Filing 87955716 E-Filed 04/15/2019 10:22:41 AM

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT OF
FLORIDA IN. AND FOR
BROWARD COUNTY, FLORIDA

GENERAL JURISDICTION
DIVISION

CASE NO:

FXE FUTB OL, LLC,
a Florida limited liability company

Plaintiff,
V.

CITY OF FORT LAUDERDALE, a
Florida Municipal Corporation

and

MIAMI BECKHAM UNITED, LLC,
a Delaware limited liability company

Defendants.

AND PETITION

This is an action challenging the validity and effect of the frantic and, ultimately,
statutorily inadequate, Public?Private Partnership Process undertaken pursuant to Fla. Stat. Sec,
255.065 by Defendant CITY OF FORT LAUDERDALE in connection With the re?development
of historic Lockhart Stadium.

This action also seeks general and speci?c damages from Defendant MIAMI
BECKHAM UNITED LLC for false statements regarding the. presence 'of a ?tremendous
amount? of asbestos at historic Lockhart Stadium, when there is in fact almost no asbestos

present at the Stadium. These false statements subverted the selection process and caused the

 

CITY to unfairly determine that the competing proposal of PLAINTIFF was not a valid and

viable bid.

Jurisdiction Venue and Request for Expedited Relief

 

1. This is a petition for a writ of mandamus and civil action seeking expedited declaratory
and injunctive relief pursuant to Florida Statutes Sections 86.011 and 86.111; as well as an action
for general and speci?c damages for acts of tortious interference and injurious falsehood.

2. This action involves damages in excess of $15,000, exclusive of interest, costs and
attorneys? fees.

3. Venue is proper in Broward County because Defendant CITY OF FORT
LAUDERDALE is located in Broward County, and the property at issue in this litigation is
located in Broward County.

4. All conditions precedent to the bringing of this action have either been performed by

PLAINTIFF or have otherwise occurred.

5. Pursuant to Florida Statute Section 86.111, and based upon the facts set forth below,
PLAINTIFF requests an accelerated hearing on this matter, with this action being given priority

over other pending actions.

Parties
6. PLAINTIFF FXE FUTBOL, LLC is a Florida limited liability company.
7. Defendant CITY OF FORT LAUDERDALE (the is a Florida municipal

corporation in Broward County, Florida, where venue resides.

 

8. Defendant IVTLAMI BECKHAM UNITED, LLC is a Delaware limited

liability company authorized to transact business in Florida.

General Allegations

 

9. The CITY owns real property described as Parcels 19B, 25, 26, and 27 located at the Fort

Lauderdale Executive Airport in the City of Fort Lauderdale, home of historic Lockhart Stadium

10. On January 28, 2019, the CITY received an unsolicited proposal from INTERMIAIVH to
demolish historic Lockhart Stadium and build a modular stadium to be used as a soccer training

facility and stadium.

11. That unsolicited proposal triggered the provisions of Fla. Stat. Sec. 255.065, commonly
referred to as the Public?Private Partnership or P3 process, which provides a statutory method for
municipalities like CITY to accept and assess unsolicited proposals regarding private

development of public land-

12, PLAINTIFF timely submitted a competing proposal anchored by a $35 Million
restoration of historic Lockhart Stadium pursuant to the CIT Y?s P3 process under Fla. Stat. Sec.

255.065.

13, Throughout the vetting process, INTERMIAMI repeatedly and on numerous occasions
falsely stated to the CITY that PLAINTIFF ?3 plan to renovate historic Lockhart Stadium was not
valid and viable because there was a ?tremendous amount? of asbestos present at the stadium,

when there is in fact almost no asbestos present at the stadium-

14. On April 2, 2019 the City of Fort Lauderdale Commission held a general meeting to

consider Resolution 19-0365 titled ?Motion to Enter into an Interim Agreement with Miami

 

Beckham United LLC, Pursuant to Florida Statute At the meeting the City
Commission discussed entering into an Interim Agreement with INTERMIAMI allowing the

demolition of historic Lockhart Stadium.

15. During the discussion of the Resolution, CITY Mayor Dean Trantalis expressed concern
about allowing the demolition of historic Lockhart Stadium pursuant to an Interim Agreement in
the absence of a Comprehensive Agreement as required by Fla. Stat. Sec. 2550650). The
Mayor?s concerns were twofold. First, he expressed concern that allowing INTERMIAMI to
demolish the Stadium pursuant to the Interim Agreement could result in a situation where the
CITY and INTERMIAMI were unable to agree to terms on a Comprehensive Agreement and be
left in a position where historic Lockhart Stadium was needlessly demolished without anything
replacing it. The second concern expressed by Mayor Trantalis was that in the event that
happened, the second-ranked bid of PLAINTIFF would be rendered moot because its plan

involved the $35 lVIillion renovation of historic Lockhart Stadium.

16. In response to this concern at the Commission Meeting, lobbyist
Stephanie Toothaker, Esq. repeated the falsehood that the INTERMAMI team had consistently
promulgated throughout the P3 process: that historic Lockhart Stadium has ?a tremendous
amount of asbestos? and that renovation of the stadium is therefore unfeasible.l In fact, this was

referenced in a statement by City Attorney Alain E. Boileau, Esq. to Mayor Trantalis:

Mr. Boileau: You are probably in the best position now with regards to the

because the alternative is it doesn?t get demolished and it stays there
332

as?is.

 

1 Undersigned counsel has requested a transcript of the April 2, 2019 Commission Meeting, but same is not yet
available. The referenced statement by Ms. Toothaker is at 2:31:13 of the video of the Commission Meeting
available at id=2&clip id=1044. Ms. Toothaker says
again at 2:33 :45 that there is ?signi?cant asbestos? at the stadium.

2 At 2:37:00 of the video of the Commission Meeting.

 

Ms. Toothaker: Right.

17. The City Commission passed Resolution 19?03 65 and approved the Interim Agreement.
Copies of Resolution 19?03 65 and the Draft Interim Agreement (the ?Interim Agreement?) are

attached hereto as Exhibit A.

The failure to comply with the procedural review requirements of Fla. Stat. Sec. 255 .065

18. Fla. Stat. Sec. 25 5.065, commonly referred to as the Public-Private Partnership or P3
process, provides a statutory method for municipalities like CITY to accept and assess

unsolicited proposals regarding private development of public land.

19. Fla. Stat. Sec. 255.065 ?provides an alternative method? to ?other statutory? authority
(such as the City Charter) that could allow CITY to develop its public land. la. Stat. Sec.



20. As such, the CITY must strictly comply with the requirements of Fla. Stat. Sec. 25 5.065
in order to avail itself of the process set forth therein. In the absence of such compliance, the
CITY cannot avail itself of the P3 Process, and is required to comply With other statutory

authorities such as its Charter to enter into a lease of its public lands to private entities.

21. As a result of short deadlines imposed by INTERMIAMI, the CITY engaged in a frantic
and, ultimately, inadequate process that violated the express requirements of Fla. Stat. Sec.

255.065.

