REQUEST FORPROPOSALSRFP #18-08-37

CITY OF MIRAMAR

FOR DEVELOPER/INVESTOR/OPERATOR FOR MIRAMAR TOWN CENTERSale or Long-Term Ground Lease of a 3.742-acre Mixed-Use Development Parcel

AND Lease of 14,000 Square Feet of Existing Prime Retail Space

Shell Space

Block 2

City of Miramar

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INTRODUCTION/SUMMARYThe City of Miramar (the “City”) is seeking proposals from qualified real estate developers/investors/operators that have the expertise, experience and resources (financial and operational) to:

• Purchase or ground lease, finance, construct and operate a development on an approximately 3.742-acre paved City-owned property within Miramar Town Center (“MTC”) known as Block 2 (“Block 2”). Block 2 is bound by Red Road to the south, Main Street to the east, City Hall Promenade to the north and Civic Center Place to the west. Block 2 is zoned as Traditional Neighborhood Development (“TND”) district, which allows mixed-use development. The Block 2 land is more particularly described in Exhibit “A” attached hereto. Block 2 is the final remaining vacant block available for development within the 54-acre MTC.

• As part of any proposal, the City will also evaluate offers for a long-term lease of existing City-owned ground level prime retail shell space totaling approximately 14,000 square feet (12,000 gross leasable area) located within the recently constructed Miramar Police Headquarters building (the “Shell Space”). The Shell Space is situated on the opposing block (Block 3) to the north of Block 2. The Shell Space is more specifically described in Exhibit “B”. The Shell Space and Block 2 are separated by City Hall Promenade, which is envisioned to serve as the main double-sided retail and entertainment corridor for MTC that connects the two book-end plazas; namely, City Hall Plaza and Market Square (identified in Exhibit “C”). A proposal for the long-term lease of the Shell Space is at the option of the proposer and is not a requirement of this RFP. However, the City will give added weight to proposals which include the Shell Space.

The City’s intent in the sale or lease of Block 2 and lease of the Shell Space is to engage a developer or development team that can successfully finalize development of these components with an optimal mix of uses (e.g. retail, entertainment, office, residential, and/or hospitality). Additionally, the successful developer shall incorporate into its plans for Block 2 and the Shell Space a comprehensive programming/operations/management and retail recruitment strategy that will help stimulate the identity of MTC, its sense of place, and capacity to draw increased visitor traffic.

Responsive proposals must demonstrate: (1) successful experience and expertise in the development and operation of retail and/or entertainment and/or office and/or residential and/or hospitality within mixed-use environments such as MTC; (2) site planning and architectural sensitivity to the proposed site, adjacent buildings and surrounding development; (3) competitive pricing and terms for the acquisition or long-term land lease of Block 2; (4) the financial terms for a long-term land lease of the Shell Space, if included in the proposal; and, (5) satisfactory financial commitment and resources.

In addition to experience and financial considerations, proposals must address planning, initial architectural design concepts, parking, proposed schedule and project implementation, as well as post-construction management, operating and programming strategies.

Proposers are responsible for reviewing the relevant sections of the Land Development Code on the City website: www.municode.com.miramarfl.gov/156/City-Code-Land-Development-Code.

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ABOUT THE CITY OF MIRAMAR The City of Miramar is a growing municipality in South Florida, located approximately halfway between Miami and Fort Lauderdale. Incorporated on May 26, 1955, the City is 31 square miles in size and linear in shape; approximately 2.5 miles wide (north to south) and 14.5 miles long (east to west). Miramar is a full service city (police, fire-rescue, parks and recreation, social services, cultural affairs, streets and stormwater, utilities, and more) operated under a “City Manager-City Council” form of government. The City employs over 1,050 people.

Miramar has experienced unprecedented growth over the past several decades, with an increase in population from 72,739 in 2000 to more than 140,000 today. Miramar is currently the 13th largest city in Florida and the fourth largest in Broward County. The City’s infrastructure, residential, commercial, and economic activity has also increased at an explosive pace during the same period.

Miramar is recognized as an economic engine for Broward County with a growing base of diverse, leading employers in key industry sectors such as electronics, advanced manufacturing, aviation, technology and healthcare. Miramar contains the largest commerce park in the region, which includes a foreign trade zone and has a highly skilled and professional workforce. Over the years, Miramar has positioned itself as a preferred locale for major corporations and Fortune 500 companies.

City of Miramar

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Request For Proposals

5

0 50 100 200

1"= 100'- 0"

3 4A

2 4B

65

1

4B

Apartments = 17 D.U.Existing Retail & Fitness = 78,755 SFProposed Retail = ±5,000 SF

Block Statistics

Block Lines

Alley

Alley

Alley

Alley

Alley

Alley

Alley

Alley

PARK LANE

CANAL STREET

Alley

CITY HALL PROMENADE

MA

IN S

TR

EET

HI A

TU

S R

OA

D

MI R

AM

AR B

LVD

.

LAKE

LAKE

LAKE

R E D R O A D

6

Townhomes = 67 D.U.

Block Statistics

3

Apartments = 117 D.U.Retail = 13,500 SF

Transit Hub = 5,000 SF

Block Statistics

1

Civic = 208,000 SF

Block Statistics

Retail = 40,000 SF

2Block Statistics

5

Townhomes = 67 D.U.

Block Statistics

4A

Apartments = 236 D.U.Retail = 12,700 SF

Block Statistics

Block Lines

Program Summary S.F. D.U.

Block 1 Civic 208,000

Total 208,000

S.F. D.U.

Core Blocks (2,3,4) Residential Apartments 370 Retail / Fitness 149,955 85,435 80,000 Transit Hub 5,000

Block 5&6 Townhouses 134

Total 320,390 504

ABOUT MIRAMAR TOWN CENTERMTC is a vibrant mixed-use development that serves as the City of Miramar’s “Downtown.” MTC is centrally located in the heart of the City between Red Road, Hiatus Road, and Miramar Boulevard. MTC is an idyllic “Downtown” with pedestrian-oriented streets, beautiful Mediterranean-style architecture, “main street” storefronts and waterfront views as found in the best historic towns of Florida. Town Center allows for a gracious lifestyle where work, play, services and entertainment are within walking distance. It is the “go-to” destination for residents and visitors to celebrate the milestones, rich culture and vibrant life of the City.

The 54-acre MTC is home to critical civic and cultural uses:

• 87,000 square foot City Hall – Beautiful open public plaza with fountains

• 49,000 square foot Miramar Cultural Center – 800-seat theater – 4,500 square feet of banquet space – Botanical Garden – Art Gallery

• 72,000 square foot Community Library and Education Center – Broward County Library - Miramar Branch – Broward College – Nova Southeastern University

• 67,000 square foot Police Headquarters • Transit Hub

– Utilized by the City’s community bus program, as well as Broward County Transit fixed Routes 5 and 28

• The civic uses on site employ about 550 employees

MTC also contains a functional mix of private retail, office and residential uses:

– 504 residential units, 110,000 square feet of retail and 45,000 square feet of office space has been built, which represents over 1,500 residents residing on site and over 350 employees

– Block 2 was previously planned to contain an additional 40,000 square feet of retail and 40,000 square feet of office

Just a quarter mile southeast of the MTC site is the Miramar Park of Commerce, one of the largest corporate parks in Broward County with over 6,000,000 square feet of flex office and industrial space. The Miramar Park of Commerce houses over 170 companies and more than 10,000 employees.

City of Miramar

6

0 50 100 200

1"= 100'- 0"

3 4A

2 4B

65

1

4B

Apartments = 17 D.U.Existing Retail & Fitness = 78,755 SFProposed Retail = ±5,000 SF

Block Statistics

Block Lines

Alley

Alley

Alley

Alley

Alley

Alley

Alley

Alley

PARK LANE

CANAL STREET

Alley

CITY HALL PROMENADE

MA

IN S

TR

EET

HI A

TU

S R

OA

D

MI R

AM

AR B

LVD

.

LAKE

LAKE

LAKE

R E D R O A D

6

Townhomes = 67 D.U.

Block Statistics

3

Apartments = 117 D.U.Retail = 13,500 SF

Transit Hub = 5,000 SF

Block Statistics

1

Civic = 208,000 SF

Block Statistics

Retail = 40,000 SF

2Block Statistics

5

Townhomes = 67 D.U.

Block Statistics

4A

Apartments = 236 D.U.Retail = 12,700 SF

Block Statistics

Block Lines

Program Summary S.F. D.U.

Block 1 Civic 208,000

Total 208,000

S.F. D.U.

Core Blocks (2,3,4) Residential Apartments 370 Retail / Fitness 149,955 85,435 80,000 Transit Hub 5,000

Block 5&6 Townhouses 134

Total 320,390 504

In addition, over 140 vacant acres adjacent directly to the south of MTC are in the early planning stages for what is envisioned to be additional mixed-use development with over 1,250 residential units, office and retail. The 140 acres are located at one of the City’s major intersections of Miramar Parkway and Red Road, which serves as an entry gateway into MTC and for traffic entering and exiting the City utilizing the Florida Turnpike Red Road interchange.

A major interchange to the Homestead Extension of the Florida Turnpike is located within one mile of MTC,

while Interstate-75 is just over two miles west of the site. Vehicular trips on Red Road, which fronts MTC, average about 33,000 per day and are expected to increase in future years.

Currently, over 500,000 residents live within five miles of MTC. The area is expected to grow at a rapid pace in the near future as additional units currently under development come on line. Commercial and industrial development is also strong, including the recently approved American Dream Mall, which is only 15 minutes from MTC.

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Block 2

Block 2

City of Miramar

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Block 2 encompasses approximately 3.742 acres and is currently being used as a paved surface parking lot. It has approximately 350 feet of prime frontage on Red Road, a major state arterial road that carries approximately 33,000 trips per day. Exhibit “A” includes the survey and legal description for Block 2. Block 2 is ready for immediate development with requisite utility stub-outs available at the property line.

Block 2 is currently master planned to include another 40,000 square feet of retail and 40,000 square feet of office as reflected in the MTC Conceptual Plan (Exhibit “C”) but developers are encouraged to propose other development scenarios to the extent developers believe these scenarios would better meet current market conditions. Based upon current zoning and land use, there is an opportunity to maximize density on Block 2 with up to five to six-story mixed-use development. However, the City is amenable to updating the zoning and land use code to provide for increased height up to eight stories.

It should be noted that although the City encourages creativity with proposed use mix and wishes to provide the developer flexibility to maximize density on the site, changes to use or density may require the modification of existing entitlements (e.g. deed restrictions, plat, etc.) to accomplish. Although obtaining approvals for such changes would be the responsibility of the developer, the City is prepared to actively participate with the successful proposer in negotiations with outside entities/agencies to achieve these modifications. The City has already communicated with various entities regarding additional residential density allowances on Block 2 and providing up to 250 units. Maximum development density/intensity will largely be governed by the East Miramar Areawide Development of Regional Impact Increment II Development Order thresholds in place and the associated East Miramar Areawide Transportation Improvement (“EMATI”) trips, which does offer the flexibility to switch between

uses based on trip impacts per the Trip Generation Rates Table shown on Exhibit 4 therein (Exhibit “D”). It is estimated that there are currently up to 281 peak P.M. EMATI trips available, with potential flexibility to increase this level.

Block 2 parking requirements will need to be satisfied within the Block 2 site or through an alternative parking strategy acceptable to the City. Increased density alternatives may drive parking requirements to levels that will likely necessitate structured parking, which will need to be architecturally treated to mitigate visibility from street fronts and pedestrian areas, as done on other MTC blocks. Parking ratios by use can be found in the MTC Master Plan/Pattern Book, which can be downloaded at: www.miramarfl.gov/672/Master-Plan-Pattern-Book.

As the last remaining vacant block in MTC, the City envisions Block 2 as the final piece that will help connect and activate all of the uses at MTC. As such, synergies and adjacencies of uses are important characteristics needed to drive traffic and fulfill the authentic downtown experience. A primary goal of the City for the Block 2 development is to create an environment that fuses existing uses and amenities with a mix of new ground level destination retail, sit-down restaurant and/or entertainment functions that are further supported by residential, office, and/or hotel uses above. With regard to potential office development within Block 2, the City is interested in the opportunity to include Shared Workspace and/or Co-Working Space.

Specific to retail opportunities, the MTC Retail Assessment, attached as Exhibit “E”, includes additional information and analysis regarding Block 2. Respondents are encouraged to review and consider its findings and recommendations in full.

THE BLOCK 2 PROPERTY

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The Shell Space is an approximately 14,000 square foot (12,000 square feet net) unfinished space on the ground floor of the Miramar Police Headquarters building. The Shell Space is located on MTC’s main activity corridor City Hall Promenade, which in the future is expected to function as a double-sided retail street flanked by covered arcades with wide sidewalks. The Shell Space is bifurcated by a pedestrian breezeway that connects the 962 space parking garage and transit hub to the street, which results in a larger +/- 7,800 square foot area with a maximum depth of approximately 44 feet and a smaller +/- 4,200 square foot area with a maximum depth of about 30 feet. Both spaces can be subdivided to accommodate multiple tenants and are equipped to handle food service uses with connections to grease traps and mechanical chases. Up to 82 parking spaces are designated in the five-story structured garage located directly behind the Shell Space to fulfill the Shell Space’s parking requirements (they are not available to fulfill Block 2’s parking requirements). Exhibit “B” includes floor plans of the existing Shell Space.

THE SHELL SPACE

City of Miramar

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Uses proposed for the Shell Space should promote pedestrian activity and public engagement and should correlate with uses proposed for Block 2 and existing uses at MTC. Though not limited to the following, the City believes these uses would potentially achieve the City’s goals and intent for the space:

– Sit-down restaurant(s)/café/craft brewery – Museum and/or gallery concepts with heavy pedestrian

traffic and activities (e.g. children’s’ museum) – Bookstore – Other creative concept or approach for use of the space that

encourages pedestrian activity and enriches the other uses/activities at MTC

– Any combination of uses above

“As Is” Condition. Block 2 and the Shell Space will be delivered in “as is condition,” with the developer responsible for site preparation costs and other improvements as set forth below.

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DEVELOPMENT OBJECTIVES & SUBMITTAL REQUIREMENTS

The City is seeking the following from proposers associated with the Block 2 and Shell Space elements of MTC.

Development EntityObjective: The City is looking for a qualified developer or development team to undertake the planning, permitting/entitlement, and development of Block 2 and also enter into a long-term lease (15+ years) for the Shell Space. The City is receptive to either a land sale or land lease approach for Block 2.

Submittal Requirements: Submittals should contain:

• Profile of the Firm – State whether your firm is local, national, or international. Additionally, state the following: – Age and size of the firm – Location of the office where the work on this project is

to be performed – Resumes and/or professional biography for key

personnel including, but not limited to: partner/principal; directors; project management; and full-time professional staff that will be dedicated to the project

– Identify the supervisory and management staff who will be assigned to the project and indicate whether each holds any certifications and licenses applicable to the proposed project

– Provide a detailed description of the nature and status of any pending or completed litigation, claims made, contract disputes, alleged defaults and liens arising in connection with the performance of any services by your company or by current or former members of your firm, within the last three years prior to the due date of this RFP. If proposer intends to utilize subcontractors or sub-consultants, provide similar information for the subcontractors/sub-consultants

• A detailed summary of the developer’s experience in the acquisition and development of TND’s or vertical mixed-use projects similar to MTC. Note, proposer, or at least one of its general partners, must be operating as the same business entity for a minimum of five years and have been successful in the business of providing this type of service continuously for a minimum of five years.

• A brief description of up to three most comparable projects that the developer has successfully developed. Provide the name, address, photographs, references.

• If the developer is proposing a specific master planner, architect, or contractor for the project, provide up to three comparable projects undertaken by each professional. Note for which projects the professional consultants and contractors provided the services on behalf of the developer.

Development Program and IntentObjective: The City is seeking to understand the developer’s intended mix of uses and nature of the proposal, and market-based support for key performance and operating metrics.

Submittal Requirements: Developers are encouraged to submit with their proposals a narrative and graphic summary of their development intent for Block 2 and the Shell Space, including conceptual plans, elevations, renderings, etc. Anticipated square footage per use, residential units and/or hotel rooms, as well as number of stories and estimated parking counts should also be identified.

Submittals should also show outdoor plazas, open areas, covered colonnades, water features, public art and other site amenities geared at enhancing the pedestrian/entertainment experience. Locations of structured parking should also be demarcated.

Developers should include as part of their team experienced master planners/urban designers and/or architects to ensure that proposed site plans and architectural designs follow the MTC Master Plan and Pattern Book guidelines and integrate with the existing MTC context.

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Finally, the developer should provide market-based data supporting demand and feasibility for the proposed development program as well as estimated rental rates/sales prices/room rates for the development program.

Marketing Experience, Approach, and Management for ProjectObjective: The City is looking for developers and/or management/leasing team members who have broad experience marketing projects of a similar scale and profile.

Submission Requirements: Developers should demonstrate significant experience in the marketing and management of a regional retail site and/or mixed-use development of comparable size and scale. The City desires to understand the underlying marketing approach, vision, and management approach that the developer envisions for this site. The developer should also provide brief biographies of the key team members which will oversee the marketing and management effort.

Project TimingObjective: The City desires that Block 2 be developed as soon as possible, consistent with market realities, requirements for entitlements, work necessary to create a satisfactory market setting, the conveyance schedule, etc.

Submission Requirements: Submittals should include a proposed project schedule that outlines timing for conveyance or lease of Block 2, entitlement acquisitions, obtaining regulatory approvals (e.g. site planning, permitting, etc.) and construction, at a minimum. The project schedule should identify any proposed sequence of phasing.

Although it will be the sole responsibility of the developer to obtain additional entitlements beyond what currently exists, the City is prepared to assist the developer in negotiations with outside entities/agencies to obtain additional entitlements for Block 2.

Financial RequirementsObjective: The City is seeking a developer with the financial history and capacity to carry out the project consistent with the project schedule.

Submission Requirements: Developers will be required to provide sufficient evidence that they have, or can secure within a reasonable amount of time, the necessary financial resources to complete the proposed project in a timely fashion and provide long-term financial support to the project after built.

Evidence can take the form of the developer’s audited or compiled financial statements, or signed letters from banks or equity sources with verifiable funds to complete the project, with such letters to be on bank or equity source letterhead and to include details of the financial entity’s experience in working with the developer on similar-sized or larger projects and the financial entity’s willingness to consider funding the MTC project subject to successful negotiations and due diligence.

Block 2 Property Lease/Purchase Price and Shell Space Lease Rate/TermsObjective: The City is interested in obtaining the optimal development for Block 2 and is also seeking to maximize the return on its acquisition investment in Block 2.

For the Shell Space, the City is seeking to engage in a long-term master lease which will require developer to undertake activities associated with improvement, leasing, and management of the Shell Space in accordance with City’s objective outlined in preceding sections.

Submission Requirement: Based upon the development program, the developer shall submit a purchase price and/or annual base ground lease payment for the Block 2 Property. Ground lease payments must be adjusted over the life of the lease by CPI or some reasonable methodology which approximates the rate of inflation.

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As noted in the selection criteria below, while price will be a factor in selecting the developer, it will not be the controlling factor.

For the Shell Space, the City anticipates a triple-net (NNN) long-term lease of at least 15 years based on a per square foot rental rate consistent with current market conditions. The successful developer will be required to:

• Fully fund the interior buildout for the Shell Space (to include design, construction, permitting, etc.)

• Independently operate and manage the space and the use(s) once constructed without any City subsidy (including but not limited to costs for subleasing, utilities, maintenance, staffing, etc.)

The proposed rental rate should include annual escalations either by CPI or some reasonable methodology which approximates the rate of inflation in the future.

Additional Needs – Subject to negotiations, the developer will be expected to participate in the completion of various improvements identified in the MTC Retail Assessment that are considered essential to ensure the successful development of MTC’s retail uses. These include:

• Red Road Left-turn Lane: Installation of a left-turn lane from Red Road into Civic Center Place to allow for direct access into MTC for vehicles traveling south on Red Road. The City recently received Florida Department of Transportation variance and construction plan approval for the left-turn lane, as well

as plat modification approval for the Non-Vehicular Access Line from Broward County. The developer will be required to enter into the necessary agreements with Broward County and complete the construction of the left-turn lane and associated improvements. This improvement is estimated to cost $300,000.

• On-Site Management, Programming, Branding and Marketing Campaign: As it relates to Block 2 and the Shell Space, development and implementation of a programming, branding and marketing campaign in order to generate a critical mass of patrons for retailers and to attract potential tenants. Establishment of a proactive on-site management plan to ensure that short-, mid-, and long-term management tactics are in place to guide operations.

City’s Remedies – Should developer opt to purchase Block 2, the City will seek to include a repurchase option in favor of the City at the original sales price should an uncured default related to the development schedule occur for all or a portion of Block 2. Should the default occur on only a portion of Block 2, the City may elect to repurchase the undeveloped portion of Block 2 at a price to be calculated on a per square foot basis. Should developer choose a land lease, the City will seek to recover full ownership of the property, including the possession of any infrastructure and vertical development.

The City will consider other forms of security to ensure the timely development of Block 2, such as a performance bond or letter of credit.

City of Miramar

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PROPOSAL EVALUATION AND NEGOTIATION PROCESSA. Evaluation CriteriaThe City will evaluate the merits of submitted proposals relative to each other as well as relative to alternate means of fulfilling its objectives for Block 2 and the Shell Space.

Proposals will be evaluated using the following criteria with the associated weighting of each criterion. As noted below, adequate experience and capability to successfully undertake the proposed project is a minimum standard which must be met before any other criterion is considered:

• Capability of the Proposer and Development Team (30 points). Primary focus will be on the experience, qualifications, and financial capability of the proposer (and financial partner, if any is identified and to the extent firmly committed) considering: track record of securing financing for (or itself financing) and developing projects of comparable nature and comparable or greater scale and of high quality in terms of their use and architecture; evidence of retail leasing, management and operating experience; evidence of financing relationships and interest of a financial partner in the proposed project; other information indicating the proposer’s financial capacity which it chooses to provide at this stage; reputation in the industry for competence and integrity; and successful public-private development experience, if any. The capability and track record for high quality design of the architect/design team will also be considered. Note that a proposer whose qualifications and financial capacity are not considered adequate to successfully undertake the project will not be considered, regardless of the proposal’s merits on other criteria. Assuming adequacy of qualifications, relative qualifications and capacity will be considered a comparative criterion weighed along with the other criteria.

