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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution: R-16-0611 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1292 Final Action Date: 12/8/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE CITY MANAGER'S RECOMMENDATION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE THAT LANCELOT MIAMI RIVER, LLC, AN AFFILIATE OF THE ADLER GROUP ("PROPOSER"), IS THE TOP RANKED PROPOSER FOR BOTH OFFERING MEMORANDUM ("OM") NO. 15-16-008 FOR THE LEASE/SALE OF THE CITY OF MIAMI'S ("CITY") MIAMI RIVERSIDE CENTER ("MRC") AND REQUEST FOR PROPOSALS ("RFP") NO. 15-16-009 FOR THE DEVELOPMENT OF A NEW CITY ADMINISTRATIVE FACILITY; AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS WITH THE PROPOSER AND FINALIZE THE NECESSARY AGREEMENTS FOR THE LEASE/SALE OF THE MIAMI RIVERSIDE CENTER AND DEVELOPMENT OF A NEW CITY ADMINISTRATIVE FACILITY, WHICH AGREEMENTS SHALL BE SUBJECT TO THE LEGAL REVIEW OF THE CITY ATTORNEY AND PRESENTED TO THE CITY COMMISSION FOR FINAL CONSIDERATION, REVIEW AND APPROVAL, ALL OF WHICH ARE TO OCCUR PRIOR TO ANY EXECUTION; AUTHORIZING THE CITY ATTORNEY TO RETAIN SPECIAL REAL ESTATE COUNSEL TO ASSIST THE CITY MANAGER WITH THE NEGOTIATION AND COMPLETION OF THE AGREEMENTS FOR SAID PURPOSE, IN CONSULTATION WITH THE CITY ATTORNEY; DIRECTING THAT THE SPECIAL REAL ESTATE COUNSEL AND CITY ADMINISTRATION SEEK THE GREATEST FINANCIAL RETURN TO THE CITY AS A RESULT OF NEGOTIATIONS; DIRECTING THE INCLUSION OF AFFORDABLE HOUSING WITHIN THE RESIDENTIAL PORTIONS OF ANY SALE/LEASE AND DEVELOPMENT OF THE MRC, WITHIN THE PARAMETERS SET FORTH IN THE COMPETITIVE SOLICITATION DOCUMENTS CONSISTING OF THE OM AND THE RFP; FURTHER PROVIDING THAT THE SELECTION DOES NOT CONSTITUTE AN AWARD OF EITHER THE OM OR RFP, OR CONFER ANY CONTRACTUAL OR PROPERTY RIGHTS UPON THE PROPOSER UNLESS AND UNTIL THE APPLICABLE AGREEMENTS ARE APPROVED BY THE CITY COMMISSION AND THE ELECTORATE HAS CAST A FAVORABLE VOTE APPROVING THE LEASE/SALE OF THE MRC AS REQUIRED BY SECTIONS 29-B AND 3(F)(III) OF THE CHARTER OF THE CITY OF MIAMI, AND ALL APPLICABLE LAWS HAVE BEEN FOLLOWED AS TO THE AWARD OF THE RFP. WHEREAS, the City of Miami ("City") owns the riverfront property located at 444 Southwest 2nd Avenue, Miami, Florida 33130 commonly known as the Miami Riverside Center ("MRC"); and WHEREAS, the City is interested in moving the City's administrative facility from the MRC to another location to accommodate the increasing number of the City's administrative employees and meet the growing needs of the City's residents; and City of Miami Page 1 of 3 File ID: 1292 (Revision: A) Printed On: 5/3/2021 File ID: 1292 Enactment Number: R-16-0611 WHEREAS, on February 2, 2016, the City issued a competitive solicitation, inclusive of Offering Memorandum No. 15-16-008 ("OM") for the sale/lease of the MRC and Request for Proposals No. 15-16-009 ("RFP"), for the development of a new City administrative facility; and WHEREAS, two (2) proposals were received in response to the OM and one (1) proposal was received in response to the RFP; and WHEREAS, pursuant to the OM and the RFP, the City Manager appointed the Selection Committee ("Committee") consisting of five (5) members comprised of one (1) professional City staff member and four (4) non -City representatives to evaluate proposals received in response to the OM and the RFP; and WHEREAS, the Committee met on August 25, 2016 to evaluate the criteria and scoring values assigned, determine a rank order based on the score achieved, and render a written Memorandum for Recommendation for Final Selection to the City Manager; and WHEREAS, the Committee recommended Lancelot Miami River, LLC, an affiliate of Adler Group ("Proposer"), as the top ranked bidder; and WHEREAS, the City Manager approved the recommendation of the Committee and transmitted to the City Commission his recommendation; and WHEREAS, the passage of this Resolution is simply a conceptual approval to proceed as stated herein and does not constitute an award of either the OM or the RFP, or confer any contractual or property rights upon the Proposer unless and until the applicable agreements are approved by the City Commission and the electorate has cast a favorable vote approving the lease/sale of the MRC, as required by Sections 29-B and 3(f)(iii) of the City of Miami Charter ("City Charter"), and all applicable laws are followed regarding the award of the RFP; and WHEREAS, any future agreements will recognize existing utility easements and State of Florida related submerged land rights; and WHEREAS, the above actions and procedures have been performed in accordance with all applicable provisions of the City Charter, the Code of the City of Miami, Florida, as amended, the OM, and the RFP; and WHEREAS, pursuant to the recommendations of the Committee and the City Manager, and considering the highly specialized