22. Fla. Stat. Sec. provides that

 

If the responsible public entity chooses to evaluate an unsolicited proposal
involving architecture, engineering, or landscape architecture, it must ensure a
professional review and evaluation of the design and construction proposed by the
initial or subsequent proposers to assure material quality standards, interior space
utilization, budget estimates, design and construction schedules, and sustainable
design and construction standards consistent with public projects. Such review
shall be performed by an architect, a landscape architect, or an engineer licensed
in this state quali?ed to perform the review, and such professional shall advise the
responsible public entity through completion of the design and construction of the
project. (Emphasis Added)

23. The CITY chose to evaluate the unsolicited proposal from INTERMIAMI and rank the

 

two competing bids, but failed to engage ?an architect, a landscape architect, or an engineer? in
contravention of the express requirements of Fla. Stat. Sec. 
24. Fla. Stat. Sec. 25 provides that

The responsible public entity shall perform an independent analysis of the
proposed public?private partnership which demonstrates the cost-effectiveness
and overall public bene?t before the procurement process is initiated or before the
contract is awarded.

25. The CITY failed to perform the ?independent analysis? required by Fla. Stat. Sec.
In fact, in a Memo dated March 19, 2019 (attached hereto as Exhibit B) the City
of Fort Lauderdale Auditor John Herbst stated that his of?ce was ?unable to provide an opinion
on the ?nancial merits of the two proposals,? was ?unable to obtain suf?cient audit evidence to
provide a basis for an opinion as to the reasonableness of the plans,? and was ?unable to obtain
suf?cient audit evidence to provide a basis for an opinion as to the ?nancial impact to the


26. It is important to note the review procedures outlined above are contained in section (3)
Procurement Procedures and section (5) Project Quali?cation and Process, which make clear
that these review procedures were required to be undertaken by the City at the time of

evaluation, not a?er a decision has already been made. As such, the failure to comply with the

6

 

statutorily required review procedures prior to making the ranking decision is not curable by the

CITY doing so at some date in the future.

27.

Despite its failure to comply with the requirements of Fla- Stat. Sec. 255.065, the CITY

passed Resolution 19?03 65 authorizing the CITY to enter into the Interim Agreement with

INTERMIAMI.

The Interim Agreement Contains Provisions Beyond those allowed by Fla. Stat, Sec. 25506516)

28. Fla. Stat, Sec. 255.065(6) provides that

An interim agreement must be limited to provisions that:

Authorize the private entity to corrmience activities for which it may be
compensated related to the proposed qualifying project, including, but not limited
to, project planning and development, design, environmental analysis and
mitigation, survey, other activities concerning any part of the proposed qualifying
project, and ascertaining the availability of financing for the proposed facility or
facilities.

Establish the process and timing of the negotiation of the comprehensive
agreement.

Contain such other provisions related to an aspect of the development or
operation of a qualifying project that the responsible public entity and the private
entity deem appropriate.

As such, Fla. Stat. Sec. 255.065(6) strictly limits the subject matter of the provisions in an

Interim Agreement.

29.

These limitations are in the statute because the Interim Agreement is intended to be

entered into ?before or in connection with the negotiation of a comprehensive agreement? in

order to allow the parties to undertake activities in anticipation of and in furtherance of

negotiation of the comprehensive agreement.

 

30. In fact, Fla. Stat. Sec. provides that in the event that ?the responsible public
entity is not satis?ed with the results of negotiation? of the Comprehensive Agreement, the
public entity ?may terminate negotiations with the proposer and negotiate with the second?
ranked or subsequent?ranked ?rms.?

31. Section 2.4 of the Interim Agreement purports to authorize the ?demolition? of historic
Lockhart Stadium. Allowing demolition of historic Lockhart Stadium is clearly beyond the
scope of the permissible provisions that can be in an interim agreement pursuant to Fla. Stat. Sec.

In fact, Section Fla. Stat. Sec. 255.065(7) provides that ?Before or

 

operating the qualifying project, the private entity must enter into a comprehensive agreement

 

with the responsible public entity.? (emphasis added).
32. Importantly, the terms ?develop? and ?operate? are de?ned in Fla. Stat. Sec. 25 5 065(1),
as follows:

?Develop? means to plan, design, ?nance, lease, acquire, install, construct, or
expand.

?Operate? means to ?nance, maintain, improve, equip, modify, or repair.

33. Demolition of historic Lockhart Stadium clearly meets the de?nition of ?developing or

operating? as such terms are de?ned in the Statute, because demolition clearly includes

?modifying?.

34. This is consistent with the plain meaning and intent of Fla. Stat- Sec- 255.0650), which
sets forth requirements of performance bonds and public liability insurance, and consistent with
the concept that permanent changes to public buildings and land should not be made until such

time that there is a Comprehensive Agreement in place.

 

35 . a part of a statute appears to have a clear meaning if considered alone but when
given that meaning is inconsistent with other parts of the same statute or others in pari materia,
the Court will examine the entire act and those in pari materia in order to ascertain the overall
legislative intent.? Fla- State Racing Comm?n v. McLaughlin, 102 So. 2d 574, 575-76 (Fla.
1958), quoted in EAR, 4 So. 3d at 629, and Fla. Dep?t of Envtl. Prot. v. ContractPoint Fla.
Parks, LLC, 986 So.2d 1260, 1265-66 (Fla. 2008). Moreover, is axiomatic that all parts of a
statute must be read together in order to achieve a consistent whole.? 604 So, 2d at
455, Or, as Sir Edward Coke explained the ?whole-text canon? in 1628: is the most natural
and genuine exposition of a statute to construe one part of the statute by another part of the same
statute, for that best expresseth the meaning of the makers-? A Scalia Bryan A. Garner,
Reading Law: The Interpretation of Legal Texts 167 (2012).

36, Any interpretation that a private party can demolish a public structure pursuant to an
Interim Agreement would render Section 7 of Fla. Stat. Sec- 255065 on Comprehensive
Agreements meaningless because the entire project could be done pursuant to the Interim
Agreement, and a Comprehensive Agreement (with its mandatory provisions designed to protect
the public, such as performance bonds and public liability insurance) would not be necessary,
This is clearly not the intent of the statute.

37 The plain language of Fla. Stat, Sec. 255 .065 makes it clear that the Interim Agreement
only covers activities in anticipation of entering into a Comprehensive Agreement and the
demolition of historic Lockhart Stadium is not permitted under an Interim Agreement under Fla.

Stat. Sec_ 

 

CITY Charter
38. The CITY operates under its own Charter. The Charter enables the CITY to ?conduct
municipal government, perform municipal functions and render municipal services? Section
1.01.
39. Section 8.09 of the CITY Charter governs the lease of municipal property ?for more than
one year and less than ?fty years? and sets forth a procedure for competitive bidding.
40. Because the CITY has failed to comply with the provisions of Fla. Stat. Sec. 255.065, any
lease of more than one year would have to comply with the competitive bidding provisions of
Section 8.09 of the CITY Charter.

