PRE-SUBMISSION CONFERENCE MEETING AND SITE VISIT CITY OF MIAMI. City of Miami Miami Riverside Center 236 S.W. North River Drive Miami, Florida 33130

Transcription

1 Page 1 PRE-SUBMISSION CONFERENCE MEETING AND SITE VISIT CITY OF MIAMI June 30th, :00 a.m. City of Miami Miami Riverside Center 236 S.W. North River Drive Miami, Florida CITY OF MIAMI DEPARTMENT PRESENT: HANS MAICHEL, Real Estate Manager JACQUELINE LORENZO, Property Management Specialist LUCIANA GONZALEZ, Assistant Director of Planning and Zoning ASSISTANT CITY ATTORNEY PRESENT: PABLO VELEZ, ESQ.

2 Page 2 1 MR. MAICHEL: We're going to start the 2 meeting. If you want to have a seat, please. 3 MS. LORENZO: Good morning. Welcome to 4 the pre-submission conference for the North 5 River property requests for proposals RFP 6 number Following this conference we will be 8 conducting a site visit of the property. If 9 you have not already signed in, please do so. 10 My name is Jacqueline Lorenzo. I am the 11 Property Management Specialist for the 12 Department of Real Estate and Asset Management. 13 I'll allow the panel members to introduce 14 themselves. 15 MR. MAICHEL: Good morning, everyone. My 16 name is Hans Maichel. I'm the Real Estate 17 Manager with City of Miami. 18 MS. GONZALEZ: I'm Luciana Gonzalez, 19 Assistant Director of Planning and Zoning. 20 MR. VELEZ: Pablo Velez, Assistant City 21 Attorney. 22 MS. LORENZO: As you all may already know 23 once an RFP is distributed to the public we 24 fall under a cone of silence which prevents us 25 from answering questions unless provided by way

3 Page 3 1 of addendum to the RFP. For the purposes of 2 conducting this meeting we will be temporarily 3 lifting the cone of silence. So the cone of 4 silence is hereby lifted in accordance with the 5 City of Miami Code of Ordinance Section and shall be reinstated at the conclusion of 7 this meeting. 8 We are here today to answer questions you 9 may have concerning RFP number which 10 is for the development and lease of a property 11 located at 236 and 298 Southwest North River 12 Drive. The property is approximately 31, square feet, zoned as D3 waterfront industrial 14 district. Currently used by the Garcia 15 Brothers under a revocable license agreement. 16 The property is offered as is where is with no 17 express or implied warranties. The successful 18 proposer will be offered a term of 30 years 19 with two 10 years options to renew for a total 20 of 50 years. 21 In order to participate and provide a 22 response the proposer must register and pay a 23 non-refundable fee of $150. We will do our 24 best to address your questions. If there are 25 any questions that cannot be answered here, we

4 Page 4 1 will provide them by way of addendum. 2 Please keep in mind that all questions and 3 answers are being recorded by a court reporter. 4 As such we kindly ask that all questions and/or 5 statements be spoken clearly and loud enough to 6 be heard and understood by the court reporter. 7 Please also state your name for the record 8 before you ask a question. 9 Would any of the City's staff like to make 10 any comments? 11 MS. GONZALEZ: Not at this time. 12 MS. LORENZO: Seeing none. I open the 13 floor to questions. 14 MR. LAGO: Does the RFP contemplate a 15 development agreement? Carlos Lago with 16 Greenberg Traurig, 333 Southeast 2nd Avenue. 17 MS. LORENZO: Yes. 18 MR. LAGO: Between the City and MS. LORENZO: Well, it's a lease and a 20 development agreement so they would -- whoever 21 the selected proposer would be, would have to 22 develop whatever it is that they're proposing 23 and then enter into the lease. 24 MR. LAGO: And negotiate a development 25 agreement with the City.

5 Page 5 1 MS. LORENZO: Right. 2 MR. MANTECON: Alex Mantecon with MV Real 3 Estate. Can you walk us through the security 4 deposits that are required, I believe, it's 5 $100,000 initial. Then a 10 percent due 6 upon percent construction cost due upon 7 the bid being awarded, I believe. And then how 8 does that 10 percent -- does that 10 percent 9 deposit exist for the remainder of the lease 10 term or does that get refunded back at some 11 point once construction gets completed? 12 MS. LORENZO: Once construction begins 13 that 10 percent can be used by the proposer 14 towards the project. So then that could be 15 used for the development. 16 MR. MANTECON: So the remaining security 17 deposit would basically be whatever the base 18 rent is for one year that's what would remain? 19 MS. LORENZO: That's the security deposit. 20 Yeah, that remains there. The Earnest Money 21 deposit, it's a separate amount that it starts 22 off at $100,000 and then will change to percent of whatever the development cost will 24 be. 25 MR. MANTECON: The $100,000 and the

6 Page 6 1 development cost that would get refunded upon 2 once it starts construction? 3 MS. LORENZO: Right. That can be used 4 towards the construction. 5 MR. MAICHEL: Just for clarification I 6 think that you're talking about the earnest 7 money deposit instead of the security deposit. 8 MR. MANTECON: That's correct. 9 MR. MAICHEL: The earnest money deposit 10 will be the 10 percent. However, the security 11 deposit is 100 percent of the proposer's MR. MANTECON: The security deposit is due 13 as well upon the signing of the lease? 14 MR. MAICHEL: Correct. 15 MR. MANTECON: The full amount. The 16 $100,000 original that you submit, that does 17 not count towards the security deposit? 18 MS. LORENZO: No, that will count towards 19 that 10 percent of the earnest money. 20 MR. MANTECON: Towards the earnest money? 21 Okay. 22 MS. LORENZO: Right, exactly. 23 MR. MANTECON: Also, you guys -- inside 24 the RFP you mentioned 22 copies; is that a 25 typo?