• Extent to which the Proposed Block 2 Development Concept Meets the City’s Goals (25 points). This would include the proposed project’s ability to: (1) provide the desired mix of uses envisioned for Block 2, as well as establish design criteria that are compatible with existing MTC uses; (2) be capable of delivery in a timely manner, considering likelihood of securing approvals in a timely manner; (3) be financially feasible in light of current market conditions; (4) create a downtown activity/entertainment destination that brings together all of the uses at MTC; and, (5) generate direct or clearly identifiable indirect revenues to the City from the project.

• Experience Leasing, Managing and Operating Uses Similar to Those Proposed (25 points). This demonstrates the proposer’s ability to lease, manage and operate retail properties comparable to any retail built as part of Block 2 and the Shell Space, including: marketing strategies; retail property leasing and management experience; and, retail property operation and maintenance experience.

• Financial Return to City (20 points). This criterion includes the value of the proposed purchase price or land lease terms for Block 2, as well as the developer’s intent to operate the Shell Space, including proposed lease terms. It should be noted that, although revenue generated by Block 2 and the Shell Space is an important evaluation criterion, the City is not obligated to negotiate with the proposer who proposes the highest financial return to the City. Block 2 proposals which include a commitment to set aside at least 15% of residential units available for workforce housing affordable to families with incomes of less than 120% of area median income will be ranked higher than a comparable project without workforce housing. As noted above, proposals which include both Block 2 and the Shell Space will be given added weight.

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B. DepositProposals must be accompanied by a cashier’s check for $10,000, payable to the City of Miramar. This deposit will be refunded to unsuccessful proposers. The successful proposer shall be required to deposit with the City another $25,000 (or more if increased through negotiations) within five business days after City Commission approval of the negotiated Purchase and Sale Agreement and/or Ground Lease Agreement. Five business days following City Commission approval of the negotiated Purchase and Sale Agreement and/or Ground Lease Agreement, all deposits shall become non-refundable.

C. Negotiation Process Immediately following notice to the proposer selected and approved by the City Commission, the City and the selected proposer will enter into negotiations for a period of up to 120 days. The form and content of any Purchase Agreement or Land Lease Agreement for Block 2 and any Retail Lease Agreement for the Shell Space (if applicable) to be negotiated must be substantially in accordance with the terms and conditions included in this RFP and with the selected proposer’s proposal.

If the City and the selected proposer have not concluded negotiations and executed the necessary agreements within 120 days, but the City Manager, in his or her sole

discretion, believes that the negotiations are proceeding in good faith and will be successfully concluded, and if the selected proposer agrees to continue negotiations, the City Manager may extend the negotiation period for up to an additional 120 days in the City Manager’s sole discretion. Further extensions to the negotiation period may be granted by the City Manager in his or her sole discretion. If the City and the selected proposer cannot negotiate a successful agreement within the time period described in this RFP, and an extension is not granted by the City Manager, the City Manager may then authorize negotiations to begin with the next ranked proposer, following the scheduling timeframes outlined herein or issue a new RFP. This process will continue until either an agreement has been executed, or the City, through the City Manager, terminates further action under this RFP. No proposer shall have any rights against the City arising from such negotiations.

If an agreement is successfully negotiated and signed by the proposer, the signed agreement, along with a recommendation from the City Manager, will be presented to the City Commission. The City Commission’s decision of whether to approve the agreement as being in the best interest of the City shall be final.

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PROPOSAL EVALUATION AND NEGOTIATION PROCESS

D. Solicitation TimetableThe scheduling of the RFP process is as follows:

RFP advertised and available for distribution WEDNESDAY, SEPTEMBER 5, 2018

Non-mandatory pre-proposal conference THURSDAY, SEPTEMBER 20, 2018

Deadline for receipt of questions TUESDAY, OCTOBER 2, 2018

Addendum issued with City responses to questions TUESDAY, OCTOBER 16, 2018

Due date for receipt of responses to RFP WEDNESDAY, DECEMBER 5, 2018

Completion of review and shortlisting of submissions and determination of qualified developers by City TUESDAY, JANUARY 15, 2019

Developer selection by City Commission WEDNESDAY, FEBRUARY 20, 2019

Negotiation/contract finalization with top ranked developer THURSDAY, JUNE 20, 2019

Award of negotiated contract by City Commission WEDNESDAY, JULY 3, 2019

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INSTRUCTIONS FOR SUBMITTING A PROPOSAL

Each proposal submitted to the City will have the following information clearly marked on the face of the envelope:

a. Proposer’s name and return address;b. Solicitation number;c. Solicitation due date and time; andd. Title of the solicitation.

Failure to include this information may result in a proposal being deemed “non-responsive.”. A proposer shall have no grounds to protest should a proposal that has failed to include the information described above be opened in error.

All proposals must be submitted on 8 ½ inch by 11-inch paper, neatly typed on one side only, with one inch margins and single line spacing. The original document package must not be bound. However, document package copies should be individually bound and may be copied on both sides. An unbound one-sided original and four bound copies (a total of five) and one CD-ROM or USB with an electronic version of the complete proposal must be received by the deadline for receipt of proposals specified in the Solicitation Timetable set forth above. The original and all copies must be in a sealed envelope or container setting forth the information listed in items (a) through (d) above and submitted to:

OFFICE OF THE CITY CLERKCITY OF MIRAMAR

2300 CIVIC CENTER PLACEMIRAMAR, FL 33025

City of Miramar

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Proposals submitted at the same time for different requests for proposals shall be placed in separate envelopes and each envelope shall separately set forth the information listed in items (a) through (d) above. Failure to comply with this requirement shall result in any such incorrectly packaged proposals not being considered.

NOTE: The RFP number must be stated clearly on the envelope or container containing the proposal. All required forms must be completed by the Firm submitting the proposal.

SUBMITTING A PROPOSAL TO THE OFFICE OF THE CITY CLERK ON OR BEFORE THE STATED DATE AND TIME OF:

WEDNESDAY, DECEMBER 5, 2018AT 2:00 P.M. EST

IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE POSTAL SERVICE, OR DELAYS CAUSED BY ANY OTHER OCCURRENCE. ANY PROPOSAL RECEIVED AFTER THE DEADLINE FOR RECEIPT OF PROPOSALS STATED IN THE SOLICITATION TIMETABLE IN THIS REQUEST FOR PROPOSALS SHALL NOT BE OPENED AND SHALL NOT BE CONSIDERED. TELEGRAPHIC OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED.

Hand-carried proposals may be delivered to the above address during the City’s regular business hours, Monday through Thursday, between the hours of 7:00 A.M. to 6:00 P.M., excluding holidays observed by the City, but not beyond the due date and time. Proposers are solely responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required information appears on the outer wrapper or envelope used by such service.

The proposal must be signed by an authorized officer of the proposer who is legally authorized to enter into a contractual relationship in the name of the proposer. The submittal of a proposal by a proposer will be considered by the City as constituting an offer by the proposer to perform the required services and/or provide the required goods at the price stated by the proposer.

PRE-PROPOSAL CONFERENCE A non-mandatory pre-proposal conference will be held at Miramar City Hall on Thursday, September 20, 2018 at 10:00 A.M. Although attendance is not required at the pre-proposal conference, it is encouraged. Subsequent to the pre-proposal conference, questions will be accepted in writing by no later than Tuesday, October 2, 2018 at 5:00 P.M. addressed to the contact persons listed in Appendix A – Section 1-21.

SPECIAL REQUIREMENTSProposers must read and comply with the Terms and Conditions attached hereto as Appendix A and complete all forms attached in Appendix B for submittal with a proposal by the due date and time. It will be the sole responsibility of the proposer to read the Terms and Conditions in Appendix A and complete the forms in Appendix B. Failure to complete and return the forms attached in Appendix B with a proposal submitted by the due date and time may deem a proposal non-responsive.

Request For Proposals

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CITY OF MIRAMAR - RFP #18-08-37

APPENDIX A GENERAL TERMS AND CONDITIONS

1-1 DEFINITIONS

The term “Chief Procurement Officer” shall refer to the Director of the City’s Procurement Department.

The term "City" shall refer to the City of Miramar, Florida, or its City Commission,

as applicable.

The term "Contract" shall refer to the Contract or Contracts that may result from this Request for Proposals.

The terms “CBE Firm” or “SBE Firm” shall respectively refer to a County Business

Enterprise (“CBE”) or Small Business Enterprise (“SBE”) as defined by Section 1-81.1(c) of the Code of Ordinances of Broward County, Florida, that has a Broward County Business Tax Receipt, is located and doing business in Broward County, and is certified as such by the Broward County Office of Economic Development and Small Business Development.

The term “Due Date and Time” shall refer to the due date and time listed in the

Solicitation Timetable.

The term "Goods” shall refer to all materials and commodities that will be required to be provided by the Successful Proposer in accordance with the Scope of Work or Services, and the Terms and Conditions of this Solicitation.

The term “Local Business” shall refer to a firm that has an office and is actively doing business within the City of Miramar, is domiciled within the City of Miramar City limits, and is in compliance with all City of Miramar licensing requirements and be current on all City taxes.

The term "Procurement Office" shall refer to the Procurement Department of the City of Miramar.

The term "Proposal" shall refer to any offer(s) submitted in response to this Request for Proposals.

The term “Proposal Forms” shall refer to any and all forms required to be

completed by the Proposer in submitting a Proposal in response to this Solicitation.

The terms “Proposer” or the “Firm” shall refer to any person or entity submitting a Proposal in response to this Request for Proposals.

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The terms "Provider" or "Successful Proposer" shall refer to the Proposer receiving an award as a result of this Request for Proposals.

The terms "Request for Proposals", “RFP” or “Solicitation” shall mean this Request

for Proposals, including all Exhibits and Attachments as approved by the City, and amendments or change orders issued by the Procurement Department.

The term “Specifications” shall refer to any and all requirements set forth in this

Solicitation relating to the Goods and/or Services to be provided by the Successful Proposer.

The term "Subcontractor" or “Subconsultant” shall refer to any person, firm, entity,

or organization, other than the employees of the Successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the Work or Services to the City, whether directly or indirectly, on behalf of the Successful Proposer.

The terms "Work", "Services", “Program”, “Project”, or “Engagement” shall refer to

all matters and things that will be required to be done by the Successful Proposer in accordance with the Scope of Work or Services, and the Terms and Conditions of this Solicitation. 1-2 AVAILABILITY OF REQUEST FOR PROPOSALS

Copies of this Solicitation package may be accessed on DemandStar at www.demandstar.com or by calling (800) 711-1712. DemandStar distributes the City’s solicitations through electronic download, by facsimile, or through the U.S. Postal Service. Proposers are not required to register with DemandStar to receive a copy of any City solicitation. Registration with DemandStar is optional, at the sole discretion of the Proposer. DemandStar charges a nominal fee for distribution of solicitation packages.

Proposers choosing to register with DemandStar may do so online at www.demandstar.com or by requesting a faxed registration form by calling (800) 711-1712. Note: If you are already registered with DemandStar for Broward County, you do NOT need to register again.

Proposers who obtain copies of this Solicitation from sources other than

DemandStar or the City’s Procurement Department run the risk of not receiving amendments to the Solicitation because their names will not be included on the list of Firms participating in the process for this particular Solicitation. Such Proposers are solely responsible for those risks. 1-3 CONE OF SILENCE

Proposers are notified that this Solicitation is subject to a “Cone of Silence.”

Pursuant to Section 2-421 of the City Code of Ordinances (“Code”), “Cone of Silence” is defined to mean a prohibition on any communication regarding this RFP between a

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potential contractor, service provider, bidder, proposer, offeror, lobbyist, or consultant and the City’s personnel, including but not limited to the City Manager, a member of the City’s professional staff, or any member of the selection committee. Notwithstanding the foregoing, this Cone of Silence does not apply to oral communications at pre-proposal conferences; oral presentations before evaluation committees; Contract negotiations; public presentations made to the City Commission during any duly noticed public meeting; or communications in writing at any time with any City employee, official, or member of the City Commission regarding matters not concerning this Solicitation.

The Cone of Silence shall terminate at the time the City Manager or her designee

makes a recommendation to the City Commission at a duly scheduled meeting of the City Commission; provided, however, that if the City Commission refers the City Manager's recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent recommendation.

1-4 INTERPRETATIONS AND REPRESENTATIONS

If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of this RFP, he/she may submit to the City a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery in accordance with Section 1-7 below. Any interpretation will be made only by an addendum. Failure on the part of the prospective Proposer to receive a written interpretation before the submission deadline will not be grounds for withdrawal of a Proposal. Proposer will acknowledge receipt of each addendum issued by stating so in his/her Proposal. No oral explanation or instruction of any kind or nature whatsoever given before the award of a Contract to a Proposer shall be binding. The Proposer shall not rely on any representation, statement or explanation other than those made in this Solicitation document or in any addenda issued. Where there appears to be a conflict between this Solicitation and any addenda issued, the last addendum issued will prevail. See also Section 1-5 below.

1-5 RECEIPT OF ADDENDA AND SUBSTITUTE PROPOSAL FORMS

It is the Proposer’s responsibility to ensure receipt of all addenda and to substitute Proposal Forms. It is the Proposer’s further responsibility to verify with the Procurement Office, prior to submitting a Proposal, that all addenda have been received. 1-6 CONTENTS OF SOLICITATION

a) General Conditions.

1) It is the sole responsibility of the Proposer to become thoroughly familiar with the Solicitation requirements and all terms and conditions affecting the performance of this Solicitation. Pleas of ignorance by the Proposer of conditions that exist, or that may exist, will not be accepted as a basis for varying the requirements of the City or the compensation to be paid to the Provider.

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2) The Proposer is advised that this Solicitation is subject to all legal requirements and all other applicable City and county ordinances and/or state and federal statutes, rules and regulations.

b) Additional Information/Amendment.

1) Requests for additional information, explanation, clarification

or interpretation must be made in writing to the Procurement Office at the address identified above, pursuant to Sections 1-4 and 1-5 above. A request must be received by the Procurement Office no later than seven working days prior to the Solicitation Due Date and Time. Any request received after that time may not be reviewed for inclusion in this Solicitation. The request shall contain the requester's name, address, and telephone number.

2) The Procurement Office may issue a response to any inquiry

if it deems necessary, by written amendment in the form of an addendum to the Solicitation, which shall be issued prior to the Solicitation Due Date and Time. The Proposer shall not rely on any representation, statement or explanation other than those made in this Solicitation document or in any amendments/addenda issued.

3) It is the Proposer's sole responsibility to ensure receipt of all

amendments/addenda and substitute Proposal Forms. It is the Proposer's further responsibility to verify with the Procurement Office, prior to submitting a Proposal, that all amendments/addenda have been received. Proposers shall submit the Proposal form entitled “ADDENDA ACKNOWLEDGMENT FORM” with their Proposals.

c) Conflicts in this Solicitation.

Where there appears to be a conflict between the General Terms and

Conditions, the Special Conditions, the Specifications or Scope of Services, the Contract or any amendment/addendum issued, the order of precedence shall be: the last addendum issued; the Specifications or Scope of Services; the Special Conditions; the General Terms and Conditions, and then the Contract.

Where there appears to be a conflict in the Due Date and Time listed anywhere in this Solicitation, it is the sole responsibility of the potential Proposer to verify the Due Date and Time by calling the City’s Procurement Office at (954) 602-3053.

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1-7 PREPARATION AND SUBMISSION OF A PROPOSAL a) Preparation/Submission

1) The Proposal Forms shall be used when submitting a Proposal. Use of any other forms may result in the Proposer's Proposal being deemed “Non-Responsive.”

2) The Proposal shall either be typed or completed legibly in ink.

The Proposer's authorized agent shall sign the Proposal Forms in ink and all corrections made by the Proposer shall be initialed in ink by the authorized agent. The use of pencil or erasable ink or the failure to comply with any of the foregoing may result in the rejection of the Proposal.

3) Upon request, the City will provide a tax exemption certificate,

if applicable. Any special tax requirements will be specified either in the Special Conditions or in the Specifications.

4) Telegraphic or facsimile Proposals shall not be considered. 5) The apparent silence of the Specifications, and any

amendment regarding any details, or the omission from the Specifications of a detailed description concerning any materials or Services requested, shall be regarded and interpreted as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of the Specifications shall be made upon the basis of this Solicitation.

b) Criminal Conviction Disclosure

Any individual Proposer who has been convicted of a felony during the past

10 years and any corporation, partnership, joint venture or other legal entity Proposer having an officer, director, member/manager or executive who has been convicted of a felony during the past 10 years shall disclose this information prior to entering into a Contract with or receiving funding from the City. Forms for the disclosure of such a criminal conviction are available from the Procurement Office.

c) Sworn Statement on Public Entity Crimes Pursuant to Paragraph (2)(a) of Section 287.133, Florida Statutes, "A

person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public

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entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list."

d) Preference for Local Bidders Except where federal, state or county law mandates to the contrary, or as

otherwise provided herein, the City, pursuant to its purchasing authority, shall grant a preference in the amount of five percent of any bid or five points of any Proposal score to a Local Business. Such preference shall apply to bids or Proposals for commodities, Services and construction.

e) Preference for Businesses Employing Miramar Residents A vendor located outside of the City of Miramar City limits is considered

equivalent to a Miramar vendor and accorded the same preference if it employs a minimum of 10 full time equivalent (“FTE”) Miramar residents or Miramar residents constitute 20 percent of the FTE of the company’s local workforce (in Broward and Miami-Dade Counties), whichever is larger. Such preference shall apply to bids or Proposals for commodities, Services and construction.

f) Preference for CBE or SBE Firms Except where federal, state or county law mandates to the contrary, or as

otherwise provided herein, the City, pursuant to its purchasing authority, shall grant a preference in the amount of five percent of any bid or five points of any Proposal score to a CBE or SBE Firm. Such preference shall apply to bids or Proposals for commodities, Services and construction.

g) Application of Preferences

In the application of any price preference granted by the City Code or City

policy, the preference is applied by granting the specified percent price reduction to the price of the bidder/Proposer allowed the preference. Preferences shall be additive and computed as a whole on the bid or Proposal.

h) Drug-free Workplace Preference All public bids or Proposals are subject to the City of Miramar Preference to

Businesses with Drug-free Workplace Programs as set forth in Section 2-456(d) of the City’s Code. The City grants a preference to a business with a drug-free workplace program whenever two or more Proposals are equal with respect to price, quality, and Services. The Drug-free Workplace Vendor shall have the burden of demonstrating that its program complies with Section 287.087, Florida Statutes, and all other applicable state law. All Proposers shall submit the form entitled “DRUG-FREE WORKPLACE AFFIDAVIT”.

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i) Anti-Kickback Affidavit All Proposers shall submit the duly signed and notarized form entitled

“ANTI-KICKBACK AFFIDAVIT”. j) Non-Collusion Declaration All Proposers shall affirm that they have not and shall not collude, conspire,

connive or agree, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Services for which their Proposal has been submitted, or to refrain from offering a Proposal in connection with such Service; or, in any manner, directly or indirectly, been sought by another person to fix the price or prices in the Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Proposer, or any person interested in the proposed Services. All Proposers shall submit the duly signed form entitled “NON-COLLUSION DECLARATION”.

k) Non-Discrimination Affidavit All Proposers shall affirm that their organization shall not discriminate

against any person in its operations, activities or delivery of Services. Proposers shall also affirmatively comply with all applicable provisions of federal, state and local equal employment laws, and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor that cannot lawfully be used as a basis for Service delivery. All Proposers shall submit the duly signed and notarized form entitled “NON-DISCRIMINATION AFFIDAVIT”.

l) Business/Vendor Profile Survey All Proposers shall provide the City with the information requested in the

Business/Vendor Profile Survey prior to being recommended for award of any Contract resulting from this Solicitation.

m) Request for Taxpayer Identification Number and Certification All Proposers shall provide the City with their Taxpayer Identification

Number prior to being recommended for award of any Contract resulting from this Solicitation.

n) Antitrust Laws By submitting a signed Proposal, the Successful Proposer acknowledges

compliance with all antitrust laws of the United States and the State of Florida in order to protect the public from restraint of trade, which illegally increases prices.

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o) Conflicts of Interest The award of a Contract is subject to the provisions of Chapter 112, Florida

Statutes. Proposers shall disclose the name of any officer, director, partner, associate, or agent who is also an officer, appointee, or employee of the City at the time of the Proposal or at the time of an occurrence of a conflict of interest.

p) Collection of Fees and Taxes By accepting the award of a Contract, the Successful Proposer

acknowledges compliance with the requirement that all delinquent and currently due fees and taxes have been paid. The City may require verification and satisfaction of all delinquencies and currently due fees and taxes prior to recommending a Proposer for the award of any Contract.

1-8 MODIFICATION OR WITHDRAWAL OF A PROPOSAL

a) Modification of a Proposal Any modification of a Proposal by the Proposer shall be submitted to the

Office of the City Clerk prior to the Solicitation Due Date and Time. The Proposer shall submit the new Proposal and a letter, on company letterhead, signed by an authorized agent of the Proposer stating that the new submittal supersedes the previously submitted Proposal. The sealed envelope or container shall contain the same information as required for submitting the original Proposal. In addition, the envelope or container shall be marked with a statement that “This Proposal Replaces the Previously Submitted Proposal.” No modifications of a Proposal shall be accepted after the Solicitation Due Date and Time.

b) Withdrawal of a Proposal A Proposal may be withdrawn at any time prior to the Solicitation Due Date

and Time. A Proposal may also be withdrawn 180 or more calendar days after the Solicitation Due Date and Time, provided that the Proposal is withdrawn prior to a recommendation for the award of a Contract is made. Withdrawals may only be made by written communication delivered to the Office of the City Clerk at the address identified in this Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Proposer.