COUNT I

Writ of Mandamus as to Fla. Stat. Sec. 255.065 requirements on reviewing proposals

41. PLAINTIFF repeats and realleges the foregOing paragraphs 1 to 40 as if fully set forth
herein.

42. There is a clear legal right to require compliance with Fla. Stat. Sec. 255065 in
connection with the review of proposed P3 projects, which is unambiguous in requiring: the
professional review by ?an architect, a landscape architect, or an engineer? in accordance with
Fla. Stat. Sec. and (ii) the ?independent analysis? required by Fla- Stat. Sec.


43. The CITY has an indisputable legal duty to comply with the foregoing requirements in
Fla. Stat. Sec. 255.065 regarding review of the proposal from INTERMIAMI.

44. The CITY failed to comply with the foregoing requirements of Fla. Stat. Sec.

and Sec. 

10

 

45. There is no other adequate remedy available to PLAINTIFF.

WHEREFORE, PLAINTIFF requests that this Court grant the writ and order the CITY to not
execute the Interim Agreement and halt any and all efforts to allow INTERMIAMI to redevelop
historic Lockhart Stadium pursuant to Resolution 19-0365, as the CITY failed to fully comply

with the express requirements of Fla. Stat. Sec. 255.065.

COUNT II

Declaratory and Inj unctive Relief
46. PLAINTIFF repeats and realleges the foregoing paragraphs 1 to 40 as if ?illy set forth
herein.
47. This is a count for declaratory judgment pursuant to Florida Statute 86.011.
48. There is an actual, bona ?de, practical, and present need for a declaratory relief and a
continuing controversy between the parties regarding whether Fla. Stat. Sec. 255.065(6) allows
the CITY to grant INTERIVIIAMI to demolish historic Lockhart Stadium pursuant to the Interim
Agreement.
49. PLAINTIFF is in doubt as to their rights, privileges, immunities, and obligations under
Fla. Stat. Sec- 255.065.
50. Absent the issuance of declaratory relief, PLAINTIFF will be irreparably injured and has

no adequate remedy at law.

WHEREFORE, PLAINTIFF requests that this Court grant a declaration that:

a. the CITY must comply with the requirements of Fla. Stat. Sec. 255 065(6);

11

 

b. the CITY cannot authorize the demolition of historic Lockhart Stadium pursuant to
the Interim Agreement; and

c. the CITY cannot take any action in furtherance of demolition of
historic Lockhart Stadium, as the Interim Agreement fails to fully comply with Fla,

Stat. Sec, 25 

COUNT 

Violation of Section 8.09 of the CITY Charter

51. PLAINTIFF repeats and realleges the foregoing paragraphs 1 to as if fully set forth
herein,

52. This is a count for declaratory judgment pursuant to Florida Statute 86.011.

53, There is an actual, bona ?de, practical, and present need for a declaratory relief and a
continuing controversy between the parties regarding the need for the CITY to comply with the
requirements of Section 8.09 of the CITY Charter.

54. PLAINTIFFS are in doubt as to their rights, privileges, immunities, and obligations under
Section 8.09 of the CITY Charter.

55. Section 8.09 of the CITY Charter provides that Whenever the CITY desires to lease or
sell CITY property, it is required to comply with the competitive bidding and other processes set
forth therein.

56, The CITY failed to comply with the requirements of Fla, Stat. Sec. 255.065 and therefor

must therefore comply With the competitive bidding and other processes set forth therein.

12

 

WHEREFORE, PLAINTIFF requests that this Court grant a declaration that:
a. because the CITY failed to comply with the requirements of Fla. Stat- Sec. 255.065, the
CITY must comply with the requirements of Section 8.09 of the CITY Charter; and
b. enjoins the CITY from taking any action in furtherance of the demolition and/or
redevelopment of historic Lockhart Stadium by INTERMIAMI in contravention of

Section 8.09 of the CITY Charter.

COUNT IV
TORTIOUS INTERFERENCE
57. PLAINTIFF repeats and realleges the foregoing paragraphs 1 to 40 as if ?illy set forth

herein.

58. PLAINTIFF sues INTERMIAMI for tortious interference with PLAINTIFF prospective

economic relationship with the CITY.

59. PLAINTIFF had an actual prospective advantageous business relationships with the

CITY.

60. INTERMIAMI was aware of the existence of PLAINTIFF ?s prospective advantageous

business relationship with the CITY.

61. As a direct and proximate result of MIAMI BU falsely stating to CITY that
$35 IVIillion proposal to re?lrbish historic Lockhart Stadium was not valid and
viable because there was a ?tremendous amount? of asbestos present at the stadium the

reputation of PLAINTIFF was damaged and this caused the CITY to not fairly consider

PLAINTIFF ?3 bid.

13

 

62. These false statements by INTERNEAMI constituted an intentional and unjusti?ed
interference with prospective advantageous business relationships with the CITY
in order to gain an unfair advantage to have its competing bid selected by the CITY,

63. INTERMIAMI was not authorized, nor did it have any legal justification or right to claim
privilege for its actions.

64. As a direct and proximate cause of the IN intentional and unjusti?ed

tortious interference, PLAINTIFF has suifered non?monetary and monetary damages.

WHEREFORE, PLAINTIFF respectfully requests that this Court:
a. Enter judgment in favor of PLAINTIFF and against 
b. Award PLAINTIFF damages;
0. Award PLAINTIFF its costs incurred in prosecuting this action;
d. Award PLAINTIFF prejudgment interest; and

e- Grant such other and further relief as this Court deems just and proper.

COUNT 
INJURIOUS FALSEHOOD
65. PLAINTIFF repeats and realleges the foregoing paragraphs 1 to 40 as if ?illy set forth

herein.
66. PLAINTIFF sues INTERMIAMI for Injurious Falsehood.

67. Lobbyist Stephanie Toothaker, Esq. and other agents, owners and employees of
INTERIVIIAMI falsely stated to CITY that PLAINTIFF ?s $35 Million proposal to refurbish

historic Lockhart Stadium was not valid and viable because there was a ?tremendous amount? of

14

 

asbestos present at the stadium.

68? INTERMIAMI knew that these false statements would harm reputation

and cause the CITY to not fairly consider PLAINTIFF ?s proposal.

69. As a direct and proximate cause of the false statements, PLAINTIFF

has suffered monetary damages-
WHEREFORE, PLAINTIFF respectfully requests that this Court:

a. Enter judgment in favor of PLAINTIFF and against INTERMIAMI for injurious
falsehood;

b. Award PLAINTIFF damages;

c. Award PLAINTIFF its costs incurred in prosecuting this action;

d. Award PLAINTIFF prejudgment interest; and

e. Grant such other and further relief as this Court deems just and proper.

RELIEF REQUESTED
WHEREFORE, PLAINTIFF request this Court enter judgment against Defendants, awarding

PLAINTIFF all appropriate relief, including the following:

1. Grant the writ and order the CITY to halt all efforts to allow INTERMIAMI to
redevelop historic Lockhart Stadium pursuant to Resolution 19-03 65, as the CITY
failed to comply with the express requirements of Fla. Stat. Sec- 255 .065.

