Res. No. 060-06-12201RESOLUTION NO.
60 -06 -12201
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO PROFESSIONAL SERVICE
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
PAY THE FIRM OF BLITSTEIN DESIGN ASSOCIATES
$20,000.000 FOR THE COMPLETION OF THE DESIGN AND
CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL
PARKING GARAGE CHARGING PAYMENT TO ACCOUNT
NUMBER 001.0000.132.2040; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
at its meeting on December 6`", 2005 adopted resolution number 159 -05 -12138
which authorized the City Manager to execute a professional services agreement
with Blitstein Design Associates (`Blitstein ") and pay $150,000.00 for the
completion of the design of the municipal parking garage; and
WHEREAS, pursuant to paragraph 4 of the Settlement Agreement between
the City of South Miami and Mark Richman Properties, the City agreed to pay a
total of $200,000.00 to complete the design;
WHEREAS, the payment of $20,000.00 to be specifically utilized to
complete the design of the municipal parking garage satisfies the City's obligation
under the Settlement Agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to pay $20,000.00 to Blitstein
Design Associates for the completion of the design and construction documents
for the municipal parking garage; utilizing funding available in the 73`d Street
Parking Garage Account number 001.0000.132.2040 that has a current balance of
$20,000.00.
Section 2. That this resolution shall take effect immediately upon
approval.
Additions shown by underlining and deletions shown by e ^r trikin .
Res. 60 -06 -12201
PASSED AND ADOPTED this day of May, 2006.
ATTEST:
ITY CLERK
READ AND APPROVED AS TO FORM:
OF�'ICY' OF CITY ATTORNEY,
N G , GALLOP & FIGUEREDO, P.A.
WITS
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
C: \Documents and Settings \SRothstein \My Documents \Reso- OrdUitstein 20,000.doc
Page 2 of 2
South Miami
pil•AmmicaCiry
CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2007
To: The Honorable Mayor Feliu and Members of the City Commission
From: Yvonne S. McKinley, Acting City Managel 001.1
Date: May 2, 2006 �qJ
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PROFESSIONAL SERVICE
AGREEMENT; AUTHORIZING THE CITY MANAGER TO PAY THE FIRM OF
BLITSTEIN AND ASSOCIATES $20,000.00 FOR THE COMPLETION OF THE
DESIGN AND CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL PARKING
GARAGE CHARGING PAYMENT TO ACCOUNT NUMBER 001.0000.132.2040;
PROVIDING FOR AN EFFECTIVE DATE.
Request: In the Settlement Agreement between the City of South Miami and Mark Richman
Properties the City agreed to pay a total of $200,000.00 to complete the design of
the garage. At the December 6, 2005 City Commission meeting the Commission
adopted resolution number 159 -05 -12138 which authorized the City Manager to
execute a professional services agreement with Blitstein Design Associates and
pay $150,000.00 for the completion of the garage design. This additional payment
of $20,000.00 will satisfy the City's obligation under the Settlement agreement.
Recommendation:
It is recommended that the City Manager be authorized to pay $20,000.00 to
Blitstein Design associates for the completion of the garage design.
Cost: $20,000.00.
Funding Source: 73`d Street Parking Garage account number 001.0000.132.2040 with a
current balance of $20,000.00.
Backup Documentation:
• Proposed Resolution
• Settlement Agreement
• Resolution Number 159 -05 -12138
SETTLEMENT AGREEMENT BY AND BETWEEN
THE CITY OF SOUTH MIAMI, A FLORIDA MUNICIPALITY,
AND MARK RICHMAN PROPERTIES, INC.