1-9 LATE PROPOSALS, LATE MODIFICATIONS, AND LATE WITHDRAWALS Proposals received after the Solicitation Due Date and Time will not be accepted, opened, or considered. Modifications of Proposals received after the Solicitation Due Date and Time will also not be accepted or considered. Withdrawals of Proposals

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received after the Solicitation Due Date and Time or prior to the expiration of 180 calendar days after the Solicitation Due Date and Time will not be accepted or considered. 1-10 SOLICITATION POSTPONEMENT OR CANCELLATION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all Proposals, re-advertise this Solicitation, postpone or cancel, at any time, this Solicitation process, or waive any irregularities in this Solicitation or in the Proposals received as a result of this Solicitation. 1-11 COST OF PROPOSALS All expenses involved with the preparation and submission of Proposals to the City, or any Services provided in connection therewith, shall be borne by the Proposer(s). No payment shall be made for any responses received or for any other effort required of or made by the Proposer(s) prior to the provision of Services as defined by a contract duly approved by the City Commission. 1-12 ORAL PRESENTATIONS The City may require Proposers to perform an oral presentation in support of their Proposals or to exhibit or otherwise demonstrate the information contained therein. This presentation or demonstration may be performed before the Evaluation/Selection Committee or the City Commission. If required, the City shall notify Proposers with as much advance notice as possible prior to the date of such a presentation. 1-13 EXCEPTIONS TO THE SOLICITATION Proposers may take exception to any of the terms of this Solicitation unless the Solicitation specifically states where exceptions may not be taken. All exceptions taken shall be submitted in writing by the date for the deadline for questions. Where exceptions are taken, the City, in its sole discretion, shall determine whether to consider the exception and/or the acceptability of the proposed exceptions. The City is under no obligation to accept or consider any exceptions or accept any Proposal with an exception. Proposers are reminded that they may submit one Proposal without exceptions and an alternate Proposal with exceptions. 1-14 PROPRIETARY AND/ OR CONFIDENTIAL INFORMATION Proposers are notified that all information submitted as part of or in support of Proposals will be available for public inspection after opening of the Proposals, in

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compliance with Chapter 119, Florida Statutes, popularly known as the “Public Records Law”. Any person wishing to view the Proposals in person may make an appointment by calling the Procurement Office at (954) 602-3054. All Proposals submitted in response to this Solicitation become the property of the City. Unless the City is notified and acknowledges that the information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Proposal when determined to be in the City’s best interest. Acceptance or rejection of any Proposal shall not nullify the City’s rights hereunder. 1-15 EVALUATION OF PROPOSALS

a) Rejection of Proposal.

1) The City may reject any Proposer's Proposal and award the Contract to the next highest evaluation scoring, responsive, responsible Proposer;

or The City may reject the entire or any portion of all Proposals

submitted and re-advertise for all or any part of this Solicitation, whenever it is deemed in the best interest of the City. The City shall be the sole judge of what is in its "best interest."

2) The City may reject any Proposal if the Proposer does not

accept or attempts to modify the terms and conditions of this Solicitation.

b) Elimination from Consideration.

No Contract shall be awarded to any person or firm that is in default to the City as a result of any debt, taxes, or any other obligation whatsoever.

c) Waiver of Informalities.

The City reserves the right to waive any informalities or irregularities in this Solicitation.

d) Demonstration of Competency.

1) A Proposal shall only be considered from a Firm that is regularly engaged in the business of providing the Goods and/or Services required by this Solicitation. Proposers must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the Goods and/or Services if awarded the Contract as a result of this Solicitation.

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2) The City may conduct a pre-award inspection of the Proposer’s site or hold a pre-award qualification hearing to determine if the Proposer possesses the requirement(s) as outlined in the above paragraph and is capable of performing the requirement(s) of this Solicitation. The City may consider any evidence available regarding the financial, technical or other qualifications and abilities of the Proposer, including past performance (experience) with the City or any other governmental entity in making the award of a Contract.

3) The City may require the Proposer to show evidence that it

has been designated as an authorized representative of a manufacturer, supplier and/or distributor if required by this Solicitation.

4) The City reserves the right to audit all records, financial or

otherwise, pertaining to and resulting from any award as a result of this Solicitation.

1-16 RIGHT TO APPEAL AWARD RECOMMENDATION

After a notice of intent to award a Contract is posted, any actual or prospective bidder/Proposer who is aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the Chief Procurement Officer. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and accompanying fee is received by the Chief Procurement Officer.

A nonrefundable filing fee from protester is required to compensate the City for the

expenses of administering the protest. The fee shall be in the form of cash or a cashier's check, and in accordance with the schedule set forth below: Contract Award Amount Filing Fee $10,000-$50,000 $500.00 $50,001-$250,000 $1,000.00 $250,001 and greater 1% of the pending award or $5,000.00,

whichever is greater 1-17 RESULTING CONTRACTOR OBLIGATIONS

a) Rules, Regulations, Licensing, and Other Requirements The Proposer shall comply with all laws and regulations applicable to the

Goods and/or Services requested in this Solicitation. The Proposer is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the Goods and/or Services offered.

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b) Condition of Packaging and Packaging Materials If applicable, and unless otherwise specified in the Special Conditions or

Specifications, all containers shall be suitable for shipment and/or storage and recyclable to the greatest extent possible.

1-18 METHOD OF AWARD

The award of any Contract resulting from this Solicitation will be made to the highest evaluation scoring, responsive, responsible Proposer whose Proposal will be the most advantageous to the City, taking into consideration price and the other evaluation factors set forth in this Solicitation. 1-19 METHOD OF PAYMENT: PERIODIC INVOICES FOR SERVICES RENDERED The Successful Proposer(s) shall submit fully documented invoices within 30 calendar days after Services have been rendered. These invoices shall be submitted to the City of Miramar, ATTN: Accounts Payable, 2300 Civic Center Place, Miramar, Florida 33025. All documentation shall reference the appropriate Contract number, the type of Service(s) provided, and the dates or period that the Service(s) were provided in the prior 30 days. 1-20 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The Successful Proposer understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. The City and Successful Proposer agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time.

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1-21 SOLICITATION POINT OF CONTACT For any additional information regarding the Scope of Services and requirements of this Solicitation, contact the Procurement Office at:

Procurement Department City of Miramar

2300 Civic Center Place Miramar, FL 33025 Natalie Richmond

Procurement Analyst Phone: (954) 602-3196

Fax: (954) 602-4573 narichmond@miramarfl.gov

OR

Luz Bartra Procurement Specialist Phone: (954) 602-3065

Fax: (954) 602-3631 lmbartra@miramarfl.gov

1-22 AUDIT AND INSPECTION RIGHTS The City may, at reasonable times, and for a period of up to three years following the date of final performance of Services by the Successful Proposer under the Contract, audit, or cause to be audited, those books and records of the Successful Proposer which are related to the Successful Proposer’s performance under the Contract. The Successful Proposer shall agree to maintain all such books and records at its principal place of business for a period of three years after final payment is made under the Contract. The City may, at reasonable times during the term of the Contract, perform such inspections as the City deems reasonably necessary to determine whether the Services and/or Work required to be provided by the Successful Proposer under the Contract conform to the terms of the Contract. The Successful Proposer shall make available to the City all reasonable assistance to facilitate the performance of inspections by the City’s representatives. 1-23 AMENDMENTS AND ASSIGNMENT No modification, amendment or alteration of the terms and conditions contained in the Contract shall be effective unless contained in a written document executed with the same formality as the Contract.

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The Successful Proposer shall not transfer or assign the performance of Services called for in the Contract without the prior written consent of the City, which may be withheld or conditioned in the City’s sole discretion.

1-24 GOVERNING LAW AND VENUE

The Contract shall be construed in accordance with and governed by the laws of

the State of Florida. Venue for any action arising out of or relating to the Contract shall be in Broward County, Florida. 1-25 NON-DISCRIMINATION

The Successful Proposer shall represent and warrant to the City that the

Successful Proposer does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Successful Proposer’s performance under the Contract on account of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for delivery of Services. The Successful Proposer shall further covenant that no otherwise qualified individual shall, solely by reason of his/her race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for delivery of Services, be excluded from participation in, be denied Services, or be subject to discrimination under any provision of the Contract.

1-26 PUBLIC RECORDS

A. Public Records: CONTRACTOR shall comply with The Florida Public Records Act as follows:

1. Keep and maintain public records that ordinarily and necessarily

would be required by CITY in order to perform the service. 2. Upon request by CITY’s records custodian, provide CITY with a copy

of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and

exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement.

4. Upon completion of the Agreement or in the event of termination of

the Agreement by either party, any and all public records relating to the Agreement in the possession of CONTRACTOR shall be

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delivered by CONTRACTOR to CITY, at no cost to CITY, within seven days. All records stored electronically by CONTRACTOR shall be delivered to CITY in a format that is compatible with CITY’s information technology systems. Once the public records have been delivered to CITY upon completion or termination of the Agreement, CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public record disclosure requirements.

5. CONTRACTOR’S failure or refusal to comply with the provisions of

this Section shall result in the immediate termination of the Agreement by the CITY.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 954-602-3011, dagibbs@miramarfl.gov OR BY MAIL: City Of Miramar – City Clerk’s Office, 2300 Civic Center Place, Miramar, FL 33025.

B. Ownership of Documents: Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with the Agreement are and shall remain the property of CITY. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein.

1-27 SCRUTINIZED COMPANIES

A. Contractor certifies that it and its subcontractors are not on the Scrutinized

Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.

B. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor , its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on

16

the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement.

C. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement.

D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative.

1-28 MISCELLANEOUS

a. The Successful Proposer shall, without additional expense to the City, be responsible for paying any taxes, obtaining any necessary licenses and for complying with all applicable federal, state, county, and municipal laws, ordinances and regulations in connection with the performance of the Services specified herein.

b. Precautions shall be exercised at all times for the protection of persons and

property. The Successful Proposer and all Subcontractors shall conform to all OSHA, federal, state, county, and City regulations while performing under the terms and conditions of the Contract. Any fines levied by the above-mentioned authorities because of failure to comply with these requirements shall be borne solely by the Successful Proposer responsible for the same.

c. The Successful Proposer understands and agrees that any information, document,

report or any other material whatsoever which is given to the Successful Proposer by the City, or which is otherwise obtained or prepared by the Successful Proposer pursuant to or under the terms of the Contract, shall at all times remain the property of the City. The Successful Proposer agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City, which may be withheld or conditioned by the City in its sole discretion.

d. The Successful Proposer shall represent and warrant to the City that it has not

employed or retained any person or company employed by the City to solicit or secure the Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award or making of the Contract. For the breach or violation of this provision, the City shall have the right, at its discretion, to terminate the Contract without liability, to deduct from the Contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.

e. The Successful Proposer shall understand that agreements between private

entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. The City and Successful Proposer shall agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time.

17

1-29 SILENCE OF SCOPE OF SERVICES The apparent silence of the foregoing Scope of Services as to any detail or omission from it as to a detailed description concerning any specifics shall be regarded as meaning that only the best commercial practices are to prevail and that only equipment and workmanship of first quality are to be used. All interpretations of this Scope of Services shall be made upon the basis of this statement.

APPENDIX B SUBMITTAL FORMS

PROPOSAL COVER SHEET AND SIGNATURE FORM

PROPOSER'S NAME (Name of firm, entity, or organization):

FEDERAL EMPLOYER IDENTIFICATION NUMBER:

NAME AND TITLE OF PROPOSER'S CONTACT PERSON:

Name: Title:

MAILING ADDRESS:

Street Address: ___________________________________________________________________________________________

City, State, Zip: __________________________________________________________________________________________

TELEPHONE: FAX:

( _______ ) __________________________________

( _______ ) __________________________________

PROPOSER'S ORGANIZATION STRUCTURE: EMAIL:__________________________________________

______ Corporation ______ Partnership ______ Proprietorship ______ Joint Venture _______ Other (explain):

___________________________________________________________________________________

IF CORPORATION:

Date Incorporated/Organized: _______________________________________________________________________________

State of Incorporation/Organization: __________________________________________________________________________

States registered in as foreign Corporation: ____________________________________________________________________

PROPOSER'S SERVICES OR BUSINESS ACTIVITIES OTHER THAN WHAT IS SOUGHT THROUGH THIS SOLICITATION:

LIST NAMES OF PROPOSER'S SUBCONTRACTORS AND/OR SUBCONTRACTORS FOR THIS PROJECT:

PROPOSER'S AUTHORIZED SIGNATURE:

The undersigned hereby certifies that this Proposal is submitted in response to this Solicitation.

Signed by: ____________________________________________________ Date: __________________________________

Print name: ___________________________________________________ Title: ___________________________________

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE

PROPOSER INFORMATION FORM

All information supplied in connection with this form is subject to review and verification. Any and all determinations concerning this information will be used to determine eligibility for participation in the award. Inaccurate or incomplete answers may result in your Proposal being deemed “Non-Responsive.” (1) How many years has your organization been in business under your present

business name? _________________ years

(2) State of Florida occupational license type and number: ___________________ (3) County (state county) Business Tax Receipt type and number: ______________ (4) City of Miramar Business Tax Receipt type and number: ___________________

(A CITY OF MIRAMAR BUSINESS TAX RECEIPT MAY NOT BE

NECESSARY IF THE BUSINESS IS NOT LOCATED WITHIN THE CITY OF MIRAMAR)

PROPOSERS MUST INCLUDE A COPY OF EACH LICENSE LISTED WITH

PROPOSAL (5) Describe experience providing Services and or commodities for similar

(government) organizations: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ (6) Have you ever had a contract terminated (either as a prime contractor or

subcontractor) for failure to comply, breach, or default? ___________________ yes ______________________ no (IF YES, PLEASE ENCLOSE A DETAILED EXPLANATION ON SEPARATE SHEET)

REFERENCES

(A) Agency Name: ________________________________________________ Address: ________________________________________ ____________ City, State, & Zip Code: _________________________________________ Contact’s Name & Phone #: ______________________________________ E-mail: ______________________________________ -________________

(B) Agency Name: ________________________________________________ Address: ______________________________________________________ City, State, & Zip Code: __________________________________________

Contact’s Name & Phone #: _______________________________________ Email: ________________________________________________________

(C) Agency Name: _________________________________________________ Address: _______________________________________________________ City, State, & Zip Code: ___________________________________________ Contact’s Name & Phone #: ________________________________________ E-mail: ________________________________________________________

(D) Agency Name: ________________________________________________ Address: _______________________________________________________ City, State, & Zip Code: ___________________________________________ Contact’s Name & Phone #: ________________________________________ E-mail: ________________________________________________________

(E) Agency Name: ________________________________________________ Address: _______________________________________________________ City, State, & Zip Code: ___________________________________________ Contact’s Name & Phone #: ________________________________________ E-mail: _________________________________________________________

FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

PROPOSER’S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS

Please list all Subcontractors and suppliers to be used in connection with

performance of the Contract (use additional pages, if necessary). The City strongly encourages the participation of Local Businesses and/or CBE or SME Firms. Please specify the category for each Subcontractor or supplier. Company Name: _____________________________________________

___________________________________________________________ Address: ___________________________________________________

___________________________________________________________ ___________________________________________________________

City, State, & Zip Code: _______________________________________

Local Business _______ CBE Firm _______ SBE Firm ______

Company Name: _____________________________________________

___________________________________________________________ Address: ___________________________________________________

___________________________________________________________ ___________________________________________________________

City, State, & Zip Code: _______________________________________

Local Business _______ CBE Firm _______ SBE Firm ______

PROPOSER’S DISCLOSURE OF SUBCONTRACTORS AND

SUPPLIERS (CONTINUED)

Company Name: _____________________________________________

___________________________________________________________ Address: ___________________________________________________

___________________________________________________________ ___________________________________________________________

City, State, & Zip Code: _______________________________________

Local Business _______ CBE Firm _______ SBE Firm ______

Company Name: _____________________________________________

___________________________________________________________

Address: ___________________________________________________

___________________________________________________________ ___________________________________________________________

City, State, & Zip Code: _______________________________________

Local Business _______ CBE Firm _______ SBE Firm ______

FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

DRUG-FREE WORKPLACE AFFIDAVIT FLORIDA STATE STATUTE 287.087

Identical Tie Bids: Preference shall be given to business with drug-free workplace programs.

Section 287.087 of the Florida Statutes provides: 287.087 Preference to businesses with drug-free workplace programs.

Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ______________________________________________ Vendor’s Signature

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } } ss: COUNTY OF BROWARD }

I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Miramar, its elected officials, and ______________________________ or its Contractors, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.

By: ____________________________

Title: ___________________________

Sworn and subscribed before this _____ day of ______________, 20___. _________________________ Notary Public State of Florida at Large My commission expires:

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

NON-COLLUSIVE AFFIDAVIT

State of ) ) ss: County of )

I, _____________________________________, the undersigned authority, being first duly sworn, deposes and says that:

a) He/she is the (Owner, Partner, Officer, Representative or Agent) of

__________________________ , the Proposer that has submitted the attached Proposal;

b) He/she is fully informed respecting the preparation and contents of

the attached Proposal and of all pertinent circumstances respecting such Proposal; c) Such Proposal is genuine and is not collusive or a sham Proposal; d) Neither the said Proposer nor any of its officers, partners, owners,

agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Services for which the attached Proposal has been submitted; or to refrain from proposing in connection with such Service; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Services;

e) The price or prices quoted in the attached Proposal are fair and

proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant.

NON-COLLUSIVE AFFIDAVIT (CONTINUED) Signed, sealed and delivered in the presence of: ______________________ By: _______________________ Witness _______________________ ___________________________ Witness (Printed Name)

___________________________ (Title)

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

NON-COLLUSIVE AFFIDAVIT (CONTINUED)

ACKNOWLEDGMENT

State of )

) ss: County of )

BEFORE ME, the undersigned authority, personally appeared __________________________________, to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that he/she executed said Affidavit for the purpose therein expressed.

WITNESS my hand and official seal this ______ day of ______________ , 20___. ___________ Notary Public State of Florida at Large

My commission expires:

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

NON-DISCRIMINATION AFFIDAVIT

I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations, activities or delivery of services under any agreement it enters into with the City of Miramar. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery.

By: ____________________________

Title: ___________________________

Sworn and subscribed before this _____ day of ______________, 20_____. ________________________ Notary Public State of Florida at Large My commission expires:

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

BUSINESS/VENDOR PROFILE SURVEY

Name of Business: _______________________________________________ Address: ________________________________________________________ Phone No.: ______________________________________________________ Contact Person (Regarding This Form): ______________________________ Type of Business (check the appropriate type):

CONSTRUCTION SERVICES - Firms involved in the process of building, altering, repairing, improving or demolishing any structure, building or real property.

ARCHITECTURE AND ENGINEERING (A&E) SERVICES - Firms involved in

architectural design, engineering services, inspections and environmental consulting (materials and soil testing) and surveying.

PROFESSIONAL SERVICES - Includes those services that require special licensing,

educational degrees, and unusually highly specialized expertise.

BUSINESS SERVICES - Involves any services that are labor intensive and not a construction related or professional service.

COMMODITIES - Includes all tangible personal property services, including equipment,

leases of equipment, printing, food, building materials, office supplies.

A CBE or SBE firm: a Small Business Enterprise (SBE) or a County Business Enterprise (CBE), has a Broward County Business Tax Receipt, is located in, and doing Business in Broward County, and certified by the Broward County Office of Economic Development and Small Business Development. Business is claiming the CBE/SBE Preference; YES____ NO ______

Please attach the Broward County Office of Economic Development and Small Business Development certification to this form.

Business is claiming local Business Preference YES _____ NO _____ (Choose below as applicable)

A Businesses Employing Miramar Residents located outside of the City of Miramar City and employing a minimum of 10 full time equivalent (“FTE”) Miramar residents or Miramar residents constitute 20% FTE of the company’s local workforce (Broward and Miami-Dade Counties), whichever is larger. Proof of Miramar residents employed will be required prior to AWARD.

Business is domiciled within the City of Miramar city limits, complies with all City of Miramar licensing requirements and is current on all taxes.

FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL “NON-RESPONSIVE”

1:1

Site PlanRockefeller Group Development Corporation

Kimco DevelopersMiramar Town Center

September 25, 2012

0 50 100 200

1"= 100'- 0"

© 2012 HART HOWERTON LTD.The designs and concepts shown are the sole property of Hart Howerton. The drawings may not be used except with the expressed written consent of Hart Howerton.

3 4A

2 4B

65

1

4B

Apartments = 17 D.U.Existing Retail & Fitness = 78,755 SFProposed Retail = ±5,000 SFOffice = 45,435 SF

Parking Required = 479 CarsParking Achieved = 585 Cars

Block Statistics

Block Lines

Alley

Alley

Alley

Alley

Alley

Alley

Alley

Alley

PARK LANE

CANAL STREET

Alley

Residential Above Retail

CITY HALL PROMENADE

MA

IN S

TR

EET

HI A

TU

S R

OA

D

MI R

AM

AR B

LVD

.

LAKE

LAKE

LAKE

R E D R O A D

6

Townhomes = 67 D.U.

Parking Required = 141 CarsParking Achieved = 164 Cars

Block Statistics

3

Apartments = 117 D.U.Retail = 13,500 SFCivic / Office = 80,000 SFTransit Hub = 5,000 SF

Parking Required = 927 CarsParking Achieved = 1001 Cars

Block Statistics

1

Civic = 208,000 SFParking Required = 878 CarsParking Achieved = 199 Cars

*Additional City Hall parking (707 spaces) distributed to Block 3 parking garage.

Block Statistics

Retail = 40,000 SFOffice = 40,000 SF

Parking Required = 300 CarsParking Achieved = 173 Cars* Additional Block 2 Parking (127 spaces) achieved in Block 3 & 4B.

2Block Statistics

5

Townhomes = 67 D.U.

Parking Required = 141 CarsParking Achieved = 190 Cars

Block Statistics

4A

Apartments = 236 D.U.Retail = 12,700 SF

Parking Required = 425 CarsParking Achieved = 437 Cars

Block Statistics

Residential Buildingw/ Prominent Facade

Transit Hub

Retail/ Civic/ Office

Modified City Hall Promenade40' Wide Roadway

(parallel parking both sides)20' Wide Sidewalks

Clubhouse

Residential Building

Residential above Retail

Market Squarew/ Water Feature

Office above Retail

Retail

Exposed Parking Structurew/ Architectural Skin

Landscape Buffer

Service

Fitness Center above Retail

Block Lines

Program Summary S.F. D.U.