2. Grant a declaration that: the CITY must comply with the requirements of Fla. Stat.
Sec. 255065 the CITY cannot authorize the demolition of historic Lockhart
Stadium pursuant to the Interim Agreement; and the CITY cannot take any action
in furtherance of redeveloping historic Lockhart Stadium pursuant

15

 

to Fla. Stat. Sec. 255.065; as the CITY failed to fully comply with the express
requirements of Fla. Stat. Sec. 255.065.

. Grant a declaration that: because the CITY failed to comply with the requirements
of Fla. Stat Sec. 255065; the CITY must comply with the requirements of Section
8.09 of the CITY Charter; the CITY cannot authorize the demolition of historic
Lockhart Stadium pursuant to the Interim Agreement; and the CITY cannot take
any action in furtherance of redeveloping historic Lockhart Stadium
without complying with the requirements of Section 8.09 of the CITY Charter.

. Enter a judgment on PLAINTIFF ?s Cause of Action for Tortious Interference: 
Finding that INTERMIAMI intentionally disrupted/interfered with 
prospective economic relationship with the Enjoining INTERMIAMI from
continuing to interfere with PLAINTIFF ?s business relations with the 
Awarding PLAINTIFF damages; Awarding PLAINTIFF its costs incurred in
prosecuting this action; Awarding PLAINTIFF prejudgment interest; and 
Granting such other and further relief as this Court deems just and proper.

. Enter a judgment on PLAINTIFF ?s Cause of Action for Injurious Falsehood: 
Finding that INTERMIAMI has promulgated injurious falsehoods against
enjoining INTERMIAMI ?om continuing to promulgate injurious
falsehoods about bid; Awarding PLAINTIFF damages in the
amount of its lost pro?ts; Awarding PLAINTIFF its costs incurred in prosecuting
this action; Awarding PLAINTIFF prejudgment interest; and (D Grant such other
and further relief as this Court deems just and proper.

Respect?illy submitted;


David I. Winker; Esq; B.C.S
Fla. Bar. No; 73148
David I. Winker; PA
2222 sw 17th St
Miami; Fl 33145
305?801?8700
dwinker@dwr1c.com

 

l6

 

EXEJBIT A
RESOLUTION AND DRAFT INTERINI AGREEMENT

 

CITY OF FORT LAUDERDALE
City Commission Agenda Memo #19-0365
REGULAR MEETING

 

 

TO: Honorable Mayor Members of the
Fort Lauderdale City Commission
FROM: Chris Lagerbloom, City Manager
DATE: April 2, 2019
TITLE: Motion to Enter into an Interim Agreement with Miami Beckham United,

LLC Pursuant to Florida Statutes Section 255.065(6)

 

Recommendation

It is recommended that the City Commission approve a motion to enter into an Interim
Agreement With Miami Beckham United, LLC (?Miami Beckham?) pursuant to Florida
Statutes Section in substantially the form attached.

Background
On January 28, 2019, the City received an unsolicited proposal from Miami Beckham

pursuant to Section 255.065, Florida Statutes, to design, construct, occupy, manage,
and maintain Parcels 198, 25, 26 and 27 at Fort Lauderdale Executive Airport (?the
Property?) for an MLS Training Facility and Stadium. At the February 5, 2019 City
Commission Meeting, the City Commission adopted Resolution No. 19-25 and
determined therein that the unsolicited proposal submitted by Miami Beckham serves a
public purpose as recreational, sporting, and cultural facilities which will be used by the
public at large or in support of an accepted public purpose or activity. At the Conference
and Regular Meetings of March 19, 2019, the City Commission unanimously selected
Miami Beckham?s unsolicited proposal as the preferred and first ranked proposal.

In accordance with Section Florida Statutes, a responsible public entity can
enter into an interim agreement with a private entity proposing the development or
operation of a qualifying project, before or in connection with the negotiation of a
comprehensive agreement. The proposed Interim Agreement permits the
commencement of activities related to the qualified project and the Property, including
but not limited to, permission to enter upon the Property for purposes of Conducting
environmental analysis and mitigation, surveys, demolition, and other activities. related
to the development of the qualifying project that the City and Miami Beckham deem
appropriate, under the terms and conditions set forth in the Interim Agreement.

Resource Impact
There is no fiscal impact associated with this action.

04/02/2019 Page 1 of 2
CAM #19-0365 .

 

Strateqic Connections
This item is a Press Play Fort Lauderdale Strategic Plan 2018 initiative, included within
the internal Support Cylinder of Excellence, specifically advancing:
Goal 12: Be a leading government organization, managing resources wisely
and sustainably
- Objective 1: Ensure sound fiscal management
- initiative 1: Achieve a structurally balanced budget through viable revenue
sources, smart financial management, comprehensive financial forecasting,
and resultseoriented and efficient services

This item advances the Fast Forward Fort Lauderdale 2035 Vision Plan: We are
United.

Attachment
Exhibit 1 Interim Agreement

 

Prepared by: Luisa Agathon, City Manager?s Office

Department Director: Chris Lagerbloom, ICMA-CM, City Manager

04/02/2019 Page 2 of 2
CAM #19?0365

4, 

INTERIM AGREEMENT

This Interim Agreement is entered into this day of April, 2019 by and between the
CITY OF FORT LAUDERDALE, FLORIDA, a Florida municipal corporation (the and
MIAMI BECKHAM UNITED, LLC, a Florida limited liability company, and its respective
successors and assigns pursuant to Section Florida Statutes:

 

RECITALS

WHEREAS the CITY holds all right, title or interest in the real property described as
Parcels 198, 25, 26, and 27 located at the Fort Lauderdale Executive Airport in the City of Fort
Lauderdale, Florida, commonly known as the site of Lockhart and Fort Lauderdale Stadiums,
which are currently vacant and unoccupied, and which are more legally described as follows:

Exhibit (hereinafter the ?Propertyf?);

WHEREAS on January 28, 2019, the CITY received an unsolicited proposal from MIAMI
BECKHAM pursuant to Section Florida Statutes, to design, construct, occupy,
manage, and maintain the Property for a Major League Soccer (MLS) Training Facility and
Stadium, as more particularly described in its unsolicited proposal;

WHEREAS, pursuant to Resolution No. 19-25, the City Commission, at its meeting of
February 5, 2019, determined that the unsolicited proposal submitted by MIAMI BECKHAM
serves a public purpose as recreational, sporting, and cultural facilities which will be used by the
public at large or in support of an accepted public purpose or activity, and as proposed,
constitutes a qualifying project pursuant to Section 255.065, Florida Statutes;

WHEREAS, pursuant to Resolution No. 19-25, the City Commission further declared its
intent to enter into a comprehensive agreement with MIAMI BECKHAM for the qualified project
described in MIAMI unsolicited proposal;

WHEREAS, at its conference and regular meetings of March 19, 2019, the City
Commission unanimously selected MIAMI unsolicited proposal as the preferred
and first ranked proposal in accordance with Section Florida Statutes, thereby
authorizing the CITY to commence negotiations for a Comprehensive Agreement with MIAMI
BECKHAM, encompassing therein the development, improvement, design, construction.
occupation, and management of the Property.