7 Page 7 1 MS. LORENZO: No. Well, we need 22 copies 2 of the proposals because we need to distribute 3 them to the commissioners, to the review 4 committee's and, you know, all the staff that 5 needs to review, so 22 is to cover everyone. 6 MR. MAICHEL: It will be distributed once 7 the cone of silence has been lifted. 8 MR. MANTECON: Has the review committee 9 been selected yet? 10 MS. LORENZO: No. 11 MR. MAICHEL: Not yet. 12 MR. VELEZ: If I may just add one point. 13 This is Pablo Velez again, Assistant City 14 attorney. With respect to the evaluation 15 committee and it being selected or not they 16 also fall under that cone of silence. 17 MR. MANTECON: Of course. 18 MR. VELEZ: They fall under that same cone 19 of silence just for clarification. 20 MR. LAGO: We understand. Our question 21 was more for procedural, where we were on the 22 procedural sight. Carlos Labo again with 23 Greenberg Traurig. Questions following today's 24 pre-conference meeting, should they be directed 25 to the City Attorney or the clerk with a copy

8 Page 8 1 to the City Attorney. Should I direct to you, 2 Jackie? 3 MS. LORENZO: Yes, they can be directed to 4 me. All my information is on the RFP and any 5 addendums will be issued within 15 days. 6 Within 15 days of the question, we'll have an 7 answer for you posted on the website. If you 8 guys register, then we'll also be able to send 9 you a copy by mail. 10 MR. BAKOS: Register by signing in? 11 MS. LORENZO: Register officially to the 12 RFP. 13 MR. BAKOS: Scott B-A-K-O-S. 14 MS. LORENZO: If you register to the RFP 15 which includes the $150 deposit, the 16 non-refundable $150 deposit, then we'll be able 17 to send it to you by mail. We'll also include 18 you guys in the address. 19 MR. MANTECON: Is the lease term 20 negotiable to a longer period as part of our 21 submission? Can we submit something with a 22 longer lease term if desired or it has to be 23 what is designated in the draft form of the 24 lease agreement, the lease agreement that you 25 guys have provided?

9 Page 9 1 MS. LORENZO: I believe we're constricted 2 by the terms of the RFP, so that's the maximum 3 term that we can allow. We might have -- I 4 don't know we might have some flexibility with 5 the full initial term versus extensions. I'm 6 not sure. 7 MR. VELEZ: Yeah. What is the lease term 8 or the term, the length of time that the 9 contract is in effect for that's not something 10 that's really open for negotiation because that 11 totally goes to the heart of the RFP and 12 whatever prices the proposer might submit. If 13 it's, you know, a 30 year lease versus a year old lease, you know, the incentives and 15 the entices are quite different as I'm sure 16 you're well aware. So consequently, the term 17 is not really open to negotiations. 18 MR. MANTECON: So I guess the terms are 19 basically what's dictated in the lease 20 agreement, the way the language reads in the 21 lease agreement? 22 MS. LORENZO: Right. It's in the RFP. If 23 there's any inconsistencies between the draft 24 lease and the RFP, the RFP governs for now 25 until the lease is executed. The RFP states

10 Page 10 1 that its 30 years initial term with two 10 year 2 renewals. 3 MR. MANTECON: Can you walk me the 4 renewals? How that would work? 5 MS. LORENZO: Yeah. I believe -- I mean, 6 I defer to the language in the lease in case 7 there's a conflict or in the RFP. I believe 8 that its at the discretion of both the City and 9 the selected proposer so it has to be approved 10 by both. 11 MR. VELEZ: Right. Pablo Velez, Assistant 12 City Attorney. As its often time standard with 13 most of the procurements of the City the 14 options to renew they're exercised upon good 15 and faithful performance on the part of the 16 vendor and its their -- in that respect. 17 Usually, it's the user department that will 18 determine whether or not there have been any 19 issues, the performance, whether there's 20 something that might present an issue or not. 21 Depending on the use of the department, 22 depending on the evaluation of that vendor and 23 their performance that's when that option to 24 renew gets exercised. 25 MS. LORENZO: There's a specific timeframe

11 Page 11 1 that you have to send a notice for that choice. 2 You have to be able to -- 3 MR. MANTECON: No, I understand that. 4 It's just -- I would think just some level of 5 comfort when you're going to invest millions of 6 dollars into a site that, I mean, 30 years is 7 not really in the grand scheme of things in 8 real estate. You know, you don't make your 9 investment back until a quite a bit down the 10 road. To have some level of, you know, what I 11 mean -- I need to know that if we bid on this 12 and supposing we're a successful bidder, that 13 at some point, you know, if I'm paying my rent 14 on time, maintaining the property, you know, in 15 good conditions, doing everything by the book, 16 there needs to be some level of guarantee to 17 say that you will get your options to be able 18 to renew for another 20 years or so. 19 MR. VELEZ: That's entirely 20 understandable. My recommendation would be 21 that you submit that question, that issue in 22 writing via . And then what will happen 23 is that will be further addressed by the 24 department in terms of the administration and 25 then ultimately a formal response will be

12 Page 12 1 provided via an addendum and that will be to 2 the benefit of others. That's not something 3 that -- I mean, I understand where you're 4 coming from entirely. You're making a serious 5 and hefty investment and you want to makes sure 6 you have ample opportunity for a return in that 7 investment. That's totally understandable. 8 It's not an uncommon situation or an uncommon 9 question. 10 Consequently, with all the more reason I 11 would seriously recommend you post the question 12 via an addendum or via and then we'll 13 address it with an addendum with a formal 14 response inclusive of what information the 15 administration will have to provide. 16 MR. MANTECON: Okay, fair enough. When 17 you say what takes priority RFP versus the 18 lease the problem I'm have with it is that the 19 RFP basically is half a sentence in terms of a 20 full lease options which, you know, in the 21 normal circumstances a lease option is, you 22 know, there's a lot of detail that goes into 23 it. When I look at the lease I'm okay, I'm 24 pretty much okay with language on the lease 25 itself that you guys have provided. It's just