nature of these complex transactions, the City Attorney is authorized to retain special real estate counsel for the negotiation and completion of the applicable agreements; and WHEREAS, the City Commission directs that the special real estate counsel and City Administration should seek the greatest financial return to the City as part of the negotiations; and WHEREAS, the City Commission desires the inclusion of affordable housing within the residential portions of any sale/lease and development of the MRC, as allowed within the parameters set forth of the competitive solicitation document consisting of the OM and the RFP; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 1292 (Revision: A) Printed on: 5/3/2021 File ID: 1292 Enactment Number: R-16-0611 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's recommendation to approve the Recommendation of the Committee is accepted. Section 3. The City Manager is hereby authorized' to finalize negotiations with the Proposer and to finalize the agreements necessary for the lease/sale of the MRC and development of a new City administrative facility, subject to the legal review of the City Attorney, and subject to final consideration, review and approval by the City Commission, all of which are to occur prior to any execution. Section 4. The City Attorney is authorized to retain special real estate counsel to assist the City Manager with the negotiation and completion of the agreements for said purpose, in consultation with the City Attorney. Section 5. The City Commission hereby directs the special real estate counsel and the City Administration to seek the greatest financial return to the City as part of the negotiations. Section 6. The City Commission City directs the inclusion of affordable housing within the residential portions of any sale/lease and development of the MRC, as allowed within the parameters set forth of the competitive solicitation document consisting of the OM and the RFP. Section 7. The City's selection of the Proposer does not constitute an award of either the OM or the RFP, or confer any contractual or property rights upon the Proposer, unless and until the applicable agreements are in a form acceptable to the City Attorney, approved by the City Commission, and until the electorate has cast a favorable vote approving the lease/sale of the MRC, as required by Sections 29-B and 3(f)(iii) of the City Charter, and all applicable laws have been followed as to the award of the RFP. Section 8. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: i"r endezk , City Attor ey 3/22/2017 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 City 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 3 of 3 File ID: 1292 (Revision: A) Printed on: 5/3/2021 City of Miami Legislation Resolution: R-19-0050 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5408 Final Action Date: 1/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE CITY MANAGER'S RECOMMENDATION ADOPTING THE RECOMMENDATION BY CBRE, INC. TO SELECT THE NEXUS RIVERSIDE SITE, LOCATED AT 230 SOUTHWEST 3 STREET, MIAMI, FLORIDA ("NEXUS SITE"), AS THE LOCATION FOR THE NEW CITY OF MIAMI ("CITY") ADMINISTRATIVE BUILDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE NECESSARY AGREEMENTS FOR THE DEVELOPMENT OF A NEW CITY ADMINISTRATIVE FACILITY ON THE NEXUS SITE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND PRESENT TO THE CITY COMMISSION FOR FINAL APPROVAL PRIOR TO EXECUTION; FURTHER PROVIDING THAT THE SELECTION OF THE NEXUS SITE DOES NOT CONSTITUTE AN AWARD OR CONFER ANY CONTRACTUAL, OR PROPERTY, RIGHTS UPON THE LANCELOT MIAMI RIVER, L.L.C. UNLESS AND UNTIL THE APPLICABLE AGREEMENTS ARE APPROVED BY CITY COMMISSION AND EXECUTED BY THE PARTIES. WHEREAS, the City of Miami ("City") owns the riverfront property located at 444 Southwest 2nd Avenue, Miami, Florida, commonly known as the Miami Riverside Center ("MRC"); and WHEREAS, the City is interested in moving the City's administrative facility from the MRC to another location in order to accommodate the increasing number of the City's administrative employees and meet the growing needs of the City's residents and businesses; and WHEREAS, on February 2, 2016 the City issued a competitive solicitation, inclusive of Offering Memorandum No. 15-16-008 ("OM") for the sale/lease of the MRC, and Request for Proposals No. 15-16-009 ("RFP") for the development of a new City administrative facility (collectively the "OM & RFP"); and WHEREAS, pursuant to Resolution No. 16-0611, adopted on December 8, 2016, the City Commission approved the City Manager's and Selection Committee's recommendation to select the top -ranked bidder, Lancelot Miami River, LLC, an affiliate of Adler Group ("Lancelot"); and WHEREAS, pursuant to Resolution No. 18-0324, adopted on July 26, 2018, the City Commission approved the ballot language for the MRC sale and development