WHEREAS, in accordance with Section Florida Statutes, a responsible
public entity is authorized to enter into an interim agreement with a private entity proposing the
development or operation of a qualifying project, before or in connection with the negotiation of
a comprehensive agreement, for purposes of authorizing the private entity to commence
activities for which it can be compensated related to the proposed qualifying project, including
but not limited to, project planning and development, design, environmental analysis and
mitigation, survey, other activities concerning any part of the proposed qualifying project, and
ascertaining the availability of financing for the proposed facility or facilities, as well as purposes
related to an aspect of the development or operation of a qualifying project that the responsible
public entity and the private entity deem appropriate.

Page 1 of 14

 

WHEREAS, before and in connection with the negotiation of a comprehensive
agreement, the CITY and MIAMI BECKHAM are desirous of commencing activities related to
the qualified project and the Property, including but not limited to, permission to enter upon the
Property for purposes of conducting environmental analysis and mitigation, surveys, demolition,
and other activities related to the development of the qualifying project that the CITY and MIAMI
BECKHAM deem appropriate, under terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, and other good and valuable considerations, the adequacy and receipt of which are
hereby acknowledged, the CITY and MIAMI BECKHAM agree as follows:

1. Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
2. Investigation, Study, Demolition, and Commencement

2.1 In accordance with Section Florida Statutes, the Parties
agree that neither this Interim Agreement, nor any work to be performed in accordance thereto,
obligate the CITY to enter into a Comprehensive Agreement with MIAMI BECKHAM.

2.2 MIAMI BECKHAM, through its agents, servants, employees and
contractors, is authorized and entitled, at its expense, to commence activities related to the
proposed qualifying project, including but not limited to, project planning and development,
design, and ?nancial and business planning.

2.3 MIAMI BECKHAM, through its agents, servants, employees and
contractors, is authorized and entitled, at its expense, to enter upon the Property for the purpose
of conducting an investigation, discovery, inspection, and testing of the Property, including soil
testing and boring, environmental studies, and surveying;

2.4 MIAMI BECKHAM, through its agents, servants, employees and
contractors, is authorized and entitled, contingent upon obtaining all necessary approvals and
permits, to enter upon the Property for purposes of conducting the demolition of the existing
improvements thereon, including but not limited to Lockhart Stadium and Fort Lauderdale
Stadium, within one hundred and eighty (180) days from the date of this Interim Agreement, at
its sole costs and expense, in a good workmanlike manner, in accordance with applicable
ordinances and laws, but without any additional approvals from the CITY in its capacity as fee
simple owner of the Property.

2.5 MIAMI BECKHAM, through its agents, servants, employees and
contractors, is authorized and entitled, contingent upon obtaining all necessary approvals and
permits, to enter upon the Property for purposes of relocating, improving, or expanding public
utilities, at its expense, deemed necessary by both CITY and MIAMI BECKHAM, for the
construction of the quali?ed project.

2.6 MIAMI BECKHAM shall protect and retain for future use as part of the
qualifying project, either by CITY or MIAMI BECKHAM, any salvageable bleachers contained
within Lockhart Stadium. MIAMI BECKHAM shall also collect, retain, and transfer to the CITY
all scrap metal produced as a result of the demolition of any structures contained upon the
Property.

Page 2 of 14

 

2.7 All entries upon the Property shall be at the sole risk. of MIAMI
BECKHAM. CITY shall have no liability for any injuries sustained by MIAMI BECKHAM or any of
its agents, servants, employees or contractors. MIAMI BECKHAM agrees to repair or restore
any unscheduled or authorized damage to the Property caused by MIAMI BECKHAM,
its agents, servants, employees or contractors.

2.8 This Interim Agreement is contingent upon MIAMI BECKHAM, including
its agents, servants, employees, and contractors, obtaining all the necessary approvals and
permits, including from the Department of Sustainable Development and Department of
Public Works, Broward County, and the Federal Aviation Administration (FAA), if applicable. In
the event MIAMI BECKHAM, its agents, servants, employees, and contractors, fail to obtain the
necessary permits and approvals from the Department of Sustainable Development,
Department of Public Works, Broward County, and the FAA, if applicable, then this Interim
Agreement shall be null and void.

3. Investigation, Study, Demolition, and Commencement Period. The
Investigation, Study, Demolition, and Commencement Period under Paragraph 2 shall be for a
period ending on the earlier of one hundred eighty (180) days after the date of this Interim
Agreement or (ii) the date a Comprehensive Agreement is fully executed by CITY and MIAMI
BECKHAM.

4. Expedited Approvals. The Parties shall use their best efforts in seeking and
providing necessary approvals and permits related to the scope of work under this Interim
Agreement. The CITY agrees to reasonably cooperate with MIAMI BECKHAM in securing all
permits and approvals necessary to complete the scope of work under this Interim Agreement.

The CITY hereby consents to MIAMI use of privatized inspection services,
selected from the approved list of inspectors, at MIAMI option, and sole
cost and expense, to perform, under the guidance, the various inspections and
approvals required for the scope of work under this Interim Agreement.

5. Effective Date. The Effective Date of this Interim Agreement shall be the date
the last party executes this Interim Agreement.

6. License, not Lease. It is acknowledged and stipulated by and between the CITY
and MIAMI BECKHAM hereto that the rights of MIAMI BECKHAM under this Interim Agreement
shall not be deemed a lease of the Property but rather a license granted for the purpose of entry
onto and occupation of the Property.

7. Indemnity

7.1 MIAMI BECKHAM shall protect, defend, indemnify and hold harmless
the CITY, its of?cials, of?cers, employees and agents from and against any and all claims,
demands, causes of action, lawsuits, penalties, damages, settlements, judgments, decrees,
costs, charges and other expenses, including reasonable attorney's fees and costs through trial
and the appellate level, or liabilities of every kind, nature or degree arising out of or in
connection with the rights, responsibilities and obligations of MIAMI BECKHAM under this
Interim Agreement, conditions contained therein, the location, construction, repair, or use by
MIAMI BECKHAM, or the breach or default by MIAMI BECKHAM, its agents, servants,
employees or contractors of any covenant or provision of this Interim Agreement, the negligent
acts or omission or willful misconduct of MIAMI BECKHAM or its agents, servants, employees

Page 3 of 14

 



or contractors except for any occurrence arising out of or resulting from the intentional torts or
gross negligence of CITY, its officers and employees acting within the course and scope of their
employment. Without limiting the foregoing, any and all such claims, suits, causes of action
relating to personal injury, death, damage to property, defects in construction, rehabilitation or
restoration of any of the Property by MIAMI BECKHAM, its agents, servants, employees or
contractors, alleged infringement of any patents, trademarks, copyrights or of any other tangible
or intangible personal or real property right by MIAMI BECKHAM, its agents, servants,
employees or contractors or any actual or alleged violation of any applicable statute, ordinance,
administrative order, rule or regulation or decree of any court by MIAMI BECKHAM, its agents,
servants, employees or consultants is included in the indemnity.

