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HomeMy WebLinkAboutPre-LegislationCity 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: 1/19/2024 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 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 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: 1/19/2024 City of Miami Resolution R-22-0218 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12039 Final Action Date: 6/9/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION SELECTING THE PROPERTY LOCATED GENERALLY AT 1802 NW 37TH AVENUE, MIAMI, FLORIDA 33125, FOLIO NO. 01-3132-000-0090, AS THE NEW LOCATION FOR THE NEW CITY OF MIAMI ("CITY") ADMINISTRATIVE BUILDING ("MELREESE SITE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE NECESSARY AND APPROPRIATE AGREEMENT(S) AND/OR AMENDMENT(S) BETWEEN THE CITY AND LANCELOT MIAMI RIVER, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LANCELOT"), FOR THE DEVELOPMENT OF THE CITY'S NEW ADMINISTRATIVE BUILDING AT THE MELREESE SITE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO CITY COMMISSION APPROVAL PRIOR TO EXECUTION; FURTHER PROVIDING THAT THE CITY'S SELECTION OF THE MELREESE SITE DOES NOT CONFER ANY CONTRACTUAL OR PROPERTY RIGHTS UPON LANCELOT, UNLESS AND UNTIL THE APPLICABLE AGREEMENT(S) AND/OR AMENDMENT(S) ARE REVIEWED AND APPROVED BY THE CITY ATTORNEY, APPROVED BY THE CITY COMMISSION, AND EXECUTED BY AUTHORIZED OFFICERS OF THE CITY AND LANCELOT. 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's administrative facility is currently in progress to be relocated from the MRC and developed at 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, a Florida Limited Liability Company, and an affiliate of Adler Group LLC ("Lancelot"), for the lease/sale of the MRC; and WHEREAS, pursuant to Resolution No. 18-0324, adopted on July 26, 2018, the City Commission approved the ballot language and placed the ballot question on the November 6, 2018 ballot; and City of Miami Page 1 of 3 File ID: 12039 (Revision:) Printed On: 9/23/2024 File ID: 12039 Enactment Number: R-22-0218 WHEREAS, on November 6, 2018, the lease/sale of the MRC was approved by the electorate and the results were certified pursuant to Resolution No. 18-0554, adopted on December 13, 2018; and WHEREAS, the City Commission approved Resolution No. 19-0050 selecting the Lancelot -owned property located adjacent to the City's Miami Riverside Center at 230 SW 3rd Street, Miami, Florida 33130 ("Nexus Site") as the location for the City's new administrative building; and WHEREAS, on April 28, 2022, the City Commission authorized the City Manager to execute various agreements with Miami Freedom Park, LLC ("MFP") to lease and develop the properties located generally at 1400 NW 37 Ave and 1550 NW 37 Ave into a Soccer Stadium and commercial development; and WHEREAS, a portion of the land to be remediated and redeveloped by MFP as a public benefit includes the former Melreese Golf Course Clubhouse, which is located on a portion of Folio No. 01-3132-000-0090 and located generally at 1802 NW 37th Avenue, Miami, Florida 33125 ("Melreese Site"); and WHEREAS, the Melreese Site provides substantial benefits to the City, including but not limited to, the site's adjacency to major thoroughfares and proximity to public transportation (Miami Intermodal Center), reduced costs due to the City's existing ownership of the site, and access to increased amenities upon completion of the Soccer Stadium and commercial development to be developed by MFP; and WHEREAS, the City Manager recommends and the City Commission has determined that the Melreese Site is the preferred and ideal location for the City's new administrative building and directs the City Manager to negotiate and bring back to the City Commission for its approval such agreement(s) and/or amendment(s) to the existing agreements with Lancelot to proceed with the construction of the City's new administrative building at the Melreese Site (collectively, "Amendments"); and 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 Commission approves the selection of the Melreese Site as the location for the new City of Miami administrative building. Section 3. The City Manager is hereby authorized' to negotiate the necessary and appropriate Amendments, in a form acceptable to the City Attorney, with Lancelot for the development of the new City administrative building on the Melreese Site, subject to City Commission approval prior to execution. Section 4. The City's selection of the Melreese Site does not confer any contractual or property rights upon Lancelot, unless and until the applicable Amendments are reviewed and 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. City of Miami Page 2 of 3 File ID: 12039 (Revision:) Printed on: 9/23/2024 File ID: 12039 Enactment Number: R-22-0218 approved by the City Attorney, approved by the City Commission, and executed by authorized officers of the City and Lancelot. Section 5. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM: nd ez City Attar ey 6/10/2022 City of Miami Page 3 of 3 File ID: 12039 (Revision:) Printed on: 9/23/2024