13 Page 13 1 that when I read the RFP itself it's, you know. 2 MS. LORENZO: Well, the lease is what 3 we're going to start with negotiations, so from 4 there unless it's specifically mentioned in the 5 RFP we can negotiate and discuss, you know, 6 items. 7 MR. MANTECON: Okay. 8 MR. BAKOS: Scott Bakos, with B & A, South Bayshore Road. Does the City have any 10 prior plans east or south of the property with 11 regard to any additional Riverwalk improvement 12 that's in the works or that they're planning to 13 do? 14 MS. GONZALEZ: I can answer that. Luciana 15 Gonzalez, Planning and Zoning. 16 MR. BAKOS: It's really hard to hear you 17 with the background noise, I'm sorry. 18 MS. GONZALEZ: I'll try to speak louder. 19 So there is currently a development in the 20 entitlement process which is the Miami River 21 Special Area Plan and part of that agreement 22 includes Riverwalk and Jose Marti Park 23 improvements along as part of the public 24 benefits program. That's something that hasn't 25 been approved yet and it requires the City

14 Page 14 1 commission approval. It's currently in the 2 process. However, there are some improvements 3 to be made both to the park and to the 4 Riverwalk and to the sea wall. 5 MR. BAKOS: So that's across the river. 6 How about on this side? 7 MS. GONZALEZ: I'm not aware of any, but 8 that's a question to be asked to capital 9 improvements. 10 MR. BAKOS: Do you want me to then send 11 that in a form of an so you can forward? 12 MS. GONZALEZ: Yes. 13 MR. VELEZ: I would recommend that. 14 MR. BAKOS: Because there's some language 15 in the Riverwalk guidelines that are a little 16 obscure when it comes to non-rectangular sites. 17 This site is more of a trapezoid so I was just 18 curios if anything possibly planned or 19 previously planned with regards to how -- I 20 would imagine the City would ultimately want to 21 tie everything up so that there's a continual 22 connection. I'll forward that in a form of a 23 question. To you? 24 MS. LORENZO: Yes, to me. 25 MS. GONZALEZ: Part of the Miami 21 zoning

15 Page 15 1 requirements for waterfront properties which it 2 would be included, there will be a Riverwalk 3 component and -- 4 MR. BAKOS: Right. 5 MS. GONZALEZ: -- that the water treated 6 as a primary set back -- frontage -- a primary 7 frontage, excuse me. So therefore there would 8 be a Riverwalk component included, that would 9 need to be included as part of that. 10 MR. BAKOS: Thank you. 11 MR. MANTECON: This is Alex again. From a 12 public benefit standpoint, are you guys looking 13 at any -- is there anything in particular that 14 you guys are -- I mean, the City can say this 15 is something that's really needed in the area 16 or that, you know, should be enhanced? Can you 17 recommend? 18 MS. LORENZO: I'm sorry. Go ahead. 19 MS. GONZALEZ: I would say the public 20 Riverwalk that's accessible to the public. 21 It's something that the City strives for. 22 There may be others that we can think of, but 23 that's the primary one. Given the site is not 24 as large as some other sites that we see, but 25 the Riverwalk amenities first and foremost.

16 Page 16 1 MS. LORENZO: Ultimately, it would be up 2 to the proposers to make that part of their 3 submissions and they will be able to argue that 4 this would be a benefit. Then the selection 5 committee would be able to make that 6 determination. 7 MR. LAGO: Carlos Lago with Greenberg 8 Traurig again. Question: This is really for 9 City Attorney's Office. A site plan that 10 considers a grander scheme site plan, a bigger, 11 you know, incorporated by adjacent properties, 12 would that be considered in any way out of the 13 confines of the RFP? 14 MR. VELEZ: I would have to look into 15 that. I wouldn't be able to reply to that. 16 MR. LAGO: I mean, I don't see why not, 17 but is that something that you want us to put 18 in writing? 19 MR. VELEZ: Yes. And that way I can 20 properly answer that. I wouldn't have an 21 answer to that right now, right off the top of 22 my head. Obviously, the fact the there should 23 even be the idea of the Riverwalk and what have 24 you it points to there being some kind of 25 overall site plan or vision in mind, but

17 Page 17 1 whether or not that is, in fact, the case or 2 how much more involved beyond that it may be, I 3 couldn't give you that information right now. 4 MS. LORENZO: What I'd also like to add is 5 that RFP is written so that as long as it is in 6 compliance with all the rules and zoning and 7 all that stuff, whatever you wanted to put on 8 there is up to you. And it's going to be part 9 of, you know, as long as it's compliant with 10 all the terms of the RFP, that's going to be 11 proposed to us and the review committee is 12 going to have to evaluate that. It's not like we don't have a specific purpose for the 14 site. 15 MR. VELEZ: Yes. In other words, you're 16 not restricted in the proposal you submit. If 17 there is certain ideas that you have in mind 18 for the property and some of which may very 19 well be a public benefit, then we encourage 20 that you reflect that in your proposal 21 submittings. Nevertheless, if you have 22 specific questions regarding some overall site 23 plan for the area by all means submit that in 24 an and we'll address it. 25 MR. MANTECON: I have two questions. In

18 Page 18 1 regards to the parking there's a big, you know, 2 from conversations with Miami River Commission 3 or like just in general the atmosphere is where 4 the City doesn't really want on-site parking on 5 the water and I think that's kind of logical 6 for obvious reasons. What are the parking 7 requirements that you guys will be enforcing in 8 regards to that? I mean, does the RFP have to 9 approve, you know, full parking on-site? I 10 mean, can we -- a valet service? What is 11 the -- what are you guys MS. GONZALEZ: The zoning code allows for 13 different options for parking, outside parking 14 or through a lease agreement or parking 15 reduction if it's close to transit oriented. I 16 would have to check in this particular case to 17 see if it's within a TOD, it may not be through 18 a waiver. Now, I think it's a good time to 19 bring up the zoning aspects and the future land 20 use aspects of this property just for 21 everyone's knowledge. The properties are 22 identified in future landings map as 23 industrial. They are also identified as 24 Category 8 of the Port of Miami River 25 Sub-element that the company has to plant.