MIAMI BECKHAM further agrees that upon proper and timely notice to
investigate, handle, respond to, provide defense for, and defend any such claims at its sole
expense and agrees to bear all other costs and expenses related thereto even if the claim is
groundless, false or fraudulent and if called upon by CITY, MIAMI BECKHAM shall assume and
defend not only itself but also the CITY in connection with any claims, suits or causes of action,
and any such defense shall be at no cost or expense whatsoever to the CITY, provided that the
CITY (exercisable by Attorney) shall retain the right to select counsel of its own
choosing. This indemnification shall survive termination, revocation or expiration of this Interim
Agreement and shall cover any acts or omissions occurring during the term of the Interim
Agreement, including any period after termination, revocation or expiration of the Interim
Agreement while any curative acts are undertaken and is not limited by insurance coverage.
Notwithstanding the foregoing, in no event shall the discovery by MIAMI BECKHAM of
contamination at the Property alone be considered damage to property, resulting from MIAMI
or its agents, servants, employees or contractors? use of or access to the Property
which is subject to the indemnity covenants of MIAMI BECKHAM contained herein.

Upon request by CITY, MIAMI BECKHAM shall provide copies of all property
condition reports and environmental assessments conducted or surveys
completed by MIAMI BECKHAM, its agents, employees or contractors on the
Property.

7.2. All construction materials, equipment, goods, signs and any other
personal property of MIAMI BECKHAM, its agents, servants, employees or contractors, shall be
protected solely by MIAMI BECKHAM. MIAMI BECKHAM acknowledges and agrees that the
CITY assumes no responsibility, whatsoever, for any such item and that the security and
protection of any such item from theft, vandalism, the elements, acts of God, or any other
cause, are strictly the responsibility of MIAMI BECKHAM.

8. Insurance.

8.1 As a condition precedent to the effectiveness of this Interim Agreement,
during the term of this Interim Agreement and during any renewal or extension term of this
Interim Agreement, MIAMI BECKHAM, at its sole expense, shall provide insurance of such
types and with such terms and limits as noted below. Providing proof of and maintaining
adequate insurance coverage are material obligations of MIAMI BECKHAM. MIAMI BECKHAM
shall provide the CITY a certificate of insurance evidencing such coverage. MIAMI 
insurance coverage shall be primary insurance for all applicable policies. The limits of coverage
under each policy maintained by MIAMI BECKHAM shall not be interpreted as limiting MIAMI
liability and obligations under this Interim Agreement. All insurance policies shall

Page 4 of 14

 

be through insurers authorized or eligible to write policies in the State of Florida and possess an
AM. Best rating of A-, VII or better, subject to approval by the Risk Manager.

The coverages, limits, and/or endorsements required herein protect the interests of the
CITY, and these coverages, limits, and/or endorsements shall in no way be required to be relied
upon by MIAMI BECKHAM for assessing the extent or determining appropriate types and limits
of coverage to protect MIAMI BECKHAM against any loss exposures, whether as a result of this
Interim Agreement or othenrvise. The requirements contained herein, as well as the 
review or acknowledgement, are not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by MIAMI BECKHAM under this Interim Agreement.

8.2 The following insurance policies and coverages are required:
Commercial General Liability

Coverage must be afforded under a Commercial General Liability policy with limits not
less than:

. $5,000,000 each occurrence and $5,000,000 aggregate for Bodily Injury,
Property Damage, and Personal and Advertising Injury

. $5,000,000 each occurrence and $5,000,000 aggregate for Products and
Completed Operations

Policy must include coverage for contractual liability and independent contractors.

The CITY, a Florida municipal corporation, its of?cials, employees, and volunteers are to
be covered as an additional insured with a CG 20 26 04 13 Additional Insured 
Designated Person or Organization Endorsement or similar endorsement providing
equal or broader Additional Insured Coverage with respect to liability arising out of
activities performed by or on behalf of MIAMI BECKHAM. The coverage shall contain no
special limitation on the scope of protection afforded to the CITY, its officials, employees,
and volunteers.

Business Automobile Liability

Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles
for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined
single limit each accident.

If MIAMI BECKHAM does not own vehicles, MIAMI BECKHAM shall maintain coverage
for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement
to the Commercial General Liability policy or separate Business Auto Liability policy.

Crane and Rigging Liability

Coverage must be afforded for any crane operations under the Commercial General or
Business Automobile Liability policy as necessary, in line with the limits of the associated

policy.

Page 5 of 14

 

Pollution and Remediation Legal Liability (Hazardous Materials)

For the purpose of this section, the term ?hazardous materials? includes all materials and
substances that are designated or de?ned as hazardous by Florida or federal law or by
the rules or regulations of Florida or any federal agency. if work being performed
involves hazardous materials, the Contractor shall procure and maintain any or all of the
following coverage, which will be speci?cally addressed upon review of exposure.

Contractors Pollution Liability Coverage

For sudden and gradual occurrences and in an amount not less than $1,000,000 per
claim arising out of this Agreement, including but not limited to, all hazardous materials
identified under the Agreement.

Asbestos Liability Coverage

For sudden and gradual occurrences and in an amount not less than $1,000,000 per'
claim arising out of work performed under this Agreement.

Disposal Coverage

The Contractor shall designate the disposal site and furnish a Certificate of Insurance
from the disposal facility for Environmental Impairment Liability Insurance, covering
liability for sudden and accidental occurrences in an amount not less than $1,000,000
per claim and shall include liability for non-sudden occurrences in an amount not less
than $1,000,000 per claim.

Hazardous Waste Transportation Coverage

The Contractor shall designate the hauler and furnish a Certificate of Insurance from the
hauler for Automobile Liability insurance with Endorsement M0890 for liability arising out
of the transportation of hazardous materials in an amount not less than $1,000,000 per
claim limit and provide a valid EPA identi?cation number.

Property Coverage (Builder?s Risk)

Coverage must be afforded in an amount not less than 100% of the total project cost,
including soft costs, with a deductible of no more than $26,000 each claim. Coverage
form shall include, but not be limited to:

All Risk Coverage including Flood and Windstorm with no coinsurance clause
Guaranteed policy extension provision

. Waiver of Occupancy Clause Endorsement, which will enable the City to occupy
the facility under construction/renovation during the activity

. Storage and transport of materials, equipment, supplies of any kind whatsoever
to be used on or incidental to the project

0 Equipment Breakdown for cold testing of all mechanized, pressurized, or
electrical equipment

Page 6 of 14

 

This policy shall insure the interests of the owner, contractor, and subcontractors in the
property against all risk of physical loss and damage, and name the CITY as a loss
payee. This insurance shall remain in effect until the work is completed and the property
has been accepted by the CITY.