WHEREAS, Mark Richman Properties, Inc. ( "MRP ") and the city of South
Miami (the "city ") entered into a lease agreement to co- develop a project
consisting of public parking and retail space, and
WHEREAS, on or about December 17, 2002 the city's commission decided
not to proceed with the development of the project; and
WHEREAS, on March 21, 2003, Mark Richman Properties, Inc. filed a
complaint against the city styled: Mark Richman Properties, Inc. v. City of South
Miami, Case No. 03- 07058 -CA -24 (Fla. I I" Cir. Ct. 2003); and
WHEREAS, the parties desire to enter into this comprehensive settlement
agreement to dispose of the litigation and to provide for the development of the
mixed used structure; and
NOW, THEREFORE, in consideration of the sum of Ten and No /100
Dollars ($10.00), paid by the city of South Miami to Mark Richman Properties,
Inc., and the exchange of other valuable consideration, the receipt and legal
sufficiency of which is acknowledged by the parties, the parties agree as follows
( "Agreement "):
Page 1 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc. (0)
1. The MRP lease agreement dated March 5, 2002 will be cancelled and each
party will release the other from any and all obligations there under and all claims
of any kind and causes of action related in any manner to said agreement and/or
related in any manner to the lawsuit bearing Case Number 03- 07058- CA -24, and
said lawsuit will be dismissed with prejudice by MRP immediately upon the
execution of the Lease Agreement and the issuance of the building permit for the
Parking Structure, with each party bearing its own fees and costs. MRP agrees that
it will not perform any site work that interferes with the operation of the existing
city parking lot prior to dismissing the lawsuit referenced in this paragraph. The
city and MRP shall join in a formal stay of Case Number 03- 07058 -CA -24 pending
the execution of the Lease Agreement and the issuing of the building permit or the
termination of this Agreement.
2. The Promissory Note dated June 12, 2002 and executed by MRP in
favor of the city of South Miami shall remain in full force and effect as well as all
mortgages and security interests relating thereto. The parties stipulate and agree
that the current principal sum due from MRP to the city under said note is $2,
419,359.90 and the next payment due under said note is $103,080.00 and is due on
April 1, 2005 (the "Promissory Note "). Any default under the Promissory Note by
Page 2 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
MRP shall be a default under this Agreement. Termination of this Agreement shall
not relieve MRP of its obligations under the Promissory Note.
3. MRP and the city shall enter into a new lease agreement for the CSM
retail space, and parking garage, the lease agreement is attached hereto as exhibit
"A ". The city shall own the air rights over MRP's property.
4. MRP and the city Manager will work cooperatively to complete the
design for the parking garage structure. The parties agree to retain Arquitectonica to
complete the project design work. The city agrees to contribute up to $200,000 to
complete the design and construction plans and MRP shall be responsible for any
additional costs associated with the design or with the construction plans. MRP
shall be solely responsible for all costs associated with the design and the
construction of the tenant improvements. For purposes of this Agreement "tenant
improvements" shall include any and all design, and construction work within or
related to the retail space except for the following: (i) all exterior walls, exterior
windows and exterior doors; (ii) exterior lighting, security, emergency and fire
installations; (iii) sprinkler systems; (iv) exterior mounted HVAC pads and
equipment (v) plumbing rough outs to individual bays; (vi) electrical boxes to bays;
all concrete work and pre- fabricated concrete components; and the parking area
floor /retail roof. MRP shall not be obligated to include any design elements that
Page 3 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
'� V
cause MRP's share of the project costs to exceed $7.5 million ( "MRP cap "). In
addition, MRP shall continue to be responsible for the debt service on the $2.5
million Promissory Note referenced in paragraph 2 of this Agreement. In the event
the city, in its sole discretion decides to require additional design elements that are
estimated to cause the project costs to exceed the MRP cap, the city shall assume
financial responsibility for the additional debt service on project costs estimated to
be in excess of the MRP cap in order for the additional design elements to be
incorporated in the final design.
5. The project design shall incorporate the following features
a. The facility will consist of a 5 -level mixed -use retail and
parking garage facility consisting of approximately 24,500 square feet of
retail space, and approximately 380 parking spaces. Approximately 15,900
( + / -) square feet will be city retail space.
b. The ground level floor shall be comprised of retail space and
approximately 17 parking spaces dedicated to short-term parking.
C. The fifth level is estimated at 80 spaces and shall be dedicated
parking for the retail tenants.
