MIAMI RIVERFRONT

REQUEST FOR LETTERS OF INTEREST (“RFLI”)

Revocable License Agreement for Use of Property

Located at1 SW South River Drive, Miami, FL.

Issued:

Questions Due:

Responses Due:

I.Overview

The Cityof Miami is seeking Letters of Interest from Qualified Proposers willing to propose, develop and implement an exciting and economically remunerative use for 1 SW South River Drive, Miami, FL. (the “Property”) located in the heart of the Miami River. It is the City’s intention to solicit competitive bids for the use of this Property and enter into negotiations for a Revocable License Agreement (“RLA”) allowing for the use of the Property for an extended term which is revocable at will. A draft copy of the RLA,which will be used as a starting point for negotiations with the winning bidder for this property (“Successful Proposer”), is attached and incorporated herein as Attachment II.

Property:Approximately 0.17 acres (or 7,436 square feet) of uplands with approximately 70 linear feet of river frontage.

Legal Description:See Legal Description and Survey attached herewith as Attachment I.

Zoning:T6-12-O Mixed Use, which allows for general commercial and food service establishments by right and marine related commercial establishments by warrant (administratively-processed permit).

RFLI Goals:To attract commercially and economically viable use(s) which are allowable under the Miami 21 Zoning Code and additionally promise: 1) to be economically remunerative; 2) generate fair market use fees for the City; 3) to contribute to the transformation of the Miami River into a vibrant riverfront commercial area.

Existing Limited improvements, including a non-permitted wooden dock and

Improvements:small shed.

Condition ofThe property and its improvements are offered "AS IS, WHERE IS" by the

Property:City. No representations or warranties whatsoever are made as to its condition, state or characteristics. EXPRESSED WARRANTIES AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND HABITABILITY ARE HEREBY DISCLAIMED. IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR SUITABILITY ARE HEREBY DISCLAIMED. Existing improvements and facilities located on the Property are not required to be retained. No representation whatsoever is made as to any environmental or soil matter. Any demolition will be at the sole cost of the Proposer.

Regulatory

Process:Each Proposer to this Request for Letters of Interest is responsible for determining which permits and approvals will be required for its use of the Property and any improvements it may propose. The Successful Proposer, at its sole cost and expense, shall be responsible for acquiring all required permits, licenses, and approvals from all agencies with jurisdiction, including, but not limited to, the City, Miami-Dade County, the State of Florida, federal agencies and all applicable public authorities or utilities. Additionally, all improvements must comply with all applicable building, fire, zoning, health and other code requirements.

Other:The Successful Proposer is responsible for all taxes and assessments due on the Property. Should the Successful Proposer require the use of the submerged lands abutting the Property, the Successful Proposer will apply and the City will assistto obtain a Temporary Use Agreement (“TUA”) and Submerged Land Lease on behalf of the Licensee from the Board of Trustees for Internal Improvements Trust Fund (“TIITF”) and/or its administrative agency, the State of Florida Department of Environmental Protection (“DEP”) authorizing the Proposer’s use of the submerged lands. The Successful Proposer will be required to pay for any survey(s), site plans and application fees required to facilitate the TUA and Submerged Land Lease process. Additionally, the Successful Proposer shall be obligated to pay anyannual fees charged by TIITF/DEP for the use of the submerged lands as well as retroactive back fees, if any, charged for the authorization of the pre-existing dockage facility. The annual lease fee for standard term lease shall be six percent of the annual rental value from the wet slip rental area, the base fee, or the minimum annual fee, whichever is greater, and shall include discounts, surcharges, and other payments as provided in Florida Department of Environmental Protection, Administrative Rule 18-21.011(1)(b), as may be amended. The Successful Proposer will also be required to disclose income from wet slips and submit a Wet slip Certification to the State on a yearly basis.

II.Deadline for Receipt of Information / Clarification

This RFLI is subject to the Cone of Silence Section 18-74 of the City of Miami Ordinance No. 12271. Pursuant to the Cone of Silence, any request for additional information or clarification must be received in writing no later than3:00 p.m. on ______. Interested individuals (“Proposers”) may e-mail or fax their requests to the attention of Judy Marsie-Hazen, Sr. Project Representative, City of Miami, Department of Public Facilities at E-mail: r to fax (305) 416-2156.