19 Page 19 1 Part of that as being identified as Category 8 2 any type of redevelopment that's not 3 industrial, would have to prove that it's not 4 economically feasible based on a market and 5 site analysis. That's an accepted methodology 6 that has been peer reviewed. We haven't had 7 that many cases with the City since the 8 agreement with the State and with the Miami 9 River Commission and the River industry as far 10 as any of the Category 8 being converted to 11 other types of uses, but that's certainly an 12 option that can be looked at. But you should 13 as part of your due diligence look into the 14 comprehensive plan and the Category 8 and the 15 requirements that are needed. It's also within 16 a high probability archeological zone which 17 will require monitoring by an archeologist for 18 any development that goes -- that's ground 19 disturbing activities. And it does also 20 include the Miami River Greenway Design 21 standards sos any design or any proposal for a 22 building or for a structure would have to 23 follow the Greenway Design and Standards. 24 MR. MANTECON: Let me ask you: In the 25 event that we find a burial ground or another

20 Page 20 1 circle or a oval or whatever we find there, 2 what happens with the -- let's say the site is 3 now non-buildable because of it, what ends up 4 happening to the proposal? 5 MS. GONZALEZ: That's something that we 6 would have to deal with as we go along. Just 7 like it was done with Med Square in Downtown. 8 There were agreements made. There are certain 9 requirements that the State requires for us to 10 do. I'm not sure if there's anything in the 11 language here that would allow for an exit. 12 MR. MAICHEL: That would have to be 13 considered and viewed in the moment that we 14 find out the situation. The City will have to 15 determine whether to continue with the RFP 16 process or cancel it until the MR. MANTECON: I just don't want to be on 18 the hook for 200,000 for a park. 19 MS. ESCARRA: I have a question. 20 COURT REPORTER: I'm sorry. I need your 21 name, please. 22 MS. ESCARRA: Iris E-S-C-A-R-R-A. In the 23 event that the feasibility study, that economic 24 feasibility study that's done and it 25 requires -- and it comes out that it's positive

21 Page 21 1 that it could warrant a -- with the City and 2 the bidder at that point jointly applied for 3 the application to -- 4 MS. GONZALEZ: The comprehensive plan 5 allows the City to adopt a future land use 6 amendment so I think it would be something that 7 the City would be amendable to working with the 8 applicant. I should add that it's only through 9 a large scale amendment. 10 MR. LAGO: Even if it's less -- account? 11 MS. GONZALEZ: Yes. It's in the 12 comprehensive plan that it's only through the 13 process of a large scale amendment. 14 MS. ESCARRA: I had a question. On the 15 first amendment to the bid documents that I 16 received some of the dates were changed and 17 they were crossed off. Like for example, one 18 of the things that was anticipated was in March 19 referendums and I wanted to know if there was a 20 reason to change the dates. 21 MS. LORENZO: Yeah. Well, we amended the 22 RFP so that the selected proposer has a little 23 bit of flexibility for the referendum date. 24 This way the City and the selected proposer 25 would negotiate the date that they would want.

22 Page 22 1 They wouldn't be limited to having to do in 2 this timeframe. 3 MR. LAGO: The cost of benefits would be 4 in March, right? Would it be joined with other 5 questions? 6 MS. LORENZO: Right, yeah. Well, if 7 you're piggy backing off of another election, 8 then it's going to be less expensive. If the 9 selected proposer decided to do a special 10 election specifically for this purpose, then it 11 would estimated about a million, but there's 12 also other elections that can be piggy backed. 13 MR. MANTECON: There's no parcel on the there's another parcel that's on the -- by the 15 First Street Bridge that's not part of this 16 RFP. Is there any intention to issue another 17 RFP for that? 18 MR. MAICHEL: Are you talking about One 19 Southwest South River Drive? 20 MR. MANTECON: No, North River Drive. 21 MR. MAICHEL: On this side of the river? 22 MR. MANTECON: Yeah, so it would be MR. MAICHEL: No, there's no plan for an 24 RFP in the near future. 25 MS. ESCARRA: So after this weekend it's

23 Page 23 1 anticipated that there will be a lease, a 2 development agreement and a referendum? 3 MS. LORENZO: Correct. 4 MS. ESCARRA: The big three? 5 MS. LORENZO: Now, the lease and 6 development agreement are going to have to be 7 approved by referendum so that has to be agreed 8 to prior. 9 MS. ESCARRA: Well, the development 10 agreement, I think, only requires the 11 commission, but the lease does for sure. 12 MS. LORENZO: The lease. 13 MS. ESCARRA: The lease status will be 14 referendum for sure. A development agreement 15 will only MS. LORENZO: I mean, I would have to 17 verify that, but MS. ESCARRA: That works. 19 MS. LORENZO: Are there no more questions? 20 MR. MANTECON: The changes to the addendum 21 that were made, were made because of questions 22 that was raised or you guys just made them? 23 MS. LORENZO: That was an internal 24 decision. When there are questions, they will 25 be included as questions and answers so that

