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HomeMy WebLinkAboutR-23-0547City of Miami Resolution R-23-0547 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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, FOR A 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: 7/18/2025 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 authorized1 to execute the Amended Facility Agreement, in substantially the form attached and incorporate as Exhibit "A," between the City and Adler whereby Adler shall manage the development and construction of the new City Administrative Facility for a fee not to exceed five percent (5%) 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. 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. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 12/5/2023 ndez, City ttor 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. City of Miami Page 2 of 2 File ID: 15141 (Revision: A) Printed on: 7/18/2025