professionals for the preparation of this proposal that meets the RFP requirements and best serves the City and the citizens in general. In addition, the Developer has also included in the team an Aquarium Entertainment expert that will guide the project as it relates to the latest design and display attractions in aquarium projects. . The Developer has built numerous large scale projects and is fully experienced in construction methods that are very similar or equal to the types of building that they routinely build. The Project Anticipated Land Use portion of the proposal submittal further explains the full understanding of the site the project and the governing regulations. 12.2 General Approach As Construction Manager, the firm operates as an extension of the Design Team and staff, participating in the project from day one as a key team member with the architect, engineers and consultants. The firm offers a controlled approach to project delivery that consistently results in cost savings and expedited project schedules. The key element to a successful Construction Manager is effective planning. Integrated design strategies and early involvement in the preconstruction phase allows the firm to establish project controls at the beginning of design development, addressing all issues that affect the constructability, cost and schedule of a project. Value management is offered throughout the project providing optimum value and quality. These methods places the construction professionals in a "partnership" with the entire team, facilitating conflict resolution, creative problem solving and a "one in, all in" project approach. . 29 of 32 Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 . The firm believes that the best road to obtaining successful project objectives is in establishing a strategic working methodology that ultimately provides the following benefits: . Reduce Project Cost . Decrease overall time in planning and design . Anticipate the time scheduling needs . Continuity throughout the project . Continuous control of the entire project Rooted in the deepest levels of the firm's core management is its commitment to service, which is the driving principle of a construction management responsibility. The firm's involvement from the earliest stages of design through the final close-out of construction ensures that all expectations are fully realized. This approach provides checks and balances for each team member, enabling important decisions to be made and programmed early. 12.3 Coordination of Team Members/Subcontractors . As the project transitions into construction, the staff moves with the project and the knowledge obtained during the pre-construction phase is transferred to actions in the field. At this point in the project, no one knows the specific issues and details of the project better than the construction team, who, through pre-construction activities, have been instrumental in each step and major decision along the way. This is a key element in facilitating information and knowledge to other sub-contractors and fabricators whom rely on the Project Managers to guide them throughout the construction. On site weekly meetings with all of the main trades provide an essential method of operation in coordinating efforts. In addition, the Construction Manager actively provides communications to the entire construction team via announcements and/or notifications sent to company e-mails. 12.4 Subcontracting Plan The Developer has an extensive record of building large scale projects and for many years has established solid relations with the area's most prestigious and successful companies and fabricators. These relationships are important in obtaining competitive bids and a "preferential treatment" nevertheless the firm always obtains several bids and remains vigilant with respect to costs and expenses. . All sub-contracts follow strict performance guidelines that are clearly established by the firm and, as part of the sub-contracting plan, the firm identifies minority owned and disadvantage companies and are invited to bid and participate on projects. 30 of 32 - e , Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 12.5 Estimating and Cost Control The firm has in-house professional estimators that become involved in the project since its design commencement. The constant evaluation of costs provides crucial information to the design team for their selection of material and/or detailing. It is standard company policy to provide a full estimate to managing staff and directors so that decisions can be better made in relation to the project budget and estimated construction cost. In the event of costs overrun, they are immediately identified and handled with design and/or material alternatives for consideration. In addition the estimating department as a standard policy always solicits a minimum of three competitive bids. 12.6 Scheduling and Schedule Control The most important aspect to scheduling is having a realistic and current understanding of material availability and labor conditions. The firm's estimating department is also responsible for preparing and maintaining an updated Project Time Schedule. Along with cost related meetings and discussions the project time schedule is also subjected to scrutiny and constant evaluation. The firm has strict compliance guidelines for performance from all sub-contractors that is not only based on an overall time schedule but broken down to weekly tasks accomplishments. In the event that any item falls behind the outlined schedule the constructions manager and project superintendant will immediately issue notices to the responsible party and immediately begin to strategies methods to solve the issue. 12.7 Design and Construction Control/ Assurance Plan As part of this important plan the firm implements weekly site visits and inspections by the project architect and engineers. These visits are crucial in identified any area that do not meet the design standards as outlined in the plans and specifications, which are immediately notified to the responsible party for correction. This task also includes the submittal and process of RFl's, which are submitted to the architect and engineers. As part of the Design-Build processes, the architect and engineers share (along with the developer) equal responsibility and interest in the project. It is crucial that these companies have an established working relationship and such is the case with the team that has been assembled for this project. 31 of 32 . e - Request for Proposal- "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8,2010 12.8 Substantiation Although this is an important aspect of Design-Build projects in the Aquarium portion of the project, the Owner is the Developer/Builder therefore all aspects of the design and construction will be agreed and validated prior to execution. With regards to the City portion of the project the developer and staff will implement all necessary presentations to have a clear understanding of the City needs. In addition, during the construction phase the developer will provide the periodic inspections and reviews to make sure that there are no unjustifiable deviations from the project scope and specifications. 12.9 Construction Site Utilization Plan A major aspect to this plan is the fact that the developer owns an office building across the subject project site and that is fully prepared to function as the construction office and staff facilities, including area for parking that will not interfere with the site operations. The Construction Site Utilization Plan is provided herein as Drawing A-104. 32 of 32 e Exhibit A Sunny Isles Clarification Requests e e e Addendum NO.4 CITY OF SUNNY ISLES BEACH DESIGN/BUILD AN UPSCALE LIFESTYLE CENTER CONSISTING OF A PARK, PARKING GARAGE, AND AN AQUARIUM AND HIGH END RETAIL SHOPS CITY RFP NO. 10-10-01 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. The responses to the questions are in red. e ,. Answers to Questions: 1. The text of the Land Development Regulations ("LOR's") indicates the base F.A.R. for the Town Center is 2.5, with a number of potential bonuses available. However Chart E which accompanies the LOR's shows that, for sites situated within the Sunny Isles Center Sub-district the applicable FAR can range between 1.5 to 3.5 depending on the lot width. Since only a portion of the entire property will be the subject of a ground lease, what is the base F.A.R. the City will apply for the property? Will it be based on the entire site or only the leased portions? Aquarium site must stand alone for FAR purposes. 2. A number of the bonuses mayor may not apply in this situation since only a portion of the property will be leased to the developer and some of the project's amenities will not be on the lessee's property, but will be on the City's property, although built by the developer. What bonuses are applicable if they are built on the city's property by the developer of the lessee's land? Aquarium site must stand alone for bonus purposes. 3. Confirm which street will be considered the "front" for zoning purposes based on the definition of "LOT LINES, FRONT." e Sunny Isles Boulevard Eastbound should be the lot frontage. . 4. Confirm the governing regulations for the Sunny Isles Center Sub-district (summary chart C, D, E OR the depiction of Diagram 01 on page 801 of the SIB code)? Please respond identifying the correct setbacks to the property line, pedestal, tower and penthouse as well as the required depth of the arcade. The governing regulations for the Sunny Isles Center Sub-District are defining by a series of charts. Chart C defines setbacks and amenities, Chart D defines building massing and Chart E defines lot width and FAR. Attached is Diagram 1 approved on 10/15/2009 LPA2009-59. This diagram does not have a penthouse and reflects the dimensions stipulated on the charts. 5. Confirm whether the Aquatic Park Complex, as a city-owned public park and NOT private property, is exempt from the City's noise ordinance, Ch. 193. Aquarium is a private operation. 6. Confirm whether the Aquatic Park Complex is deemed a "governmental agency facility" and thereby exempt from the Administrative Site Plan Review process pursuant to ~ 265-18(c)(7). No. . 