24 Page 24 1 would be specifically stated. 2 MR. VELEZ: There's a deadline for the 3 questions, right? 4 MS. LORENZO: Yes, the question deadline 5 for this RFP is August 28th, If there 6 are no more questions, then this will conclude 7 the pre-conference portion of this public 8 meeting and we will move forward to the site 9 visit. 10 (Thereupon there was a brief 11 recess and the pre-conference 12 meeting continued as follows:) 13 MR. MANTECON: So under Miami 21 the 14 minimum frontage to develop of a lot in D3 is feet. The frontage on this lot is 54 feet, 16 I believe. How does that impact the ability of 17 this land and can you still build on it 18 considering that you only have 54 feet of 19 frontage and it doesn't meet the requirements 20 of Miami 21? 21 MS. LORENZO: I mean, Luciana left so I 22 can't answer that question right now, but again 23 submit it in writing and we'll be able to 24 address that. 25 MR. BAKOS: Well, Alex, the one thing that

25 Page 25 1 she say which I thought it was interesting is 2 they are going to deem the waterfront as a 3 frontage as well. They are going to deem that 4 property, that site of the property as a 5 frontage, as a primary frontage. 6 MR. MANTECON: A primary? 7 MR. BAKOS: That's what I thought she 8 said. We'll confirm it in writing, but I 9 thought my notes said that along the river. 10 MS. LORENZO: Also, this whole transcript 11 will be posted online so you guys will be able 12 to come back and verify anything that we said. 13 COURT REPORTER: I'm sorry. Your name? 14 MR. GARCIA: My name is Luis Garcia with 15 Garcia Brothers and Garcia Seafood. Is it any 16 interest to the City to have -- RFP operate an 17 efficient business? 18 MR. MAICHEL: The way the RFP is written 19 allows for any ideas, you know, we don't have a 20 specific project in mind. So that might be 21 considered on one of the proposals. 22 MR. GARCIA: I don't have any other 23 questions. 24 MR. MANTECON: I don't have any other 25 questions.

26 Page 26 1 MS. LORENZO: I just wanted to further 2 address that question by saying that. 3 MR. GARCIA: I think I read it somewhere. 4 MS. LORENZO: I just wanted to point out 5 that the section talks about what the review 6 committee will consider. The enhanced 7 continuity of the Miami River Walkway, and 8 where it deals with and a design, it includes 9 maximization of marine activities, so that 10 would be some things we would consider. 11 MR. BAKOS: If that falls within the Category 8 where its an industrial -- maritime 13 industrial, it's marine related which MS. LORENZO: Exactly. I believe and I 15 will have to verify this, but the zoning code 16 that is D3 has an ability by right to use 17 marine MR. BAKOS: Yes, correct. 19 MR. MAICHEL: It's the only one by right. 20 MS. LORENZO: Right, exactly. 21 MR. BAKOS: Luis, do you need to look at 22 the property any more? 23 MR. GARCIA: No, no. I was born here. 24 You guys don't believe me, but I swear to you 25 when I was in fifth grade -- no, less. If you

27 Page 27 1 have to go to work with your dad, whatever that 2 grade is fifth grade, fourth grade, third 3 grade, I would have to come here. So trust me 4 it's been more than 40 years, 36 years so I 5 don't need to see this place any more. 6 MS. LORENZO: For the record, the cone of 7 silence is now put back into place and we will 8 be subject to that provision (Whereupon, the meeting was 11 concluded at 11:24 a.m.)

28 Page 28 1 TRANSCRIPT CERTIFICATE STATE OF FLORIDA ) 5 COUNTY OF MIAMI-DADE ) 6 7 I, ONEIDA DEL TORO, Reporter, certify that 8 I was authorized to and did digitally 9 report the foregoing proceedings and that the 10 transcript is a true and complete record of my 11 digital notes DATED this 15th day of July, ONEIDA DEL TORO, REPORTER 17 Notary Public - State of Florida 18 Commission No.: EE Expires: February 22,