of a new administrative facility; and WHEREAS, together with the ballot language, the City Commission also directed the City Manager to review all City -owned properties and prepare an analysis and report for the most ideal site upon which the new facility may be located; and City of Miami Page 1 of 3 File ID: 5408 (Revision:) Printed On: 5/3/2021 File ID: 5408 Enactment Number: R-19-0050 WHEREAS, on November 6, 2018, the lease/sale of the MRC was approved by the electorate; and WHEREAS, the City and CBRE, Inc. ("CBRE") prepared a site selection analysis considering the various sites available for the new administrative building, including the privately -owned property immediately adjacent to the north of the MRC, located at 230 Southwest 3 Street, Miami, Florida ("Nexus Site"); and WHEREAS, the Nexus Site provides substantial benefits, including but not limited to, the site's centralized downtown location, adjacency to major thoroughfares and proximity to public transportation, ease of access, familiarity to employees and residents, long term property value appreciation, least amount of risk for land availability and fastest delivery of development; and WHEREAS, a final decision concerning the site location is necessary for the City to negotiate and finalize the corresponding agreements ("Agreements") and bring the same before City Commission for approval; 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's recommendation to approve the recommendation by CBRE to select the property located at 230 Southwest 3 Street, Miami, Florida ("Nexus Site") as the location for the new City of Miami administrative building is accepted. Section 3. The City Manager is hereby authorized' to negotiate the Agreements, in a form acceptable to the City Attorney, with Lancelot for the development of the new City administrative facility on the Nexus Site, subject to City Commission for final review, consideration and possible approval prior to execution. Section 4. The City's selection of the Nexus Site does not constitute an award or confer any contractual or property rights upon Lancelot, unless and until the applicable Agreements are reviewed and approved by the City Attorney, approved by the City Commission, and executed by authorized officers of the City and Lancelot. Section 5. If the City Commission does not approve the applicable Agreements the City reserves all rights to consider other sites mentioned in the CBRE Site Selection and Cost/ Benefit Analysis for a new Administrative Facility submitted to the City in December 2018. Section 6. This Resolution shall become effective immediately upon adoption and signature of the mayor.2 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 City 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 3 File ID: 5408 (Revision:) Printed on: 5/3/2021 File ID: 5408 Enactment Number: R-19-0050 APPROVED AS TO FORM AND CORRECTNESS: "ndez, ity Attar City of Miami Page 3 of 3 File ID: 5408 (Revision:) Printed on: 5/3/2021 City of Miami Legislation Resolution: R-19-0255 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5971 Final Action Date: 6/27/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DEVELOPMENT MANAGEMENT AND CONSTRUCTION AGREEMENT ("NEW FACILITY AGREEMENT"), IN CONSULTATION WITH THE CITY'S FINANCING TEAM OF CITY MANAGER, DEPUTY CITY MANAGER, CHIEF FINANCIAL OFFICER, BUDGET DIRECTOR, FINANCE DIRECTOR, FINANCIAL ADVISOR, RISK MANAGEMENT DIRECTOR, CITY ATTORNEY, BOND COUNSEL, AND SPECIAL REAL ESTATE COUNSEL, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, BETWEEN THE CITY OF MIAMI ("CITY") AND LANCELOT MIAMI RIVER, LLC ("LANCELOT"), WHEREBY LANCELOT SHALL MANAGE THE DEVELOPMENT AND CONSTRUCTION OF THE CITY'S NEW ADMINISTRATIVE BUILDING, INCLUDING NECESSARY PARKING (COLLECTIVELY, "NEW FACILITY") FOR A FEE NOT TO EXCEED FOUR PERCENT (4%) 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 THEREFORE. WHEREAS, the City of Miami ("City") owns the riverfront property located at 444 and 460 Southwest 2nd Avenue, Miami, Florida 33130, commonly known as the Miami Riverside Center ("MRC"); and WHEREAS, Lancelot Miami River, LLC, an affiliate of Adler Group ("Lancelot") owns the property adjacent to the MRC located at 230 Southwest 3 Street, Miami, Florida 33130 ("Nexus Site"); and WHEREAS, the City is interested in developing a new City administrative facility, including necessary parking, to accommodate the increasing number of the City's administrative employees and meet the growing needs of the City's residents; and WHEREAS, on February 2, 2016, the City issued a competitive solicitation, inclusive of Offering Memorandum No. 15-16-008 ("OM") for the disposition of the MRC, and Request for Proposals No. 15-16-009 ("RFP") for the development of a new City administrative facility, including necessary parking (collectively the "OM & RFP"); and WHEREAS, pursuant to Resolution No. 