Workers? Compensation and Employer?s Liability

Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity
performing work for or on behalf of the CITY must provide Workers? Compensation
insurance: Exceptions and exemptions will be allowed by the Risk Manager, if
they are in accordance with Florida Statute.

MIAMI BECKHAM waives, and MIAMI BECKHAM shall ensure that MIAMI 
insurance carrier waives, all subrogation rights against the CITY and the of?cers,
employees, and volunteers for all losses or damages. The CITY requires the policy to be
endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.

MIAMI BECKHAM must be in compliance with all applicable State and federal workers?
compensation laws, including the US. Longshore Harbor Workers? Act and the Jones
Act, if applicable.

Insurance Certi?cate Requirements

a. MIAMI BECKHAM shall provide the CITY with valid Certificates of Insurance
(binders are unacceptable) no later than thirty (30) days prior to the start of work
contemplated in this Agreement.

b. MIAMI BECKHAM shall provide to the CITY a Certificate of Insurance having a
thirty (30) day notice of cancellation; ten (10) days? notice if cancellation is for
nonpayment of premium.

0. In the event that the insurer is unable to accommodate the cancellation notice
requirement, it shall be the responsibility of MIAMI BECKHAM to provide the
proper notice. Such noti?cation will be in writing by registered mail, return receipt
requested, and addressed to the certificate holder.

d. In the event the Agreement term goes beyond the expiration date of the
insurance policy, MIAMI BECKHAM shall provide the CITY with an updated
Certificate of Insurance no later than ten (10) days prior to the expiration of the
insurance currently in effect. The CITY reserves the right to suspend the
Agreement until this requirement is met.

e. The Certi?cate of Insurance shall indicate whether coverage is provided under a
claims-made or occurrence form. If any coverage is provided on a claims-made
form, the Certi?cate of Insurance must show a retroactive date, which shall be
the effective date of the initial contract or prior.

f. The CITY shall be named as an Additional Insured on all liability policies, with the
exception of Workers? Compensation.

Page 7 of 14

 

g. The CITY shall be granted a Waiver of Subrogation on MIAMI 
Workers? Compensation insurance policy.

h. The title of the Agreement, Bid/Contract number, event dates, or other identifying
reference must be listed on the Certificate of Insurance.

The Certificate Holder should read as follows:

City of Fort Lauderdale
100 N. Andrews Avenue
Fort Lauderdale, FL 33301

MIAMI BECKHAM has the sole responsibility for all insurance premiums and shall be
fully and solely responsible for any costs or expenses as a result of a coverage
deductible, co-insurance penalty, or self?insured retention; including any loss not
covered because of the operation of such deductible, co?insurance penalty, self-insured
retention, or coverage exclusion or limitation. Any costs for adding the CITY as an
Additional Insured shall be at MIAMI expense.

If MIAMI primary insurance policy/policies do not meet the minimum
requirements, as set forth in this Agreement, MIAMI BECKHAM may provide evidence of
an Umbrella/Excess insurance policy to comply with this requirement.

MIAMI insurance coverage shall be primary insurance as respects to the
CITY, a Florida municipal corporation, its of?cials, employees, and volunteers. Any
insurance or self-insurance maintained by the CITY, 3 Florida municipal corporation, its
officials, employees, or volunteers shall be non-contributory.

Any exclusion or provision in any insurance policy maintained by MIAMI BECKHAM that
excludes coverage required in this Agreement shall be deemed unacceptable and shall
be considered breach of contract.

All required insurance policies must be maintained until the contract work has been
accepted by the CITY, or until this Agreement is terminated, whichever is later. Any
lapse in coverage shall be considered breach of contract. In addition, MIAMI BECKHAM
must provide to the CITY confirmation of coverage renewal via an updated certificate
should any policies expire prior to the expiration of this Agreement. The CITY reserves
the right to review, at any time, coverage forms and limits of MIAMI 
insurance policies.

MIAMI BECKHAM shall provide notice of any and all claims, accidents, and any other
occurrences associated with this Agreement to MIAMI insurance company
or companies and the Risk Management office, as soon as practical.

It is MIAMI BECKHAM's responsibility to ensure that any and all of MIAMI 
independent contractors and subcontractors comply with these insurance requirements.
All coverages for independent contractors and subcontractors shall be subject to all of
the applicable requirements stated herein. Any and all deficiencies are the responsibility
of MIAMI BECKHAM.

Page 8 of 14

 

9. Joint Preparation. Each party and its counsel have participated fully in the
review and revision of this Interim Agreement and acknowledge that the preparation of this
Interim Agreement has been their joint effort. The language in this Interim Agreement
expresses the mutual intent of each party and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one party than the other.
The language in this Interim Agreement shall be interpreted as to its fair meaning and not strictly
for or against any party.

10. Severability. If any provision of this Interim Agreement, or its application to any
person or situation, is deemed invalid or unenforceable for any reason and to any extent, the
remainder of this Interim Agreement, or the application of the remainder of the provisions, shall
not be affected. Rather, this Interim Agreement is to be enforced to the extent permitted bylaw.
The captions, headings and title of this Interim Agreement are solely for convenience of
reference and are not to affect its interpretation. Each covenant, term, condition, obligation or
other provision of the Interim Agreement is to be construed as a separate and independent
covenant of the party who is bound by or who undertakes it, and each is independent of any
other provision of this Interim Agreement, unless otherwise expressly provided. All terms and
words used in this Interim Agreement, regardless of the number or gender in which they are
used, are deemed to include any other number and other gender, as the context requires.

11. No Waiver of Sovereign Immunity. Nothing contained in this Interim
Agreement is intended to serve as a waiver of sovereign immunity by any agency to which
sovereign immunity may be applicable.

12. No Third Party Beneficiaries. The parties expressly acknowledge that it is not
their intent to create or confer any rights or obligations in or upon any third person or entity
under this Interim Agreement. None of the parties intend to directly or substantially benefit a
third party by this Interim Agreement. The parties agree that there are no third party
beneficiaries to this Interim Agreement and that no third party shall be entitled to assert a claim
against any of the parties based upon this Interim Agreement. Nothing herein shall be construed
as consent by any agency or political subdivision of the State of Florida to be sued by third
parties in any manner arising out of any contract.

13. Non-Discrimination. MIAMI BECKHAM shall not discriminate against any
person in the performance of duties, responsibilities and obligations under this Interim
Agreement because of race, age, religion, color, gender, national origin, marital status, disability
or sexual orientation.

14. Termination. In the event of emergency, the CITY may cancel this Interim
Agreement during the term hereof upon twenty-four (24) hours written notice to the other party
of its desire to terminate this Interim Agreement. Either party may send notice to the other party
at the addresses set forth in the preamble.

15. Breach: A material breach of this Interim Agreement by MIAMI BECKHAM shall
be grounds for the CITY to terminate this Interim Agreement, except that before such
termination, MIAMI BECKHAM shall be entitled to ten (10) days written notice and an
opportunity to cure the breach within such period. Notice of any breach may be sent as provided
in Section 19, Notice, of this Interim Agreement.