29 Page 29 A a.m 1:5 27:11 ability 24:16 26:16 able 8:8,16 11:2,17 16:3,5,15 24:23 25:11 accepted 19:5 accessible 15:20 account 21:10 activities 19:19 26:9 add 7:12 17:4 21:8 addendum 3:1 4:1 12:1,12,13 23:20 addendums 8:5 additional 13:11 address 3:24 8:18 12:13 17:24 24:24 26:2 addressed 11:23 adjacent 16:11 administration 11:24 12:15 adopt 21:5 agreed 23:7 agreement 3:15 4:15,20,25 8:24 8:24 9:20,21 13:21 18:14 19:8 23:2,6,10,14 agreements 20:8 ahead 15:18 Alex 5:2 15:11 24:25 allow 2:13 9:3 20:11 allows 18:12 21:5 25:19 amendable 21:7 amended 21:21 amendment 21:6,9 21:13,15 amenities 15:25 amount 5:21 6:15 ample 12:6 analysis 19:5 and/or 4:4 answer 3:8 8:7 13:14 16:20,21 24:22 answered 3:25 answering 2:25 answers 4:3 23:25 anticipated 21:18 23:1 applicant 21:8 application 21:3 applied 21:2 approval 14:1 approve 18:9 approved 10:9 13:25 23:7 approximately 3:12 archeological 19:16 archeologist 19:17 area 13:21 15:15 17:23 argue 16:3 asked 14:8 aspects 18:19,20 Asset 2:12 Assistant 1:16,19 2:19,20 7:13 10:11 atmosphere 18:3 attorney 1:19 2:21 7:14,25 8:1 10:12 Attorney's 16:9 August 24:5 authorized 28:8 Avenue 4:16 awarded 5:7 aware 9:16 14:7 B B 13:8 B-A-K-O-S 8:13 back 5:10 11:9 15:6 25:12 27:7 backed 22:12 background 13:17 backing 22:7 Bakos 8:10,13 13:8 13:8,16 14:5,10 14:14 15:4,10 24:25 25:7 26:11 26:18,21 base 5:17 based 19:4 basically 5:17 9:19 12:19 Bayshore 13:9 begins 5:12 believe 5:4,7 9:1 10:5,7 24:16 26:14,24 benefit 12:2 15:12 16:4 17:19 benefits 13:24 22:3 best 3:24 beyond 17:2 bid 5:7 11:11 21:15 bidder 11:12 21:2 big 18:1 23:4 bigger 16:10 bit 11:9 21:23 book 11:15 born 26:23 Bridge 22:15 brief 24:10 bring 18:19 Brothers 3:15 25:15 build 24:17 building 19:22 burial 19:25 business 25:17 C cancel 20:16 capital 14:8 Carlos 4:15 7:22 16:7 case 10:6 17:1 18:16 cases 19:7 Category 18:24 19:1,10,14 26:12 Center 1:9 certain 17:17 20:8 certainly 19:11 CERTIFICATE 28:1 certify 28:7 change 5:22 21:20 changed 21:16 changes 23:20 check 18:16 choice 11:1 circle 20:1 circumstances 12:21 City 1:3,8,13,19 2:17,20 3:5 4:18 4:25 7:13,25 8:1 10:8,12,13 13:9 13:25 14:20 15:14,21 16:9 18:4 19:7 20:14 21:1,5,7,24 25:16 City's 4:9 clarification 6:5 7:19 clearly 4:5 clerk 7:25 close 18:15 code 3:5 18:12 26:15 come 25:12 27:3 comes 14:16 20:25 comfort 11:5 coming 12:4 comments 4:10 commission 14:1 18:2 19:9 23:11 28:18 commissioners 7:3 committee 7:8,15 16:5 17:11 26:6 committee's 7:4 company 18:25 complete 28:10 completed 5:11 compliance 17:6 compliant 17:9 component 15:3,8 comprehensive 19:14 21:4,12 concerning 3:9 conclude 24:6 concluded 27:11 conclusion 3:6 conditions 11:15 conducting 2:8 3:2 cone 2:24 3:3,3 7:7 7:16,18 27:6 conference 1:1 2:4 2:7 confines 16:13 confirm 25:8 conflict 10:7 connection 14:22 consequently 9:16 12:10 consider 26:6,10 considered 16:12 20:13 25:21 considering 24:18 considers 16:10 constricted 9:1 construction 5:6 5:11,12 6:2,4 contemplate 4:14 continual 14:21 continue 20:15 continued 24:12 continuity 26:7 contract 9:9 conversations 18:2 converted 19:10 copies 6:24 7:1 copy 7:25 8:9 correct 6:8,14 23:3 26:18 cost 5:6,23 6:1 22:3 count 6:17,18 COUNTY 28:5 course 7:17 court 4:3,6 20:20 25:13 cover 7:5 crossed 21:17 curios 14:18

30 Page 30 currently 3:14 13:19 14:1 D D3 3:13 24:14 26:16 dad 27:1 date 21:23,25 DATED 28:13 dates 21:16,20 day 28:13 days 8:5,6 deadline 24:2,4 deal 20:6 deals 26:8 decided 22:9 decision 23:24 deem 25:2,3 defer 10:6 DEL 28:7,16 department 1:13 2:12 10:17,21 11:24 depending 10:21 10:22 deposit 5:9,17,19 5:21 6:7,7,9,11 6:12,17 8:15,16 deposits 5:4 design 19:20,21,23 26:8 designated 8:23 desired 8:22 detail 12:22 determination 16:6 determine 10:18 20:15 develop 4:22 24:14 development 3:10 4:15,20,24 5:15 5:23 6:1 13:19 19:18 23:2,6,9,14 dictated 9:19 different 9:15 18:13 digital 28:11 digitally 28:8 diligence 19:13 direct 8:1 directed 7:24 8:3 Director 1:16 2:19 discretion 10:8 discuss 13:5 distribute 7:2 distributed 2:23 7:6 district 3:14 disturbing 19:19 documents 21:15 doing 11:15 dollars 11:6 Downtown 20:7 draft 8:23 9:23 Drive 1:10 3:12 22:19,20 due 5:5,6 6:12 19:13 E E-S-C-A-R-R-A 20:22 earnest 5:20 6:6,9 6:19,20 east 13:10 economic 20:23 economically 19:4 EE 28:18 effect 9:9 efficient 25:17 election 22:7,10 elections 22:12 8:18 11:22 12:12 14:11 17:24 encourage 17:19 ends 20:3 enforcing 18:7 enhanced 15:16 26:6 enter 4:23 entices 9:15 entirely 11:19 12:4 entitlement 13:20 ESCARRA 20:19 20:22 21:14 22:25 23:4,9,13 23:18 ESQ 1:20 estate 1:14 2:12,16 5:3 11:8 estimated 22:11 evaluate 17:12 evaluation 7:14 10:22 event 19:25 20:23 everyone's 18:21 exactly 6:22 26:14 26:20 example 21:17 excuse 15:7 executed 9:25 exercised 10:14,24 exist 5:9 exit 20:11 expensive 22:8 Expires 28:19 express 3:17 extensions 9:5 F fact 16:22 17:1 fair 12:16 faithful 10:15 fall 2:24 7:16,18 falls 26:11 far 19:9 feasibility 20:23,24 feasible 19:4 February 28:19 fee 3:23 feet 3:13 24:15,15 24:18 fifth 26:25 27:2 find 19:25 20:1,14 first 15:25 21:15 22:15 flexibility 9:4 21:23 floor 4:13 Florida 1:11 28:4 28:17 follow 19:23 following 2:7 7:23 follows 24:12 foregoing 28:9 foremost 15:25 form 8:23 14:11,22 formal 11:25 12:13 forward 14:11,22 24:8 fourth 27:2 frontage 15:6,7 24:14,15,19 25:3 25:5,5 full 6:15 9:5 12:20 18:9 further 11:23 26:1 future 18:19,22 21:5 22:24 G Garcia 3:14 25:14 25:14,15,15,22 26:3,23 general 18:3 give 17:3 Given 15:23 go 15:18 20:6 27:1 goes 9:11 12:22 19:18 going 2:1 11:5 13:3 17:8,10,12 22:8 23:6 25:2,3 Gonzalez 1:16 2:18 2:18 4:11 13:14 13:15,18 14:7,12 14:25 15:5,19 18:12 20:5 21:4 21:11 good 2:3,15 10:14 11:15 18:18 governs 9:24 grade 26:25 27:2,2 27:2,3 grand 11:7 grander 16:10 Greenberg 4:16 7:23 16:7 Greenway 19:20 19:23 ground 19:18,25 guarantee 11:16 guess 9:18 guidelines 14:15 guys 6:23 8:8,18,25 12:25 15:12,14 18:7,11 23:22 25:11 26:24 H half 12:19 Hans 1:14 2:16 happen 11:22 happening 20:4 happens 20:2 hard 13:16 head 16:22 hear 13:16 heard 4:6 heart 9:11 hefty 12:5 high 19:16 hook 20:18 I idea 16:23 ideas 17:17 25:19 identified 18:22,23 19:1 imagine 14:20 impact 24:16 implied 3:17 improvement 13:11 improvements 13:23 14:2,9 incentives 9:14 include 8:17 19:20 included 15:2,8,9 23:25 includes 8:15 13:22 26:8 inclusive 12:14 inconsistencies 9:23

