HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: March 23, 2017
RE: City Commission Meeting — March 23, 2017
Retention of Shutts and Bowen LLP as Special Real Estate Counsel for
the Sale/Lease of the Miami Riverside Center and the development of a
new City of Miami administration building.
File No. 1967
Pursuant to Resolution Number No. 16-0611, adopted on December 8, 2016, the
attached Resolution requests authorization to retain Shutts and Bowen LLP as Special
Real Estate Counsel, in consultation with the City Attorney, for the sale/lease of the
Miami Riverside Center and the development of a new City of Miami administration
building with funding to be allocated from Non -Departmental Legal Services Account
No. 00001.980000.531010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Todd B. Hannon, City Clerk
Anna Medina, Agenda Coordinator
VM/BLM/RSR
City of Miami
Legislation
Resolution
File Number: 1967
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:3/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
EXPENDITURE OF ATTORNEY'S FEES AND THE RETENTION OF SHUTTS &
BOWEN LLP AS SPECIAL REAL ESTATE COUNSEL, IN CONSULTATION WITH THE
CITY ATTORNEY, IN MATTERS SET FORTH IN CITY RESOLUTION NO. 16-0611
FOR THE DEVELOPMENT OF A NEW CITY OF MIAMI ADMINISTRATION BUILDING;
WAIVING CONFLICTS OF INTEREST AS PROVIDED HEREIN; ALLOCATING FUNDS
FROM THE NON -DEPARTMENTAL LEGAL SERVICES ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, pursuant to Resolution No. 16-0611, adopted on December 8, 2016, the
City Commission conceptually approved the sale or long term lease of the Miami Riverside
Center ("MRC") subject to the City Commission's consideration and approval of a long term
lease, or conveyance by deed document, with satisfactory financial and business terms and in
compliance with all applicable laws as contemplated in Offering Memorandum ("OM") No. 15-
16-008; and
WHEREAS, pursuant to Resolution No. 16-0611, the City Commission also approved
the implementation of Request for Proposal ("RFP") No. 15-06-009 for the construction of a new
City of Miami ("City") Administration Building to house the City Administration that is accessible,
efficient and productive for the public, invitees, and all persons and firms transacting business
with the City; and
WHEREAS, the interrelated OM and RFP present complex issues and have various
financial and business implications and impacts that indicate it is in the best interests of the City
to retain special counsel for real estate legal representation and negotiation to effectuate the
performance of the related OM and RFP as envisioned in Resolution No. 16-0611; and
WHEREAS, the Office of the City Attorney requests authorization to retain the law firm of
Shutts and Bowen LLP ("Firm") as Special Real Estate Counsel for this express purpose; and
WHEREAS, the Firm is a well -established law firm with a number of clients including
clients with adverse interests to the City and other clients who seek permission/permits from the
City;
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 retention of the Firm as Special Real Estate Counsel to assist the City
Administration in negotiating and effectuating the transaction, in consultation with the City
Attorney, as set forth in Resolution No. 16-0611 is authorized.
Section 3. The expenditure of attorney's fees for the retention of the Firm with funds
allocated from Non -Departmental Legal Services Account No.
00001.980000.531010.0000.00000 is authorized.
Section 4. The City Commission hereby waives all conflicts of interest arising from the
Firm's representation of clients that exist as of the date of adoption of this Resolution.
Section 5. The City Commission hereby waives all future conflicts of interest arising
from the Firm's representation of clients in matters related to Land Use and Zoning,
Procurement Transactions, Public Private Transactions and Affordable Housing that may arise
in the future.
Section 6. The City Commission does not waive any conflicts of interest arising from the
Firm's representation of clients in matters not waived in Sections 4 and 5 above provided,
however, that the City Commission may consider any waiver in the future not specifically
authorized herein.
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 3/14/2017
1 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.