III. Cone of Silence

Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a “Cone of Silence” is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000.00. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFB (bids) between vendors, representatives, City staff, and others, per said Ordinance. The Cone of Silence shall apply to this RFLI.

IV. Evaluation

An Evaluation Committee (“Committee”) will be created by the City Manager to evaluate each proposal to determine the firm, corporation, joint venture, partnership, individual, or other legal entity that is most advantageous and in the City’s best interest. The Committee may require an oral presentation from Proposer(s).

Proposers shall be evaluated on the basis of: Overall Qualifications and Business/Project Team Experience of Proposer (30%); Proposed Use and Improvements to Property (30%); Monthly Fee proposal (40%) based upon the information as requested in the Section V Submission Requirements. Any proposals which have been submitted by Proposers (or their principals) which have defaulted on City of Miami contracts or have been terminated from a City of Miami contract within the past five (5) years for poor or inadequate performance will be automatically disqualified from this RFLI selection process.

Proposals will be reviewed and evaluated by an Evaluation Committee. The Committee will be responsible for recommending to the City Manager the most qualified firm with whom to negotiate a Revocable License Agreement. The City Manager shall have the right to approve orreject the Evaluation Committee’s recommendation and/or instruct the Evaluation Committee to re-evaluate and make further recommendations, or reject all proposals. In the event the City Manager accepts the Evaluation Committee’s recommendation, the City will then negotiate a Revocable License Agreement with the Successful Proposer. The City will require the Successful Proposer to sign the Revocable License Agreement, which is substantially in the form attached herewith in Attachment II.

The City of Miami reserves the right to accept any proposal deemed to be in the best interest of the City, to waive any irregularities in any proposal and/or to reject any proposals at any time, and to re-advertise for new proposals.The City reserves the right to disqualify all non-responsive proposals if all or any are non-responsive and to re-advertise for new proposals.

V.Submission Requirements

Proposers must must complete the forms attached as Exhibits A through E inclusive, sign Exhibit “D,” and must provide a narrative response to Question ( c ) below. For your convenience, a checklist entitled “Miami Riverfront RFLI Checklist” is attached to ensure you have completed all the requirements for this RFLI submission.

a)RFLI Proposer Questionnaire:Complete the RFLI Questionnaire attached herewith as Exhibit “A”and provide information such as the following on this form: proposer/contact information, proposed uses of the property, proposed fees, proposal summary, proposed capital improvements, goods/services to be sold on property, etc.

b)Business Team and Development Team Qualifications:Please fill in the Business Team Experience and the Development Experience Sheets (the latter if applicable) attached hereto as Exhibits “B” and “C.” Provide the proven project experience of the Business Team and/or Development Team as it relates to a project which is the same or similar in nature to the proposed project.

c)Proposer’s Organizational History/Structure: In a narrative form, please describe the Proposer’s organizational and business history and explain why the Proposer’s background makes it ideal for this Miami River opportunity.

d)Disclosure/Disclaimer: Please complete the Disclosure/Disclaimer attached as Exhibit “D.”

e)Certifications: Complete one of the Certifications attached in Composite Exhibit “E.”

f)Additional (Optional) Information: Provide any other information, maps, sketchesor renderings of the proposed improvements to the property, as needed to describe the Proposer’s proposed use or capability to implement the project.

VI. Receipt of Responses

Provide one (1) original and four (4) copies of the signed and dated proposal,accompanied by the required documentation to the Office of the City Clerk, Attn: Priscilla A. Thompson, 3500 Pan American Drive, First Floor, Miami, Florida33133no later than ______.

Responses must be clearly marked and labeled on the outside of the envelope/packageasMiami RiverRFLI/1 SW South River Drive. Failure to submit a Response by the due date and time, and at the location specified above, will disqualify aProposer.

ATTACHMENT I

LEGAL DESCRIPTION

ATTACHMENT ICont’d

BOUNDARY SURVEY

ATTACHMENT II

SAMPLE REVOCABLE LICENSE AGREEMENT

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