HomeMy WebLinkAboutLegislation-SUBCity of Miami
Resolution R-23-0547
Legislation
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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, FORA 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:
City of Miami
Page 1 of 2 File ID: 15141 (Revision: A) Printed On: 1/19/2024
15 I I 1,-ect s1all on- Sug
File ID: 15141 Enactment Number: R-23-0547
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 authorized' to execute the Amended Facility z z W
Agreement, in substantially the form attached and incorporate as Exhibit "A," between the City P- u M
and Adler whereby Adler shall manage the development and construction of the new City m a o
Administrative Facility for a fee not to exceed five percent (5%) of actual expenditures H ▪ z a
consistent with approved project budgets and further consistent with all legal requirements, m 3 H
including those for public financing, continuing disclosures, and ongoing compliance therefor. H p )-
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Section 3. Authorizing' the City Manager to negotiate and execute any and all 1 x o
o necessary documents including, but not limited to amendments, renewals and extensions, all in ,Z a W
forms acceptable to the City Attorney. 2 CO _
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Section 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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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.
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City of Miami Page 2 of 2 File ID: 15141 (Revision: A) Printed on: 1/19/2024
City of Miami
Legislation
Resolution
File Number: 15141
A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATT
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDE
DEVELOPMENT MANAGEMENT AND CONSTRUCTION AGRE
FACILITY AGREEMENT"), BETWEEN THE CITY OF MIAMI ("C
DEVELOPMENT MANAGER, LLC ("ADLER") WHEREBY ADL
THE DEVELOPMENT AND CONSTRUCTION OF THE CITY'
ADMINISTRATIVE BUILDING, INCLUDING NECESSARY
(COLLECTIVELY, "NEW FACILITY"), LOCATED AT 180
AVENUE, MIAMI, FLORIDA 33125, FOR A FEE NOT T
(5%) OF ACTUAL EXPENDITURES, CONSISTENT
BUDGETS, AND FURTHER CONSISTENT WITH A
INCLUDING THOSE FOR PUBLIC FINANCING, C
ONGOING COMPLIANCE THEREOF, AS MOR
THE AMENDED FACILITY AGREEMENT, ATT
EXHIBIT "A"; FURTHER AUTHORIZING TH
EXECUTE ANY AND ALL NECESSARY D
LIMITED TO AMENDMENTS, RENEWAL
ACCEPTABLE TO THE CITY ATTORN
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Miam L 33133
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AND RESTATED 15. 'd
ENT ("AMENDED,. $-
') AND ADLER � •/j
SHALL MANAGE '
NEW
RKING
ORTHWEST 37TH
EXCEED FIVE PERCENT
H THE APPROVED PROJECT
LEGAL REQUIREMENTS,
NTINUING DISCLOSURES, AND
ARTICULARLY SET FORTH IN
HED AND INCORPORATED AS
ITY MANAGER TO NEGOTIATE AND
UMENTS INCLUDING, BUT NOT
AND EXTENSIONS, ALL IN FORMS
WHEREAS, on December 8, 201 ' , the City of Miami ("City") adopted Resolution No. R-
16-0611 selecting Lancelot Miami Riv- LLC ("Lancelot") and authorizing the City Manager to
negotiate necessary agreements for e development of a new City Administrative Facility; and
WHEREAS, on June 27, 9, 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 n= City Administrative Facility; and
WHEREAS, on Ju 9, 2022, the City adopted Resolution No. R-22-0218 directing the
City Manager to negotiat- an Amended and Restated Development Management &
Construction Agreeme for the selection of the 1802 Northwest 37TH Avenue, Miami, Florida
33125, Folio No. 01- 32-000-0090 ("Melreese Site") as the new location for the Administration
Project, subject to y Commission approval prior to execution; and
WHERE, ., on June 13, 2022, Lancelot and Adler entered into an Assignment and
Assumption A• eement, whereby Lancelot assigned and Adler assumed all rights and
obligations o ancelot described in the Development Management and Construction
Agreemen
OW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIA FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
opted by reference and incorporated as fully set forth in this Section.
W
1-
Section 2. The City Manager is hereby authorized' to execute the Amended Facil y
Agreement, in substantially the form attached and incorporate as Exhibit "A," between t City
and Adler whereby Adler shall manage the development and construction of the New cility for
a fee not to exceed five percent (5%) of actual expenditures consistent with approv- project
budgets and further consistent with all legal requirements, including those for pub!' financing,
continuing disclosures, and ongoing compliance therefor.
Section 3. Authorizing the City Manager to negotiate and execute a
documents including, but not limited to amendments, renewals and extens
acceptable to the City Attorney.
and all necessary
s, all in forms
Section 4. This Resolution shall become effective immediate upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
lez, i tto
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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.
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.
SUBSTITUTED