Block 1 Civic 208,000

Total 208,000

S.F. D.U.

Core Blocks (2,3,4) Residential Apartments 370 Retail / Fitness 149,955 Office 85,435 Civic / Office 80,000 Transit Hub 5,000

Block 5&6 Townhouses 134

Total 320,390 504

CITY OF MIRAMAR Ml RAMAR, FLORIDA

ORDINANCE NO OL-lo ~----

Temp Ord # 1290 3/20102

Rev 1 3/25/02 Rev 2 5/14/02

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIRAMAR ADOPTING A DEVELOPMENT ORDER FOR INCREMENT II OF THE EAST MIRAMAR AREAWIDE DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR APPROVAL OF THE APPLICATION FOR DEVELOPMENT APPROVAL, PROVIDING FOR APPROVAL OF THE INDUSTRIAL, OFFICE, RETAIL, RESIDENTIAL, AND GOVERNMENTAL USES SET FORTH lN THE APPLICATION FOR DEVELOPMENT APPROVAL, PROVIDING FOR AGREEMENTS AMONG THE PROPERTY OWNERS, CITY AND BROWARD COUNTY TO ENSURE ADEQUACY OF THE REGIONAL ROAD NETWORK, PROVIDING THAT ADEQUATE PUBLIC FACILITIES AND SERVICES WILL BE AVAILABLE TO SERVE THE PROPOSED DEVELOPMENT CONCURRENT WITH THE IMPACTS OF SUCH DEVELOPMENT, PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW, PROVIDING FOR A COMMENCEMENT DATE AND A TERMINATION DATE, PROVIDING FOR MONITORING PROCEDURES AND THE RESPONSIBLE CITY OFFICIAL, PROVIDING FOR RECORDATION, PROVIDING FOR COMPLIANCE WITH ALL APPLICABLE ORDINANCES, LAWS AND REGULATIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, lh1s Development Order constitutes the Development Order for

Increment 11 of the East M1ramar Areawide Development of Reg1onal Impact (EMADRI)

--~-, l _!...-,,

pursuant to Section 380 06 Flonda Statutes, and as agreed to by the South Flonda lJ1. ~

Reg1anal Planmng Council, and

WHEREAS, the EMADRI cons1sts of a masterllncremental developmental order

a deve1opment order for Increment I (both of wh1ch are conta1ned w1thm M1ramar

Ordinance 93-14, dated March 17, 1993 and amended by Ordmances 94-26 and 95-20)

Ord # 02-16 1 --------

G •DF'G Repnrt~S Agenda Pa<:t-ets,Temp Ordu'l<On'lOO'.IDRi'. Ord 02-DRi-01 liY">'lsed WSH ~raft 5-14 U2} doc

Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5114/02

and Increment II wh1ch cons1sts of approximately 800 acres (legally descnbed 1n Exh1b1t

AJ and

WHEREAS, a pre-application Conference was hetd on July 15, 1999 w1th all

affected agenc1es, and

WHEREAS, an appllcat1on for development approva~ {ADA) for the proposed

East M1ramar Areaw1de Development of Reg1onal Impact, Increment ~I (Increment II)

was filed wrth the South F!onda Reg1onal Plannmg Council (SFRPC), on February 8,

2000,and

WHEREAS, on February 28, 2001 the South Flor1da Reg1onal Planmng Counc1l

1ssued 1ts not1ce findmg the Increment II ADA sufficient, and

WHEREAS, on February 4, 2002 the SFRPC recommended approval of

Increment II pursuant to the prov1s~ons of Section 380 06(12), Flonda Statutes 1, subject

to the C1ty of M1ramar (C1ty) mcorporatmg certa1n cond1t1ons mto th1s Development

Order, and

WHEREAS, Improvements to the reg1onal and local publiC fac1t1lles and serv1ces

requ1red by the conditions of th1s Development Order w1U benef1t aU property w1thm the

Plannmg Area, and

WHEREAS, the cond1tlons and obllgat1ons of th1s Development Order prov1de

that public fac111t1es and servtces needed to support development shall be available pnor

to or concurrent w1th the Impact of development as requ1red by Chapter 163, Flonda

L ,\11 refercm:c~ to Flundd :Ot.:~luk:s <LW tu tht:: Flonda Statuks (.2001)

Ord # n.!.-lo 2

G IDRC Reports II. Agenda Paekets\Temp Ordll'lilrlt:e::. DRI::.IUrd 0.:-DRI 01 (..._vis~ "1/SH d"rafl.S-14 02) doc

• • Temp Ord # 1290 3120102

Rev 1 3/25/02 Rev 2 5/14102

Statutes, The Local Government Comprehensive Planmng and Land Development

Regulations Act and

WHEREAS, all development of the EMADRI shall be subject to all apphcable

prov1s1ons of the Code of the Crty of M1ramar as may be amended from time to t1me,

except as prov1ded for 1n the spec1fic conditions of th1s Order, and assurances of

compliance w1th the prOVISIOns of the Development Order shall be the respons1b11ity of

the C1ty Manager or h1s des1gnee, hereinafter referred to as the C1ty Agent, and

WHEREAS, the Increment II IS COnSIStent w1th the C1ty of M1ramar

Comprehensive Plan, the Broward County Land Use Plan, StrategiC Reg1onal Pol1cy

Plan for South Flonda, and the State of Flonda Comprehensive Plan, and

WHEREAS, the C1ty of M1ramar Adv~sory Plannmg and Zon1ng Board held a du~y

noticed pubhc hearmg on February 12 2002 on th1s Development Order for Increment

II pursuant to Sect1on 380 06(25) and Sect1on 166 041, Flonda Statutes and

WHEREAS, the M1ramar C1ty CommiSSion held two public heanngs on the

Development Order for Increment II on Apnl 3, 2002 and Apnl 17, 2002, pursuant to the

notice and pubhc heanng prov1s1ons of the C1ty Code and Sections 380 06(25} and

166 041 Flanda Statutes, and

WHEREAS, the C1ty Comm1ss1on has determmed that the ISsuance of thts

Development Order for Increment II 1s m the best mterests of the residents of the C1ty,

and furthers the health safety and general welfare of the C1ty

Ord # ----=-0-=-'---=l:_:_h ____ _ 3

G 'DPC Reporn & Agellda Pack.eM\Temp Ord1nanoes ORis'Drd 02 ORI.Ol (reVIsed WSH draft 5-14-02) cloc

• Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF

MIRAMAR, FLORIDA

SECTION 1 RECITALS

1 01 The above rec1tals are true and correct and mcorporated herem

1 02 Th1s ordmance, 1ncludmg all exh1brls hereto, 1s the Development

Order of the C1ty of Miramar 1ssued 1n response to the East

M1ramar Areaw1de Increment II ADA, f1led by Sunbeam Properties,

Inc on behalf of the Landowners of Increment II By reference, the

exh~blts to this Development Order, and the ADA 1lself, are hereby

Incorporated herem as 1f fully set forth The scope of development

to be perm1tted by thiS Development Order Includes the

deve1opment and act1v1hes descnbed m the ADA, as mod1fied

herem

1 03 The master/Incremental development order for the East M1ramar

Areaw1de Development of Reg1onallmpact, Miramar Ord1nance 93-

14, as amended by Ordmances 94-26 and 95-20, ~s hereby made a

part of th1s Development Order Any conflict between the general

prov1s1ons as represented 1n the master/mcremental development

order and the spec1f1c terms of th1s Development Order wh1ch

Ord # _....cll:..::..'_-.::..::lb::..__ ____ _ 4

G DRC Report.. & Agem!a PacltetsiTemp OrtlmanoesiDRI~\On:l 0~ ORI--01 (rwqsed WSH draft 5 14 o;:) doc

• • Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

pertam to Increment 11 only, shall be resolved 1n favor of the specrfic

terms contamed herem

SECTION 2 FINDINGS OF FACT A.NO CONCLUSIONS OF LAW

2 01 FIND1NGS OF FACT The C1ty CommiSSIOn makes the followmg

f1ndmgs of fact

(A) The C1ty of Miramar, a mun1c1pal corporation orgamzed under the

1aws of the State of Flonda, whose ma1hng address 1s c/o C1ty

Clerk, 6700 M1ramar Parkway, M1ramar Fl()nda 33023, and whose

authonzed agent IS Robert A Payton, C1ty Manager, submitted an

App~1tat1on for Development Approval for lncreme11t II, East

M1rarnar Areaw1de DRI, to the SFRPC and Flonda Department of

Comtnumty Affa1rs (DCA), pursuant to the prov1s1ons of Sect1on

380 06(25), Flonda Statutes

(8} Landowners ownmg property w1thm the Plannmg Area for

Ord # o~-ltJ

Increment U {Landowners) mclude

Ronald M Ansm, Edmund N Ansm and C~eghom Shoe Company (together Ansm) P 0 Box 610727 North M1am1, Flonda 33261-0727

Sunbeam Development Corporation (Sunbeam) 1401 79111 Street Causeway M1am1, Flonda 33141

5

G \DRC Reports & A.Qer'lda Packets\1 emp On:Jinances JJRI~' Or<l 0~ DRI 01 {rellls.ed WS H dr;oft 5-14-{)~) dQC

• C1ty of M1ramar 6700 M1ramar Parkway M1ramar Flor1da 33023

• Temp Ord # 1290 3/20102

Rev 1 3/25/02 Rev 2 5/14/02

(C) The Landowners have the legal, financ~al, and admmJstratlve ab~hty

to perform any commitments they have made m the application for

thiS proposed areaW1de development of reg1onal Impact

(D) No 1nterest 1n the land w1th1n the land area IS owned, leased, or

otherwise controlled by a person, corporate or natural, for the

purpose of mmmg or benef1c1at1on of m~nerals

(E} The area and the ant1c1pated development are consistent w1th the

app~1cable local, reg1onal and state comprehensive plans

(F) Increment II, East Miramar Areawide DRI1s a 7 year proJect located

on approximately 800 acres, w1thm the C1ty of M1ramar, 1dent1f1ed m

Exh1b1t ·A'' The s1te 1s generally located south of Pembroke Road,

east of Flammgo Road, west of Palm Avenue, and north of Bass

Creek Road (Lands 1dent1f1ed m Increment I as ~>June Rose",

"D1ocese of M1aml" and • Broward Land Partners" are not w1thm

Increment II) The land uses and the amount of development

approved w1thm each land use category 1n the Planmng Area are

set forth m Sect1on 4 04, below

2 02 CONCLUSIONS OF LAW The C1ty CommiSSIOn of the C1ty of M1ramar

reaches the followmg conclusions of law

Ord # o~-1 r. 6

G I DRC RepOti.S i\ Agenda Padets\Tamp Ordm:moes' DRI s' Ord 02 DRI-Il1 I re\1156d NSH draft 5-14-(]2) doc

• Temp Ord # 1290 3/20102

Rev 1 3/25/02 Rev 2 5/14/02

(A) Increment II does not unreasonably mterfere w1th the achtevement

of the objectiVeS of Chapter 187, State Comprehensive Plan,

Flonda Statutes, for the C1ty of M1ramar The development

penn1tted w1th th1s Development Order IS consistent w1th the State

Comprehens~ve Plan

(B) Increment II IS cons1stent w~th the C1ty of M1ramar Comprehensive

Plan and the Broward County Land Use Plan and shall be

developed cons1stent w1th all applicable Crty land development

ord1nances and regulat1ons as may be amended from t1me to t1me

(C) The Development Order for Increment II 1s consistent w1th the

SFRPC DRI Assessment for Increment II, East Miramar Areawide

DRI, dated February"4, 2002, as prov1ded for here1n

(D) The development perm1tted by th1s Development Order ts

consistent w1th the State Comprehensive Plan and does not

mterfere w1th achievement of the obJectives of the State Land

Development Plan

(E) The Development Order and ADA for Increment II make adequate

prov1s1on for the public facilities needed to accommodate the

Impacts of the proposed development pursuant to the C1ty's

adopted level of serv1ce standards

Ord # o~-1o 7

G'DPC Reparts &Agenda P~cltets\Temp Ord~nanoes\DRis\Ord 02 DRI-!l1[reVISed NSH draf't5--14-C2) dot:

• Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5114/02

(F) Increment II 1s not located m an area of cnt1cal state concern under

Sect1on 380 05, Florida Statutes

(G) The public heanng not1ce requirements of Chapter 380 06(25),

Flonda Statutes, have been satlsfted

SECTION 3 GENERAL PROVISIONS

3 01 OBUGATIONS

The requirements and prov1smns contamed herem shall be

apphcable only to that land descnbed m Exh1b1t "A', and the burden

of prov1dmg the necessary mformahon and documentation

stipulated here1n 1s upon the Landowners, the1r successors,

grantees and ass1gns, unless othetw1se stipulated

3 02 AREAWIDE DEVELOPMENT PLAN

The Master Land Use Plan, attached as Exh1b1t "1", together w1th

the conditions of th1s Development Order constitute the Areaw1de

Development Plan requ1red by Chapter 380 06(25)(a), Flonda

Statutes

3 03 LOCAL OFFICIAL

(A) The local official (C1ty Monttonng Official) responsible for assunng

compliance of Landowners, the1r grantees, successors and

ass~gns, w1th thts Development Order and With the authorrty to stay

Ord # _ __,.0"".!~-L"-'tJ,__ ___ _ 8

G I DRC Reports & Agenda Pa!:kets\T "mp Ord1naoces .OP Is .Onl 0: DRI 01 (1"1-'VIsed WSH clrnft 5 14 C.::.) doc

Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14102

the effectiveness of th1s Order upon not1f1cat1on and verification of a

v1olat1on of any condtt1on herem shall be the Commumty

Development D1rector or h1s des1gnee pursuant to the provtslons of

Sect1on 380 06(25)(c}(1 ), Florida Statutes Upon the wntten

request of the owner{s) or deve~opar of the property or tract, the

C1ty Mon1tormg Official shall cert1fy m wnt1ng to the owner(s),

developer, mortgagees, and potentml mortgagees or other

destgnees of the above, the compliance status of the cond1t1ons of

th1s Development Order relative to the stated property or tract If all

cond1t1ons of th1s Development Order are bemg satmfied or are

otherw1se m compliance, the cert1ficat1on shall prov1de that the

Development Order IS m full comptJance tf all cond~t1ons are not

befng complied w1th, the C1ty Mon1tanng Offic1al shall spec1fy m

wntlng wh1ch cond1t1ons are not m compliance

(B) The Community Development D1rector shall msure that the

cond1t1ons set forth here1n sha~l be rev1ewed pnor to the ISsuance

of any development penn1ts pursuant to the applicable prov1s1ons

of the Code of the C1ty of Miramar

Ord # u2-lt. 9

G 'DRC Reports & Agenda Packet SIT em p Ordlnane&SIOR l~o lOrd 02-DRI il 1 (talllsed W S.H draft 5-14-02) doc:

• • Temp Ord # 1290 3/20/02

Rev 1 3125/02 Rev 2 5114/02

SECTION 4 INCREMENT II DEVELOPMENT ORDER CONDITIONS

4 01 COMMENCEMENT AND TERMINATION

Phys1cal development of Increment II commenced on Apnl 6 2000

pursuant to the Prellm~nary Development Agreement and sha~l be

completed by December 31, 2007, unless mod1fied m accordance

w1th Chapter 380 06(1 9}(c), Flar1da Statutes However, the year

2007 shall be used as the base year from wh1ch 1mpacts of

development are measured for any mod1ficat1on to the completion

date of I ncr em ant II

4 02 December 31, 2011 1s hereby estab~1shed as the exp1rat1on date for

thts Development Order

4 03 TIME LIMITATION ON DENSITY AND INTENSITY REDUCTION

U nt1l December 31, 2007. the C1ty agrees that I t1crement II shall not

be subject to down-zomng, umt dens1ty reduct1on, or mtens1ty

reduction, unless the C1ty can demonstrate that substantial

changes m the cond1t1ons under1y~ng the approval of th1s

Development Order have occurred or the Development Order was

based upon substantially maccurate 1nformat1on prov1ded by the

Applicant or that the change 1S clearly essential to the public

health, safety, or welfare

Ord # o~-1o 10

G \DRC ~riB- & Ager'!da Pa<".ket<;(fernp Ordillam:es\DRisiOrd 02-0RI 01 (re'<lsed WSH draft 5 t4 1'12) doc

• Temp Ord # 1290 3120102

Rev 1 3/25/02 Rev 2 5/14/02

4 04 INCREMENT II PERMITTED DEVELOPMENT

{A) Each Landowner w1th1n the ProJect shall be permrtted to develop a

max1mum amount of land uses m accordance w1th the land uses

listed m Table I, subject to the requtred approvals Categones of

land uses may be substituted m accordance wrth Exh1b1t 4, Tnp

Generation Rates, of th1s Development Order

Table I

Land Owner Development

Ansm

City of M1ramar

200 700 2,933,900 1,310,800 344,400

260,000

255,200 144,000 500

Hotel rooms Apt umts Sq ft ~ndustnal Sq ft retail Sq ft off1ce

Sq ft governmental, library and educational Sq ft off1ce Sq ft retail Apt umts

Note (The uses are shown as Gross Leasable Area (GLA) GLA 1s approximately 85% of GFA Accord.ngly, off1ce represents 700 square feet of GFA, reta1l represents 1,700,000 square feet of GFA and governmental, hbrary and educational 305,000 square feet of GFA}

Ord # o2-Hi 11

G IDRC Repol"t$ & Acjel"!da Packets\Temp OnJman .. es\DRis\Ord 02 DRI.OI 1re1'1sed WSH draft 5 14-()2) oioc

• • Temp Ord # 1290 3120102

Rev 1 3/25102 Rev 2 5114/02

(B) The Landowners may substitute categones of land use w1thm

Increment II, however, only those categones of land use permitted

1n Increment II {res1dent1al, office, 1ndustnal, retail, hotel and

governmental) are permitted through th1s substitution of land uses

Any mcrease m one category of land use by a Landowner shall

result m a decrease of that Landowners allocatton of another

category of land use, based upon the tnp generation rates m Exh1b1t

4, attached hereto

(C) The development nghts of the C1ty of Miramar and the allocation of

1ts peak p m tnps are subject to an Agreement between the C[y of

Miramar and Ansm dated March 15, 2000, as amended

4 05 Transportatlon

(A) Reg1ona! Roadway Network

No bu1ldmg permit for development w1thm Increment II shall be

1ssued unless the sum of $1,156 40 has been pa1d to the EMATI II

Fund for each p m peak hour tnp generated by sa1d deveJopment,

accordmg to the tnp generation rates of Exh1b1t 4 and 1n compliance

w1th the Gu1dehnes for Establishment and Operation of the East

Miramar Areawide Transportation Improvement Trust Fund II

(' EMATI II Fund") attached hereto as Exh1b1t 5 and Incorporated

Ord # 02-lr. 12

G 'DRC Reports & Agend::~ Pac](e!s\Temp Ord1nanoos\DRis Ord 02 DRI-01 ~revl~ed WSH draft 5-14--0~J doc

• Temp Ord # 1290 3120102

Rev 1 3/25102 Rev 2 5/14/02

here1n by reference Th1s fee IS requ1red to fund road

Improvements determmed by the SFRPC and C1ty as necessary to

m1tlgate the traffic 1mpacts of Increment II

The Landowners w1thm the Areaw1de DRI sha~l comply w1th the

Guidelines attached hereto as Exh1b1t 5 The requ1red road

Improvement hsted m Exh1b1t 3 shall be let to contract by the time

that the total cumulative Vested Tnps, (as defined m Exh1b1t 5)

meets or exceeds the thresholds of Exh1brt 3

(B) Sat1sfact1on of the cond1t1ons 1n Exh1b1t 5 shall satisfy the C1ty of

Miramar traff1c concurrency requirement for Increment II

SECTION 5 GENERAL CONDITIONS

landowners the1r successors, and/or ass1gns JOintly or severally

shall

5 01 DeSign, construct and maJntaJn any additions, expansions, or

replacements to the stormwater management system to meet the

followmg standards

(A) Comply w1th the regulations and reqwrements of the South Flonda

Water Management D1stnct (SFWMD) Broward County

Department af Plannmg and Environmental Protedion {DPEP),

South Broward Dra~nage D1stnct and applicable local government

Ord # n~-16 13

G IDPC RgpOft:!; & Agenda Pa&els Temp Ordman lASIDRis Ord 02 DRI 01 {re~ lsed LIVS H draft 5-14-U2J do~

• Temp Ord # 1290 3/20/02

Rev 1 3125/02 Rev 2 5/14/02

comprehenstve plan dramage level of servtce reqUJrements for

surface water management 1n effect at that t1me

(B) Install pollutant retardant structures to treat all stormwater runoff at

each of the new project outfall structures tn accordance wtth the

stormwater dram age permtts and master dratnage plan, and

penodtcally remove pollutant accumu~attans as requtred by the

stormwater permttttng agencres

(C) Use stll screens and aprons dunng any phase of proJect

construchon that may ~ncrease turbtdtty m adjacent surface waters

(D) Mulch, spray, or grass-exposed areas to prevent sotl eroston,

mtntmtze atr pollutmn and stormwater runoff

5 02 Destgn, construct, and matntatn any addtttons, expanstons, or

replacements to the on-stte trngabon system to m1mm1z:e salt-water

lntruston and excess~ve tmgatton m accordance wtth SFWMD

gutdellnes When practtcable, use water consetvtng techntques to

reduce the demand on the regton's potable water supply, tncludtng

the 1nstallatton of ra1n sensors on trngatton ttmers, and compliance

wtth any Broward County Code restnct!ons on 1rngatton ttmtng

Ord # uL-lo 14

G IDRC'" Pep.orts & Agenda Packei51Ternp Ord111am:es DRisiOrd 02 DRl 01 [rto•l~"d WSH drnft 5 14-0::'] do...

• Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

5 03 Incorporate as pract1cable the use of water sensors, ultra-low

volume water use plumbing fixtures, self-closmg and/or metered

water faucets, and other water conservmg dev1ces/methods to

reduce the demand on the regton s potable water supply These

devlces and methods shall meet the cntena outlmed m the water

conservatton plan of the public water supply perm1t 1ssued to

Broward County by the SFWMD

5 04 Remove Melaleuca, Casuanana, Sch1nus and aU other mvas1ve

exotic vegetation, as recogmzed by the Flonda Exot1c Pest Plant

Counc1lm each phase of the development Momtor common areas ...

mclud1ng but not hm1ted to roadways, nghts-of-way, easements and

publ~c open spaces to ensure that mvas1ve, exot1c plants do not

become reestablished Place v1s1ble barners around the trees or

tree clusters to remam on s1te, pnor to removal of 1nvastve exotiC

vegetation wtth heavy equtpment

5 05 Comply w1th the tree preservatton requirements and the

landscapmg standards of Chapter 9 of the C1ty of M1ramar Land

Deveropment Code and any other appl~cable local government

requirements and standards When practicable, Landowners

should follow xenscape pnnc1ples tn landscape des1gn and the

Ord # o2-16 15

G •DRC Reports & AgemJa Pachts\Temp Ordinance., DRI>.IOrd 0~ DRI-C1 (reYI.ed WSH draft5.1~2) dOL

• Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

select1on of spec1es for plantmg Substitute landscaping spec1es

may only be used 1f wntten approval 1s prov1ded by the C1ty of

M1ramar m consultation Wlth the Broward County and SFRPC staff

Such approval will be based on the follow1ng cntena for plant

rnatenals

(A) Does not requ1re exceSSive 1rngat1on or fert1l1zer,

(B) Is not prone to msect 1nfestat1on or d1sease,

(C) Does not have 1nvas1ve root systems, and

(D) other crrtena as may be appropnate

5 06 To the extent practicable, contmue to locate wetlands mrt1gat1on

w1thm the areas descnbed m Ordmance No 93-14 {the Master

Development Order), however, subject to the approval of agenc1es

havmg wet,and JU nsd 1ctlon wetland m1t1ga110n may be located

elsewhere

5 07 W1thm 90 days of the City s adopt1on of th1s Development Order,

Ans1n Wlll contnbute $10,000 to the Crty of M1ramars State Hous1ng

lmt1at1ves Partnership (SHIP) program Th1s contnbut1on shall be

subm1tted to the C1ty of Miramar Commun1ty Development

Department and shall satisfy the affordable hous1ng requirements

of C1ty of M1ramar Ordinance Nos 93-14 (Master and Increment I

Ord # 0~-lo 16

G IDRC Reports & Agen<:la PachtE>ITern~ Ordlna.~IDRI~,Qrd 02-DPI 0 I (r!!VISBd WSH draft 5-14 02) dO<'

• • Temp Ord # 1290 3120102

Rev 1 3/25102 Rev 2 5/14/02

Development Orders) and 94-26 (appeal settlement) and the

Increment II ADA

5 08 Ut1l1ze econom1c development enhancement resource agencms

and programs des1gned to mvolve small and m1nonty busmesses 1n

the development and expansion of permanent JOb opportumtles

w1th1n the proJect Examples of such agenc1es and programs

mclude, but are not hm1ted to, those contained m the South Flonda

Small and Mmonty Bus~ness Resource D1rectory Landowners w11!

attempt to access the range of JOb skills available m the reg1on and

promote greater labor force enhancement At a mm1mum,

Landowners are encouraged to prov1de potentml commercial

tenants w1th mformat1on about employment and trammg agenc1es

that ma1ntam a database of tramed/sk1lled workers to cons1der 1n

meetmg the proJect's employment needs Th1s Information shall be

annually updated and submitted as a part of the Annual Status

Report us1ng a form that 1s attached as Exh1b1t 6

17

G 'DRC R(lports & Agenda P::~c~etsiTemp Orn1n~noes DRis\Ord 02 DRI-01 (reYI~ WSH draft 5-14-ll2l dQC

• • Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

5 09 The project ~s not ant1c1pated to mclude laboratones, storage

Ord # 0.>16

fac111t1es, warehouse space or other uses whiCh have a s1gn1f1cant

hazardous matenals generatton/usage 1mpact as defined 1n Rule

9J-2044(2)(f) and {5)(a) of the Flor1da Adm1mstrat1ve Code In the

event that hazardous matenal usage on the proJeCt Site wdl have a

s1gmficant ~mpact pnor to ISsuance of a certificate of occupancy for

any such use, the owner(s) and/or developer to the extent

necessary and appropnate, after consuitat1on w1th any

leaseholders, shall subm1t a Hazardous Matenals Management

Plan (HMMP) for rev1ew and approval by the C1ty of Miramar,

OPED, the Flonda Department of Enwonmental Protection

(FDEP) and the SFRPC, wh~ch conforms w1th the requirements of

Rule 9J-2 044(5)(b)2 of the Flonda Admm1strat1ve Code The

Landowners, the1r successors and/or ass1gns shall prov1de a copy

of the approved p!an to the C1ty of M1ramar F1re Department The

HMMP shall be mcorporated 1nto the development by lease as

applicable and shall be Incorporated mto the project by sale

agreement, restnct1ve covenant or other appropnate legally bmdfng

enforcement prov1s1on when any of the property IS conveyed, as

applicable

18

G 'DRC Reports & Agenda Pa~ets\Temp Ordinances DRisiOrd 02 DRI 01 {reVIsed WSH drnft 5 14 021 doo

• • Temp Ord # 1290 3/20102

Rev 1 3/25/02 Rev 2 5/14/02

5 10 Incorporate, as practicable energy conservation measures 1nto the

des1gn and operatlon of the project At a mm1mum, construct all

development m conformance w1th the spec1ficat~ons of the

applicable bulldmg code at the tlme of the 1ssuance of the bUIIdmg

permrt and the Ftonda Energy Code Cons1der us1ng natural gas

and/or renewable energy sources (e g , solar heat1ng) far water

heatmg, space heatmg, a1r cooling and l1ghtmg control Monrtor

des~gn rev1ew procedures and electncal energy conservat1on

measures, proposed m the ADA, dunng the proJect construction

phase to assess the effectiveness of same

5 11 Assure that any fill matenal utilized at the s1te, whether from ons1te

excavation act1vrt1es or from offs1te sources meets the clean so1ls

cntena of the FDEP and DPEP, as apphcab~e

5 12 Not1fy state archeological off~c1als at the DIVISIOn of Hlstoncal

Resource of the Flonda Department of State of construction

schedules Delay construction up to three months m any area

where potentially S1Qn1f1cant h1stoncal or archeological artifacts are

uncovered, and permlt state and local h1sloncal preservation

aff1c1als to survey and excavate the s1te

Ord # n2-lfi 19

G'DRC R.o.o!Xlrts & Aganda Pacl<,ls\Temp Or!llnan•.esiDRisiOrn 0£-DRI-01 ~reVJsedWSH drafl&-14 O::)rloc

• Temp Ord # 1290 3/20102

Rev 1 3/25/02 Rev 2 5/14102

5 13 The Landowners shaU work w1th the C1ty to ensure the adequate

prov1s1on of f1re/rescue serv1ces necessary to serve the

development The Landowners shall submit a srte plan to the C1ty

of Miramar F1re Marshall for rev1ew m order to 1dentlfy any

add1t1onal Sites, equipment and/or fac1ht1es that the project will

generate

5 14 Ma1nta1n an understandmg w1th the C1ty of M1ramar Pollee

Department to ensure adequate prov1s1on of pollee serv1ces for the

East M1ramar Areawide Project

5 15 incorporate the followmg mto the project des1gn and operation

(A) Actively encourage trans1t use carpoolmg and vanpooltng by

d1ssemmallng ndeshare and transit mformat1on to tenants and

employees, or proviSions of other amemlles to mcrease ndersh1p,

ut1llzmg the serv1ces and programs of such agenc1es as the Flor1da

Department of Transportations South Flonda Commuter Serv1ces

(B) DesJgnate three percent of employee parkmg spaces, convemently

located, for exclUSIVely h1gh occupancy vehrcle use and alternative

fuel veh1cle use

Ord # o.:-lt:J 20

G 1DRC Report<> & Agenrla Packet".ITemp Ord 1nances DRisiOn:l 02 DRI 01 (nl~ IS!ld WSH draft S 1 ~-02) .;lot;

Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

(C) Encourage trans1t use by prov1ston of bus shelters, development of

turnout lanes, or prov1s1on of other amemtles to Increase ndersh1p,

and prov1de trans1t route and schedule mtormat1on, as ava1rable, ltl

convement locations throughout the proJect,

(D) Provfde on-s1te b1cycle storage fac111t1es, along w1th consideration

for shower facilitieS, to encourage use of alternat1ve modes of

transportation,

(E) Regularly sche<luJe vacuum sweep1ng of an parkmg lots of eleven

or more park1ng spaces and roadways serv1ng the parkmg lots

{F) To the extent cost~effecllve ut1l1ze efficient, !ow em1ss1on veh1cles

for on-s1te serv1ces like parkmg enforcement, mamtenance, and

secunty serv1ces, w1th spec~fic cons1derat1on of altemat1ve fuel

vehicles

5 16 L1m1t pnmary proJect veh1c~e access po1nts to the off-s1te roadway

network to the general locations shown 1n Exh1b1t 2

5 17 Construct the transportation Improvements as prov1ded 1n Exh1b1t 3

Pnor to July 1, 2003, Broward County and the C1ty of M1ramar must

agree that the bndge over 1-75 IS feasible, othe1W1se, after July 1,

2003, Landowners, 1n l1eu thereof, Will construct the Improvements

l~sted as 2B m Exh1b1t 3

Ord # O.i.-ln 21

G 'DRC Reports & Ayenda Pacl<ets\Temp OrdlnanresiDRisiOnJ 02-DF'I 0 I (rev1sed WSH drnfl 5 14-02) doc

Temp Ord # 1290 3/20/02

Rev 1 3/25102 Rev 2 5/14/02

5 18 The a1r quality parkmg fac111ty license 1s valid for f1ve years and

exp1res on August 1, 2006, wh1ch 1s pnor to the prOJect bwldout

date A new license or a license extension w1tl be requ1red after

August 1, 2006 In consideration of the fact that th1s a1r quality

study has addressed cond1t1ons through year 2017, and A1r Impacts

(Quesllon-22) must always be based upon the latest approved

response to TransportatiOn (Ouest1on-21 ), the foiJowtng cond1tlons

shall apply

(A) If the unbu1lt parkmg spaces at l1cense exp1rabon date are below

the Broward County standards for parkmg fac1llty hcense (1500

park1ng spaces m a s~ngle-level parkmg fac1l1ty, 750 spaces 1n a

multilevel park1ng fac1hty, 1000 spaces tn a combined smgle and

mult1-level parkmg fac1l1ty) no further extens1on of the hcense w1ll be

requ1red

(B) !f the unbu1lt parkmg spaces at license exp1rat1on date exceed the

Broward County standards for a parkmg faclltty hcense but a

Substantial Dev1at1on Application of the DRI 1s not requ1red due to

changes m the development plan or the extens1on of the bUIIdout

date beyond the statutory hm1ts, only an extension letter w1ll be

requ1red The support for th1s letter w1ll not reqwre a full

Ord # u_-lh 22

G IDRC Reports & Age<~da Paot"ei3\Temp Ord1nam:es\DRis'Dfd 02 DRI-01 (r&VJS&d WSH draft 5-14-02) do(:

• Temp Ord # 1290 3120102

Rev 1 3/25102 Rev 2 5114102

reevaluation of a1r quat1ty 1mpacts s1nce Questlon-21 w1H not have

been rev1sed

(C) If the unbu1lt parkmg spaces at license exp1rabon date exceed the

Broward County standards for a parkmg fac1l1ty hcense and an

apphcat1on for a Substantial Dev1al1on of the Increment II DRI 1s

reqUired due to s1gmficant changes 1n the development plan or the

e::.::tens1on of the bulldout date beyond the statutory hmrts, a full

reevaluation of a1r quality 1mpacts may be requ1red subject to a

detenrunat1on by the rev1ew agenc1es

5 19 Ansm w1ll be the responsible party for subm1tt1ng an annual report

to the C1ty of Miramar, the SFRPC, the DCA, DPEP and the Flonda

Department of T ransportat1on { D1stnct 4) on each ann 1versary date

of the effect1ve date of the development The annual report shall

mclude, at a m1n1mum, a complete response to each question m

Exh1brt 6 and Condition 5 08

5 20 Ans1n shall mtegrate all ongmal and supplemental ADA mformabon

1nto a Consolidated Apphcatlon for Development Approval (CADA)

and subm1t two cop1es of the GADA to the SFRPC, one copy to the

C1ty of Mrramar and one copy to the DCA w1th1n 30 days of the

Ord # o2-16 23

G DRC Reporta& Agenda Pad-.,ls\TemJ:I Ord1nanres1JJPis.OnJ 02-0F'I 01 (mv1ssd WSH drnft S 14 D2) doc

• Temp Ord # 1290 3120102

Rev 1 3/25/02 Rev 2 5/14f02

effective date of the Development Order The CADA shall be

prepared as foiJows

(A) Where new, clanffed, or rev1sed Information was prepared

subsequent to submittal of the ADA but pnor to Issuance of the

Development Order, whether m response to a formal statement of

mformatlon needed or otherwise, the ongmal pages of the ADA Will

be replaced w1th rev1sed pages

{B) Rev1sed pages will have a "Page Number (R}- Date" notation w1th

"Page Number' be1ng the number of the ongmal page, "{R)"

md1cat1ng that the page was rev1sed, and "Date" stat1ng the date of

the reVISIOn

5 21 Pursuant to Rule 9J-2 025, Sect1on (3)(b)9, FA C the

Consolidated Application for Development Approval (as prepared

pursuant to Cond1t1on 5 20, herem} and the SFRPC DRI

Assessment Report are Incorporated here!n by reference and relied

upon by the part1es m d1schargmg the1r statutory dulles under

Chapter 380, F S , and local ordinances SubstanllaJ compliance

w1th the representations contamed 1n the ADA 1s a cond1t1on for

approval unless wa~ved or mod1f1ed by agreement among the local

governments of IUriSdlctlon, the SFRPC and the Landowners, the1r

Ord # _....;;u;;.;;;2;_-.;;;..H"--'----- 24

successors, or ass1gns

Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

THE CITY OF MIRAMAR SHALL

5 22 Withhold the 1ssuance of bulld1ng perm1ts or certificates of

occupancy, or both, 1f Landowners fall to meet requirements of

cond1t1ons of Sect1on 4 or 5 therem

5 23 Withhold the Issuance of bu1ld1ng perm~ts or certificates of

occupancy, or both, 1f potable water and wastewater treatment

demand exceeds capac1ty adequate to serve that demand

5 24 Rev1ew project landscape plans to ensure that only those plant

spec1es 1dent:Jfied m Chapter 9 of the C1ty of Miramar Land

Development Code and any other appiJcable C1ty of M1ramar codes

are used for proJect landscaping and that x.enscape pnnc1ples are

utilized m such landscape plans, as practicable

5 25 Momtor s1te development to ensure that mvas1ve exot1c plant

spec1es are removed and mamta1ned to prevent the re-

estabr1shment of 1nvas1ve exotic spec1es

5 26 Withhold the 1ssuance of bu1ldmg perm1ts or certificates of

occupancy for any use that w111 have a s1gn1ficant hazardous

matenals generation/usage 1mpact as def1ned m Rule 9J-2044(2){f)

Ord # ll..'-lr-. 25

G IDRC R\lporl<> & Agenda P<Jt;ltats\Tamp OrdiMnoes1DRI~IOrd o;:-ORI-01 ~rev1sed WSH draft 5 1-4 02) doc

Temp Ord # 1290 3/20/02

Rev 1 3/25102 Rev 2 5/14/02

and (5j(a) of the F~onda Adm1n1strat1ve Code unt1l the submittal of

an HMMP m accordance w1th Sect1on 5 09, here1n

5 27 In the event the Landowners, the1r successors, or ass1gns v1olate

any of the cond 1t1ons of the Development Order or otherw1se falls to

act m substantial compliance w1th the Development Order

(lleremafter "v1o~ator"), stay the effectiveness of the Development

Order as to the tract, or port1on of the tract, 1n wh1ch the V1olat1on or

conduct has occurred and withhold further perm1ts, approvals, and

serv1ces for deveiopment 1n sa1d tract, or port1on of the tract, upon

passage of any appropnate resolution by the local governments of

Junsdlcllon, adopted m accordance w1th th1s sect1on, findmg that

such v1olat1on has occurred The VIOlator w1ll be g1ven wntten

not1ce by the local government of JUnsd1ct1on that states 1) the

nature of the purported VIOlation, and 2) that unless the v1olat1on 1s

cured w1thm 15 days of sa1d notice, the local government of

JUrisdiCtion w1ll hold a publ~c heanng to cons1der the matter Wlthm

30 days of the date of sa1d not1ce

Ord # n:::!-1, 26

G .ORC Reparts& Agenda PaekeLS'Temp Ordlr'IMOO~IDRI~Xltd 02-DRI-01 (re'il.ed WSH draftS..14-0£) doc

Temp Ord # 1290 3/20/02

Rev 1 3/25/02 Rev 2 5/14/02

If the VIOlation IS not curable m 15 days, the vlolator's d1hgent good

faith efforts to cure the v1olat1on w1thm that penod will obv1ate the

need to hold a publ~c heanng and the Development Order Will

rema1n m effect unless the v1o~ator does not d1hgently pursue the

curat1ve action to complet~on w1thm a reasonable t1me, m wh1ch

event the local government of ]Unsd1ct1on w1ll g1ve 15 days' notice to

the VIolator of 1ts 1ntent1on to stay the effectiveness of the

Development Order and w1thhold further permrts, approvals, and

serv1ces as to the tract, or port1on of the tract, m wh1ch the v1olallon

has occurred and until the VIolation 1s cured For purposes of th1s

paragraph, the word 'tract" shall be def1ned to mean any area of

development 1dent1fied on the East M1ramar Areaw1de DRI -

Increment II Development Plan In add1t1on, the phrase' port1on of

a tract' means a diVISion of a tract 1nto more than one ownership as

created by deed or plat

Sect1on 6 EFFECTIVE DATE

The effecl1ve date of th1s Ordmance shall be forty-five (45) days

from the date of transm1ttal by the C1ty to the DCA and SFRPC,

prov1ded, however, that the Ordinance shall not be effect1ve unt1l

Ord # --"[J;...;;;..'.'--;;;.;16......_ ____ ~ 27

G \DRC Re-port~ & A9et1da Pa<Yeh,\Temp Ordlnances'DRI:s\Ord Ql: DRI 01 (revised W5H draft 5 14-02~ due

• Temp Ord # 1290 3120102

Rev 1 3/25!02 Rev 2 5/ 14f02

the day after all appeals, 1f any, have been Withdrawn or resolved

pursuant to Section 380 07(2), Flonda Statutes

Section 7 RECORDATION

Wrthm th1rty (30) days of the effective date of th1s Development

Order, Ansm shall record the East M1ramar AreaWJde Increment II

DRt Development Order w1th the Clerk of the C1rcu1t Court of the

Seventeenth Jud1c1al C1rcu1t 1n and for Broward County, Flonda

pursuant to Section 380 06{15)(f), Flonda Statutes Th1s

Development Order runs w1th the land and IS btnd1ng upon

Landowners, the1r successors, grantees and ass1gns, JOtntly or

severally Ans1n shall prov1de a recorded copy of lh1s Development

Order to the CJty, SFRPC and DCA

Sect1on B SEVERABILITY

If any sect1on, sentence, clause or phrase of lh1s Ordinance 1s held

to be 1nvaltd or unconst1tut1onal by any court of competent

JUrtsdtctton, then sa1d holdtng shall tn no way affect the valtd1ty of

the remammg portmns of th1s Ord 1nance

Ord # U.L-16 28

G IDRC R!;!ports & AgBnda P:a~klli5\To:mp OrdinanC8S\JJRis.OnJ 02-DPI 01 (llBVIS!ld WSH diHft 5 14-02) doc

• PASSED ON FIRST READING __ __;;'l.p,._-r;;..;;~;;.;;;l_3.::....•:........;;;l....;..no;:;.:2:;....._ ___ _

PASSED AND ADOPTED ON SECOND READING Julr 3, 2002

ATIEST

I HEREBY CERTIFY that I have approved th1s ORDINANCE as to form

Ord # o:;:.-16 --------

Requested by Adoun1 stratlon CommiSSIOner Steven T Bogert Comm1ss1oner Mal)one J Conlan V1ce Mayor F1tzroy D SaJesman CommiSSIOner Sall1e L Stephens Mayor Lon C Moseley

29

Temp Ord # 1290 3/20/02

Rev 1 3/25102 Rev 2 5/14/02

Voted Ab~~nt

'H:!S

G \DRC f<aport>, & Agsnda Par:kets\Temp Ordlr-.;lr-.r;.esiDRis'Ord 02 PRI 01 (r..wl~ WSH draft 5-14-02) doc

EXHJBIT 'A

EXHIBIT '1'

EXHIBIT 2'

EXHIBIT "3

EXHIBIT "4

EXHIBIT '5'

EXHIBIT "6'

EXHIBIT 'T

TABLE OF EXHIBITS

LEGAL DESCRIPTION OF INCREMENT II

MASTER DEVELOPMENT PLAN

VEHICLE ACCESS POINTS

TRANSPORTATION IMPROVEMENTS/TRIP THRESHOLDS

TRIP GENERATION RATES

EMATI GUIDELINES

ANNUALREPORTFORM

ALLOCATION OF DEVELOPMENT AND TRIPS

H Agend;1 AGEl lDA ITEMS El 'Fl2. fl12QO 02 DRI 01 ( r.,. ~l'l!!d W SH rlraft 5 14 lJ2) doc

• EXHIBIT "A"

LEGAL DESCRIPTION OF INCREMENT II

li':XliJBlT"'A" LEGAL DESCRIPTION

FOR INCREMEN f ll

• EAST MIRAMAR AREAWIDE DRI

That portron of Sectron 36, TQwmfup 51 South, Range 40 East, of EVERGLADES SUGAR AND LAND CO ~UBDlVISlON, accordmg to the Plat there()( &S rer:ordcd m Plat Book 2, Page 39 of the publlc records of Dade f'ountv, Honda, w~h JS located north of the C-9 Canai,

Tog~ther Wlth

Tracts 45 and 46, Sectwn 25, Township 51 South, Range 40 East of EVERGLADES SUGAR .AND LAND CO SUBDIVISION, accotdmg to the Plat therwf~ as recorded m Plat Book 2, Page 39 of the puhhc records of Dade Co1.1ntv, FJonda, less nghts.of-way for FJ.ammgo Road and Mtra.mar Parkway,

Together witb

All of Setoons 2.5 and 30, Townslup 51 South. Range 40 East of EVERGLADES SUGAR LAND CO SUBDIVISION, accordmg to the Plat thereof; as recorded m Plat Book 2, Page 39 cfthc pubbc records of Dade County, Flonda whteh he north of MJramar Parkway and south of Miramar Boulevard, and ~:xcludmg The follomng parcel

MIRAMAR PARK OF COMMERCE PHASE III, accordmg to 1he Plat theroof; as recorded m Plat Book 161, Page 29, of the publ~e records ofBroward County, Fkmda..