6. If the project as described in paragraph 5 of this Agreement cannot be
designed and constructed within the MRP cap, and MRP does not agree to be
Page 4 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc. �Q�
responsible for additional costs, then the city and MRP shall be relieved of all
obligations under this Agreement. The parties understand that circumstances may
make the development or construction of the project and meeting the requirements
of paragraph 3 of this Agreement unfeasible. These circumstances include, but are
not limited to, failure to obtain required approvals from the city of South Miami
such as required special exceptions and /or failure to jointly resolve easement
disputes and /or inability to obtain an acceptable design meeting the height and
parking space and retail space specifications of paragraph 3. In the event the
project cannot be designed and constructed in substantial and material conformity
to the MRP cap and the design criteria set forth in paragraph 3 and MRP has
decided not to be responsible for the additional costs; the city or MRP, may
terminate this Agreement. If the City shall fail or refuse to grant the required
approvals for the Project, including but not limited to, required special exceptions,
this Agreement shall immediately terminate and the City and MRP shall be
relieved of all obligations under this Agreement.
7. MRP shall be responsible for the construction of the project and shall
be solely responsible for delay in completion of the project. The parties
understand and agree that construction will commence upon the issuance of
building permits and proceed through the certificate of occupancy. MRP will use
Page 5 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
/""Z� 4
its best efforts to minimize construction related impacts on the surrounding
community during the holiday season from November 1st through January 2nd.
MRP is required to complete construction and obtain a temporary or permanent
certificate(s) of occupancy for the entire project no later than eighteen 18 months
from the date of issuance of the building permit. In the event MRP fails to meet
this deadline, MRP shall be obligated to pay the city $26,916.00 per month until
the certificate(s) of occupancy are issued. Further, in the event the required
certificate(s) of occupancy are not obtained within twenty -four (24) months of the
issuance of the building permit, the city may in its sole discretion take over
responsibility for completion of the project. MRP shall be responsible for all
additional costs necessary to complete construction and obtain the certificate(s) of
occupancy. The timeframes for performance contained in this paragraph shall be
tolled in the event of Unavoidable Delay as defined in the Lease Agreement
including, but not limited to, an Act of God, Force Majeure, acts of terrorism or the
filing of a legal proceeding to resolve any easement dispute related to the project.
The cost of defending or filing any proceeding to resolve the easement dispute
related to the dedicated alleyway shall be borne by the city.
8. MRP shall select the contractor that it determines has the requisite
experience and capability necessary to construct the project. MRP understands
Page 6 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
that the construction contractor and the construction documents shall be subject to
the reasonable approval of the city Manager.
9. MRP will be responsible for building the project according to the
plans and specifications prepared by Arquitectonica and approved by the city.
MRP agrees that the construction funding for the project shall be based on a
standard construction draw schedule approved by the city. At such time as
construction commences, MRP shall be responsible for completing construction of
the project, regardless of the cost. MRP shall be responsible for all cost overruns,
change orders (except for change orders requested by the city), costs of delays and
acts of nature, expenses which cause the MRP cap to be exceeded ( "Over Cap
Funds ") and shall not be reimbursed by the city for such Over Cap Funds. Failure
by MRP to assume financial responsibility for the Over Cap Funds as provided in
this Paragraph 9 shall constitute an event of Default and the city may in its sole
discretion terminate all agreements and take legal action to foreclose on the MRP
property. The city is entitled, in its reasonable discretion, to demand and be
provided with proof of MRP's ability to secure additional funding from a lending
source if prior to the commencement of construction the parties determine that
Over Cap Funds are needed to pay for these costs.
Page 7 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
10. MRP shall furnish the city with a commercially acceptable payment
and performance bond. MRP shall require that all sub - contractors with contracts in
excess of $100,000 be bonded.
11. MRP shall obtain construction project insurance and all other forms of
insurance of the types and in the amounts typically required for projects of this
nature by governmental entities and shall name the city as an additional insured.
12. The city shall have the right but not the obligation to oversee the
construction of the project to ensure that it is being constructed in accordance with
The Florida Building Code as applicable in Miami -Dade County as well as
retaining all rights the city has regarding construction within city boundaries.