31 Page 31 incorporated 16:11 industrial 3:13 18:23 19:3 26:12 26:13 industry 19:9 information 8:4 12:14 17:3 initial 5:5 9:5 10:1 inside 6:23 intention 22:16 interest 25:16 interesting 25:1 internal 23:23 introduce 2:13 invest 11:5 investment 11:9 12:5,7 involved 17:2 Iris 20:22 issue 10:20 11:21 22:16 issued 8:5 issues 10:19 items 13:6 J Jackie 8:2 Jacqueline 1:15 2:10 joined 22:4 jointly 21:2 Jose 13:22 July 28:13 June 1:5 K keep 4:2 kind 16:24 18:5 kindly 4:4 know 2:22 7:4 9:4 9:13,14 11:8,10 11:11,13,14 12:20,22 13:1,5 15:16 16:11 17:9 18:1,9 21:19 25:19 knowledge 18:21 L Labo 7:22 Lago 4:14,15,18,24 7:20 16:7,7,16 21:10 22:3 land 18:19 21:5 24:17 landings 18:22 language 9:20 10:6 12:24 14:14 20:11 large 15:24 21:9,13 lease 3:10 4:19,23 5:9 6:13 8:19,22 8:24,24 9:7,13,14 9:19,21,24,25 10:6 12:18,20,21 12:23,24 13:2 18:14 23:1,5,11 23:12,13 left 24:21 length 9:8 let's 20:2 level 11:4,10,16 license 3:15 lifted 3:4 7:7 lifting 3:3 limited 22:1 little 14:15 21:22 located 3:11 logical 18:5 long 17:5,9 longer 8:20,22 look 12:23 16:14 19:13 26:21 looked 19:12 looking 15:12 Lorenzo 1:15 2:3 2:10,22 4:12,17 4:19 5:1,12,19 6:3,18,22 7:1,10 8:3,11,14 9:1,22 10:5,25 13:2 14:24 15:18 16:1 17:4 21:21 22:6 23:3,5,12,16,19 23:23 24:4,21 25:10 26:1,4,14 26:20 27:6 lot 12:22 24:14,15 loud 4:5 louder 13:18 Luciana 1:16 2:18 13:14 24:21 Luis 25:14 26:21 M Maichel 1:14 2:1 2:15,16 6:5,9,14 7:6,11 20:12 22:18,21,23 25:18 26:19 mail 8:9,17 maintaining 11:14 making 12:4 Management 1:15 2:11,12 Manager 1:14 2:17 Mantecon 5:2,2,16 5:25 6:8,12,15,20 6:23 7:8,17 8:19 9:18 10:3 11:3 12:16 13:7 15:11 17:25 19:24 20:17 22:13,20 22:22 23:20 24:13 25:6,24 map 18:22 March 21:18 22:4 marine 26:9,13,17 maritime 26:12 market 19:4 Marti 13:22 maximization 26:9 maximum 9:2 mean 10:5 11:6,11 12:3 15:14 16:16 18:8,10 23:16 24:21 means 17:23 Med 20:7 meet 24:19 meeting 1:1 2:2 3:2 3:7 7:24 24:8,12 27:10 members 2:13 mentioned 6:24 13:4 methodology 19:5 Miami 1:3,8,9,11 1:13 2:17 3:5 13:20 14:25 18:2 18:24 19:8,20 24:13,20 26:7 MIAMI-DADE 28:5 million 22:11 millions 11:5 mind 4:2 16:25 17:17 25:20 minimum 24:14 moment 20:13 money 5:20 6:7,9 6:19,20 monitoring 19:17 morning 2:3,15 move 24:8 MV 5:2 N name 2:10,16 4:7 20:21 25:13,14 near 22:24 need 7:1,2 11:11 15:9 20:20 26:21 27:5 needed 15:15 19:15 needs 7:5 11:16 negotiable 8:20 negotiate 4:24 13:5 21:25 negotiation 9:10 negotiations 9:17 13:3 Nevertheless 17:21 noise 13:17 non-buildable 20:3 non-rectangular 14:16 non-refundable 3:23 8:16 normal 12:21 North 1:10 2:4 3:11 22:20 Notary 28:17 notes 25:9 28:11 notice 11:1 number 2:6 3:9 O obscure 14:16 obvious 18:6 Obviously 16:22 offered 3:16,18 Office 16:9 officially 8:11 okay 6:21 12:16,23 12:24 13:7 old 9:14 on-site 18:4,9 once 2:23 5:11,12 6:2 7:6 ONEIDA 28:7,16 online 25:11 open 4:12 9:10,17 operate 25:16 opportunity 12:6 option 10:23 12:21 19:12 options 3:19 10:14 11:17 12:20 18:13 order 3:21 Ordinance 3:5 oriented 18:15 original 6:16 outside 18:13 oval 20:1 overall 16:25 17:22 P Pablo 1:20 2:20 7:13 10:11 panel 2:13 parcel 22:13,14 park 13:22 14:3 20:18 parking 18:1,4,6,9