16-0611, adopted on December 8, 2016, the City Commission approved the City Manager's and Selection Committee's recommendation to select Lancelot, the top -ranked bidder for the OM & RFP; and WHEREAS, pursuant to Resolution No. 18-0324, adopted on July 26, 2018, the City Commission approved (1) the ballot language for the MRC sale and the design and City of Miami Page 1 of 3 File ID: 5971 (Revision: A) Printed On: 5/3/2021 File ID: 5971 Enactment Number: R-19-0255 development of a new administration building, together with (2) an initial term sheet, attached thereto, for the ground lease of the MRC; and WHEREAS, as backup information in connection with Resolution No. 18-0324, an initial proposed term sheet for the development, management, and construction of the new administrative building and related necessary parking (collectively, "New Facility") was included but not attached to the resolution for authorization, because at that time the material terms could not yet be determined, inter alia, for the location, type of financing, and financing amount of the New Facility; and WHEREAS, on November 6, 2018, the disposition of the MRC and the design and development of a new administrative building were approved by the electorate; and WHEREAS, pursuant to Resolution No. 19-0050, adopted on January 24, 2019, the City commission selected the Nexus Site as the ideal location for the City's New Facility; and WHEREAS, pursuant to Resolution No. 17-0266, adopted on June 8, 2017, the City Commission authorized the retention of Weiss Serota Helfman Cole & Bierman as Special Real Estate Counsel ("Special Real Estate Counsel") to negotiate the MRC Lease, as defined herein, pursuant to Resolution No. 16-0611; and WHEREAS, the City has finalized negotiations of the terms for the lease of the MRC ("MRC Lease"); and WHEREAS, upon the determination today by the City Commission of the type and amount of financing for the New Facility, then hereafter the City's Finance Team of City Manager, Deputy City Manager, Chief Financial Officer, Finance Director, Budget Director, Risk Management Director, Financial Advisor, City Attorney, Bond Counsel and Special Real Estate Counsel, will be able to negotiate and finalize the terms for the New Facility development management and construction agreement ("New Facility Agreement") consistent with an approved New Facility project budget and further consistent with all legal requirements, including those for public financing, continuing disclosures, and ongoing compliance therefor; and WHEREAS, the New Facility Agreement provides for Lancelot to manage the development and construction of the City's New Facility, located on a portion of the Nexus Site; and WHEREAS, the City's New Facility is estimated to cost approximately one hundred forty million dollars ($140,000,000.00), inclusive of hard costs (including infrastructure), soft costs, and relocation costs, and further inclusive of land costs that shall not exceed twenty million dollars ($20,000,000.00), for a cost of development not to exceed one hundred and forty million dollars ($140,000,000.00) under the New Facility Agreement; and WHEREAS, after discussion on the floor at the June 27,2019 public hearing, the City Commission has initially determined to publicly finance the New Facility through a tax-exempt or taxable special obligation bonds or any other financing mechanism advantageous to the City, in a form acceptable to the City Attorney and Bond Counsel, in a total maximum aggregate principal amount not to exceed one hundred and fifty million dollars ($150,000,000.00), including costs of issuance and other incidental costs for this type of public financing, subject to further review of the tax-exempt components and taxable components with the City's Financial City of Miami Page 2 of 3 File ID: 5971 (Revision: A) Printed on: 5/3/2021 File ID: 5971 Enactment Number: R-19-0255 Advisor and Bond Counsel with final bond issuance authorization to return to City Commission for approval; 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 negotiate and execute a New Facility Agreement, in consultation with the City's Financing Team of City Manager, Deputy City Manager, Chief Financial Officer, Budget Director, Finance Director, Financial Advisor, Risk Management Director, City Attorney, Bond Counsel, and Special Real Estate Counsel, in a form acceptable to the City Attorney and Bond Counsel, between the City and Lancelot whereby Lancelot shall manage the development and construction of the New Facility for a fee not to exceed four percent (4%) 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. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Outside Counsel Outside Counsel 1/15/2020 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 City 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 3 of 3 File ID: 5971 (Revision: A) Printed on: 5/3/2021