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HomeMy WebLinkAboutR-06-0537City of Miami Legislation Resolution: R-06-0537 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01263 Final Action Date: 9/12/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH STAUBACH COMPANY, NORTHEAST ("STAUBACH"), FOR THE PURPOSE OF PROVIDING REAL ESTATE AND FINANCIAL ADVISORY SERVICES IN CONNECTION WITH THE POTENTIAL DISPOSITION OF THE JAMES L. KNIGHT CENTER COMPLEX; PROVIDING FOR A FEE OF $200,000, FOR PHASE 1 SERVICES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. 311047 AND 344102 UNDER B#70500; PROVIDING THAT IN THE EVENT THE CITY OF MIAMI ("CITY") ELECTS TO PROCEED WITH DISPOSITION OF THE PROPERTY, OR PORTIONS THEREOF, STAUBACH SHALL PROVIDE MARKETING AND DISPOSITION SERVICES FOR WHICH THEY WILL BE PAID A COMMISSION OF 1.5% OF THE FIRST $15 MILLION OF SALE PROCEEDS AND 3% OF SALES PROCEEDS IN EXCESS OF $15 MILLION, PER TRANSACTION, AND THE INITIAL $200,000 FEE DUE FOR PHASE 1, SHALL BE CREDITED AGAINST THE COMMISSION EARNED; PROVIDING THAT IN THE EVENT THE CITY WISHES TO ACQUIRE ANY OF THE VARIOUS INTERESTS FOR THE PURPOSE OF FACILITATING THE OVERALL DISPOSITION OF THE PROPERTY, STAUBACH SHALL BE PAID 2% OF THE PURCHASE PRICE; FURTHER PROVIDING THAT STAUBACH MAY RECEIVE UP TO $50,000, IN REIMBURSABLE EXPENSES ASSOCIATED WITH ENGAGING THE SERVICES OF AN ARCHITECTURAL FIRM, APPROVED BY THE CITY, TO STUDY RE -USE CONCEPTS. WHEREAS, on January 18, 2006, the City of Miami ("City") issued a Request for Letters of Interest ("RFLI"') seeking a qualified firm with extensive real estate financial advisory background and experience to provide negotiation and financial advisory services to the City in connection with the potential sale of the James L. Knight Center complex (the "Property") located in downtown Miami; WHEREAS, the Property encompasses the City's Convention Center and the sites of the Hyatt Hotel and University of Miami Conference Center located at 400 Southeast 2 Avenue, Miami, Florida; the Parking Garage located at 100 Southeast 2 Street, Miami, Florida; and the walkway between the Office Tower and the Convention Center; and WHEREAS, two (2) proposals were received and evaluated by the Evaluation Committee; and WHEREAS, on April 6, 2006, the City Commission adopted Resolution No. 06-211, authorizing the negotiation of a contract with the top -ranked firm, Staubach Company, Northeast Inc. ("Staubach") and in the event negotiations failed, to negotiate with the second ranked firm, Cushman and Wakefield, Inc.; and WHEREAS, the City and Staubach have finalized negotiations; City of Miami Page 1 of 2 File Id: 06-01263 (Version: 1) Printed On: 2/15/2017 File Number: 06-01263 Enactment Number: R-06-0537 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 if fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, with Staubach, for the purpose of providing real estate and financial advisory services in connection with the potential disposition of the James L. Knight Center complex, with said agreement to provide for a fee of $200,000, for Phase 1 of the services, with funds allocated from Capital Improvement Project Nos. 311047 and 344102 under B#70500. Section 3. In the event the City elects to proceed with disposition of the property, or portions thereof, Staubach will provide marketing and disposition services for which they shall be paid a commission of 1 . 5 % of the first $15 million of sale proceeds and 3% of sale proceeds in excess of $15 million, per transaction, and the initial $200,000 fee due for Phase 1 shall be credited against the commission earned. Section 4. In the event the City wishes to acquire any of the various interests for the purpose of facilitating the overall disposition of the property, Staubach shall be paid 2% of the purchase price and Staubach may receive up to $50,000, in reimbursable expenses associated with engaging the services of an architectural firm, approved by the City, to study re -use concepts. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may I: imposed by the City Attorney, including but not limited to those prescribed by applicable City Chart and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 06-01263 (Version: 1) Printed On: 2/15/2017