7. Confirm whether the Aquatic Park Complex will need to be designed with the dual purpose of providing emergency shelter pursuant to FI. Stat. 255.042 No. 8. FI. Stat. 255.2575(2) requires all municipal buildings to be constructed to meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the Department of Management Services. Confirm whether the City requires green building certification by a third party (such as LEED certification) or only compliance with the Energy Conservation and Sustainable Buildings Act pursuant to FI. Stat. 255.251. If a third party certification is required, please confirm whether the respondent can select and travel under any of the aforementioned rating systems or whether the City is requiring a third party rating under a specific rating system. If the City is to select the rating system, please identify same. No. e 9. Page 14 of the RFP states that the "City of Sunny Isles will not charge a fee for the building permit required, but will charge all other fees, particularly re- inspection fees." Please confirm which fees are included as part of the "fee for the building permit required" and specifically whether the respondent will be responsible for the following fees: permit fees, as-built review fees, plan e modification fees, initial inspection fees, site plan review fees, fees associated with public hearing requests (variances, conditional uses, etc). The City will waive all building permit fees except fees charged by other governmental reviewing agencies. END OF SECTION e e w 0 <( z Z 0 ...J 0 {) ~ II 0 t- Z I C) ::> w 0 I ~ CO ::::> f- ~ U) X 0::: --l(/)_ <( <( l1J ~uJ~ W ~ ~ iJ')O::~ 0 wO- f . t- C1~~ , WOO.".. 0 Q.1OC::: > -J CO I en I- <-> Z <( w rn (f) ~ W -J <( en z z >- 0 ...J Z 0 () Z b ::> .- en b lI'l II l- I C) UJ } I ~ e ::l ~ a: .....JU)- ~ W ~UJ~ ~ t--::l ~ (l)O::~ ~ wo- @~g dl ~ Q.MC::: CO (ij t- Z o a::: LL >- ;a . e November 1. 20 10 VIA ELECTRONIC i'v1AIL & U.S. IvlAIL l'vlr. Rick Conner City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. FL 33160 Re: Request for Proposal ("RFP") for Aquarium/Park/Parking Structure ("Aquatic Park Complex") Dear Mr. Conner: In revie\\.ing the RFP. applicable state law. and the pertinent provisions of your land de\'elopment regulations regarding the Town Center District certain questions arise as a result of the unique circumstances of these properties and the proposed transaction. Thus. we would appreciate the answers to the following questions: - 1. The text of the Land Development Regulations ("LOR's") indicates the base F.A.R. for the Town Center is 2.5. with a number of potential bonuses available. However Chart E which accompanies the LDR's shows that, for sites situated within the Sunny Isles Center Sub-district the applicable FAR can range between 1.5 to 3.5 depending on the lot width. Since only a portion of the entire property will be the subject of a ground lease, what is the base F.A.R. the City \vill apply for the property? Will it be based on the entire site or only the leased portions? (1) Aquarium site must stand alone for FAR purposes, 2. A number of thc bonuses mayor may not apply in this situation since only a portion of the property will be leased to the developer and somc of the project's amcnitics will not be on the Icssee's property, but will be on the City's property. although built by the dcveloper. What bonuses are applicable if they are built on the city's property by the devcloper of the lessee' s land? (2) Aquarium site must stand alone for bonus purposes, 3. Confirm which strect will be considcrcd the "fronC' for zoning plll'poses based on the definition of"LOT LINES. FRONT," (3) Sunny Isles Boulevard Eastbound should be the lot frontage, e - lvIr. Rick Conner November 1. 20 I 0 Page 2 4. Confirm the governing regulations for the Sunny Isles Center Sub-district (summary chart C, D. E OR the depiction of Diagram 01 on page 801 of the SIB code)? Please respond identifying the correct setbacks to the property line. pedestal. tower and penthouse as well as the required depth of the arcade. (4) The governing regulations for the Sunny Isles Center Sub-District are defining by a series of charts. Chart C defines setbacks and amenities, Chart D defines building massing and Chart E defines lot width and FAR. I have attached Diagram 1 approved on 10/15/2009 LPA2009-59. This diagram does not have a penthouse and reflects the dimensions stipulated on the charts. 5. Contirm ,,'hether the Aquatic Park Complex. as a city-o\\ned public park and NOT private property. is exempt from the City's noise ordinance. Ch. 193. (5) Aquarium is a private operation. 6. Confirm whether the Aquatic Park Complex is deemed a "governmental agency 1~1cility" and thereby exempt from the Administrative Site Plan Review process pursuant to ~ 265- 18(c)(7). e (6) No. 7. ContiI'm whether the Aquatic Park Complex will need to be designed with the dual purpose of providing emergency shelter pursuant to FI. Stat. 255.042 (7) No. 8. fl. Stat. 255.2575(2) requires all municipal buildings to be constructed to meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized. high- performance green building rating system as approved by the Department of Management Services. Confirm ,vhether the City requires green building certification by a third party (such as LEED certification) or only compliance with the Energy Conservation and Sustainable Buildings Act pursuant to FI. Stat. 255.251. If a third party certification is required. please confinn whether the respondent can select and travel under any of the aforementioned rating systems or ,vhether the City is requiring a third party rating under a specific rating system. If the City is to select the rating system. please identify same. (8) No. . e lv[r. Rick Conner Novcmber 1. 20 I 0 Page 3 9. Page 14 of the RFP states that the "City of Sunny Isles will not charge a fee for the building permit rcquired. but \vill charge all other fees. particularly re-inspection fees." Please confirm which fccs are included as part of the "fee for thc building permit required" and specifically whether the respondent will be responsible for the follo\\"ing fecs: permit fees. as-built review fees. plan modification fees. initial inspection fees. site plan rc\'iew fees. fees associated with public hearing requests (variances. conditional uses, etc). (9) The City will waive all building permit fees except fees charged by other governmental reviewing agencies. In ordcr to properly address thesc items in ollr response package. we kindly request your written response as soon as possible. Should you have any questions or require additional information. please contact me at your earliest convenience. Very truly yours, e Clifford A. Schulman CAS! 1466007 cc: Ms. .lane A. I-lines, Clv[C. City Clerk 1\'[1'. Jorge Vera. Planning Director Mr. Hans Gttinot. City Attorney .Ioe Milton Ed Castineiro e - Exhibit B Miami-Dade County Impact Fee Assessment e e e e e NOV. 3.2010 8: 12RM ~. PROCESS :;: FOWO::: NO. 155 DEP,b..RTlvIENT OF PLAt\!N!NG Al'~D ZONING IMPACT FEE ASS~SSM2!\lT AQUATIC .0 3122140070030 SA TC:i: 35523 SITEAD:::R1;SS: ~~5 ~UNN'1 rsu:s~..~.CUA iiC F2EPA VER: TEST ONL V CASHIER CHECK FEE DIST. CAT. TYPE 10 CODe CATEGO:;Y w;;SCRI?Ti0:'; U~!TS COLLECTION NO.: DATE: 11IU312010 FEE P.2 _.~'-'.._'-'~'-'_'_'_3_'_._.~'-'~.~~~~~.~~~.~~~W~~_I~~~y~._._._..._._._._._._ ~".A -r~ : I.....~/...., EXTENDED Ar,lOUNT FIRE FIRE ROAD ROAD rFSRP _0002T 1.0 1.0 3.1 3.1 2009 2003 82J 520 00 00 03 01 RET AILJ.'UB A~:AS'l'i10TEL RETAIL'?lJS ASM3Vf.-10TEL GE~.ER.'-L RET A!!. (~00-200 KS=) GEt\ER~~ RET,;:L (iO.SO KSF) -37,')',; . ~ . -r.", J I':';'I.J~: -27,013 0.4035 0.3880 7.1241 4.9174 TOTALAMT. DUE' 46.210.03 .g,360.34 515.873,30 -152,C07.0~ S565.715.90 e . . NOV. 3.2010 8:12AM . . NO. 155 P.l' ~lAMI'- amm" DEPARTMENT OF PLANr.JING ftJ~D ZONING l~nDACT r-!=~ " ~<:::ESC::M',~i\I~'- lVI' j __ "-,"",U w. ._1 ! PRocess t:: CliY .Q FOLIO #: j122i~0070030 FEE?AYER: T2Si ONLY CASHIER CH2CK BATe,,;: 3:>:23 COLLECTION NO.: srTE .';0~;;ESS: ~. 5 .su:\;~y rSL~S E~ v(;.{;r;)' DATE: 1110312010 FEE DIST. CAT. TYPE ID COD!; CATEGO::;Y Cc:SCRI?TlO:-< U:\ITS FE:: EXTENDED A",aUNT _'_'_'M'_'_._t_'_'_'_~_'_'~~_'_'~.~._'~.~'~;~I~'~.~.~.~.~'_'_'_'_'_'_'_'_'_'~ FIRE 1.0 2009 00 RET AllJ.'U8 AS:,~3i';HOiEL ~9.00:: 0.4 OS5 7.e66.50 FIRE 1.0 2003 00 REi AllPUB ~f;;'';;: '{;HOTEl -3,02: 0.3sao -2,337.97 ROAD 3.1 a20 03 G:.;rJEF-~L R::T.:':' :,00.200 KS.=} ',~JD) 7.1241 135,357.90 ROAD 3.1 e20 01 G1:~;eF.'L R~.:.;L (;.:J-50 KSF) ~..J28 4.8475 .23,210.74 l'JiAL AMT. DUE : $111.475.69 IFSRP_0002T e Exhibit C Miami-Dade Water and Sewer Fees e e I . NEW BUSINESS SECTION -,. ! Descrlpllon: ER# or PS#: Feet I GPO: Rate: 'I' Sub Total: Date Collected: Int. From Date: No Of Days: Int Rate: Interest: I ,--- ---~--i --~- j ! TOTAL: - r:::6t l..GPDfd ;.,:;{'. -~'..';;?~.n.!~~;j': '. -::~':::.:~-Desc(iptr6ri 'j I' 53358 :COI;n Chg----WASD Se\:..er- - I 1 I ---------- ----. . I 1 I .-- _.__..0 --1 I ~ i I 1 I ~ I 1 I 1 - 00, I -.-. - ----.- ,.-. - r------- i V: Unit Price' ?I'~(' Amci1,1I1t.. ".1 ! 5.6 $298,804.80 I so.oo I $0.00 I $0.00 $0,00 SO.OO SO.OO so.oo SO.OO $0.00 5 ' 5.0 .,..:...:.r.:.... . .!".':::'.:.~;.::.;:F:;,;:';::; :Y"at~~Dep<:~~__ _________. .__._ :Sewer Deposit _---L_ Item TOTAL: l_~~~~~4'~~J 5298,804.80 J Grand TOTAL: Notes. ,SEWER CC'S FOR 69,271 SF EXHIBITION AREAS, 24,340 SF RETAIL, 31,539 SF RESTAURANT. 1.000 SF ,COFFEE SHOP, 20.784 SF OFFICE. 19,456 SF BALLROOM HALL & PARK W/400 VISITORS @ SUNNY ilSlES BEACH AQUARIUM & PARK (SISA). THIS FIGURE IS AN ESTIMATE BASED ON SCHEMATIC CONCEPT PLAN SUBMITTED TO THIS OFFICE AND DOES NOT INCLUDE CC'S DUE FOR IMAX ;THEATER LOCATED ON THIRD LEVEL (NUMBER OF SEATS NOT SHOWN ON PLAN), PLANS STAMPED AND SEALED NEEDED FOR ACCURATE ASSESSMENT OF PROJECT. ! >Rales Subjc-clto Chande This is ~Jcl an Ir,veke,"' >NOTE'Any amounts due of .20.000 0:1 or ~reale' must te paid ,::,th a Cashier's Gha" ~ Printed on 11/3120104:38:58 PM By: Ixg . . Exhibit D Irrevocable Stand-By Letter of Credit & Authorization for Release of Information e - . INTERCONTINENTAL BANK 5722 SW 8th Street, West i\liami, Florida 33144-5034 PO Box 0158, l\liami, Florida 33144-0158 Telephone: 305-263-7900 . Fax: 305-263-9866 1\' ovember 2, 20 I 0 City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33160 Attention: ~vlr. Rick Conner, City ~'Ianager Re: Irrevocable Standby Letter of Credit 1\'0. 20 I 0-0-1 -livl Investors, LLC - Gateway Park Project Bid Deposit Q; 1''' t. '~"Gentlemen: c=-~ C,By order of Jose ivlilton, individually and!or as Trustee of J;-"IF Trust, we establish our Irrevocable Standby Letter (:9f Credit Number 2010-04 dated November 2, 20 I 0 for the account of 41'd Investors LLC, a Florida Limited .-1~iability Company and, authorize you to draw on us up to the aggregate amount of Three l'.