13. The parties agree that the city's share of the project costs will be
capped at $1 million. The parties acknowledge that the city has already spent
$337,116.37 on project related costs. At such time as the city expends an
additional $662,883.63 the city will have expended $1 million dollars and the
parties will stipulate and agree that the city has already expended this sum and
satisfied its obligation under this paragraph. MRP will be responsible for all
additional costs of building the facility and the debt service on all city funds
(including the existing Florida Municipal Loan Council Revenue Bond issue funds
Page 8 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
/, �, O\AV
used in this project other than the $1 million referred to in this section) used in the
development, design and construction of this project up to the MRP cap.
14. The lease agreement for the parking structure shall have a term of 50
years.
// 15. MRP shall pay the city a minimum guaranteed rctatt rent payment - 'oF V'
rou ri equal to $76,000 per annum, payable on a monthly basis equal to $6,333 in L�D
addition to the payment of all debt service on the League of Cities Bond Issue
(other than the $1 Million referred to above). The rental payments of $6,333 shall
commence upon the issuance of a temporary certificate of occupancy. Payment of
the debt service shall commence as to the amount drawn on the League of Cities
Bond Issue and any other debt on the date the funds are drawn and shall be payable
in accordance with the principal and interest payment schedule established by the
Florida Municipal Loan Council for the city of South Miami pursuant to the
issuance of Florida Municipal Loan Council Revenue Bonds, series 2002A.
Interest shall be paid at the same rate as the city's rate of interest on the bonds
together with a pro -rata share of all the total amount of the borrowing so as to
include amortized expenses of the bond, and all costs associated with the Bond,
according to the bond closing documents provisions. This provision shall be
construed so that MRP is not subsidized by the city and pays its full share of
Page 9 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
//vim
borrowing expenses such that, for example, if the funds used by MRP for the
project represent 30% of the funds borrowed in the Bond Issue then a full 30% of
all interest and all expenses associated with the Bond Issue shall be paid by MRP.
In the event MRP fails to make any such payments when due the city shall be
entitled to seek an award of damages in the full, accelerated amount of the
anticipated payments reduced to present value and termination of the Lease to
MRP according to the terms of the Lease, including but not limited to all periods
for cure of default. The city shall be provided with a second Mortgage on the MRP
property (in the form attached hereto as Exhibit `B" to secure all obligations
contained in this Agreement at the time of the first request for a draw of Bond
Issue funds by MRP for payment of and costs associated with the Project. MRP
represents and warrants that it holds good title, free and clear of any encumbrances
to the property other than the first mortgage payable to the city.
16. MRP agrees and acknowledges that the parking garage, except for the
fifth floor, shall be exclusively used for public parking, and that none of the spaces
shall be specifically or exclusively allocated for the retail space.
17. Under the lease agreement MRP agrees to remit to the city 12.5% of
all gross parking revenues in excess of $150,000 annually.
Page 10 of 14.
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
18. Under the lease agreement the city shall retain the rights to set the
parking meter rates and to decide the hours of operation for the public parking
19. The city also reserves the right to police and administer tickets in the
parking garage. All of the ticket revenue shall belong to the city.
20. For purposes of maximizing the gross parking revenues generated by
the parking garage, the city shall authorize MRP to charge a flat parking rate ex ��o�•,
R�
21. The city agrees that to complete the construction of the facility, the
city shall, authorize additional financing up to $2.5 million over the $8.5 million
project financing previously approved to the extent such funds are available from
the Florida Municipal Loan Council and MRP shall be responsible for debt service
on the additional funds in the same manner as set forth above in regard to the
Florida Municipal Loan Council Bond Issue. To the extent the city uses funds
which are not borrowed from the Florida Municipal Loan Council, MRP shall pay
interest on the additional funds at the actual rate paid by the city in the same
manner as set forth above in regard to the Florida Municipal Loan Council Bond
Issue. If the city has been unable to secure the additional funding referred to
above when the building permit application is ready for submission to the
Page 11 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
t"q� (' 0
appropriated City and County departments the application submission shall be
delayed and MRP shall have the right to terminate this Agreement.