Topth~T wu:b.

All (If SectiOm 19 and 24, Tcwnsh1p 51 South, Range 40 Easr of EVERGLADES SUGAR AND LAND CO SUBDIVISION, accordlng to the Plat tbereQf, as :reoorded in Plat Book 2, Page 39 of the pubhe records of Dade Councy, Flonda lyl.lll south ofMrramar Boulevard

01-~1-' 02 Ul :!9 FRU'I-MILL.EDGE & IDE!l 954&850~86 T-948 P03/05 U-S92

• • Together w1tb.

~ Of:SCIIIP nON (PAI'!Cfl C OF PROI"'OSED MlllAIJAA LAKES")

PORTIO~S Of TRACT:s; 41 42. 4;>; H f~ 41'5 47 "-'! 50, 51 /IN[) ~2 IN S(CTILM l ~ 10'oi'I>!S~11F S~ SOUTl1 ~NIGE- '!1 £.o~T OF "TI1t: E'r"EI>GI_AO SUGAR ~ND LI\NO I..OioiP ANY SUBtiiVISictt" ACC()RDHJ(; m TI-l [ PLAT lH[RtOf A$ l<ECIFOEO IN PLA 1 8 O()t; 1 P 1\GE 3~ OF 11-IE PUEIUC R(CORO !JF DADE COLJNTr FLOfU[li\. BHNG I.IORE PNlnCIJLML Y IIESCS18ECt AS rot.LOWS

COUP.IEI'J C£ H lli!! t-IORThwESl C o.RN~ OF" fH£ SOUTHWES r C)N E:- OU "'RTEI<' ( SW1/ 4 J Of" S 1,10 SEC. 'r!ON 1 g. TK£/<CE: ALONG THE NORTH UI>IE Of' SAIO ~OOJHWE~T ONE•OIJ.o.Klt"R (SWI/4) (<J..s!S OF BEARINGS") i'IOi?lH ~7 49 OfJ" E"'Sl 1435 '!lg fEE"T, 11-IEr-ICE SOUTH Ol.IO 54" (,;,ST ~S 00 FU IU F'OIN1 Of' 8f:GJNNIIiG 1'10 1 7tlcffCE PIIRALLEL \'IIlli ANO ti5 OQ FHT SO\HI-1 OF 11-[E NOfHH l.li'E OF' THE SOLI"Jl-IWE'Sl Or-It QUARTER (:SWI/4, \JF SAIO SEC1'10N 1 ~ NOR fl.! ~749'06" iA 51 26 35 rf:E r TO REFE~rncr POIIil '...,•, THE/iCE CON l'TNUIM:; ALONG SA.IO P ,o.~llllEL LiliE NOR l'n !7 49 06 EAST .!SB J2 f'~~ 'IHE~CE; SO\Jlli 85 ~Q 21• E~ST 100 72 n:ET, T~UIC£ P.llfl~LLEL \liTH AND ~1 00 FEET SOUTJ.I Of" THE NO~TI .. U"'E OF ThE S(JllfHWEST DIYI::-QU.'IRTER (SWl/t) Or 5AJO S~CTION 19 NQFITH 67 ig 06" EJr.Sl 2.17 00 FU1 THENCE NORTH D210'~ 'I\£ST 1.2 00 I'( THENcE SOIJ~ ./35":(0 ~ll" [,liST lOll 72 HEi 1HENCE PAilAUfl llllH A.ND 67 00 r<:n SOUTH !lf 111£ ,_OFII'H LINE; Of lHE SOJJHII'EST ON£-QU~f/Trn (SW1/") or SA~O ::i~CllON I~ I'IIORm 117 49 06 E.liST Jl:iOO f'EH Jlj~JII~I:: NOKOI 0210 ~ .. l'i~3T 12 00 f'£n TlfEJ,Cf PAAALU WliH 1\NCI 5S 110 FEET 50011-1 OF 'ltiE I'IOR r11 ~INE a. sAm so\Jll1\'IEsT QN[-QUAR1<:~ (sw 1/t), NORTH sr4; osT o..sr 225 ~, n;n 1Hrnct ALONC THL BOUNOARY OF "AVALON" AS SHOWN ON 111E Pt..t.T REOOR0.£0 IN PlM SOOK 160, PAGE -4 OF lH( PUBLIC ~EJ:OODS Of SROWIIfiO COUNTY, f'LOI'tiD A, SOOTH 01 'S3'SJ" EAST ll;l I 0 FEET TO AN IIHGI.E POl~ f IN SAID 90Ur-10AAY, TtiE:hiCE lll0'-'0 SAID BC!JI'fOJr.fiY AND rTS WE:STERL1 PROLCtiiCA'JIOtl, SOUTH ~7 48'12" \!'EST g71 5" Ft:ET THtNCE ALOr!C A UHF PARALLEL 1\ll'll-1 fflD 51~~"- f'.f:tf fAST OF TH£ EAST UN! W A JO.QO fOOl EVEIIOU.DES i'JPWJIIE COMf>AJ<Y EASEMfNT A5 OCSC~mEO ~~ ClfFlO)I.L RECOI'!D!: eOOK 1\92 PAGE !14 900~ 67BJ PAG!i< 7~ ~NO 900K 14:!i40 P4CE 51, Jr.U Of BRO'rtARO CalJNT'( RECQilQ5 SOlJ1l1 J214'J5" WEST 61lG 43 fEET, lHEf\ICf SOOTH 01"5J :iJ" fAST 11BJ ~0 FE.:ET, fHei!;E NORTH 7 .. 'J5'SO" wt:ST Hi7 ft:E:T TO A POII'lf ON "' lt'i4IIJ f"OOf RMlrUS NON-TANGENT CU!!.VE CONC,,.Vi:: ro TI1E NORTM \WiOst RADiuS POINT MARS loiOI'Tiol 093g ~~· EAST, T'HENCC: WESTERl.'f ,o,LONG SAIO CURV£ PAAAll_EL Wlni ~D l.Z 00 f!,.ET NCf!Th OF' '!HE: NORTH RIGHT-<F~Wn LJ!i.; 01" NIRAiiAR BCl.llEV,.,FW PEl; Of'FICIAL ~!COi'!~S BCOI< :H70" P"'C€ ;:1a !iROWARD COONl'i' RICCGROS TH'IOU(;Ji A CEiiTI!A.t ANGL£ or 05 SO 0 1" AN ARC lliSTAioiC£ OF J15 00 fEET 1HEt-!CE SOUlli 1 ~":24 J!J" WEST 12 00 FI.H TO 1'1 <'tlltt T tlH A ii.I5J 1.'i FOOT ~AOIU!> Ctl R~ t;;OtlC" I"E TO 111( lfO~ lJ1 Vlt!OSE R.O Oil! S POINT tl EARS I'ICR 1H 15 Z9 J9" f_.,~T, ""LSO e(li'G Tht ~ORE.SNO "'01'1111 RIQ-!T -OF- WA 'f UNf u 'II RN.IAI! !JOULE• ARD 1H EN/:£ NCF!Tli WEST~ Y AlONG S A10 CI!A I'E ANO SMO l't!GH 'r-OF- WA'1' UN( TH ROUc;K A CUITRAI. .o.NCL£ OF' 04 5>1' .2:9" AJo MlC Dl STANCE OF 23115 F.,:f.T m ,o, i>Ol"T OF JJON-T "'N CENCY TH[t.ll;(: NO"TH 50 J& 26 '!lEST j 00 94 FEET TO A I'OII'IT ON nl( AAC OF A ~41 n FOOl" RADIUS 1-!01'1-lANGElH CVR\1[ C\lNC"\IE: 1'0 Tl1E NORTHEAST \\lliOS£ R~lli\J3 PCUU ll£1\RS NO~lH :l3 3919 WEST llifNct': ~ORn11'1'E51£RLf Al!JNG SAID t;;URVE: BEING I'ARALLEL W11H ANO 12 00 FEH HOftlHE:ASTERLY Of" 'fl"IE AF0R£sAI!) ~Offil-l RrGHT-01"-WAY llr-JE OF ~RP.M ..,~ l'l0UL£VARO YMEN~E SOUtH :Z!nJ' ~6" \\IE ~T 12 00 F!J' r TQ 1\ POINT ON rnE ~ R<;; OF "" <:e ~J 13 F'Qe'Jl H ... () IUS Cl.m\t( C\lf' CA 'i~ TO THI I'IORTI-IEJIST '111-!0SE R.lOIUS POiNT eEA.fiS. 1-lOAlll JO 29'0:1." t45T (M fOllOWING l'HRE~ (3) COuAS~S FOLLOW A~ON\i S.;IO RICHT-CF -WAY Ll~ (•) NOflTHWESTU!L f AI..ONG SAlO CURVE TliR:OUG~ A l;~NTR,o,t. ANGl~ OF {ll49 14" .... ~ ARC [)jSTAI'ICE Of 1JO e7 ftET (t) NOPTH !II 58'04" W£'ST 200 6~ FHT (J) "'(I~'!H 55 (l~ 1"" IH[Si -43 Sl FEET 1')-I(NC£ ,t.LONO l'l-rE: w.E.Si iJNE: Of' SAID JO 00 rOOT ni~GI...AD£S PIF'a!NE CO!o!PMI't' E:Asn.ENT r-IORlli J~14. ~')" EAST 22erG~ F~£r 10 POtNT Of ij[\ili'!MNG NO I

LESS rn~REfROM ~5: fOLLOWING

COUM[NC( AT AFORES!I.IO REFEf!EliCE POJHT A 111EI'ICE. SOUTf.l 02~ (}'~" E.AS1' ~0 00 FIH TO PC41-H VI" llEC~I"lG NO 2 TllEiolC~ ~ORTH V49 0$" ~AST 201 91 F'EET, 'tHENCE ALONC A U"E P,lRAUEL V.lTl-1 AND 227 79 FEET E,lST Or lfl( EAS'!'" U"l( Cl( 'SAIO ~0 00 fOOT E\'ERGLIIDE PIP<:UNE Cffi!P!I.r-!'f EJ\SELI!:NT SOOTH 321+'~:5" WEST 2J76 18 ffiT TO ,;, I'OIIii ~ A 21)(1J..IJ f'(IOT RADIUS HON~T.I!Jof(';(NT CUAV( COi'ICAVE TO TH£ NORTJ-IU.<;;T 1~~'\-~0SE RMJI'JS POIHT e£ARS N(lR~ JlOO'Oo$ 0 E'~Sf TlfE:NCE NOR'f',.II\£STE11Vf ""tmm S~lrl CO~\'£ I}IROOGH II CENTRAL ANGLE Of 0015 JO" ~ ARC DI:STAllCE {)f" 11 73 fu:T m A POii'l1 OF 1-.0tii-TANGENCf 1119JCE NOFtrn 51~ o4• V£ST 19107 FEET, ll-IOH;f: AI..ONG A liNE P"ARIIt..Lil \111111 r.NO Rl fEET i:"'ST OF 1f1E !CASt LINE OF SAID 30 00 fOOl EVERGlADES Pll'~liNt CQ~p,o.r,y Eii.S~MEIH, /'lOrt"ll-1 ,:1214 J5" EAST ~213 71 l'tET TO POINT Of £lECINNIN ~ 1110 2

Lm the Colluwme;

Those lands owned by the Ccmnty ofBrow.rrd, the State ofFlor1da or the Uruted States (If Amenca.

Said lands lymg WJth111 Broward Cour~ty, Flonda

~-~~ r~~~~ u~~~~ • Pembrol<e RO<ld

\1!1 ~~ SdlOOI Site

South Flonda

Reg tonal Plalmmg Councti

[:::3 l~eo! llB<I~

[ EAST MIRAMAR AREAWIDE DRI INCREMENT II

Master Development Pl<m

J

~ ... .. -

j E Gj II..

EXHIBIT

1

No! to Seal<!

South Bond a

Regumal Plannmg COWlcll

• Pembroke Road

1rarnar Boulevard

M1ramar Parkway

EAST mRAREAWIDE DRI INCREMENT II

Vehicle Arcess POl.Tlts to O.ffs)te Roadway Network

EXHIBIT

2

Not tD &;m

• EXHIBIT 3

TRANSPORTATION IMPROVEMENTS

Roadway/1 ntersect1on Improvements

1 M1ramar Parkway (Red Road to Old Flammgo Road) Add one lane m each dnectlon

2 A Pembroke Road Bndge over 1-75 .. (Contnbut1on to Brcward County), or

28 • Miramar Parkway second EBRT lane to 1-75

southbound ramp begmn1ng 1 000 feet west of Dykes Road, and

• M1ramar Boulevard (Red Road to H 1atus Road) Increase from two to four lanes and

• M1ramar Boulevard (Old Flammgo Road to Red

Proportionate Share{$)