[illion Five Hundred ~.:thousand and 00/100 Dollars (S3,500,000.00), available by your drafts at sight and accompanied by the following iAlocument(s ): . Certificate from the City of Sunny [sles Beach ("City"), signed by its City i\lanager, stating that: ~ '-. i:=.: _' a) The proposal submitted by 4;\-[ Investors LLC to the City in response to that celtain Request for Proposals ("RFP") issued by the City on October 6, 20 I 0 for the Design/Build for an Upscale Lifestyle Center consisting of a Park, Parking Garage, and an Aquarium and High End Retail Shops to be located on an approximately 3.5 acre site on Sunny Isles Boulevard adjacent to State Highway A-I-A (also known as Collins Avenue) ("Gateway Park Project") was duly accepted by the City pursuant to the terms and conditions of the RFP; and O:;::~ ~3 b) After said acceptance by the City, -1;\-1 Investors LLC failed to comply with the requirements of the bid process pursuant to the teJl11S and conditions of the RFP. This Letter of Credit shall be valid until November 2, 20 II, and shall thereafter be automatically renewed for successive one-year periods upon the anniversary of its issue, unless at least sixty (60) days prior to any such anniversary date we notify in writing to the City rvlanager of the City of Sunny Isles Beach, ] 8070 Collins A venue, Sunny Isles Beach, Florida 33 I 60, that we elect not to renew this Letter of Credit. Upon receipt by you of such notice, you may draw hereunder your draft drawn at sight on us. Said draft accompanied by a Certificate, duly signed by the City Manager of the City of Sunny Isles Beach, stating that this Letter of Credit is in full force and effect as of the date of the non-renewal notice. - Intercontinental Bank - Irrevocable Standby Letter of Credit No. 2010-04 dated November 2,2010 - Page I of2 - e e We hereby agree with you that all draft(s) drawn under and in compliance with the terms and conditions of this credit shall be duly honored upon presentation to the drawee. Drafts must be drawn and negotiated not later than NO\'ember 2, 20] I, or the last day of any renewal period. Each draft must state that it is "Drawn under Intercontinental Bank's Irrevocable Standby Letter of Credit No. 20 I 0-04 dated November 2, 20 I 0". We hereby agree with the drawers, endorsers, and bona fide holders of all draft(s), under and in compliance with the terms and conditions of this Letter of Credit, that such drafts will be duly honored upon presentation to the drawee. Except as otherwise expressly stated herein, this I ,etler of Credit is subject to the Uniform Customs and Practice for Documental)' Credits, established by the International Chamber of Commerce, as in effect on the date of issuance of th is Letter of Cred it. i~LL,0;7 Philil5:..S-.Qlaran/ Senior Vice President w~ Intercontinental Bank - Irrel'ocable Standby Letter of Credit No. 20 I O.O~ dated November 2, 20 10 - Page 2 of 2 - AUTHOIUZA TION FOR RELEASE OF INFORMA TrON To whom it may concern: The undersigned hereby authorizes you to release to the City any information in your possession regarding the undersigned either of a professional credit or personal nature including the tatement of your opinions with regard to the undersigned's professional credit a 'S nal character. e THh~ORjlGOING INSTRUM Twas ae' wI edged before me this6~ay of Vvltbll2010, by -- ~ /L'~iJ who is pei'sonally known to me or who has respectively produced as identification and did not take an oath. ~ / Notary Public: ~~d/~ Print Name: ~~,c:; -1'17,#fP~ Commission No.: .D~ ~ ~/5? (SEAL \ Mv, Conunission Expires: ""~~'::"" BeatT\z-saqueoano ""A~"{.tt?', f~t~. "'~\COMMISSION#DD686137 -~. .<: ~:.->,;;........;t'~EXPIRES: JUN. 17, 2011 ',,:('" Of f\.C) ...... '1""""",, WWW.AARONNOTARYcom Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: e RFP Aquatic Entertainment Center 19 - Exhibit E Feasibility Study - e . Market and Financial Feasibility Study for a Proposed Aquarium in Sunny Isles, Florida Prepared for: Axioma 3a rch itects e Prepared by: International Aquatic Design, Inc. August 23, 2010 41 Dayton Street Danvers, MA 01923 978-767-8711 / FAX 978-767-8717 W\NIN .aq uaticsqrou P .com . e e . The following proposal is for the Consulting Services: Venue / Attraction Report: 1. We will provide a "shopping lists" of venues, attractions, experiences, and possible animal environments that can be considered for implementation in the project. 2. Each item on the list will include the following: a) Brief description of venue with photo. b) Description of the equipment required to operate the venue (provide photo if available). c) Estimated initial investment cost to implement venue or attraction (including installation and equipment costs). d) Estimated monthly costs to operate. e) Estimated income revenues (per ticket sale). Master Plannin2: 1. We will review and provide comments on the existing Schematic Design drawings in relation to the list of venues and attraction recommendations. 2. We will provide any applicable recommendations in relation the site plan and building plan layout. Meetin2s: 1. One initial meeting to become familiar with the site and the project in general. A copy of the Schematic Design package will be available and provided during the meeting. 2. One follow-up meeting to review Consultants Report and discuss recommendations. This meeting will also function as a "brainstorming" session in order to determine the best venues and attractions for the project. Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 1 e Section II SUMMARY OF FINDINGS AND RECOMMENDATIONS This section of the report presents a summary of the findings and recommendations of the market and financial feasibility study for an aquarium proposed for Sunny Isles Beach, located in Florida, at the eastern edge of the county. Only the salient highlights are presented in this section. Subsequent sections present documentation in support of these findings and recommendations. THE AQUARIUM CONCEPT An aquarium is a combination of marine exhibits, various bodies of water that combine to provide an exciting, educational interactive entertainment experience. Since its inception in the United States in the mid-1950s, the aquarium industry has increased in sophistication and complexity, and management within the aquarium industry has been elevated to a higher level of professionalism. This concept continues to expand, into smaller municipal projects. In accordance, the aquarium exhibits have continued to evolve, becoming more interactive and creative, with adding a balance of amenities and other activities for all ages. e THE PROPOSED SITE The site intended for the proposed aquarium is the Sunny Isles Beach area, which is located just north of Miami Beach / Bal Harbor area and just south of A ventura Florida on the coast. The entire property will consist of I OO,OOO-square- foot center, although only half the property will be required to develop the proposed aquarium the other halfis for parking and retail. THE MARKET The primary market from which the proposed aquarium will derive the bulk of its support is the residential market within 100 miles of Sunny Isles Beach. The population of this market area is currently estimated to total 5,637,157; however, more than 50% of this population resides within 50 miles of Sunny Isles Beach. Therefore, the challenge for the proposed aquarium is to formulate a strategy to penetrate this entire market and even reach Orlando tourist market. COMPETITION e Miami Sea Aquarium Sea World Parks The Florida Aquarium Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 2 . ATTENDANCE POTENTIAL Based on the available markets, the competitive environment, the school year schedule and location, we project the attendance potential for the proposed aquarium to be in the range of 445 thousand in 2012 (the assumed first year of operation), increasing to 500 thousand. To accommodate second year attendance, the proposed aquarium should be designed to comfortably hold 1,500 guests on the peak days of the week in 2013. REVENUE PROJECTIONS Based on projected attendance and estimated per capita expenditures, revenue for the proposed aquarium is projected at $30.7 million in 2012, $3 1.9 million in 2013. OPERATING EXPENSES Our projections of operating expenses are derived as a percent of projected revenue. These projections should be considered preliminary and subject to refinement during the planning process. Operating expenses are projected at $19.1 million in 2012, $19.2 million in 2013. NET OPERATING INCOME . Net operating income, the difference between revenue and operating expenses, is projected at $1 1.7million in 2012, $12.7 million in 2013. VENUE AND ATTRACTION In order to meet the projection outlined above, the following exhibits and attractions would need to be developed: Shark Reef Tank Penguin Encounter Sea Ray Experience Sea Bob Exploration Jelly Fish Exhibit Sea Horse Exhibit IMAX Theater Bird Show Shell Fish Touch Trolley System Ocean Catamaran Intracoastal Tour Boat Tidal Pool Sea Lion / Seal Encounter Sea Trek Interactive Spray Deck Gift Shop Photo Shop Snack Bar/Restaurant Banquet Facility Everglades Exhibit Multi Aquarium Tanks Etc . Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 3 Section III THE AQUARIUM CONCEPT e This section of the report presents an analysis of the aquarium concept in the United States. Planning Parameters for Aquariums There are a number of parameters that require attention for an aquarium to be successful. These are discussed below. Scale of Development An aquarium must have the proper scale of development if it is to achieve the optimum level of success. Scale relates to aquarium capacity. As will be shown later in this report, the scale of a aquarium must be consistent across the board regarding both entertainment components and support facilities including exhibits, food service, gift shops, etc. If the scale of an aquarium is too small, the capacity of the facilities will be taxed and over-crowding will result in less than optimal attendance. If the aquarium's scale is too large, capital investment will have been wasted resulting in diminished profitability. For these reasons, an aquarium should have a master plan that allows for timely aquarium expansion in response to market demand. Requisite Investment Level .. There is no single figure that represents the level of investment required to develop an aquarium. Clearly, there are aquariums of different scales of development. However, there are minimum and maximum parameters for development budgets. A rough rule of thumb holds that an allowance of $1 0,000 is required for each unit of entertainment capacity in an aquarium, excluding land costs. Thus, if an aquarium is developed with a capacity to accommodate, say, 1,500 attendees, then the cost of improvements is likely to be in the range of $ I 5 million. In fact, if much less than this amount is spent, there is some question as to whether the aquarium will have sufficient entertainment value to qualify as an aquarium. On the other hand, there is a limit regarding the upper range of investment for an aquarium. In our experience, there are very few markets that can justify an investment level for an aquarium above $20 million in entertainment development (excludes building structure) . Before a project reaches the "bricks and mortar" stage, it is absolutely imperative that the project have a feasibility study and a master plan. We have noted that the scale of aquarium components be consistent with one another. This consistency is necessary to insure that the aquarium's development program make judicious use of capital investment. We have witnessed unfortunate cases where this was not the case