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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15141 Date: 11/30/2023 Commission Meeting Date: 12/14/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: All Type: Resolution Subject: Authorized Amended DMCA - ADLER Development Manager LLC Purpose of Item: Amending the Development Management and Construction Agreement (DCMA) between Lancelot Miami River, LLC and the City of Miami for the development of the New City Administrative Facility. Background of Item: We need to have the City Commission Authorize the City Manager to execute the amendment to the DCMA. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $292,198,935 Start Up Capital Cost: $292,198,935 Funding source Future bond Reviewed B Department of Real Estate and Asset Management Review Completed 11/30/2023 12:08 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Clerk Larry M. Spring Arthur Noriega V Valentin J Alvarez James Brako Victoria Mendez IQM2 Admin Valentin J Alvarez James Brako Victoria Mendez City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Legislative Division Review ACA Review Approved Form and Correctness Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 11/30/2023 2:06 PM 12/04/2023 11:45 AM 12/05/2023 3:39 PM 12/05/2023 4:27 PM 12/05/2023 6:34 PM 12/05/2023 7:01 PM 12/05/2023 8:07 PM 12/14/2023 9:00 AM 01/17/2024 8:48 AM 01/17/2024 4:14 PM 01/19/2024 8:40 AM 01/19/2024 8:42 AM City of Miami Legislation Resolution Enactment Number: R-23-0547 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15141 Final Action Date:12/14/2023 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED DEVELOPMENT MANAGEMENT AND CONSTRUCTION AGREEMENT ("AMENDED FACILITY AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND ADLER DEVELOPMENT MANAGER, LLC ("ADLER") WHEREBY ADLER SHALL MANAGE THE DEVELOPMENT AND CONSTRUCTION OF THE CITY'S NEW ADMINISTRATIVE BUILDING, INCLUDING NECESSARY PARKING (COLLECTIVELY, "NEW FACILITY"), LOCATED AT 1802 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA 33125, FOR A FEE NOT TO EXCEED FIVE PERCENT (5%) OF ACTUAL EXPENDITURES, CONSISTENT WITH THE APPROVED PROJECT BUDGETS, AND FURTHER CONSISTENT WITH ALL LEGAL REQUIREMENTS, INCLUDING THOSE FOR PUBLIC FINANCING, CONTINUING DISCLOSURES, AND ONGOING COMPLIANCE THEREOF, AS MORE PARTICULARLY SET FORTH IN THE AMENDED FACILITY AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING, BUT NOT LIMITED TO AMENDMENTS, RENEWALS AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, on December 8, 2016, the City of Miami ("City") adopted Resolution No. R- 16-0611 selecting Lancelot Miami River, LLC ("Lancelot") and authorizing the City Manager to negotiate necessary agreements for the development of a new City Administrative Facility; and WHEREAS, on June 27, 2019, the City adopted Resolution No. R-19-0255 authorizing the City Manager to enter into a Development Management and Construction Agreement with Lancelot with respect to the new City Administrative Facility; and WHEREAS, on June 9, 2022, the City adopted Resolution No. R-22-0218 directing the City Manager to negotiate an Amended and Restated Development Management & Construction Agreement for the selection of the 1802 Northwest 37th Avenue, Miami, Florida 33125, Folio No. 01-3132-000-0090 ("Melreese Site") as the new location for the Administration Project, subject to City Commission approval prior to execution; and WHEREAS, on June 13, 2022, Lancelot and Adler entered into an Assignment and Assumption Agreement, whereby Lancelot assigned and Adler assumed all rights and obligations of Lancelot described in the Development Management and Construction Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is hereby authorized1 to execute the Amended Facility Agreement, in substantially the form attached and incorporate as Exhibit "A," between the City and Adler whereby Adler shall manage the development and construction of the new City Administrative Facility for a fee not to exceed five percent (5%) of actual expenditures consistent with approved project budgets and further consistent with all legal requirements, including those for public financing, continuing disclosures, and ongoing compliance therefor. Section 3. Authorizing' the City Manager to negotiate and execute any and all necessary documents including, but not limited to amendments, renewals and extensions, all in forms acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: ey 12/5/2023 jV t6ria ndez, iky Aktor ey 1/19/2024 Note #1: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. NOTE #2: Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of the original version. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.