February 18, 2016

Transmitted via email: jlorenzo@miamigov.com

Jacqueline Lozano
City of Miami
Real Estate & Asset Management
444 SW 2 Avenue, 3rd Floor
Miami, Florida 33130
RE:

Response to Request for Clarification to Virginia Key SMI, LLC Proposal in

Response to Request for Proposals No. 12-14-077 for the Lease of Virginia
Key Marina

Ms. Lorenzo:
We received your Request for Clarification dated February 12, 2016. Below are Virginia Key SMI,
LLCs responses to said Request (the questions have been restated for ease of reference
purposes):

1.

The Proposal Summary Form provides three business references. Please confirm
that these business references shall provide recommendations for each and every
of the named principals of the Proposer.

RESPONSE: Yes. These business references shall provide recommendations for

each and every one of the named principals of the Proposer.
2.

The Proposal Summary Form further provides that percentage rent shall be
$892,086. However, the Proposal also provides that the minimum financial returns
shall include 6% rent from boat storage, 5% rent from leases; 5% rent from fuel
sales; and 3% rent from merchandise. Please clarify this inconsistency.

RESPONSE: The percentage rent shall include 6% rent from boat storage (marina
operations); 5% rent from leases; 5% rent from fuel sales; and 3% rent from
merchandise. The restaurant will be operated by a third party. Pursuant to the RFP,
the Proposer will negotiate the percentage of the Proposers income from subtenant
restaurant.
3.

The Project/Development Schedule within the Proposal provides for referendum

approval to occur in March of Year One. As the referendum of March for 2016 has
passed, please clarify intended referendum date within the schedule.

RESPONSE: The intended date for the referendum is pursuant to the terms and
requirements of the RFP.

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4.

Please also confirm that, in the event the scheduled dates for permit approvals,
construction commencement, and construction completion are not consistent with
the months indicated in section VI(F)(8) of the RFP, that the proposed schedule
shall be dependent upon a phased development schedule and the Citys approval
of a waiver, if applicable.

RESPONSE:
Yes. In the event the scheduled dates for permit approvals,
construction commencement, and construction completion are not consistent with
the months indicated in section VI(F)(8) of the RFP, the proposed schedule shall be
dependent upon a phased development schedule and the Citys approval of a
waiver, if applicable.
5.

The Proposal provides that the site will include a restaurant and Fresh Market.
Please clarify whether the Proposal refers to the retail grocery store operated by
The Fresh Market, Inc., and if so, to what extent has Virginia Key SMI, LLC
negotiated an agreement with The Fresh Market, Inc. for the implementation of the
grocery at the site.

RESPONSE: The fresh market referred to in the Proposal is not The Fresh Market,
Inc. Any references to a fresh market were references to a mini-market that would
traditionally be included in or part of a ship store.
6.

The RFP provides additional points shall be provided for the participation of local
firms. As the Proposal has indicated that the project shall incorporate local firm
participation, please allow this to serve as a request to provide City occupational
licenses, along with the appropriate office location affidavit, office lease, office
utility payments and similar documents. . . as specified in section VI (F) (15) of the
RFP.

RESPONSE: The Proposer will provide significant local participation throughout

the life of the contract.
7.

Please confirm that Proposer shall comply with all of the requirements of the RFP,
and that any and all proposed changes to the form lease shall be automatically
recalled by Proposer to the extent inconsistent with the terms of the RFP.

RESPONSE: Yes. The Proposer shall comply with all of the requirements of the
RFP. Any and all proposed changes to the form lease shall be automatically
recalled by Proposer to the extent inconsistent with the terms of the RFP.
8.

The Proposal Summary Form provides, in relevant part, that the Proposers
Principals are John D. Powers, Jr., Bryan Redmond, David Filler, and Chris Petty.
However, the organizational chart appears to provide that Virginia Key SMI, LLCs
principals are David Filler and Ronald Schults. Please confirm the proposing
entitys organizational structure, including the individuals and their roles therein.

RESPONSE: John D. Powers, Jr, Bryan Redmond, David Filler and Chris Petty are
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the Proposers Principals. See corrected organizational chart annexed hereto.

9.

Please also confirm that the Proposal shall fit within the boundaries of the Lease
Area, as shown in the applicable surveys (included as Addenda X and XXII on
the RFP Website), and that any recommendations and/or improvements made
outside the lease boundaries are proposed public improvements to the area that
may be rejected by the City at any time.

RESPONSE: Yes. The Proposal shall fit within the boundaries of the Lease Area,
as shown in the applicable surveys (included as Addenda X and XXII on the RFP
Website). Any recommendations and/or improvements made outside the lease
boundaries are proposed public improvements to the area that may be rejected by
the City at any time.
Sincerely,

David Filler, Principal

Virginia Key SMI, LLC

Cc:

Todd B. Hannon, City Clerk

Rafael Suarez-Rivas, Assistant City Attorney
Jason Spalding, CBRE

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CITY OF MIAMI,
(Lessor)

Master Lease

Virginia Key SMI, LLC (Lessee)

JOHNNY POWERS
CHRIS PETTY
BRYAN REDMOND DAVID FILLER
(Principals)

Partners

Marinas

Co-Developer, Financier & Marina Operator

Local Counsel, Planning & Zoning

Arnstein & Lehr LLP

Concept Design & Architecture

IDEA, Inc.

RONALD R. FIELDSTONE, Partner

MIGUEL DIAZ DE LA PORTILLA,
Partner

HUGH DARLEY
Principal

Local Accountants & Partners

SCOTT MCMULLIN
Principal & Chairman

BRYAN REDMOND
Principal

RON RHOADES
Principal

CHRIS PETTY
Principal

TOM TIPTON
Principal & CFO

DAVID FILLER
Principal

BRUCKER STENSRUD
VP of Acquisitions

Permitting & Local Knowledge

TY Lin, Inc.

JUSTIN THOMPSON
Vice President

RON TENEYCK
VP of Operations

ALVARO J. PIEDRAHITA, PE
President & Chief Executive Officer

JOSALYN CLAUSSEN
Director of Marketing

STEPHEN LEHN
VP of Asset Mngt

RON SCHULTS, PE
Principal / Engineering

GREGWEYKAMP, ASLA,LEEDAP,BD+C
Principal / Planning

PAUL MADDEN
Large Yacht Marketing Specialist

KEVIN KROGULECKI
Landscape Architect

JOHN SPENCER
Marina Development

LINDSEY MATHUS, EIT

Permitting & Entitlements

SUZIE FROMSON, ASLA, LEED AP COLIN HASSENGER, PE

Landscape Architect
Project Engineer
DARYL VELDMAN, PE
Civil and Site Engineer

MICHELLE RUMSA
Registered Architect

MARINE MAX (Anchor Sub-Tenant)

Boat Sales, Boat Brokerage, Service
Center

Counsel, Consultants & Strategic Partners

JOHNNY POWERS
Principal and CEO

Co-Developer, Design & Project Management

Sub-Lease

JOSEPH M.YESBECK, PE
National Director
COLIN P. HENDERSON
Sr. Environmental Scientist

CHRISTOPHER BROWN

ADAM SPIEGEL, CPA, MBAF CPAs

CATHERINE RODRIGUEZ, ESQ

Community Outreach / MBE/WBE Programs

Garth Solutions
Yvonne Garth, President & CEO
Miami To Go
Carole Ann Taylor, Founder & CEO,