and the aquarium's development budget did not square with the project's end product. - Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 4 . . e Length of Stay Length of stay is a critical factor to the operation of an aquarium. Length of stay, as measured in hours and minutes, is an indicator of the entertainment value of an aquarium. Depending on the number of attractions offered at an aquarium, length of stay ranges from 4 to 6 hours. Length of stay is an important factor to an aquarium for two reasons. First, length of stay determines the effective market area of a given aquarium. As a general rule, the radius of an aquarium's market area, as measured in driving time, is approximately one-fourth the average length of stay of that aquarium. For example, an aquarium with an average length of stay of four hours can be expected to draw from an effective market area extending out approximately one hour's driving time. This relationship explains the reason that aquariums draw from a more extensive market area. The second reason that length of stay is important to an aquarium is its correlation with per capita spending patterns. It is a well-established fact that per capita spending, which is comprised of admissions plus in-aquarium spending, increases as the length of stay at an aquarium increases. More specifically, per capita spending at an aquarium increases at a rate of roughly $4.00 per hour. Thus, an aquarium with an average length of stay of 4.0 hours can be expected to engender total per capita spending of $16.00, while an aquarium with a five hour length of stay might have per capita spending of $20.00. This correlation should be viewed as a rough rule of thumb rather than a hard and fast formula, since there are intervening factors that can result in higher or lower levels of spending in different markets. Diversity of Entertainment In addition to scale of development, another important consideration in the planning of an aquarium is diversity of entertainment. In the early years of the aquarium industry, the value of diversity of the entertainment experience was not fully appreciated. In that regard, some of the earliest aquariums did not strive to achieve optimum diversity. Aquariums today offer other venues consisting of water park features, sea tours, guided tours, interactive equipment and shows. Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 5 Project Description II The Aquarium will be themed as an operating Marine Laboratory serving sea life. All Staff will be dressed in appropriate clothing and the operations of the lab will be both interactive with visitors and visual. 1 sl Floor 90% of the mechanical functions of filters, pumping, ozone/UV, protein skimmers and aerators, associated piping and electrical will be visual to the public. There will be gauges, controls, quarantine and relaxing tanks throughout the facility. There will be actual labs for food preparation, water quality control, medical attention, fish farming, agricultural/ plant life, intertidal ecology, biological health, Bob/Helmet diving equipment repair, etc. On the first level there will be 3 labs. A large reef tank with black-tip reef sharks, amberjack, black drum fish, spade fish and rays; a shark encounter walk-through tunnel; variety of colorful sea life and continuing up 3 floors with a walking ramp along the back side of the tank. This level will also house the majority of the filtration, pumping and treatment equipment visual to the public. Other interactive exhibits will include a sea ray encounter and penguin play yard. Visitors will be able to actual touch and interact with the sea rays and penguins and learn from the attendants about their day to day life. e Another unique exhibit is these two large ceiling tanks with clear bottoms hanging through the ceiling. One tank will be jelly fish, the other is sea horses and similar species. These tanks transition up into the lab area on the second floor and are open on the third floor. This area would also have a gift / merchandising and photo 'pick-up' shop located near the exit of the aquarium. Within the shop, is a clown fish tank and similar species. The last exhibit on this level is a Sea-Bob adventure pool with interactive computer activated controlled fish, sharks, rays, dolphins, reptiles and seals. Each visitor will be allowed to change into a bathing suit, ride the Sea-Bob into the tank and experience sea-biking with the fish and computer operated sea life. The pool will be indoor/outdoor and the outdoor area will be an everglade exhibit area; reptiles will be interactive with customers who will be walking and experiencing swamp life aquatics. 2nd Floor Walking up the ramp around the reef tank you arrive at the second level and to your right there will be 3 more labs. These labs also have cylinder tanks that exhibit the jelly fish and sea horses as seen on the first level in the ceiling. e The reef tank offers a full view of the sharks, sea turtles and other reef species in the middle of the tank. It is here where the trainers dive the tank and come up to the glass and talk to the kids and visitors Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 6 e - - about the reef species. Throughout the second level there are more interactives and viewing of turtles, octopus, squid, tide pools for tots and a sea lion / seal show and play pool. Another area exhibits the shell fish, lobster, shrimp, conch, snails, clams, mussels, crabs, etc. and a large barracuda tan1c This floor also has the Sea Trek diving pool starting on this level and going through to the 3rd level. 3 rd Floor Following the ramp to the third floor we arrive at the top of the tank. There is stadium seating, walking bridge across the reef tank for diver operation and trainer seating area. Throughout the day, Staff will teach the visitors on the reef life, feedings, answer questions and a show with a large screen a movie on a semi circle screen. There will also be bird shows at specific times so there is always activity in this area. Behind the seating area there are multiple chambered jewel tank exhibits with Giant Pacific Octopus, Lion Fish, Stone Fish. There are also two labs for sea bird rehabilitation and aquatic gardening. There are two cylinder tanks coming up through the floor that were seen on the first and second level for jelly fish and sea horses. Additionally, there is a third lab for Environmental Impact with tanks and dioramas. The IMAX Theater will be located on the third level behind the reef tank. And for the ultimate experience, you can enter the Sea Trek Adventure, a two-story tank in the front of the building that allows you to helmet dive a tank filled with shimmering multi color fish, stingrays and magical sea life. A cable lift system will be used to ensure bathers are lowered properly into the tank. Outside on the roof deck and restaurant area there is the last interactive fish fantastic spray deck consisting of lighted synchronized sprays, seal slide, octopus swing and whale, dolphin and crab climb- ons. Although all ages can interact and cool off in the fountain sprays, the area is gauged for 12 years and under group. Changing for all the water interactive is located on the second level with access to all the water activities on the 1St, 3rd, and top level. The last exhibit is another oval shaped aquarium tank located in the restaurant with large Indo-Pacific coral fish community and colorful sea life. Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 7 e e . Section IV SITE ANALYSIS This section of the report presents a description of the Sunny Isles Beach Aquarium, including a summary of facilities, location and description of area. Facilities Sunny Isles Beach Aquarium is situated on land located in Sunny Isles Beach, Florida. Conceptual design plans call for a three-story, I OO,OOO-square- foot center. It would be housed at 151 Sunny Isles Beach Blvd., the present site of a city-owned retail complex. Education Sunny Isles Beach is within the Miami-Dade County Public Schools system. All of the schools that serve Sunny Isles Beach are located in unincorporated Miami-Dade County. Sunny Isles Beach has 3 Elementary Schools, 1 K-8 Center, 1 Middle School and 2 High Schools. Infrastructure The primary road route for Sunny Isles Beach is Collins A venue running North and South, and Sunny Isles Beach Blvd running East and West through the community. LOCATION Sunny Isles Beach is a city located on a barrier island in northeast Miami-Dade County, Florida, United States. The City is bounded by the Atlantic Ocean and the Intracoastal Waterway on the west. Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 8 - e e Table #1, below, shows the major areas around the Sunny Isles Beach Aquarium area and the distance and driving time from each of these areas to the Aquarium. As shown, the nearest areas are Miami and Fort Lauderdale, located within 45 miles of the Aquarium, with a driving time of less than one hour. Table #1 DISTANCES AND DRIVING TIMES TO CITIES SURROUNDING THE SUNNY ISLESS BEACH AQUARIUM AREA City Distance (Mile) Driving Times Site 0-5 : 15 Miami 5-15 :15 Fort Lauderdale 15-45 :30 West Palm Beach 56-75 l: I 0 VISITATIONS TO FLORIDA AQUARIUM AREA Although the demographics are not identical to those of aquarium attendees, an evaluation of visitations to Florida, a tourist area, is helpful in gaining an idea of the attendance level that might be achieved by the proposed aquarium. We have not included any tourist numbers other than residents of the surrounding condo market. Tourist numbers could affect the revenue projects. Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 9 .. e e Section V MARKET ANALYSIS This section of the report presents an analysis of those factors that can be expected to have an impact on the marketability of the proposed aquarium. These include market area demographics, competition and the school year schedule. MARKET AREA DEMOGRAPHICS We have defined the residential market area to be a 100-mile radius from Sunny Isles Beach Aquarium. Typically, we define an aquarium's market area as a 70-mile radius, since market penetration beyond 70 miles is extremely low. However, the population beyond 70 miles of Sunny Isles Beach Aquarium is so immense that even a miniscule rate of market penetration is significant to the attendance potential of the proposed aquarium. The four categories of demographics to be considered are as follows: . Population levels and trends . Per capita incomes . Ethnic composition . Age distribution These will be discussed, in turn, below. Population Table #2 presents a summary of population levels and trends for the market area from which the proposed aquarium is expected to derive substantial support. Shown in the table are population data for 2009. These data items are shown for distance bands extending out to 75 miles. As reported, the population of the market stood at nearly 5.6 million. As shown in Table #2, population data is presented in four segments or distance bands. At present, the area immediately around the proposed site - the area out to fifteen miles - accounts for 2,498,285 people. By comparison, the area within 16 to 45 miles of the proposed site has an estimated population of 1,787,636. As distance from the site increases, so does population. Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 10 Table #2 CITIES WITHIN 75 MILE RADIUS e Location Florida Province, Sunny Isles Beach City Site Miami Fort Lauderdale West Palm Beach Distance (Mile) Population Driving Times 0-5 19,540 : 15 5-15 2,478,745 :15 16-45 1,787,636 :30 56-75 1,35 I ,236 1: lO Table #3 YEARLY INCOME PER HOUSEHOLD Income The median income for a household in the city was $31,627, and the median income for a family was $40,309. Males had a median income of$36,893 versus $28,207 for females. The per capita income for the city was $27,576. About 11.2% of families and 14.7% of the population were below the poverty line, including 18.9% of those under age 18 and 12.2% of those age 65 or over. e Ethnic Composition As of 2000, Spanish was the mother tongue for 40.07%, while English was spoken by 36.86% of all residents. Living up to its nickname of "Little Moscow," 7.36% of the population had Russian as their first language. Other languages included French (4.08%), Yiddish (2.62%), Hebrew (2.42%), Portuguese (2.00%), Polish (1.37%), Hungarian (0.93%), Italian (0.69%), Arabic (0.65%), Gennan (0.55%), and French Creole (0.34%).L2.l As of 2000, Sunny Isles Beach had the twenty-first highest percentage of Brazilian residents in the US, with 1.5% of the US populace (tied with several other places in the US, including Kev Biscayne.)UQ] It had the fifteenth highest percentage of Colombian residents in the US, at 6.07% of the city's population,illJ and the forty-fifth highest percentage of Cuban residents in the US, at 9.75% of the city's population. ill] It also had the seventeenth most Israelis in the US, at 1.7% (tied with Oius,)lliJ while it had the twenty-ninth highest percentage of Peruvians, at 1.77% of all residents.lliJ Sunny Isles Beach's Romanian community had the sixteenth highest percentage of residents, which was at 1.5% (tying with several other US places, such as Dover, Florida.)illJ It's also home to the sixth highest percentage of Venezuelan residents in the US, at 1.96% of the population.lliJ Also, as of2000, the six main ancestries of the population were 18.2% Russian, 13.6% American, 12.5% Italian, 5.5% Polish, 4.5% English, and 2.3% German.ill e Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 11 . Market Area Age Distribution In the city the population was spread out with 11.3% under the age of 18, 5.4% from 18 to 24, 26.9% from 25 to 44, 24.3% from 45 to 64, and 32.2% who were 65 years of age or older. The median age was 50 years. For every 100 females there were 86.3 males. For every 100 females age 18 and over, there were 83.6 males. Table #4 Market Area Age Age 0-18 18-24 25-44 45-64 65 and older Percent of population in area 11.3% 5.4% 26.9% 24.3% 32.2% Gender The Median age was 50 years. For every 100 females there were 86.3 males. For every 100 females age 18 and over, there were 83.6 males. Competition Miami Sea Aquarium Sea W orId Parks The Florida Aquarium . THE SCHOOL YEAR The most influential factor in dictating the patterns of attendance at an aquarium is the local school year schedule. This is true for two reasons: (I) the target market for an aquarium is the segment of the population under 15 years of age; and (2) most of the staff of an aquarium are attending college. In Sunny Isles Beach, most schools recess for the summer around June 15th and reconvene classes during the first week after Labor Day. It is important that the aquarium work closely with the surrounding schools for their group business during the school schedule. This revenue is combined with season passes and is 20% of the revenue of the aquarium. . Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 12 - Section VI PROJECTED ATTENDANCE AT THE PROPOSED AQUARIUM This section of the report presents our projections of attendance at the proposed aquarium. First, we will project seasonal attendance, followed by projections of attendance patterns and projections of facility requirements. MARKET PENETRATION Table #6 presents a summary of market penetration rates at three private sector aquariums in the United States. (United States aquarium information was used as there is no comparison in Sunny Isles Beach.) While there are differences in the actual rates among the three aquariums shown in Table #6, the patterns of market penetration are similar, with the highest rates shown in the close-in zones. We are of the opinion that the Client should have as its goal the achievement of market penetration rates in the range shown in Table #6. - 0-5 Table #6 MARKET PENETRATION RATES AT SIX EXISTING AQUARIUMS IN THE UNITED STATES 5-15 15-45 45-60 Aquarium A Aquarium B Aquarium C Miles 60% 68% 44% Miles 39% 24% 20% Miles 10% 13% 9% Miles 7% 8% 5% PROJECTED ATTENDANCE Table #7 (page 14) presents lAD's projections of attendance at the proposed aquarium for two years of operation. It may be noted that the first full year of operation is assumed to be 2012; the earliest year that the Client believes the aquarium can be open. lAD's estimates of market penetration rates for each market segment and the lower part of the table shows the level of attendance projected to be derived from each market segment. - Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 13 . . . Table #7 PROJECTED ATTENDANCE AT THE PROPOSED WATER PARK 2012 Market Population (000) o to 5 Miles 5 to 15Miles 15 to 45 Miles 56 to 75 Miles Estimated Market Penetration o to 5 Miles 5 to 15 Miles 15 to 45 Miles 56 to 75 Miles Proiected Attendance(OOO) o to 5 Miles 5 to 15 Miles 15 to 45 Miles 56 to 75 Miles Total Attendance 19,540 2,478,745 1,787,636 1,351,236 25.0% 10.0% 7.0% 5.0% 4,885 247,875 125,135 67,562 445,456 Market Population By Segment As noted, the top portion of Table #7 presents projections of population for each of the market segments, which lAD considers potential sources of attendance for the proposed aquarium. Population of the residential market area is based on the driving times presented in Table #1 (page 9). Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 14 , Market Penetration Rates Since attendance projections in this analysis are derived as the product of market population and market penetration rates, it is appropriate to discuss the concept of market penetration rate and how such rates are derived in this context. First, it is appropriate to provide a proper definition of market penetration rate, or "MPR". Market penetration rate can best be described by the equation MPR = PR x FY, where PR is participation rate and FY is the frequency of visit. Thus, if an attraction has an MPR of 50 percent, that rate might be derived by having a PR of 1.0 percent and a FY of 50, or a PR of 5.0 percent and an FY of 10. To ascertain what combination of factors is most appropriate, it is necessary to appreciate what factors impact PR and FY. These are discussed, in turn, below. With regard to PR, or participation rate, the dominant factor is breadth of market appeal. Aquariums have the .bTfeatest breadth of market appeal of any form of recreation in which the world participates. On the other hand, amusement parks, movie theaters and museums rank equal on most people's lists. Thus, on the basis of breadth of market appeal, aquarium would have a equal PR, compared to the other activities cited. The second factor impacting the market penetration rate, or MPR, is frequency of visit, or FY. There are two factors that impact FY. The first is the consumer's opportunity. The phenomenon known as . the "distance decay factor" implies that as distance from an attraction increases, MPR decreases. The reason for this is a lower frequency of visit brought about by decreased opportunity. For example, a person living 50 miles from an attraction has less opportunity to visit an attraction than another person living one mile away. Another reason for lack of opportunity is lack of time. This is particularly applicable to a tourist market: if a tourist's length of stay in an area is one night, a choice must be made among available options, whereas, such a choice is much less critical if the tourist is staying in the area for several days. Table # I (page 9) shows the driving times to the aquarium that impact the MPR. Another factor impacting FY is the nature of the entertainment experience. It is a universal axiom that recreation of a "participatory" nature will have a higher FY than one with a "spectative" nature. Thus, consumers will visit a wax museum once but will play golf at every available opportunity. With regard to the proposed aquarium, lAD is of the opinion that the concept has the potential for relatively broad market appeal among families, children and pre-teens. On the other hand, the concept is not as likely to appeal to teens and older adults without children living at home and who may have other interests. With regard to FY, or frequency of visit, the potential exists for substantial repeat visits, given the multitude of activities envisioned at the proposed aquarium and their participatory nature. e Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 15 In deriving the market penetration rates shown in Table #7 (page 14) we have taken into account the following factors. - . Competition from existing attractions . Income patterns in the market area . Age distribution in the market area . Ethnic mix of the market area As shown in Table #7, lAD estimates a market penetration rate of 25 percent in the 0 to 5 mile zone, beginning in the first year. In the 5 to 15 mile zone, a lower market penetration rate of 10 percent in the first year, increasing to 12.0 percent by the third year. In the 15-45 mile zone, lAD has estimated an even lower set of market penetration rates, beginning with 7.0 percent in the first year and increasing to a stabilized rate of 9.0 percent by the third year. In the 15 to 25 mile zone, lAD has estimated the penetration rate beginning with 4 percent in the first year, increasing to 6.0 percent by the third year. lAD has estimated the penetration rates for the 45 to 60 mile zone at 2.0 percent in the first year, increasing to 4.0 percent in the third year. Projected Attendance The lower part of Table #7 presents lAD's projections of attendance at the proposed aquarium, which is the product of market segment population multiplied by the corresponding market penetration rate. As shown in the table, total attendance at the proposed aquarium is projected at 445 thousand in /I 2012, increasing each year to 500,000 in 2013. ./ In addition to the entertainment elements, the proposed aquarium will require certain support elements. lAD has identified several types of support facilities that should be included in the proposed aquarium. Many of these items can be added incrementally, as demand dictates. Other elements, such as buildings, are ordinarily developed in the first phase of development but built large enough for future demand. A trolley System will be used to transport guests from auxiliary parking locations from boat dockage and from hotels along Collins Ave to the aquarium. This transportation system expands the parking to 400 spaces. This same system will be used to provide guided tours of the beach area. The boat tours will operate from a intracoastal location on Sunny Isles Blvd. under the bridge. From here aquarium guests can board tours of the ocean and intracoastal to learn about the sea life in these areas. . Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 16 . Section VII FINANCIAL ANALYSIS OF THE PROPOSED AQUARIUM This section of the report presents an analysis of financial performance of the proposed aquarium. Included in this section will be a discussion of revenue potential, aquarium operating expenses and net operating income. REVENUE This sub-section presents an analysis of projected revenue at the proposed aquarium. Revenue is a function of two factors: (1) the number of attendees attracted to the facility; and (2) the level of expenditures per attendee that the facility is capable of generating. The proposed aquariums annual attendance potential was presented in Table #7 (page 14). The second factor, per capita spending, is addressed in the following sub-section. Per capita expenditures fall into two broad categories: admissions and in-aquarium spending. These are discussed, in turn, below. As a basis for establishing admission prices for the proposed aquarium, lAD reviewed current _ admission rates spent for other entertainment values in Florida. We believe that admission rates at the proposed aquarium should mirror the rates of premium entertainment values. We can expect this rate to escalate by 3.0 to 4.0 percent by 2012, the assumed opening year for the proposed aquarium. For purposes of analysis, we have assumed a 3.0 percent escalation rate for the proposed aquarium, which would yield a rate of roughly $29.95. Assuming this rate for the proposed aquarium, and further assuming that the per capita expenditure is an additional 46% of marquee rate, the first year per capita admission for the proposed aquarium is calculated to be $14.05 plus $29.95 for a charge for $44.00. In addition to admissions, the balance of the proposed aquariums per capita expenditures will be accounted specific event spending. The experience of existing aquariums has shown that the largest category of in-aquarium spending is for food, beverage, Sea-Bobs, Sea-Trek, lockers, merchandise, IMAX theater, Marine Biologist for-a-day. - Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 17 For purposes of this financial analysis, the following per capita expenditure patterns have been estimated for the proposed aquarium. t ADULTS SENIORS CHILDREN SEASONAL! GROUP Admissions $29.95 $25.95 $22.95 $58.95 Food & Beverage $ 2.50 $ 2.50 $ 2.50 $ 2.50 Sea-Bobs $ 2.50 $ 2.50 $ 2.50 $ 2.50 Sea-Trex $ 3.00 $ 3.00 $ 3.00 $ 3.00 Locker Rental $ .55 $ .55 $ .55 $ .55 Merchandise Sales $ 1.50 $ 1.50 $ 1.50 $ 1.50 IMAX Theater $ 2.00 $ 2.00 $ 2.00 $ 2.00 Marine Biologist $ 2.00 $ 2.00 $ 2.00 $ 2.00 for-a-day Total $44.00 $40.00 $37.00 $73.00 e . Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 18 e ESTIMATED COST OF ADMISSIONS OF SUNNY ISLESS PARK AND AQUATIC CENTER Admissions Adult $29.95 Admissions Seniors $25.95 Admissions Children $22.95 Season Tickets $58.95 Food and Beverage $2.50 Sea Bobs $75.00 Merchandise $2.00 Sea Trek $100.00 Locker Rental $0.55 Marine Biologist $150.00 IMAX Theater $10.00 Play with Seals $35.00 Birthdays $25.95 Over-nighters $58.95 Ocean Tour $38.95 Intracoastal Tours $26.95 Trolley Rides $8.95 Guide Tours $21. 95 e Summer Camp $1,200.00 Banquets / Weddings $150.00 TOT AL REVENUE Table #10 presents lAD's projections of revenue at the proposed aquarium for 2012. The attendance figures shown are brought forward from Table #7. As shown, revenue is projected at $30,748,206 in 2012. OPERATING EXPENSES In estimating operating expenses for the proposed aquarium, lAD reviewed the operating experience of aquariums of similar scale for use as a model. As shown in Table #1 I, operating expenses at the proposed aquarium are project to be $19,072,085 in 2012 NET OPERATING INCOME Table #12 presents lAD's projections of net operating income for the proposed aquarium. Net operating income is the difference between projected revenue and projected operating expenses. As shown, the projected net operating income is estimated at $1 1,676,121 in 2012. . Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 19 Table #10 e PROJECTED REVENUE AT THE PROPOSED AQUARIUM 2012 Attendance 445,446 Per Capita Per Capita Expenditures Expenditures Admissions Adult $29.95 Admissions Adult $4,899,906.00 Admissions Seniors $25.95 Admissions Seniors $3,563,568.00 Admissions Children $22.95 Admissions Children $5,768,525.70 Admissions Season / Admissions Season / Group Sales $58.95 Group Sales $6,503,511.60 Food and Beverage $2.50 Food and Beverage Sea Bobs $ 7 5.00 Sea-bobs Merchandise $2.00 Merchandise Sea Trek $100.00 Sea-Trek Locker Rental $0.55 Locker Rental Marine Biologist $150.00 Marine Biologist IMAX Theater $25.00 Imax Theater Banquets / Weddings $ I 50.00 Banquets / Weddings $1,687,500.00 Play with Seals $35.00 Play with Seals $3,118,122.00 . Birthdays $25.95 Birthdays $577,966. 19 Over-nighters $58.95 Over-nighters $787,771.25 Ocean Tour $38.95 Ocean Tour $888,060.00 Intracoastal Tours $26.95 Intracoastal Tours $161,700.00 Trolley Rides $8.95 Trolley Rides $161,100.00 Guide Tours $21.95 Guide Tours $230,475.00 Summer Camp $ I ,200.00 Summer Camp $2,400,000.00 Total $30,748,206.00 e Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 20 . Table #11 PROJECTED OPERATING EXPENSES FOR THE PROPOSED AQUARIUM 2012 Percent Of Revenue Projected Revenue Operating Expenses Salaries, Wages & Supplements Payroll Taxes Advertising/Promotion Insurance Sea Life Supplies Utilities Other Subtotal Cost of Sales Food & Beverage Merchandise Maintenance/Repairs Subtotal e Total Operating Expenses 100.0% $30,748,206 20.0% $6,149,641 2.8% 860,950 6.0% 1,844,892 4.6% 1,414,417 9.0% 2,767,339 2.5% 768,705 10.0% 3,074,821 54.9% $16.880,765 2.9% $599,512.00 0.7% 144,710 0.7% 1.447.098 9.9% $ 2,191,320 64.8% $19,072,085 Table #12 PROJECTED NET OPERATING INCOME AT THE PROPOSED WATER PARK Revenue $30,748,206 Operating Expenses $19,072,085 Net Operating Income $11,676,121 e Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 21 e e - BUDGET Per Cap Rate 445,446 x 25% = 111,361.50 Adult x $44.00 = $4,899,906.00 445,446 x 20% = 89,089.20 x Seniors $40.00 = $3,563,568.00 445,446 x 35% = 155,906.10 Children x $37.00 = $5,768,525.70 445,446 x 20% = 89,089.20 x Seasonal! Group Tickets $73.00 = $6,503,511.60 Food & Beveraoe Sea-Bobs Merchandise Sea-Trek Locker Rental Marine Biolooist Imax Theater 150pp - 50 events - 225 Banquets! Weddinqs ! Etc people yields $1,687,500.00 445,449 x 20% = 89,089.20 x Play with Seals $35.00 = $3.118,122.00 445,446 x 5% = 22,272.30 x Birthdays $25.95 = $577,966.19 445,446 x 3% = 13,363.38 x Over-niqhters $58.95 = $787,771.25 Ocean tours 150 tours = 22,800 $888,060.00 Intracoastal tours 200 tours = 6,000 $161,700.00 Trolley tours 600 tours = 18,000 $161,100.00 Guide tours 700 tours = 10,500 $230,475.00 Summer Camo 2,000 x 1,200 $2,400,000.00 Total $30,748,205.74 Aquarium Program Issues: Income, Education, Community Benefits. These three items need to be the basis for an aquarium operation and all three needs to happen for its success. R REQUIRED. MI MOST LIKE! Y. Nt NOT UKEl Y Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 22 A) INCOME; 1. Admissions 17. Tour Location 2. Season Passes 18. Duck Boats (ML) e 3. Discount Evenings 19. Trolleys 4. Gift Shop 20. Movies 5. Snack Bar or Restaurant 21. Shows 6. Parking 22. Mermaids 7. Boat Adventures 23. Sea Camp 8. Everglades Tours 24. Over-nighters 9. Field Trips 25. Two for Tuesday 10. Helmet Diving 26. Imax Theater 11. Bob Diving 27. Picture Aquarium 12. Events 28. Interactive Participation 13. Weddings 29. Water Shows 14. Birthday Parties 30. Spray Deck (4th floor) 15. Political Fund Raisers 31. Photo Shop 16. Corporate Meetings and Exhibitions B) EDUCATION; 1. School Field Trips 9. Sick and Resting Pools 2. Teaching of Students and Veterinary Training 10. Diver Speaking 3. Marine Biologist's 11. Trainer Speaking 4. Care for Sea Life that are Injured Locally 12. Coral Lagoon 5. F acili ty Tours (Back Of House) 13. Pop up into Environments 6. Scuba Training 14. Etc. 7. NOAA Training and Operations 8. Aquatic Farming e C) COMMUNITY BENIFITS; 1. Meeting Location 1. Town Fllllctions 8. Bring People off the Beach to AlA 2. Tax Revenue 9. Fund Raising Area 3. Tourist Attraction 10. Day and Evening Event Location 4. Educational Asset 11. Ship Wreck 5. Provides Jobs 12. Etc. 6. Provides Additional Revenue for Areas Business 7. Speaking Venue (250 sq. ft.) D) TYPICAL LARGER EXIBITS; 1. Butterflies 13. Shark Week 2. Polar Bears 14. Sharks 3. Tigers 15. 3600 Aquatic Tank 4. Octopus / Squid 16. MeerKats 5. Otter 17. Everglades 6. Sea Lions 18. Reef Tank 7. Penguins 19. Tunnel Walk Through 8. Gators / Reptiles 20. Bird Show 9. Turtles 21. Shell Fish 10. Seals 22. Jelly Fish 11. Reef Fish 23. Sea Rays 12. Sea Gardens 24. Sea Horses - Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 23 e e e Feasibility Study for a Proposed Aquarium at Sunny Isles, Florida Page 24 e Exhibit F Project Schedule e . I e T",r 101 r - ,N jO ~i:- 0.0 ~j ,... iO r", 10 I IN o . ~ ~ ,., ,., ~ ~ ." ." N ::l 1 ft:', rftf~~ff~~d r;frftiTfrr i · fffff~ ~ ~ ; ; - , ~ ~ , , ~ ~ ~ ~ ; ~ ~ , ; ; , " " . .. 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Exhibit G Demolition Services Proposal e .. . . e 11/04/2010 12:47 3058545535 IG.C PAGE 02/03 110v A 2UlU 11 :3darn POOl/003 TPDNDER DEMOLITION Fax; ~t.~.:it.p. :':, I ".'''' .. rHUNDEII DEMOUf'IDN, INC. 7373 N.E..Y4 et.. ADAMI FL.u:U19 'J'8Ll3(1$.~n.9444 FASt J~.'7n.944z THUNDEBDEMDUTIONgBBLLSOU17J.NET ~ROnf"NA ~:..' ' PROPOSAL/CON'l'RACT 2010-1114 Date: project: Location: November 4,2010 Sunny Isles Shopping Center 215 Sunny Isl139 Blvd Suniw Isles, FL Thunder Demolition Inc. Proposes to provide neCess;;lry equipment, labor, and supervision to complete tho demolition of the following scope of work: INCLUSIQNS. . DemolRion and removal of all structure on the above reference addr!:!ss down to a depth of 24" . below grade . Demolition and removal of all hardscape and asphalt . Demolition and removal of all shrubs and trees . Disposal of al deL'lri9 EXCLUSION$. P~rmits; asbestos 5urvey5 ~nd removal; removal and disposal of allY type of hazElrdous material; site prep, temporary fence and barricadl3s; utility capping and disconnecllon; any and all new work Total price based on plans and site visit $ 72,500,00 AGREED AND ACCEPTED BY AGRESD AND ACCEPtED BY: Thunder Demolition Inc. Signed Name Title Date SIQl1ed Mame Title pate B..tIL\iY..