16. Entire Agreement. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the

Page 9 of 14

 

matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Interim Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.

17. Governing Law. This Interim Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any controversies or legal
problems arising out of this Interim Agreement, and any action involving the enforcement or
interpretation of any rights hereunder, shall be brought exclusively in the state courts of the
Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of
this Interim Agreement shall be exclusively in such state courts, forsaking any other jurisdiction
which either party may claim by virtue of its residency or other jurisdictional device. By
entering into this Interim Agreement, CITY and MIAMI BECKHAM hereby expressly waive
any rights either party may have to a trial by jury of any civil litigation related to this
Interim Agreement or any acts or omissions in relation thereto.

18. Scrutinized Companies. As a condition precedent to the effectiveness of this
Interim Agreement and as a condition precedent to any renewal of this Interim Agreement,
MIAMI BECKHAM certi?es that it is not on the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised,
and that it is not engaged in a boycott of Israel. The CITY may terminate this Interim Agreement
at the option if MIAMI BECKHAM is found to have submitted a false certi?cation as
provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended
or revised, or been placed on the Scrutinized Companies that Boycott Israel List created
pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is
engaged in a boycott of Israel as defined in Sections 287.135 and 215.4725, Florida Statutes
(2018), as may be amended or revised.

19. Notice. Whenever any party desires to give notice to any other party, it must be
given by written notice sent by electronic mail, followed by registered United States mail, with
return receipt requested, addressed to the party for whom it is intended at the place designated
below and the place so designated shall remain such until they have been changed by written
notice in compliance with the provisions of this section. For the present, the parties designate
the following as the respective places for giving notice:

CITY:

City of Fort Lauderdale

100 North Andrews Avenue

Fort Lauderdale, FL 33301

Attn: City Manager 

With a copy to:
City of Fort Lauderdale
City Attorney?s Of?ce 

100 North Andrews Avenue
Fort Lauderdale, Florida 33301

Page 10 of 14

 

MIAMI BECKHAM:

Stephanie J. Toothaker, Esquire (sit@TrippSoott.com)
Tripp Scott

110 SE Sixth Street, Suite 1500
Fort Lauderdale, FL 33301

BALANCE OF THIS PAGE REMAINS INTENTIONALY 

Page 11 of 14

 

IN WITNESS WHEREOF, the parties hereto, through their duly authorized
representatives, have executed this Interim Agreement to be effective as of the day and year
first set forth above.

CITY OF FORT LAUDERDALE, a Florida
municipal corporation

By:

 

Dean J. Trantaiis, Mayor

By:
Christopher J. Lagerbloom
City Manager

 

ATTEST:

 

Jeffrey A. Modarelli, City-Clerk

APPROVED AS TO FORM:

 

Alain E. Boileau, City Attorney

STATE OF FLORIDA:
COUNTY OF BROWARD:

The foregoing instrument was acknowledged before me this day of
2019, by Dean J. Trantaiis, Mayor of the City of Fort Lauderdale, a
municipal corporation of Florida. He is personally known to me and did not take an oath.

(SEAL)

 

Notary Public Signature

 

Name of Notary Typed
My Commission Expires:

 

Commission Number

Page 12 of 14

 

STATE OF FLORIDA:
COUNTY OF BROWARD:

The foregoing instrument was acknowledged before me this day of April, 2019, by
Christopher J. Lagerbloom, City Manager of the City of Fort Lauderdale, a municipal
corporation of Florida. He is personally known to me and did not take an oath.

(SEAL)

 

Notary Public, State of Florida

 

Name of Notary Typed,
Printed or Stamped
My Commission Expires:

 

Commission Number

BALANCE OF THIS PAGE REMAINS INTENTIONALY 

Page 13 of 14

 

MIAMI BECKHAM UNITED, LLC

By
Pablo Alvarez, Vice-President Secretary

STATE OF FLORIDA:
COUNTY OF BROWARD:

The foregoing instrument was acknowledged before me this day of April, 2019, by Jorge
Mas, on behalf of said corporation. He is personally known to me or produced
as identification and did not take an oath.

 

(SEAL)

 

Notary Public signature

 

Name Typed, Printed or Stamped
My Commission Expires:
Commission Number:

Page 14 of 14

 

EXIHBIT 
CITY AUDITOR MEMORANDUM

 

 

FORT LAUDERDALE in?!

CITY OFFICE

Memorandum

Memo No: 
Date: March 19, 2019

To: Honorable Mayor and Commissioners

From: John Herbst, CPA, CGFO, CGMA
City Auditor

Re: Updated Preliminary Review of the Lockhart Stadium Unsolicited Proposals

 

his is an update to my memo issued on Alarch 17?? to re?ect additional information received
from Inter Miami regarding their ?nancing.

The City of Fort Lauderdale has received two unsolicited proposals for the development of
soccer and related activities at the Lockhart and Fort Lauderdale Stadium sites located adjacent
to the Fort Lauderdale Executive Airport. The two proposers are Miami Beckham United (Inter
Miami) and FXE Futbol. The City Auditor?s Of?ce (GAO) was asked to review the ?nancial

aspects of the two submittalsr

The intent of the review was to evaluate three issues:
1. Do the proposers have ?rm commitments to ?nance the development?
2. Do the methods and assumptions in the business plan seem reasonable?
3. What is the ?nancial impact to the City?

CONCLUSION

At this time, based on the submittals received, the CAD is unable to provide an opinion on the
?nancial merits of the two proposals. They are both conceptual in nature and lack details
regarding the expected revenue to the City or a business plan that would indicate the potential
success for the ventures. Both Inter Miami and FXE Futbol have lined up ?rm commitments for
?nancing.

Question 1. Do the proposers have ?rm commitments available to ?nance the development?

Inter Miami
Inter Miami provided a ?rm commitment from Goldman Sachs for $50 million for development
of the project.

FXE Futbol

 

a; OF 

FXB Futbol provided ?rm commitments from two ?rms for $85 million for development of the
project.

Question 2. Do the methods and assumptions in the business plan seem reasonable?

Scope Limitation - Neither proposal contained a business plan, therefore we were unable to
obtain suf?cient audit evidence to provide a basis for an Opinion as to the reasonableness of
the plans. A scope limitation is a restriction placed on the audit that precludes the CAD
from accomplishing our objectives and plans, including a lack of access to records,
personnel, and documentation relevant to the performance of the engagement.

Question 3. What is the financial impact to the City?

Scope Limitation - Neither proposal contained information regarding proposed lease terms,
profit?sharing potential, etc., therefore we were unable to obtain sufficient audit evidence to
provide a basis for an opinion as to the ?nancial impact to the City. A scope limitation is a
restriction placed on the audit that precludes the CAO from accomplishing our objectives
and plans, including a lack of access to records, personnel, and documentation relevant to
the performance of the engagement.

cc: Chris Lagerbloom, City Manager
Alain Boileau, City Attorney
I eff Modarelli, City Clerk
Linda Logan?Short, Interim Assistant City Manager
Rhoda Mae Kerr, Interim Assistant City Manager

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