HomeMy WebLinkAboutMemo-Scrivener's Error'CITY OF MIAMI P CFIVED
OFFICE OF THE CITY ATTORl CYJAN 15 AM 9: 1
MEMORANDUM OFFICE OF THE CITY CLERK
CITY OF MIAMI
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney
DATE: January 13, 2016
RE: Scrivener's Error — Resolution No. 15-0530, adopted December 10, 2015,
regarding the award of DREAM RFP No. 14-15-024 for the development and
lease of the north riverfront property located at 236 and 298 Southwest North
River Drive, Miami, Florida to Riverside Wharf LLC.
File ID 15-01562
Resolution No. 15-0530, adopted December 10, 2015, awarding DREAM RFP No. 14-
15-024 for the development and lease of the north riverfront property located at 236 and 298
Southwest North River Drive, Miami, Florida to Riverside Wharf LLC contained a scrivener's
error that stated in the body of the Resolution that the minimum guaranteed annual rent was
$195,000.00 instead of the correct amount of $195,500.00 as stated in the title. The scrivener's
error was corrected in the Legistar file under version 3.
VM/B /PRV/vj a
Enclosure(s)
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City of Miami
Legislation
Resolution: R-15-0530
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01562 Final Action Date:12/10/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
FINDING THAT RIVERSIDE WHARF LLC ("PROPOSER") IS THE TOP RANKED
RESPONSIVE AND RESPONSIBLE FIRM PURSUANT TO DEPARTMENT OF REAL
ESTATE AND ASSET MANAGEMENTS REQUEST FOR PROPOSALS ("RFP") NO.
14-15-024 FOR THE DEVELOPMENT AND LEASE OF THE NORTH RIVERFRONT
PROPERTY LOCATED AT 236 AND 298 SOUTHWEST NORTH RIVER DRIVE,
MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A LEASE ("LEASE"), IN SUBSTANTIALLY THE
ATTACHED FORM, AND IN COMPLIANCE WITH ANY AND ALL APPLICABLE
STATE SUBMERGED LANDS LEASE REQUIREMENTS, WITH THE PROPOSER,
FOR AN INITIAL TERM OF THIRTY (30) YEARS, WITH AN OPTION TO RENEW
FOR TWO (2) TEN (10) YEAR TERMS, SAID LEASE PROVIDING A PAYMENT
TERM OF THE GREATER OF EITHER AN ANNUAL BASE RENT OF $195,500.00
("MINIMUM BASE RENT") OR FIFTEEN PERCENT (15%) OF THE GROSS
REVENUES AS DEFINED IN THE LEASE, AND PROVIDING THAT THE MINIMUM
BASE RENT SHALL BE ADJUSTED ON AN ANNUAL BASIS BY THE GREATER OF
THE CONSUMER PRICE INDEX ORATHREE PERCENT (3%) ESCALATOR, WITH
TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LEASE;
FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE DOES NOT
CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNLESS AND UNTIL
THE ELECTORATE HAS CAST A FAVORABLE REFERENDUM VOTE APPROVING
THE TRANSACTION AS REQUIRED BY CITY CHARTER SECTION 29(B).
WHEREAS, the City of Miami ("City") owns the property located at 236 and 298 Southwest North
River Drive, Miami, Florida, 33130 ("Property"); and
WHEREAS, on June 15, 2015, the City's Department of Real Estate and Asset Management
("DREAM") advertised Request for Proposals ("RFP") No. 14-15-024, to solicit proposals for the
development of the Property including planning, design, construction, leasing and management
services; and
WHEREAS, on September 14, 2015, the solicitation period closed, with receipt of one (1) proposal,
from Riverside Wharf LLC ("Proposer"), deemed responsive and responsible in accordance with the
RFP's terms and conditions; and
WHEREAS, pursuant to the RFP, the City Manager appointed an Evaluation Selection Committee
("Committee") to evaluate said responsive and responsible proposal; and
WHEREAS, the Committee met on December 8, 2015 to evaluate the criteria and scoring values
assigned and to render a written Memorandum for Recommendation for Award ("Recommendation") to
the City Manager; and
WHEREAS, the City Manager approved the Committee's Recommendation and submitted the
City of Miami Page 1 of 2 File Id: 15-01562 (Version: 3) Printed On: 1/13/2016
File Number: 15-01562 Enactment Number: R-15-0530
same to the City Commission for their ultimate consideration and approval; and
WHEREAS, the City Commission accepts the Recommendation of the City Manager; and
WHEREAS, the above actions and procedures have been performed in accordance with the
applicable provisions of the Charter and Code of the City of Miami, Florida, and provisions contained
within the RFP;
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 Recommendation of the City Manager approving the findings of the Committee,
pursuant to DREAM RFP No. 14-15-024 for the development and lease of the Property finding that
Proposer is the top ranked firm is accepted.
Section 3. The City Manager is hereby directed{1} to execute a lease ("Lease"), in substantially
the attached form, and in compliance with any and all applicable State submerged lands lease
requirements, with the Proposer, for an initial term of thirty (30) years, with options to renew for two (2)
ten (10) year terms, said Lease providing a payment term of the greater of either an annual base rent
of $195,500.00 ("Minimum Base Rent") or fifteen percent (15%) of the gross revenues as defined in
the Lease, and providing that the Minimum Base Rent shall be adjusted on an annual basis by the
greater of the Consumer Price Index or a three percent (3%) escalator, with terms and conditions
more particularly described in the Lease; further providing that the execution of the Lease does not
confer any contractual rights upon the Proposer unless and until the electorate has cast a favorable
referendum vote approving the transaction as required by City Charter Section 29(B).
Section 4. This Resolution shall become effective immediately upon adoption and signature of the
mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VIVORIA ENDEZ�
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that
may be imposed by the City Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
(10) 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: 15-01562 (Version: 3) Printed On: 1/13/2016