176M

176M

30M

80M

80M

PM Peak Hour

Threshold 1,258

2,515

Road) mcrease from two to four lan:..::e-=-s-,--------.,..--::--:-:-:----------=---:::-::::-:::---3 M1ramar Boulevard (Hiatus Road to Palm Avenue) 1 69M 3,772 Add one lane m each d1rect1on

~~~~-:---~-----4 Intersection Improvements (S1gnai1Zat1011)

• Miramar Boulevard/Old Flam1ngo Road 132M When warranted • Miramar Boulevard/Red Road 132M a11d permitted • M1ramar Boulevard/Hiatus Road 132M

• M1ramar Boulevard/Palm Avenue 132M 5 Add northbound lane on Red Road-f,-ro-m____,..H.,.,E=F=T=--ra_m_p ____ -:-::-::-:-------:-:-:-40M 5,030 to M 1ramar Parkway 6 Contnbut~on to C1ty of M1ramar for 1ts mass transit 36M 5,030

_prog.--,ra,--m----,-------==---.,----,---7 Palm Avenue (Tu rnp1ke to NW 199 Street) 634M 5,030 (Contnbut10ri to M1am1-Dade County}

TOTAL $7,272,000 6,288 -------------------

'" See Development Order cond1t1on 5 17

H ""'l]enda .AC EN OJ.>. ITEMS 6-5-0~10 12qr. 02 DRI J 1 (rt:v1sed ~ ~&H d rsft !5 j 4 O .. j do.

• • EXHIBIT4

TRIP GENERATION RATES

Land Uses

L1ght lndustnal

Office

Smgle Fam1ly

Apartments

Townhouses

Hotel

Retirement Commun!ty

Congregate Care

Elderly Hous1ngiAttached

GFA =Gross Floor Area GLA = Gross Leasable Area

ITE Code

130

710

820

210

220

230

311

250

252

462

Umt PPM Tnp Generation

Rates

1 000 sq ft (GFA) 0 56

1 000 sq ft (GFA) 1 15

1,000 sq ft (GLA) 2 13

D U 0 73

D U 0 40

D U 0 39

Roam 0 38

D U 0 27

D U 017

D U 010

Tnp generation rates for permitted land uses not listed above may be der1ved us1ng the gross unadJusted tnp rates from the current ed1t1an of Tnp Generation by the lnst1tute of Transportation Engmeers {ITE)

• EXHIBIT 5

GUIDELINES FOR ESTABLISHMENT AND OPERATION OF THE EAST MIRAMAR AREAWIDE TRANSPORTATION

IMPROVEMENT TRUST FUND FOR INCREMENT II ("EMATIII FUND'')

The Development Order ("Order') for the East M1ramar Areaw1de Development of

Regional Impact Increment II prov1des for creat1on of a mechamsm mvolvmg the C1ty of

M1ramar (' C1tv ') and owners of property w1thm the Areawide DRI (the «Landowners") to

effectuate the terms and cond1t1ons relatmg to transportation cand1t1ons for Increment !I

The C1ty and Landowners des1re to create a means to fund and construct the road

Improvements requ1rsd by the Order for ~ncrement II The Development Order for the

East Miramar Areaw1de DRI, Increment II allocates development w1th1n Increment II

among the landowners by type of use and by total peak P M tnps as set forth m the

Development Order The C1ty and Landowners seek to create an equitable and

financmlly feasible method to fund the requ1red road Improvements The EMATI Jl Fund

shall constitute a vehicle for fund1ng of road Improvements referred to herem The

Gwdelrnes for the Establishment and Operation of the EMATI II Fund shall be as

follows

1 A road ~mprovement trust fund to be called the East M1ramar Areawide

Transportation Improvement II Fund for Increment II (EMATI II Fund) 1s

hereby created

H .JV;Jend"' J.IGENDA ITEMS tl "-<12 i 11291' 112 DRI LJ1 \ro;l~lssd ""!::>H tlr;Jtt 5 14 D2\ do~

• a Creat1on and Purpose of Fund W1thm 30 days of the effective date

of the Development Order, Ansm shall establish the EMATI II Trust

Fund The Trust Agreement shall spec1fy that the purpose of the

EMATI II Trust Fund 1s to prov1de funds for the construction of

roadways 1n M1ramar Flonda as l1sted m Exh1b1t 3 hereto 1hat the

money held m such fund shall be exclusively for the deposit of

EMATI II Payments (as hereinafter defined) and for the

d1sbu rsement of those funds and the mterest thereon 1n accordance

w1th the prov1s1ons of these Gwdelmes The Trustee shall also

prov1de wntten ev1dence that an EMATI II Payment has been made

(an "EMATI ll Payment Receipt') The construction of each

transportation Improvement l1sted on Exh1b1t 3 shall be commenced

not later than the date that the cumulat1ve total of Vested Tnps {as

that term IS defmed below) for all development meets or exceeds

the thresholds listed on Exh1b1t 3 If construction has not been

commenced by the date that the cumulative total of Vested Tnps for

all development meets or exceeds the thresholds l1sted on Exh1b1t 3

then the C1ty shall suspend w1thm Increment II, the Issuance of all

deve~opment perm1ts for development m excess of the Vested Tr1ps

unt1l such t1me as such construction has been commenced For

purposes of these Gu1del1nes construction shall be deemed to have

'commenced' when a contract has been let for sa1d construction

b Payment of Funds Before any landowner or developer w~th1n the

East M1ramar Areawide DRI Increment II mcluding the City of

H ~ndaAGEHDA ITEMS 6 S-02 •''120{) U2 DRI-!l1 [1"6\IIS>~d W::.Hdr"Tt 'l 14 0~) dao

• Mrramar, may obtarn any bu1ldrng perm1ts, such party shall provrde

the Crty wrth an EMATI Rece•pt ev1dencmg that such landowner or

developer has pard to the EMATI U Fund the sum of $1 156 40 for

each peak P M tnp generated by the uses authonzed by the pemut

as determmed by the tnp generatroll rates of Exh1b1t 4 or apply a

cred1t m an equivalent amount as prov1ded for m these Gu1delmes

'Vested Tnps' as used herem shall mean those number of tnps for

whrch an EMAT! II Payment shall have been made or cred1t

apphed The sum of $1,156 40 has been computed by d1vrdmg the

construction cost of Improvements m Exh1b1t 3 by the total number

of tnps (6288 peak PM trrps) generated by the development

thresholds of Increment II

c Ansm cred1ts Ansrn shall not 1mtlaHy be requ1red to pay the

$1,156 40 per tnp charge at the time of plartmg 8S set forth above,

and shall be granted a cred1t of $2,112 000 ('Bond cred1f) Thrs

cred1t anses from the bond posted by Ansm w1th Broward County rn

connection w1th the Traff1c Concurrency Agreement for Increment

n Th1s cred1t shall constitute an EMATI II Payment for wh1ch tnps

are deemed vested at the t1me bwldmg perm•ts are 1ssued for

development upon lands w1thrn the East M1ramar Areaw1de DRI

owned by Ansm h1s successors and assrgns

d Drsbursemant of Funds Any landowner who has assumed

respons1bd1ty to construct a road 1mprovement ("Eirg1ble Entity')

may obtarn EMATI II funds by prov1drng the Trustee w1th a wntten

• request for disbursement of funds from the EMATr II Trust Fund (a

'Disbursement Request') Pnor to obta1n1ng fund pursuant to a

Disbursement Request, among other requirements, the Ehg1ble

Entity shall be requ 1red to comply w1th { 1) and (2) below

(1) The Eligible Ent1ty shall

(1) Prov1de the Trustee w1th a fully e}<ecuted copy of the

contract for the road construction show1ng the cost of

such construction to be equal to or greater than the

Disbursement Request,

(n} Prov1de a payment bond guaranteemg the payment of

the amount bemg disbursed and the refund of any

money pmv1ded to the Ehglb1e Ent1ty pursuant to the

DISbursement Request and not pa1d for construction

of the road 1mprovement(s], and

(111) Prov1de ev1dence before the release of the descnbed

bonds that the governmental ent1ty w1th mamtenance

Junsd1ct1on has accepted the road 1mprovement(s), or

\2) The Ehg1ble Ent1ty shall request payment of the

D1sbursement Request amount by draws made payable to

the El1g1ble Entity and the road contractor accompan1ed by

the followmg

ll) A copy of the fully executed contract for construct1on

ofthe Road Jmprovements,

H Ag'"'nda li-IGEr JDA ITEM<:; t3 5..02' fl1 ;::gu 02 DP I LJ1 ~ re- 1sed WSH dr ,1tt '5--14 II~) d l'"'

e • (11) A copy of the road contractors mvo1ce for payment,

wh1ch mvo1ce shall prov1de for the Trustee to hold a

10'lf(l retamage to be pa1d at the final approval of the

proJect,

(111) A cert1f1cat1on from a qualified engmeer that the work

for which payment 1s requested has been completed

1n accordance w1th all approved plans and

spec1f1cat1ons, permits and requirements of

governmental ent1t1es w1th JUnsd~ctlon over the

roadway, and

(1v) The request for fmal payment sha11 be accompanied

by any appropnate lten releases, mamtenance bonds

an eng1neer s cerhf1cat1on as descnbed m (111) for the

ent~re proJect, by wntten approval from all

governmental ent1t1es w1th JunsdiCtlon and by such

other documents as are requ1red to show that the

governmental entity Wfth mamtenance respons1b1l1ty

for the road Improvements have accepted the road

Improvements

1e) Advance of Funds In the event that funds are not ava1lable

for the total cost of the road segment to be 1m proved, a

property owner may advance such funds as are necessary

to complete sa1d segment Any advance of funds to

complete the construction of a requ1red road segment shall

• resua 1n a cred1t ( 'Construct1on Cred1t") equal to the amount

of funds advanced, not to exceed the construction cost for

that road segment as shown on Exh1b1t 3, such advances

shall const1tute EMATI II Payments available to vest tnps at

the t1me a bu1ldmg perrrut IS sought

(f) At such t1me as all of Ansm s Bond and Construction Cred1ts

are used then Ans1n shall pay to the EMATI II Fund the sum

of $1,156 40 per peal-.. hour tnp on the same bas1s as other

landowners

2 W1thm 10 days of the vest1ng of any tnps as prov1ded herein equal to the

thresholds listed m Exh1blt 3 hereto, the C1ty shall notify Ansm m wnllng

that the thresholds have been met If funds are available 1n the EMATI

Fund to complete a road segmentl1sted 1n Exh1b1t 3, Ans1n agrees to

commence construction, or cause commencement of construction, of the

applicable road segment no later than 120 days from the date that the

cumulative total of Vested Tr1ps for all development meets or exceeds the

thresholds listed m Exh1b1t 3 hereto as to a particular road segment

2 When the notjce IS tssued as prov1ded 1n paragraph 2 above, the not1ce

shaH mclude a request that Ans1n e1ther {1) commence construction of the

next requ 1red road segment w1lh1n 120 days of such notice, or (11) w1th1n 30

days of such not1ce Ansm shall adv1se the C1ty that Ans1n declines to

commence such construct1on before suff1c1ent funds are available If

sufflcJent funds to complete a necessary road segment are not ava1lab~e m

the EMATI II Fund and If Ansm dechnes to commence construction of

H r [lPnd 3 .AGE t JD"' I TEMO.' ~ '\ 0.2 01 ;:.su 02 0 PI 01 Ire 1csed 1 "'S!-' drart 'J.-14 Q;n do'JG

the next requ1red road segment by the t1me the cumulative total of Vested

Tnps for all developments Wjfhm Increment II meets the thresholds

(Exh1b1t 3) for the next uncompleted road segment then any other owner

of ~and w1thm the East Miramar Areaw1de Increment II DRI may file a

Disbursement Request to complete the next uncompleted roadway

segment and may rece1ve the available EMATI II funds and shall rece1ve a

Construct1on Credit for those add1t1onal funds expended to complete the

road segment

4 The City w1H ma1ntam a current schedule of Vested Tr1ps, updated as

tnps are vested, and w1ll make such 1nformat1on ;;wadable upon request

H '~ndd A(•ENDA ITEI ~S'h 5-030 1!:1.10 0~ DRI 01 (P",ISed '/; ~H draft~ 14 U2) cJor

EXHIBIT 6

FORM RPM-BSP-ANNUAL REPORT-1

STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd Tallahassee Flor1da 32399 904/488-4925

•

DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT

Subsection 380 06(18) Flor1da Statutes (F S ) place the respons1b1l1ty on the developer of an approved development of reg1onal 1mpact (DRI) for submltlmg an annual report to the local government, the reg1onal planmng agency the Department of Commumty Affmrs, and to all affected perm1t agenc1es, on the date specified m the development order The failure of a developer to subm1t the report on the date spec1f1ed tn the development order may result m the temporary suspe11s~on of the development order by the local government unt1l the annual report IS subm1tted to the rev1ew agenc1es Th1s requirement applies to all developments of reg1onal Impact wh1ch have been approved smce August 6, 1980 if you have any questions about th1s reqwred report call the DRI Planner at (904} 488-4925

Send the 0r1gmal completed annual report to the designated local government off1c1al stated m the development order w1th one copy to each of the followmg

a) The reg1onal plann1ng agency of JUriSdiction,

b) All affected perm1tt1ng agenc1es,

c) D1v1s1on of Resource Planrung and Management Bureau of Local Plann1ng 2555 Shumard Oak Blvd Tallahassee, Flonda 32399 904/488-4925

• ANNUAL STATUS REPORT

Reportmg Penod to ~------- -----------

Month/Day/Year Month/DayNear

Development-----~------------~-­Name of DRI

Location C1ty County

Developer Name Company Name

Address --------~---------~----

S1reet Locat1on

-----------------~-----

C1ty, State Z1p

1 Descnbe any changes made 1n the proposed plan of development phasmg, or m the representations contamed m the Application for Development Approval smce the Development of Reg1onal Impact received approval Note any act1ons (substantial dev1at1on determ1nat10ns) taken by local government to address these changes

Nate If a response IS to be more than one sentence, attach as Exh1b1t A a detailed descnptlon of each change and cop1es of the mod1fied s1te plan draw1ngs E.xh1b1t A should also address the follow1ng add1t1onal 1tems 1f appl1cable

a) Describe changes 1n the plan of development or phasmg for the reportmg year and for the subsequent years,

b) State any known Incremental DRI appl1cabons for development approval or requests for a substantial dev1at1on determ1nat1on that were fired 1n the report1ng year and to be flie-d dunng the next year

c) Attach a copy of any not1ce of the adoption of a development order or the subsequent modification of any adopted development order that was recorded by the developer pursuant to Paragraph 380 06{15}(f), F S

H .Agencld lAG ENDA ITEr 18 5 ~ u2 0 I~ n:: DPI-')j I re"ISed Y.l SH dr:Jft 'i 14 0£) dnc

2 Has there been a change m local government JUriSdiction for any portton of the development smce the development order was Issued? If so, has the anne-xtng local government adopted a new ORI development order for the project? Prov1de a copy of the order adopted by the annex1ng local government

3 Prov1de cop1es of any rev1sed master plans mcremental 51te plans, etc , not previously submtlted

Note If a response 1s to be mare than one or two sentences, attach as Exh1b1t B

4 Prov1de a summary companson of development act1v1ty proposed and actually conducted for the reportmg year as well as a cumulattve total of development proposed and actually conducted to date

Example Number of dwelling umts constructed s1te Improvements lots sold acres m1ned, gross floor area constructed barrels of storage capacity completed, perm1ts obtame-d, etc

Note If a response IS to be more than one sentence, attach as Exhtb1t C

5 Have any undeveloped tracts of Jand Ill the development {other than md1v1dual s1ngle.fam1ly lots) been sold to a separate ent1ty or developer? If so tdent1fy tract tts s1ze, and the buyer Prov1de maps wh1ch show the tracts mvolved

Tract Buyer

Note If a response IS to be more than one sentence attach as Ex.h1b1t D

6 Oescnbe any lands purchased or opt1oned adjacent to the ongmal DRI s1te subsequent to Issuance of the development order Identify such land, 1ts SJze, and Intended use on a stte plan and map

Note If a response IS to be more than one sentence, attach as Exhtbtt E

7 L1st any substantial local, state and federal perm1ts wh1ch have been obtamed, applied for, or demed dunng th1s reportmg penod Specify the agency, type of permit. and duty for each

Note If a response IS to be more than one sentence attach as Exh1b1t F

8 Prov1de a hst spec1fymg each development order cond1t1ons and each developer commttment as continued rn the ADA and state how and when each cond1t1on or commitment has been complied w1th durmg the annual report reportrng penod

Note Attach as Exh1b1t G

9 Provide any mformat1on that 1s specifically requrred by the development order to be mcluded m the annual report

10 Prov1de a statement cert1fymg that all persons have sent copres of the annual report m conformance wrth Subsect1ons 380 0(15) and {18), F S

Person comp~etrng the questronnalre

Trtle -~ __________ _

Representmg --------~----

H AQerv1a ACENDA ITEIIS b-S-"~'01.lCil 0~ DRI 01 11"1-'111sed NSH dr;:~ft 5 14-!!2\duc:

-----------

EXHIBIT 7

ALLOCATION OF DEVELOPMENT, INCREMENT II (measured bv peak p m tr1ps to Landowners)

Landowner Development PPM Tnps

Clty of M1ramar

Ansm

260,000 sq ft government, library, and educational

144,000 sq ft reta1~

255,200 sq ft off1ce

500 garden apt umts

1,31 0,800 sq ft reta1l

299

307

294

200

1,100 ..

2,793

200 hotel un1ts 76

2,933,900 sq ft 1ndustnal 1,643

344 400 sq ft off1ce 396

700 apt UnitS 280

Total peak p m tnps

5,188

6,288

" Subject to an agreement between Ansm and the City of MJramar dated March 15 2000, as amended

H J>go>nfla'N_,ENDA ITEMS 6-5-n2'01:Xt 0~ DRI-D1 rr"<1sed WSH draft 5 14-0:H:!oc

City of Miramar Department of Community & Economic Development Appendix Page | A-60

Appendix 5: Miramar Town Center Retail Assessment (Completed February 2016)

Introduction The City of Miramar is currently undertaking the formulation of a five-year Economic Development Action Plan (EDAP). The foundation of the strategic planning effort includes an Economic Profile Report to assess existing demographic, economic, and real estate market conditions (i.e., business sectors; demographics; psychographics).

The Economic Profile Report specifically includes assessment of residential, office, industrial, hotel, retail/dining/entertainment, and cultural arts assets in the City of Miramar, Broward County and the Southeast Florida region.

Within the City of Miramar, the EDAP is specifically focused on how to both unify the City’s cohesive identity as a whole while also identifying opportunities for new development activity and urban revitalization in historic area of Miramar (the Transit Oriented Corridor), western Miramar, and the Miramar Town Center.

This assessment is intended to provide a preliminary findings and recommendations related to retail uses in the Miramar Town Center as follows:

Conceptual Plan and Development History

Successful Town Center Retail Operating Requirements

Preliminary Findings and Recommendations

Next Steps

This preliminary assessment has determined that while the Miramar Town Center is an exemplary public-private model of cutting edge urban mixed use and smart growth design principles, the Town Center is facing difficult challenges to complete the development of Block 2: Mixed use office/retail (current surface lot) and Block 3: Civic/office/retail (Miramar Police Headquarters with ground floor use to be determined).

The City of Miramar must concurrently balance the completion of ongoing construction/fit out/tenanting of the Town Center with: 1) fiscal requirements 2) generating tax income on remaining development parcels and 3) achieving a functional Town Center at buildout.

To address these needs, the City of Miramar is evaluating a proposal to locate the Police Department’s Property and Evidence Department on the ground floor of the Police Headquarters (Block 3). While this alternative would serve to provide space for an important civic/public safety use in need of co-location with the Police Headquarters, this deviation from the Miramar Town Center Conceptual Plan is expected to result in long-term unintended consequences that would negatively impact the viability of the Town Center to achieve its intended use as a cultural, arts and entertainment destination.

A secondary critical risk factor challenging the successful development of the Miramar Town Center is that the Master Developer, Rockefeller Group Development Corp/Kimco Realty (Rock-Kim) is required by the Development Agreement to complete Block 2’s construction by October/December 2016, which will not be accomplished, since development plans have not been submitted to the City. The City will need to consider whether to repurchase the property as allowed by the Development Agreement or grant an extension to the completion deadlines.

The development/retail tenanting potential of Block 2 and Block 3 are at risk at this time. It is recommended that the City take a leadership role in revisiting/refocusing the development strategy for the Town Center by revisiting the retail recruitment strategy and that the City explore an alternative location for Property and Evidence. The City should also use the remedies available under the Development Agreement to evaluate alternatives for repositioning Block 2 through modifications to the site’s covenants, entitlements, development strategy and public-private funding sources.

These findings suggest that the City should focus on basing decisions on the ultimate development of Block 2 and Block 3 from a long-term perspective founded upon achieving operational success of the Center. This will require a long-term commitment to facilitating ongoing

City of Miramar Department of Community & Economic Development Appendix Page | A-61

management of the Town Center as a whole through coordinated retail space leasing and program management.

The rationale for these recommendations follows in a discussion of successful Town Center retail operating requirements and the Urban Land Institute’s (ULI) Top 10 Principles for Successful Town Center Development, analysis of the relationship between submarket area retail supply and demand, and evaluation of typical destination service retailer space requirements.

Miramar Town Center Conceptual Plan and Development History In March 2000, the City purchased the 54-acre Miramar Town Center site and proceeded to acquire all of the necessary development entitlements for the property’s development into a vibrant mixed-use Town Center. At conception, the City’s vision was to create a “downtown” central location that would create a sense of place in the City of Miramar. The Town Center would be anchored by civic and cultural uses—including a new City Hall, Cultural Arts Center and a Public Library—with a functional mix of retail, office and residential uses.

Of the 54-acre site, 14 acres were set aside to house the majority of the civic uses, such as the 87,000 square foot City Hall, 72,000 square foot Community Library-Education Center, and the 49,000 square foot Miramar Cultural Center (all have been successfully constructed by the City). The remaining 40 acres were slated for the private development of retail, office and residential uses to be completed by a master developer.

On February 16, 2005, the City Commission approved the sale of the Town Center’s 40-acre private parcel to the joint partnership of the Rockefeller Group Development Corp/Kimco Realty (Rock-Kim Miramar, LLC) to serve as master developer for the private uses. Since the project’s inception, the City Commission has approved site plans for five of the six private development blocks and construction has been completed for four of them and one is in the late stages of construction. The private development was initially programmed to contain approximately 135,000 square feet of retail, 26,000 square feet

of wellness and fitness, 43,000 square feet of office and 496 residential units (133 townhouses, 346 garden apartments and 17 live-work units). These components were considered “essential” to fulfill the mixed-use Town Center vision. Over the years, the program has been amended slightly to account for changing market conditions, while maintaining the essential components to achieve the vision and now includes 150,000 square feet of retail and fitness, 85,000 square feet of office and 504 residential units (134 townhouses, 370 garden apartments), as well as an additional 80,000 square feet of civic office to accommodate the new Police Headquarters.

The following Figure 28: Miramar Town Center Conceptual Plan (September 2012, most recent update) provides a graphic of the current site plan.

The following figure provides an overview of the planned use‐mix and densities proposed for the Town Center.

City of Miramar Department of Community & Economic Development Appendix Page | A-62

Figure 28: Miramar Town Center Conceptual Plan (September 2012, most recent update)

City of Miramar Department of Community & Economic Development Appendix Page | A-63

To date, Rock-Kim completed the development of Block 4B (mixed use office/residential over retail) consistent with the Town Center Conceptual Plan and opened in late 2008. Block 4B includes 79,000 square feet of retail and fitness, 45,000 square feet of office and 17 residential units that wrap around a previously constructed 565-space structured parking garage with high quality Mediterranean style architecture. Table 1: Miramar Town Center Conceptual Plan Program Summary

Block 1: CITY HALL & CULTURAL CENTER

Civic 208,000 SF

Block 2: OFFICE/RETAIL DEVELOPMENT SITE

Retail 40,000 SF

Office 40,000 SF

Parking1 300 SP

Block 3: RETAIL/CIVIC/OFFICE

Apartments 117 DUs

Retail 14,000 SF

Civic / Office 80,000 SF

Transit Hub 5,000 SF

Parking 1,001 SP

Block 4A: RESIDENTIAL/RETAIL

Apartments 236 DUs

Retail 12,700 SF

Parking 437 SP

Block 4B: RESIDENTIAL/RETAIL

Apartments 17 DUs

Retail/Fitness 78,755 SF

Retail Outparcel 5,000 SF

Office 45,435 SF

Parking 585 SP

Block 5: RESIDENTIAL

Townhomes 67 DUs

Parking 190 SP

Block 6: RESIDENTIAL

Townhomes 67 DUs

Parking 164 SP

1May require structured parking or additional parking in other blocks

to achieve parking requirement

Source: City of Miramar; Willdan, 2016

 

   

City of Miramar Department of Community & Economic Development Appendix Page | A-64

Although several retail tenants have since opened in Block 4B including 24hr Fitness, La Famiglia, Subway Subs, JenCare Skin Farm, Brow Boutique, Hochman Family Chiropractic, Drop Dry Cleaners, UPS Store, Juana’s Sports Bar & Grill and Dunkin Donuts, approximately 24,000 square feet of retail remains available in Block 4A and Block 4B (see Table 2). An outparcel remains vacant on Block 4B that can be used for retail, daycare or bank.

The office component in Block 4B is effectively 100% leased with Comcast Spotlight, the advertising sales division of Comcast Cable, attorneys Lopez and Morales, PA, for 3,200 square feet, Tenant Evaluation, LLC for 2,318 square feet and Goode Consulting, LLC for 5,000 square feet. Another notable office tenant includes the U.S. General Services Administration for approximately 16,250 square feet. The building is fully leased with the exception of a bank outparcel that remains available.

The residential components of the development in Block 3 through Block 6 have been very successful with approximately 100% occupancy. Developer Mill Creek Residential recently sold the Modera Town Center Apartments in the Miramar Town Center to a New York firm for $120 million (approximately $246,406 per unit)1. The 487 units are split between two apartment complexes with attached parking garages, and a spread of lakeside townhouses north of Canal Street. An affiliate of Mill Creek built the 20-acre complex after paying New York’s Rockefeller Group $12.5 million for the land.

The Modera project units range in price from $1,527 to $3,652 per month for between 702 and 1,566 square feet. The complex includes high quality amenities (i.e., swimming pools, fitness studio, clubhouse with arcade room and a children’s playground).

In spite of the success of the residential and office components of the project, Rock-Kim reports that the project has reported significant financial losses due to the economic downtown and associated construction and tenant absorption delays. Consequently, Rock-Kim and the City entered into a Purchase and Sale Agreement (PSA) for a

                                                            1 http://therealdeal.com/miami/2015/12/31/mill‐creek‐sells‐new‐miramar‐apartments‐for‐120m/#sthash.VZwPHYBF.dpuf 

one-acre site on the southern side of Town Center’s Block 3 for the development of the new 67,000 Miramar Police Headquarters and 14,000 square feet of ground floor shell retail space in July 2012 (currently under construction). As part of the PSA, the City agreed to construct the retail space, which would then be purchased back by Rock-Kim at completion. The City is currently considering retaining ownership of the shell retail space and the Police Department is recommending that the space be converted for use as their Crime Lab and Property and Evidence Facility due to the adjacency to the new Police Headquarters and operational benefits.

The Conceptual Plan calls for nearly 150,000 square feet of retail to ensure that Town Center offers the critical mass of retail space required to function as a Community Center. The loss of retail on Block 2 and Block 3 indicate that more than 50,000 square feet of that critical mass have not yet been constructed and are in jeopardy of permanent loss.

City of Miramar Department of Community & Economic Development Appendix Page | A-65

Table 2: Miramar Town Center Concept Plan – Space Planned vs. Constructed and Occupied (2016)

Planned Con-

structed

Under Construct-

ion Occupied1 Not Con-structed

Retail (SF) 150,000 96,000 14,000 72,000 40,000

Office (SF) 85,000 45,000 - 45,000 40,000

Civic/ Cultural (SF) 288,000 208,000 67,000 208,000 -

Residential (DUs) 504 504 - - -

1As of 2/11/2016: 24,000 SF of retail space is available in Blocks 4A & 4B.

Source: KIMCO Realty; City of Miramar; Willdan, 2016

This indication of project risk for future retail development is further supported by an interview with Rock-Kim representatives who reported the current retail vacancies are due to several factors:

Continued recovery from the 2008 economic recession 

Regional competitive supply (more than one million square feet) 

Relatively  lower traffic counts when compared to Pembroke Pines transit corridors (currently 56,000 trips per day on Red Road versus 150,000+) 

Block 3 construction delays 

Lack of critical mass of retail space required for Community Center retail  (retail  planned:  150,000  square  feet;  retail  constructed: 96,455 square feet; retail occupied: 76,455 square feet). 

Best Practices for New Town Center Development reported by ULI-the Urban Land Institute suggest that a for a new Town Center to achieve a successful retail mix, there must be a critical mass of functional space and available market demand to support between 150,000 and 250,000 square feet of retail space.

Based on a market gap analysis according to ESRI Business Analyst, the City of Miramar is experiencing retail leakage (pent-up demand) within a 20-minute drive time of the Town Center within several retail categories considered targets for the site. While the ESRI data indicates that there is sufficient market support for the retail envisioned for the Town Center, the project is at risk of failing to thrive due to the proposed deviations from the Conceptual Plan.