~sJ: Estimator TH~~DER DEY,OLlilON F?J< : PAGE 03/03 Nav 6 2010 11:j4a~ PUU3/D03 11/04/2010 12:47 3058545535 IGC e GENERAL CONDITIONS AND CLARIFICATION The following Items are general conditions and clarification is which are meant to help identify the Owners and contractors responsibilities during the performance of this project. e 1) All Items removed by. Thunder Demontlol1, Including the "proceeds, if any, shall become property of Thunder Demolition, Inc. These items Include, but ara not limited to the following: aluminum, copper, electrical panels, NO units, furniture, anything of value, etc. AnI} Items needed to be salvaged by Owner or GC Is to be rBmoved prior to commencement of demolition. Thunder Demolition will not take responsibility for any damages that may occur to salv8geElble items once work has co~~enced. 2) If bonds 3re required, GC will provIde all applicable bonds at no cost to Thunder Dtmolition Inc. 3) Our proposal price I~ based upon our current standard Insurance limits as follows; General liability - $1M I occurrence, S100K fire damage, $1M personal I adv. InJUry, $2M general aggregate, $2M productBj Workers Compensatfon - $1 M / accident, $1 M disease I employee, $1M disease - policy IImi~ Automobile - $6001< combined single limit bodily injury I property damage, S600K combined single fimit non-owned auto, $500K comblneCl single limit hired auto, $10K personal Injury protection. II additional Insuranco limits are rcquirod, thoro will be an additional cout added to the proposal price. 4) The Owner is responSible to provide all necessary utilities Including electric, potable watar, and sanitary draIn; all utilities are understood to "be located within approxlmatefy 100 feet of the work site location. 5) Any.altnratlon or deviation from the abovo specifjc~tioM including extr~ CMt Villi bo executed only upon written ardor, and will become an oxtrR chargo ovar and above thi$ Mtlmate. 6) PROPOSAL VALID FOR 30 DAYS 7} PAYMENT DUE UPON COMPLETION WITHOUT HOLDING RETAINAGE In no event shalllhe conttl:1.ctor be liable fOt any lOSS, expense or claim relallng to damage or injury to any person or property, which occurred prIor to the contract start date or which results from an event which occurred or a condition or state of fact Wl1ich existed prIor to the start date of this contract (including but nollimited to the presence of asbestos and lead based paints in the owners facility or the rele3se thereof' Into the anvitonment), If. such event or condition is not caused or made SUbstantially worse by the contractor. Once again, I would like to thank you for this opportunity to quote. Should you require any additional Information, or have any questions concerning any Of me abt:lve-m(Jntloned propOS::!lS, plesse feel free to contect the undersigned at any time. Sincerely Yours, Bill West, Estimator PROPOSAL VALID FOR 30 DAYS NET PAYMENT DUE UPON COMPLETION 2 . . Exhibit H Proposal Form: Ground Lease For Aquatic Entertainment Center . - . PROPOSAL FORM - GROUND LEASE FOR AOUATIC ENTERTAINMENT CENTER Aquatic Entertainment Center - 151 Sunnv Isles Boulevard By signature below, the Proposer submitting this Proposal Form understands that either party will have the right to negotiate additional terms and conditions that do not materially differ from or change the essential elements of the Request for Proposal or of the Proposer's proposal. A, Ground Lease Term: 99 years B. Estimated Land Value: $10 Million Dollars C. Ground Lease Rent: Rent shall be payable~~J-ldvance. The City expects fair market rent for the ground 'based on appraisal of the value of the land, length or term, and periodic incre~ses in rent. DEVELOPER PROPOSAL FOR SITE: Ground Lease term: 99 Years - Annual Ground Lease Rent Amount: $324,000.00 Dollars Ground Lease increase: 1, () % increase every ( ) years; Conditions: ~PP Cltt-;:lC!hpn T,p;:lC:p 'l'prm ~hpPt-* * Terms subiect to neqotiation by the parties Name of Company: 4M Investors, LLC Company Address: 3211 Ponce de Leon Blvd. #301 Coral Gables, FL 33145 Contact Phone: thorized to submit proposals: .To!=;ppH Mi 1 ton Date: !'t.sJ ~ ,;~ -g i --z. c I 0 . Signature: . RFP Aquatic Entertainment Center 22 e LEASE TERM SHEET The following summarizes the proposed terms and conditions of the Lease between the City of Sunny Isles Beach, as Lessor, and 4M Investors, LLC, as Lessee of the land more particularly described in Exhibit "A" attached hereto consisting of an approximate one (1) acre site in the City of Sunny Isles Beach, Florida (the "Premises"). 1. Use of Property. The Lessee shall use the Property for the construction, development and operation of an aquarium and related facilities including but not limited to, a restaurant food, gift concessions, meeting rooms and patty facilities (the "Aquarium"). The Aquarium will be open to the public and will be used to promote tourism for the City of Sunny Isles Beach. 2. Construction. The Lessee shall be responsible for the construction of the Aquarium at its own cost and expense. 3. Lease Term. The term of the Lease shall be for 99 years. 4. Rent. a. For the first four years of the Lease no rent shall be payable. e b. Thereafter, the Base Rent shall be adjusted by an amount based on the Consumer Price Index Increase over the base year. The base year shall be the fifth year of the Lease term. The South Florida Consumer Price Index of Miami-Fort Lauderdale shall be used in making the rental adjustments. c. All rent shall be paid in quarter alIDual installments. 5. Real Estate Taxes. The Lease shall provide that the Lessee shall not be responsible for the payment of any real estate taxes for the Propeliy or any improvements thereon, unless required by law of the State of Florida. The Lessor shall cooperate with the Lessee in any negotiations or requests or application to exempt the Property and any improvements thereon from the payment of real estate taxes. 6. Parking. The Lessor shall build an adjacent parking structure at Lessor's sole cost and expense and provide adequate parking for the Aquarium. The Lessor may charge visitors to the Aquarium a reasonable charge for parking which is consistent with parking charges in the City of Sunny Isles Beach. 7. Subleases Concessions. The Lessee shall be permitted to sublease and/or grant concessions for the use of portions of the improvements for uses related to the Aquarium and all income derived therefrom shall be retained by the Lessee. . K:\DOCS\1466\O07\31 E7263.DOC 1 e 8. Modifications to Improvements. The Lessee shall be permitted to modify and renovate any improvements so long as such improvements or modifications do not impair the value of the Aquarium and such modifications and improvements are consistent with the principal use of an aquarium. 9. Approval of Sale. Any sale of the Aquarium by the Lessee shall require the approval of the buyer by the Lessor, which approval shall not be unreasonably withheld. 10. Due Diligence Period. The parties agree to finalize a binding lease and development agreement within one hundred and twenty days (120) days from the date of approval of the Lessee's proposal by the City Commission. The parties may agree to extend the Due Diligence period for thirty (30) days. 11. Termination. The Lease is subject to termination by the City upon sixty (60) day notice in the event of the Aquarium or project as contemplated is not constructed or completed. . e K:\DOCS\l466\OO7\31E7263.DOC 2 - Exhibit I Corporate Documentation e e ~ ~ '. i e I - ~ I Electronic Articles of Organization For Florida Limited Liability Company Article I The name of the Limited Liability Company is: 4M INVESTORS LLC L10000083870 FILED 8:00 AM August 10, 2010 Sec. Of State Isellers Article II The street address of the principal office of the Limited Liability Company is: 3211 PONCE DE LEON BOULEVARD SUITE 301 CORAL GABLES, FL. US 33134 The mailing address of the Limited Liability Company is: 3211 PONCE DE LEON BOULEVARD SUITE 301 CORAL GABLES, FL. US 33134 Article III The purpose for which this Limited Liability Company is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The name and Florida street address of the registered agent is: REX BARKER 3211 PONCE DE LEON BOULEVARD SUITE 301 CORAL GABLES, FL. 33134 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: REX BARKER .J ~ .;~ t i - I I I ~ ~ '........... . \ - Article V The name and address of managing members/managers are: Title: MGR JOSE MILTON 3211 PONCE DE LEON BOULEVARD, SUITE 301 CORAL GABLES, FL. 33134 US Signature of member or an authorized representative of a member Signature: REX BARKER L10000083870 FILED 8:00 AM August 10, 2010 Sec. Of State Isellers - . ! e I Request for Proposal - "Aquatic Entertainment Complex" City of Sunny Isles Beach, Florida November 8, 2010 APPOINTl\1ENT OF l\1EMBERS AND MANAGER BY THE SOLE INCORPORATOR .OF 4M INVESTORS LLC The undersigned, being the sole organization of 4M INVESTORS LLC, a Florida limited liability company established under the laws of the State of Florida (the ompany I hereby adopts the following resolutions and takes the following actions by written consent in lieu of a meeting and in accordance \-vith the laws of the State of Florida. RESOLVED, that the following persons be and they hereby are: appointed and designated as the Members of the Company, in the ownership percentages set forth next to their names; Joseph Milton Frank Milton Cecil Milton Jose Milton 257- 25% 25% 25% and it is further RESOLVED, that the following person be and hereby is appointed and designated as the Manager of the Company: Jose Milton Effective: August 10, 2010. ~I/~ ~ Rex Barker, Sole Incorporator :=By: !l151778.1 Ie Exhibit J State of Florida Department of Business and Professional Regulation Licenses e e e ACI 4188918 . STATE OF FLORIDA >' .~ .l': '.l.>oV.. ... ~ "'~: ,~ ".j DBPARTMENT og BUSINBSS AND PROFESSIONAL REGULATION " -". .,. BOARD} ARCHITBCTURE " INTERIOR DESIGN SEQ#L081U900U' ,< I oJ,,, ":!'J(olllll"^,""~ LI~BNSE NBR .. . " Ill: I 12/19t2008~80292242JAA0002273 . The,..ARCHJ:TECT CORPORATION " Named below :IS' .CHRTIPIBD Un~er the provisions of Chapter 481 FS. ExPiration datel PED 28, 2011 .[' 2 1 ~ r AXIOMA ;, INe 7418 SK;48TH"ST MIAMI .. FL 33155 'I \' ~ .t" cwUu.IB CRIST .GOVEIlNOR~'" DISPLAY AS REQUIRED BY LAW CHARLES W. DRAGO SBCRETARY ACI' A 18 8'8 2.3' STATE OF FLORIDA ~.