32 Page 32 18:13,13,14 part 8:20 10:15 13:21,23 14:25 15:9 16:2 17:8 19:1,13 22:15 participate 3:21 particular 15:13 18:16 pay 3:22 paying 11:13 peer 19:6 percent 5:5,6,8,8 5:13,23 6:10,11 6:19 performance 10:15,19,23 period 8:20 piggy 22:7,12 place 27:5,7 plan 13:21 16:9,10 16:25 17:23 19:14 21:4,12 22:23 planned 14:18,19 planning 1:16 2:19 13:12,15 plans 13:10 plant 18:25 please 2:2,9 4:2,7 20:21 point 5:11 7:12 11:13 21:2 26:4 points 16:24 Port 18:24 portion 24:7 positive 20:25 possibly 14:18 post 12:11 posted 8:7 25:11 pre-conference 7:24 24:7,11 pre-submission 1:1 2:4 present 1:13,19 10:20 pretty 12:24 prevents 2:24 previously 14:19 prices 9:12 primary 15:6,6,23 25:5,6 prior 13:10 23:8 priority 12:17 probability 19:16 problem 12:18 procedural 7:21,22 proceedings 28:9 process 13:20 14:2 20:16 21:13 procurements 10:13 program 13:24 project 5:14 25:20 properly 16:20 properties 15:1 16:11 18:21 property 1:15 2:5 2:8,11 3:10,12,16 11:14 13:10 17:18 18:20 25:4 25:4 26:22 proposal 17:16,20 19:21 20:4 proposals 2:5 7:2 25:21 proposed 17:11 proposer 3:18,22 4:21 5:13 9:12 10:9 21:22,24 22:9 proposer's 6:11 proposers 16:2 proposing 4:22 prove 19:3 provide 3:21 4:1 12:15 provided 2:25 8:25 12:1,25 provision 27:8 public 2:23 13:23 15:12,19,20 17:19 24:7 28:17 purpose 17:13 22:10 purposes 3:1 put 16:17 17:7 27:7 Q question 4:8 7:20 8:6 11:21 12:9,11 14:8,23 16:8 20:19 21:14 24:4 24:22 26:2 questions 2:25 3:8 3:24,25 4:2,4,13 7:23 17:22,25 22:5 23:19,21,24 23:25 24:3,6 25:23,25 quite 9:15 11:9 R raised 23:22 read 13:1 26:3 reads 9:20 real 1:14 2:12,16 5:2 11:8 really 9:10,17 11:7 13:16 15:15 16:8 18:4 reason 12:10 21:20 reasons 18:6 received 21:16 recess 24:11 recommend 12:11 14:13 15:17 recommendation 11:20 record 4:7 27:6 28:10 recorded 4:3 redevelopment 19:2 reduction 18:15 referendum 21:23 23:2,7,14 referendums 21:19 reflect 17:20 refunded 5:10 6:1 regard 13:11 regarding 17:22 regards 14:19 18:1 18:8 register 3:22 8:8 8:10,11,14 reinstated 3:6 related 26:13 remain 5:18 remainder 5:9 remaining 5:16 remains 5:20 renew 3:19 10:14 10:24 11:18 renewals 10:2,4 rent 5:18 11:13 reply 16:15 report 28:9 reporter 4:3,6 20:20 25:13 28:7 28:16 requests 2:5 require 19:17 required 5:4 requirements 15:1 18:7 19:15 20:9 24:19 requires 13:25 20:9,25 23:10 respect 7:14 10:16 response 3:22 11:25 12:14 restricted 17:16 return 12:6 review 7:3,5,8 17:11 26:5 reviewed 19:6 revocable 3:15 RFP 2:5,23 3:1,9 4:14 6:24 8:4,12 8:14 9:2,11,22,24 9:24,25 10:7 12:17,19 13:1,5 16:13 17:5,10 18:8 20:15 21:22 22:16,17,24 24:5 25:16,18 right 5:1 6:3,22 9:22 10:11 15:4 16:21,21 17:3 22:4,6 24:3,22 26:16,19,20 river 1:10 2:5 3:11 13:20 14:5 18:2 18:24 19:9,9,20 22:19,20,21 25:9 26:7 Riverside 1:9 Riverwalk 13:11 13:22 14:4,15 15:2,8,20,25 16:23 road 11:10 13:9 rules 17:6 S S.W 1:10 saying 26:2 scale 21:9,13 scheme 11:7 16:10 Scott 8:13 13:8 sea 14:4 Seafood 25:15 seat 2:2 section 3:5 26:5 security 5:3,16,19 6:7,10,12,17 see 15:24 16:16 18:17 27:5 Seeing 4:12 selected 4:21 7:9 7:15 10:9 21:22 21:24 22:9 selection 16:4 send 8:8,17 11:1 14:10 sentence 12:19 separate 5:21 serious 12:4 seriously 12:11 service 18:10 set 15:6 side 14:6 22:21 sight 7:22 signed 2:9 signing 6:13 8:10

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