The Miramar Town Center was planned to include 150,000 square feet of retail (the minimum threshold for successful Town Center development). In effect, nearly half of the total planned retail space is not constructed or occupied and of that, 54,000 square feet is at risk of permanent loss.

The Town Center has not yet achieved the optimal retail density needed to effectively execute a sustained retail recruitment strategy. This challenge is further exacerbated by the comparative traffic counts in established centers to the north in Pembroke Pines) and the ongoing construction activity. All of these factors together present risk to the ongoing success of the Town Center to function as planned. It is a risk not only to the City’s investment to date, it is a risk to current businesses who have invested in locating in the center and it is a risk to the developer/operator of Block 2.

It is very important to take these factors into consideration when evaluating the future use mix in Block 2 and Block 3. Willdan consulted with Torti Gallas and Partners, the Miramar Town Center’s original master planner and urban design team, regarding this proposed change to use the 14,000 square foot space for Crime Lab and Property and Evidence uses. Representatives from Torti Gallas have indicated that this proposed shift from the original Conceptual Plan is not recommended as it will damage the capacity of the Town Center to operate as designed and would likely further complicate efforts to attract retailers to remaining vacant retail spaces. Removing an

City of Miramar Department of Community & Economic Development Appendix Page | A-66

activated public use from the ground floor retail of the City Hall Promenade will directly limit the viability of Block 2’s future retail use.

Review of the Miramar Town Center Conceptual Plan indicates that the City Hall Promenade was designed to allow for ground floor retail on both sides of the street. By transitioning the ground floor retail space of the Police Headquarters to a non-public/closed use, the function of the Town Center would deviate significantly from the plan’s vision and would impede future place-making programming and investments. To provide an overview of the drivers of project risk associated with retail development, an overview of area submarket retail performance, retail tenant-mix alternatives, and successful Town Center retail operating requirements follows.

Overview of Submarket Area Retail Market Supply and Demand In terms of the relationship between available market demand and market supply, the data suggests that notwithstanding substantial retail market supply there is evidence that retail leakage (demand) is occurring in the local submarket area (defined as a 20-minute drive time from Miramar Town Center) in certain spending categories that would be supportive of a destination service retail concept at the Town Center.

According to ESRI Business Analyst and CoStar data, there are 28 major shopping centers with 1,294 individual stores offering more than 10 million square feet of gross leasable retail area within a 20-minute drive time of the Miramar Town Center (refer to Appendix A for detailed data).

Concurrently, the submarket contains more than 320,000 households and average household incomes of $72,500 per year, or $23 billion in total household income. Assuming consumer expenditure behaviors reported by the US Consumer Expenditure Survey, approximately 25% of gross household income may be available for retail and other consumer expenditures. This translates to approximately $5.8 billion in available spending power within the retail submarket (excluding inflow factors from outside the trade area boundaries illustrated by the following figure).

Figure 29: Miramar Town Center Primary Retail Submarket Area (20-Minute Drive Time)

City of Miramar Department of Community & Economic Development Appendix Page | A-67

Looking to future growth potential, there are expected to be 10,561 new households by 2020. The following Table 3 illustrates that these households are expected to generate nearly $1 billion in net new retail spending power over the next five years. However, competition for high quality retailers in the “lifestyle center” category is expected to increase as new projects come online in adjacent trade areas. Table 3: Retail Spending Power, 20-Minute Drive Time from Miramar Town Center (2015-2020)

2015 2020 Net Change

Households 321,464 332,025 10,561

Avg HH Income $72,501 $81,655 $9,154

Total Household Income $23.3 B $27.1 B $3.8 B

Consumer Expenditures1 24.7% 24.7% 24.7%

Retail Spending Power $5.8 B $6.7 B $939,8 M

1 As a % of Total HH Income based on the US Consumer Expenditure Survey, 2014

Source: ESRI Business Analyst; Willdan, 2016.

Within this concentration of major shopping centers in the primary submarket area, there is evidence of both market over-supply and retail leakage according to certain retail spending categories.

For example, based on the retail gap data reported by ESRI Business Analyst, it is not likely that the Town Center would attract large format apparel and furnishings stores.

In terms of retail-use mix, while an end cap site or a location near a major entry would be desirable for a drugstore, it appears that this category is over-supplied in the current local market (defined as a 20-minute drive-time from the Miramar Town Center). According to ESRI, there are 586 Health and Personal Care stores within a 20-minute drive time of Miramar Center reporting sales of $688.0 million in sales in comparison to a sales target of $1.2 billion, or oversupply equal to $517.5 million in annual sales.

However, there is evidence of new retail demand (retail leakage) for Specialty Food Stores, Full Service Eating & Drinking Places (restaurants), and Leisure Goods (Sporting Goods, Hobby, and Book & Music Stores). Together, these categories are reporting approximately $317 million in annual sales leakage (represented as the difference between spending power and available supply). Assuming an average investment-grade retail sales productivity rate of $350 per SF, this available retail spending represents potential for nearly 908,000 SF of new retail somewhere in the submarket area.

The category with the greatest leakage is Eating and Drinking establishments (full-service restaurants in particular). This category is further supported when analyzing projections of available spending power over the next five years (2015-2020).

In review of individual retail categories reporting leakage and current tenant mix, the Town Center’s retail recruitment strategy should focus on “low hanging fruit” in the most visible locations of vacant space and particularly in Block 2.

Given area retail offerings and the current tenant mix at the Town Center, it is recommended that the tenant recruitment strategy focus on attracting a critical mass of service retail anchored by destination uses such as a small format ethnic grocery store, Urgent Care outlet, and boutique pharmacy that could be cross-subsidized by other uses to offset the oversupply for Health and Personal Care uses in the submarket (in effect, the use would be included as an amenity to make the use-mix work but may not achieve market rents).

In terms of the space requirements of any of these service destination retailers, they should be in an easily accessible location on an activated street with other synergistic retail tenants.

While a destination service retail tenanting strategy in the Town Center appears to be feasible, the recommendation is considered on the condition that it is coupled with programming. It is important to note that at this location, the Town Center is designed to function as an urban center in a suburban transit corridor. In effect, a concentration of functional service retail alone will not make a place work without sustained programming. A strategically placed retail/dining cluster within the center may be well-situated on Block 2, visible from Red

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Road, and would serve to provide a missing programming and space activation anchor in the complex.

In summary, it is important for the Miramar Town Center to achieve buildout and fully execute a sustained retail recruitment program to capture its “fair share” of current and future projected local retail spending power.

Successful Town Center Retail Operating Requirements Smart Growth and Form Based Code design guidelines advocate for intense, pedestrian-oriented retail and commercial uses to be located in Town Centers. In these urban core areas, ground-floor non-retail uses are discouraged, and buildings are defined as urban in character with front façades built to the front property line and at-grade entrances. Ground floor uses are recommended to be visible to the public and offering activated, synergistic uses.

Other important Town Center retail operating requirements as reported by the National Retailers Association, the National Retail Expansion Guide (2014), and the International Council of Shopping Centers include are detailed in the following Table 4: Miramar Town Center Retail Site Selection Characteristics.

Based on these factors, the City of Miramar offers several competitive characteristics. The City’s population is approximately 135,000 within 31 square miles (very attractive for a range of retailers) and median household incomes are approximately $63,000. Miramar’s population and incomes are of the fastest growing in Broward County and the City has been recognized as one of the nation’s fast growing and best economies by WalletHub, a personal finance and economic research company.2 Traffic counts on Red Road are estimated in the range of 55,000 trips per day, sufficient to support a range of community serving retailers.

In terms of physical and design characteristics, it is important to note that a Town Center’s retail operations are different from regional or strip retail centers. Town Centers should be walkable, accessible to job

                                                            2 http://www.sun-sentinel.com/business/fl-fastest-growing-economies-0150929-story.html

centers, offering a diversity of housing choices and a mix of land uses/densities. Increased densities maximize the public return on investment for an enhanced civic and cultural presence with strong physical connections to surroundings. Town Centers anchored by retail/dining/entertainment/gathering places offer a clearly identifiable and energized public realm attractive to residents and businesses.

By definition, Town Centers are designed to be community gathering places usually serving between 20,000 to 100,000 people living within a 10- to 20-minute drive. Town Centers are typically anchored by a dominant retail store (is generally a junior department store or a large variety store). This is where Miramar’s Town Center has not yet achieved an optimal retail tenant mix. Blocks 4A and 4B have been successful in attracting other typical co-tenants supportive of mixed-use Town Center development, such as the dry-cleaner and beauty salon. These uses depend on a rapid turnover of traffic in the center and are currently located where there is always available parking on the existing surface lot of Block 2.

 

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Table 4: Miramar Town Center Retail Site Selection Characteristics

Source: ULI-the Urban Land Institute; Willdan, 2016

Population Density and Population Trends

332,025 households within 20-minute drive time, growing at 1.3% annually

Gross Retail Spending Power $5.6 billion in disposable income in 2015, growing by nearly $1 billion to $6.7 billion in 2020

Total Retail Trade Potential by Category – Gap Analysis

Evidence of retail leakage equal to $317.5 million annually, or potential support for nearly one million SF of new retail in the categories of specialty food stores, full-service restaurants, and leisure goods (sporting goods, hobby, book/music stores)

Retail Competition (20 Minute Drive Time)

CoStar data reports 105.6 million SF of retail supply in Broward County alone. Key competitive retail centers include The Shops at Pembroke Pines, Miami Gardens, The Shops at Bal Harbor, and the outlet “category killer” of Sawgrass Mills (2.3 million SF within 25 minutes)

Adjacent Retail Planned/Under Construction

City Place Doral and The Shops at Downtown Doral will deliver more than 430,000 SF of lifestyle retail by 2018

Existing Retail Performance CoStar data for the City of Miramar indicates healthy performance:

Supply: 3.1 million SF

Direct Vacancy Rate: 5%

Average Lease Rate (NNN): $23/SF – supportive of new construction

Positive Net Absorption (2006-2015; 45K SF absorbed in 2015)

Retail Space Under Construction: None

Placemaking Programming

(Live/Work/Play & Public Realm)

The Miramar Town Center and Cultural Center offer a unique, high quality experience for the visitor, the ongoing construction activity has limited the ability to fully activate the site through sustained programming such as pop-up events, kiosk vendor program, food truck rallies, etc. The addition of this programming will be critical to achieving the Center’s full potential

Nature of Zoning Regulations, Covenants and Entitlements

The current covenants and entitlements associated with Block 2 do not maximize the marketability of the site

Availability of Access/Visibility and Traffic Counts

Traffic counts are sufficient to meet the minimum threshold requirements of targeted retailers (25,000 VPD+), the current estimates at Red Road are 56,000 VPD in comparison to competitor sites to the north (150K+) and south (90K+)

Design Elements Double-sided retail as a critical design element for retailers to achieve functional walkability

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Preliminary Findings and Recommendations Taking existing conditions and operating requirements into consideration, the future tenanting of Block 3 and development strategy for Block 2 are critical to the continued success of existing retail businesses, office absorption, and the function of the Town Center as a whole.

To further inform Willdan’s recommendations for the Town Center’s retail uses, we reviewed ULI’s Top Ten Principles for Developing Successful Town Centers (see Appendix A for full version) as a national benchmark. Following is an assessment of the Miramar Town Center’s current status of development (i.e., use mix, vacancies, retail recruitment strategy) according to ULI’s best practices with key recommendations for the City’s immediate consideration.

1. Create an Enduring and Memorable Public Realm: Define the public realm with streets, open space and places for people.

Miramar has successfully created a high-quality development with state-of-the-art public realm improvements. The City’s significant investment in the building architecture, the Palm Grove, Plaza, and Fountain set a clear and high-quality level for the Town Center that support its place-making potential. The aspect that is lacking is related to street activation (foot traffic) due to the ongoing construction and deficient critical mass/cluster of traffic drivers. Examples of drivers could be a retail/dining/entertainment district that would capture its fair share of available spending power from residents and daytime office workers. Discussions with the current owner/operator of retail uses suggest that the Town Center’s traffic counts are deficient when compared to competing locations to the north in Pembroke Pines (55,000 trips per day vs. 150,000+ in Pembroke Pines). The question of market support for retail will be further addressed in the economic profile report and will illustrate the opportunity to strengthen retail offerings at the Miramar Town Center through a sustained retail recruitment process.

2. Respect Market Realities: Successful mixed-use is achieved through sustained tenant recruitment strategies and space programming/management.

The City and Rock-Kim undertook an ambitious conceptual plan in 2005. Following the economic downturn, both parties were faced with very difficult decisions to meet the financial impacts of the recession. The specific changes to the Miramar Town Center Conceptual Plan included converting the proposed for-sale residential component to for-rent apartments and townhouses, as well as adjusting office/retail tenant expectations.

The City should explore soliciting design input from Torti Gallas (the Town Center’s Conceptual Plan architects and urban designers) to revisit market conditions today and the alternatives for 1) ground floor retail or other activated space in the Police Headquarters building and 2) development alternatives for Block 2 (e.g., density, use mix, ground floor retail format, connectivity to expanded public plaza space on Main Street). It is also important to revisit the parking strategy for Block 2, especially if the feasibility of increased density is to be tested. Given that the use-mix and distribution of parking throughout the Town Center has shifted since the initial Conceptual Plan was created, future uses may require regulation of street spaces to provide priority use for certain retailers. This regulation could impact operations at the Cultural Arts Center’s events which could indicate the need for a comprehensively planned valet function for the entire complex. Other design elements that should be further tested include:

Critical need for left turn signal on Red Road

Opportunity for larger users/anchors in deeper spaces at corners

Focus on maximizing opportunity for sight lines from Red Road to enable customers to immediately identify opportunity for parking from Red Road

Evaluate sufficiency of retail space depths (minimum of 60 feet to optimum depth of 80 feet if feasibility)

Design for food truck strategy including outlets and garbage collection if desired (highly recommended)

Evaluate feasibility of expanding civic plaza space for programming and enhanced wayfinding (i.e., in front of Cultural Arts building as a gateway to the Town Center)

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This process will allow for a comprehensive assessment of current market conditions and the potential consequences of a range of tenanting strategies. This would also provide a mechanism for initiating a dialogue with the property’s original owners (Sunbeam) related to property covenants that have carried forward and appear to limit potential viable retail tenanting solutions. Finally, this process would also open the door to establish a stronger partnership needed to sustain high quality maintenance and management of a complex multi-owner, multi-user Town Center complex.

3. Share Risk/Reward: Explore opportunities to enhance the public-private partnership.

Town Center projects are among the most complicated real estate projects and must be profitable for both public and private sectors to ensure a true partnership and collaboration. The City invested in the initial/upfront construction of significant public realm enhancements while the developer has assumed the majority of financial risks. Due to market and economic conditions, Rock-Kim has reportedly experienced significant financial losses and is not expected to initiate/complete with the construction of Block 2 within the timeframe required by the Development Agreement with the City. Rock-Kim is currently in technical default and will be required 1) sell the property back to the City of Miramar at a loss or 2) renegotiate the Development Agreement. This is both challenge and an opportunity for the City of Miramar to respond to evolving market conditions and reevaluate the conditions required to successfully complete the development of Block 2 within a reasonable timeframe.

4. Plan for Development and Financial Complexity: Short-term occupancy/absorption decision drivers will have long-term and potentially unintended consequences.

This principle was fully addressed in the evaluation of successful town center retail operating requirements. In summary, deviations from the Conceptual Plan that result in non-public/closed uses on Block 3’s ground floor will permanently eliminate double-sided retail on the City Hall Promenade and will negatively impact the ability of Block 2 to attract retailers. In planning for development and financial capacity, it is important for both public and private partners to remain nimbly

flexible – open to reevaluation of development strategy and funding alternatives. It is recommended that the City reconvene with Rock-Kim to evaluate modifications to Block 2’s covenants, entitlements, development strategy and potential funding sources.

5. Integrate Multiple Uses: Placemaking programming efforts further serve to create and identify a sense of place in the town center’s public spaces.

The vision plan has delivered civic, residential, office, and retail. However, successful town centers are defined by animation of double-sided retail streets to activate space. Examples include providing movable tables chairs to encourage public gathering, planned small community events (yoga, book readings, street musician performances, farmer’s markets, maker space demonstration project centers, pop-up food and other events, and more).

6. Balance Flexibility with a Long-Term Vision: Identify an alternative location for the City of Miramar’s Police Headquarters Property and Evidence to ensure Block 3 maintains an activated public use.

Given economic conditions, where the project currently stands should be considered generally successful and it is entirely appropriate to allow for more time to realize the Conceptual Plan’s vision. The project should not be compared to the typical suburban commercial development that would have a development timetable more in the range of two to four years. Projects of this size and scope are expected to take 10 to 15 years to achieve optimal buildout and absorption. One local example of the time required for a large scale town center to achieve stabilized operations is the City Place Doral located at 8300 Doral Boulevard (approximately 15 miles or 25 minutes from Miramar). Two residential buildings have been under planned and under construction for several years while the retail phase was on hold. The project recently secured $136.9 million in construction funding for the first phase of the “Boutique Main Street” in June 2015. The project is under construction and will feature 304 apartments and 250,000 square feet of lifestyle retail, which is reportedly more than 60 percent

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pre-leased with tenants such as Fresh Market, Cinebistro Theater and Kings bowling alley.3

Another important example is a nearby competitor to City Place Doral. The Shops of Downtown Doral located on NW 87th Street at Doral Boulevard planned to offer 180,000 square feet of retail space.4 While flexibility needs to be considered, it is not recommended that the City suddenly change direction to achieve short-term objectives at the detrimental expense to the Town Center’s long-term viability. This is especially critical considering these competitive projects expected to come online within the next 12 to 24 months. The Miramar Town Center must maintain its buildout momentum and focus on near-term retail recruitment efforts. If the project loses the functionality of a vibrant, walkable urban center through the transition of Block 2’s ground floor retail space, the Town Center will face an increasingly competitive retail marketplace within a one-hour drive time.

The need for fiscal sustainability should be expanded to include the long-term financial viability of the Town Center as a whole. Vacant retail and office uses resulting from the Town Center’s potential physical and operational deficiencies would diminish the future tax generating capacity of the project.

7. Capture the Benefits that Density Offers: Revisit the real estate economics of Block 2 to determine if enhanced entitlements (i.e., office density) will achieve financial feasibility for the Developer.

While the densities achieved on Blocks constructed to date are appropriate with the scale and function of the Town Center, there is an opportunity to maximize density on Block 2 with a five to six-story mixed use development. A range of potential uses currently under consideration in the EDAP include office, residential and hotel. The City of Miramar should reevaluate the proposed development program and existing covenants and entitlements for Block 2 to explore the feasibility of increasing density, optimizing the parking layout to maximize the financial feasibility of the development while also ensuring that barriers to retail recruitment are mitigated.

                                                            3 http://www.bizjournals.com/southflorida/news/2015/07/06/related‐group‐and‐shoma‐land‐137m‐construction.html 

8. Connect to the Community: Continue to leverage the City’s public realm assets to drive traffic to the Town Center.

Connectivity and compatible uses are critical to achieve an authentic Town Center experience. The proposal to convert the Police Headquarters ground floor to a non-public/activated use will limit the Town Center’s functionality as a community gathering and retail destination. This shift in use mix will also further limit existing retailers to achieve much needed critical mass of retail activity and foot traffic drivers.

The City should continue to cultivate an enhanced programming function to leverage the community’s arts and diversity of cultures. The EDAP is in the process of better understanding the Cultural Arts Center’s proposed five-year business strategic business plan to leverage opportunities for interim activating uses at the site.

There are several concepts under evaluation that will be discussed at the next Cultural Center Arts Park Advisory Board on Tuesday Jan 26th at 5:30 PM (programs for youth, seniors, food trucks, children’s museum, film festivals, etc.). When incorporated into a comprehensive Town Center program operations and management function will have a substantial impact on the identity of the Town Center, its sense of place, and capacity to draw increased visitor traffic. The EDAP will explore a range of management structures to achieve this function within the Town Center area (i.e., public/private space management function via the Cultural Arts Center).

9. Invest for Sustainability: Adaptability and good economic performance (i.e., healthy functioning retail) are critical to the long-term sustainability of the Miramar Town Center.

Synergies and adjacencies of uses are important characteristics needed to drive retail traffic to the Miramar Town Center. The City of Miramar’s decisions regarding Block 2 and Block 3 will directly impact the capacity of the Town Center to deliver the physical and functional operating requirements of retailers. Adhering to the original Town Center Conceptual Plan will ultimately serve to leverage the City’s

4 http://www.miaminewtimes.com/restaurants/dozens‐of‐restaurants‐lined‐up‐in‐battle‐for‐doral‐7615495 

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significant investment to date in the Town Center infrastructure and public realm improvements.

10. Commit to Intensive On-Site Management and Programming

Typically, it is the role of the Master Developer -to maximize a Town Center’s place-making potential through focused retail recruitment/retention and placemaking programming. This is an aspect of current conditions that requires action. The Town Center does not have a comprehensive space programming and management function. Given that each development Block is at different stages of construction/tenanting and ownership/management, it is difficult to effectively execute a sustained retail recruitment strategy and placemaking programming. The EDAP will offer suggestions regarding the types of events and efforts that have been successful in the best town centers nationally to ensure that short-, mid, and long-term management tactics are in place to guide the Town Center’s operations as a whole during remaining construction and tenanting.

Next Steps The EDAP effort underway is tasked with preparing an economic profile to analyze market conditions and make recommendations to strengthen the retail, civic and cultural uses in the Town Center. Based on site visits and research conducted to date, Willdan has determined that due to the current status of construction and tenant lease up of ground floor retail, the entire Town Center development strategy should be revisited as a whole.

The following recommendations are provided to ensure the successful development of the Miramar Town Center’s retail uses:

Revisit Block 2 covenants, entitlements, opportunity for enhanced public support and overall development strategy to ensure the site is developed according to the Conceptual Plan. Note that while it is important for the City serve as a good public steward of the City’s investment, it is not recommended that the City of Miramar take ownership of the functional objectives of the Conceptual Plan related to retail and other private uses due to the complexity, necessary expertise, highly competitive marketplace and associated risk factors. The City

would be better served by either entering into further negotiations with the current developer to recalibrate the development strategy or, should it decide to repurchase the Block 2 property, undergo a subsequent competitive bid process and select an alternate master developer that has the requisite expertise and financial wherewithal to complete the vision.

Identify an alternative location for the City of Miramar Police Department’s Property and Evidence function to ensure that the Block 3’s ground floor achieves an activated use (interim civic use, small format private professional office or retail).

Lobby FDOT to secure funding/approvals to construct a left hand turn lane on Red Road.

Engage Rock-Kim’s leasing agent to collaborate on the implementation of a sustained retail recruitment strategy (i.e., leveraging the EDAP’s Economic Profile Report statistics through marketing, regularly attending regional and national ICSC events, others to be determined).

Leverage the EDAP process to identify a range of Town Center programming/management operation models for placemaking, wayfinding, marketing/branding, and fundraising through case studies and national best practices for consideration by staff and elected officials.

 

OFFICE OF THE CITY CLERKCITY OF MIRAMAR

2300 CIVIC CENTER PLACEMIRAMAR, FL 33025

REQUEST FORPROPOSALS

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CITY OF MIRAMAR