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HomeMy WebLinkAboutLegislation-SUBCity of Miami Resolution R-23-0547 Legislation City H911f, ,' if 3506rici Iwo Mi rif%,F e331") C Wj4rw. m i a r g oy. com .9. yJ f Opc• 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 )- a a " H m O 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 _ M a z� o 3z H 2 W H Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: ria deS i, Ciry ttor ria 12/5/2023 di,Attor y c:= Xam 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. 3 ri C) m rn 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 City -all 3500 Pan erican Drive Miam L 33133 www. amigov.pom Fi Action Dat HMENT(),.;, ' ,�C= 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 1 ey ) 12/5/2023 O m snow 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