- -.','= --- . . $ .w} ,"" C... .. D~PARTMBNT ~F BUSINESS AND PROFESSIONAL REGULATION jj:-'- ... BOARD.OF ARCHITECTURE" INTERIOR DBSIGN SEQ'L08121900511 ..l":~;' ~ ~~) e \lIT I FS, PL 33155 ,;"5 ,;', ..;, CHARLIE CRIST ~VBRNOR ,.' DISPLAY AS REQUIRED BY LAW CHARLBS W. . DRAGO SECRETARY e e Exhibit K Confirmation letter from USI Insurance Services, LLC. e e [[I}. ill USI Insurance Services LLC 201 Alhambra Circle Suite 1000 Coral Cables, FL 33134 www.usi.biz Phone: 305.669.6000 Toll-free: 800.516.5294 Fax: 305.669.6030 November 2, 2010 City of Sunny Isles Beach Attention: Rick Conner, City Manager Re: International General Contractors Aquatic Entertainment Complex Dear Mr. Conner, This letter is to confirm International General Contractors, Inc has met bond qualifications in the past and has the capacity to obtain performance and payment bonds for 1100/0 of the proposed design- build contract. The contractor has participated in projects of the proposed size and greater in past years. It is our understanding the estimated amount of the proposed bond is approximately $85,000,000.00. A copy of the terms and conditions of the contract would be necessary to issue the bond. Should you require any additional information please advise. mes Kolisch Sllnsurance Services LLC e Exhibit L Developer's Completed Project List . . e - e Developer's Experience Properties Location Development Value Sands Pointe Sunny Isles Beach, FL $73,000,000 Pinnacle Sunny Isles Beach, FL $134,000,000 King David Sunny Isles Beach, FL $32,000,000 Blue Lagoon Miami, FL 33126 $181,000,000 Sayan Sunny Isles Beach, FL $76,000,000 St. Tropez Sunny Isles Beach, FL $224,000,000 Aventura Harbor North Miami Beach, FL $69,000,000 Brickell First Miami, FL 33131 $26,000,000 Cherry Grove Village Miami, FL 33176 $17,600,000 Colony at Dadeland Miami, FL 33156 $42,600,000 Country Club Towers Miami, FI 33015 $88,200,000 Cypress Place Tarpon Springs, FL $9,600,000 Fontainbleau Milton Miami, FL 33172 $ 135,900,00 International Club Miami, FL 33175 $20,200,000 Inverrary 441 Lauderhill, FL 33313 $25,920,000 2500 Inverrary Club Lauderhill, FL 33313 $34,240,000 Intracoastal Yacht Club Sunny Isles Beach, FL $198,750,000 Lago Club Miami, FL 33175 $18,900,000 Las Brisas Gardens Hialeah, FL 33012 $10,320,000 Miami Bay Club Miami, FL 33137 $17,550,000 Royal Palms Miami, FL 33126 $57,360,000 Royalton on the Green Miami, FL 33015 $16,000,000 Suncoast Place North Miami Beach, FL $10,100,000 Sunshine Lakes Miami, FL 33167 $20,800,000 Westland 49 Hialeah,FL 33012 $34,640,000 e Exhibit M Drug Free Workplace Policy Certifications e e e NOTICE TO EMPLOYER: If you have a Drug-Free Worltplace Program established and maintained In accordance with Florida law, and you would like to apply for the 5.~ premium credit that is available, please complete this fonn and forward lito your Insurer. Re-cer1lf1catlon Is requIred annually. APPLICA TION FOR DRUG-FREE WORKPLACE PREMIUM CREDIT PROGRAM Name of Employer. ~M It1V~S"T~~, LV___ .;J./~Jo~ , Date Program Implemented: Testing: Procedures for drug testing have been established andlor drug testing has been conducted in the lollowing areas: [8""'JOb applicant Q--Reasonable suspicion a Routine fitness lor duty lWfollow-up testing to Employee Assistance Program NOllce of Employer's Drug Testing Polley: ijf'topy to all employees prior 10 testing [!yposted on employer's premises ra--Copy to job applicants prior to Ie sting !tr'General notice given 60 days prior to teshng ~how notice 01 drug Ie sting on vacancy announcements l4'toples available in personnel office Of other suitable locations o No notice required because the employer had a drug testmg program In place prior to July 1. 1990 Education: [J"'Resource file on providers i;l--€mpJoyee Assistance Program ~Educatlon Name of Medical Review officeJ oh I ~ liClh'~ Ne.fwcrk - D . qsy.. 31./ I. ZS zS- e A. Name 01 approved Agency lor Health Care Administration Lab or United States Depa ent of Health and Human Services Certified Laboratory: ^ /'\, L' ~l'.s T .~/"jV10s.nc: S B. Phone No.: (~OO) S?11-14g'-{ C. Address: 3/1S fft'SIdf"(\-fidl Dr At1An'*". GA 3D"04fO ___ Your cen,ficallon is SubjeCllo pnysical veflllcalion by ttle insurer. Your policy is subjeclto addilional premium for reimbursement of premium credll, and cancellahon provisions of Ihe policy " ills determined Ihat you misrepresenled your comphance w,lh Florida law Any person who knowingly and WIlli .nlentlo injure. delraud. or deceive any ,nsurer files a slalemenl of cIa om or an apphcaloon conta,ning any false. 'ncomPlele'2r "leading .nlormaloo guilty 0' a felo~nY ollhe Ihl(ddegre.. A -,,,, -LfAA .Ii\\/~ VY2.6.. L-L-"--=- _ l"E. ,.M;)LJ) -"1 . EmpIOYe1 Name ' Dale -- 0 ,/Owner Sognalur~ J4c~ fi'~~(>K/ nF ~(-J;I1tS 01) 20O<C N.lIonaC Council 011 Com~n"UOf'lIl\f"'''nc'. fnc. e , e CERTIFICATION OF EMPLOYER WORKPLACE SAFETY PROGRAM PREMIUM CREDIT Employer Name: --bf.M TnlJ.t' ~"T'1"\P~ LJ r_ Name of Contact Person. !(p}( &. ..- k e V' Policy/# W<?"oos3L8QgCf Telephone #: 3oS-l.f'O. ~.30o EHective Date of Policy: I }Z I } 2.01 0 0' . I am submitting a copy of my workplace safely program which meets the requirements 01 Section 440.1025. Florida Stalutes. I certify thaI this safety program has been Implemented in my workplace and is being maintained as submitted to my carner. This is to certify that my workplace safety program meets or exceeds the following provisions as provided for in Section 440.1025. Florida Statutes: 1) Written safety policy and safety rules 2) Safety inspections 3) Preventive maintenance 4) Safety training 5) First aid 6) Accident investigation 7) Necessary record keeping The workplace safety program and application I am submitting for the purpose of obtaining a premium credit do nol conlain any false. Incomplete. or misleading inlonnalion I attest to the accuracy of the infOf"mation submitted. I am aware that I may be subject to an on-site inspection by my carrier, for the purpose of validating the accuracy of this information. I am aware that any person wtlo submits an application that contains false, misleading, or incomplete information provided with the purpose of avoidtng or reducing the amount of premiums for workers' compensation coverage is a felony of the second degree, ptlnishable as provided in Sections 775.082, 775.083 or 775.084 Florida Statutes, or as otherwise punishable as provided under the law. - I ;/ State of Florida ~ ~. . ~ - /( -;/ County of ~-~ -,~. -7 . .-?~.. ._ Swo," 10. 0' "",me<!. 00. w,,,<""". be''''. m. ( ~.91'~' -.___ this / 1'7l!. ~of ~ "fCc'x 11-.--gvK~J J!,ce ~~.r/'t...7:20IP, by l'7x . /~i.~::b /~if g -'!!/ 7~// fI:ll'pw-,on Dele ..-1(1 Hun~t) , '10".,_ 8eatriz Baquedano :\'~'ISSl;)N #006861 37 ":"nE,: JUN. 17,2011 www.AARQljNoTAJIY.com (NC3011) Form SAFETY 09-3 '"! . ~;;i,;,.:, ~:;-,:.: CI Copyright "'''''2004 NaUon.' Council on Comp.n..tlon Insuranc.. Inc. All Alone. "...rved. e e NOTICE TO EMPLOYER: If you have a Drug-Free Workplace Program established and maintained In accordance with Florida law, and you would like 10 apply for the 5.~ premium credit that Is available, please complele this fonn and forward It to your Insurer. Re-cer1lf1callon Is required annually. APPLICA TION FOR DRUG-FREE WORKPLACE PREMIUM CREDIT PROGRAM Name of Employer. Tnfe.f"t1a11Ortal Gevl e tn..1 .;J./~Jo~ , GH'\~rb. XYlc, , Dale Program Implemented Tesling: Procedures for drug testing have been established and/or drug lesling has been conducted In the loIlowing areas: [8""'Job apphcant Q--Reasonable suspicion a Routine fitness lor duty 1Wf011ow.up testing to Employee Assistance Program Nollce of Employer's Drug Tesllng Polley: ijf'topy 10 all employees prior to lesting [!yposted on employer's premises lB"Copy 10 Job applicants prior to Ie sting rtrGeneral notice given 60 days prior 10 testing ~how notice of drug testing on vacancy announcements l4"topies available in personnel office Of other suitable locations o No notice required because the employer had a drug tesllng program In place prior to July 1, 1990 Education: ~esource file on providers ~mployee Assistance Program ~Educallon Name of Medical Review officeJc::tI I ~ Ij{Ih'~ Nt.1wcrK - D . 'is,/- . 3Y I. ZS z.S" t A. Name 01 approved Agency lor Health Care Administration Lab or United Slates Depa ent of Heallh and Human Services Certified Laboratory: ^. 7) ~t.s T i~jVlos.fic oS, B. Phone No.: (~OO ) ~11- 14gL{ C. Address: 3/1S fft,s,df-rl.ftdl P(, Aft"n~ GJJ 3D~'lO ---- Your certificallon is subjecllO physical vepficalion by the insurer. Your policy is subjecllo addillonal premium lor reimbursemenl 01 premium credit. and canceUetion provisions 01 the policy il illS determined Ihal you misrepresenled your compliance Wllll Florida law Any person "tlo kno,.,;ngly and Wllh IOlenllo injure. defraud. or deceive any ,nsurer files a slatemanl 01 clam or an apphcalton conlaining any false. .ncomplete, Zr ISlead''''9 Informalio 5 gUllly of a felony of the third degree . / -- tmerM-H~1 ~ dn~, _ fE ~LO -7. Employ., Name .rh~ / Dale ~- 0 ,iOwnor Sogn'lurp;.- yfCL t:'~,d~141 O~ ~(,J;~'lS o :zoo.. N.Uon,' Co~ncU on Com~n..Uon INuflnct, Inc. -- I . CERTIFICATION OF EMPLOYER WORKPLACE SAFETY PROGRAM PREMIUM CREDIT Employer Name;..Iid-e~-honCl./ ~e...nt.1 C!oni1acJD~/~ Name of Contact Person. _ Iff> x: 6a yoke....... Telephone #: 3oS. 'I'D. G:, 30() Policy # /A.Jc...OO 5.3 / 8Cf g 9 Effective Date of Policy: I }Z I } 2.01 0 .. . I am submitting a copy of my workplace safety program which meets the reqUirements of Section 440 1025. Florida Statutes. I certIfy that this safety program has been implemented in my workplace and is being maintained as submitted to my carrier. This is to certify that my workplace safety program meets or exceeds the following provisions as provided for in Section 440.1025, Florida Statutes: 1) Written salety policy and safety rules 2) Safety inspections 3) Preventive maintenance 4) Safety training 5) First aid 6) Accident investigation 7) Necessary record keeping The workplace safely program and application I am submitting for the purpose of obtaining a premium credit do not contain any false. Incomplete. or misleading InfOf'TTlation. I attest to the accuracy of the Information submitted. I am aware that I may be subject to an on-site inspection by my carrier. for the purpose 01 validating the accuracy of this information I am aware that any person who submits an application that contains false. misleading, or incomplete inlormation provided with the purpose of aVOIding or reducing the amount of premiums for workers' compensation coverage ;$ a felony of the second degree. punishable as provided in Sections 775.082, 775.083 or 775084 Florida Statutes, or as otherwise punishable as provided under the law. - / ./ Slate of Florida ~.L' . k I;. /1' // County of aLdN/- -;:;~~._/'t~-____ Sworn to, ~~ ~rmed, and subscribed before me , ... .._._.9.9P~> --_ this /?7E!. ~of ~ '1(Ex - 11. g~KfY, Uce t.,.rl 1(....7':20 Il', by r'Ex . ~ j:~/:::b ~~ , /.... /~M'w 16".....on 0... Ilt'Id Humt>>.,. . '1U,,-,.. 8eatriz Baquedano "\'~'I$SI)tl #00686tJ7 . ,'.'Af" JUN. 17,2011 WWW.AARONNOTAIlY.com (NC3011) Form SAFETY 09-3 ~! .),~ .' ',;;;,~"..;.",,\-...' Q Copyright t.t~200l N'I~.' Council on Compen...tIOftln.unnc:e, Inc. AU R'ghl. __..."'eeI e