22. The city agrees to waive its share of real estate taxes on the new retail
space for the term of the lease.
23. MRP will continue to be responsible for ad valorem taxes on the retail
space located on the MRP property. In the event that the public parking garage is
subject to ad valorem taxes, the ad valorem taxes will be the responsibility of
MRP. The city, however, agrees to waive its share of any ad valorem taxes on the
Lease.
public parking garage during the term of the hfansrenwr+Agreement. MRP shall fi(
be financially responsible for the remaining ad valorem taxes. " "�
24. By entering into this agreement, the city does not in any way admit
liability or waive any defenses it has or had, to the claims, or admit any of the
allegations of the complaint.
25. By entering into this agreement, the city is not precluded from
exercising its police powers and the parties specifically acknowledge that the city
and its agencies and departments and
and employees and agents and
the City Council are not obligated by this agreement to take or refrain from taking
any actions or positions relating to this project and that the sole remedies in the
Page 12 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
event of an adverse action shall be those remedies available to all citizens and
property owners seeking similar relief or benefits from the city.
26. In any action or proceeding to enforce the terms of this Settlement
Agreement, the prevailing party shall be entitled to an award of its reasonable
attorney's fees (at a rate not to exceed $300 per hour), paralegal expenses and costs
(collectively referred to as expenses), including expenses of investigation, pre -trial
discovery, trial to a court, jury or arbitrator, post -trial and appellate proceedings,
and collection.
[Signature Page to Follow]
Page 13 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
Dated this / "' day of 2005.
At1 to, CITY F OUTH Z
$� C--- By:
aria M. Menendez Mana V. Dav
city Clerk QQQ city Manager
Approved as to Form and Legal
Sufficiency: - - --
Figueredo
Attorney
Attested to:
$y: *Urnt
name of w�tness�j/_
Its: .95.(•'V /a 2•ri
[insert title (corporate secretary;
vice-president; treasurer)]
CORPORATE SEAL
MARK I].ICHMAN PROPERTIES, INC.
"" - }�s
� ` •-
Its: I� ✓ L ��
[insert title of signing party]
Page 14 of 14
Settlement Agreement by and between the City of South Miami
And Mark Richman Properties, Inc.
RESOLUTION NO. 13 - 0 5 -119 9 2
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
LITIGATION; APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mark Richman Properties, Inc. (MRP) filed a complaint against the
city, styled Mark Richman Properties, Inc. v. City of South Miami, Case no. 03-07058 -
CA-24 (Fla. I I`h Cir. Ct. 2003), alleging the breach of a contract to jointly develop a
mixed use parking garage and retail building; and
WHEREAS, the city denies the material allegations of the complaint but,
nevertheless, desires to avoid protracted and expensive litigation; and,
WHEREAS, the parties desire to settle the claims on the basis of allowing MRP
to develop the mixed use facility in a manner consistent with the terms and conditions set
forth in the Settlement Agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The settlement agreement dated February 1, 2005, which is
annexed and made a part of this resolution as App.l is approved. The city manager is
authorized to execute the settlement agreement on behalf of the city.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this / tday of February, 2005.
�ATTEST:
CITY CLERK
COMMISSION VO'T-E° 4 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
absent
Commissioner Wiscombe:
Yea
Additions shown by underlinine and deletions shown by ^- °-�trikin g.
ADDENDUM NUMBER ONE
This is Addendum Number One to the Proposal /Invoice for Architectural & Engineering
Services by and between Blitstein Design Associates ("Architect") and The City of South
Miami ( "City ") for a portion of the design and engineering services ( "Work ") on the
project known as South Miami Municipal Garage ( "Project') dated February 24, 2006
( "Agreement') and is included therein as if originally a part thereof.
Under the Settlement Agreement entered into by and between the City and Mark
Richman Properties, Inc. ( "MRP ") dealing with the Project, the City agreed to pay TWO
HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,00.00) toward the cost
of design of the Project with MRP responsible for the remaining cost of the design.
At the City Commission meeting held on December 6th 2005 the Commission approved a
resolution to enter into the Agreement for ONE HUNDRED AND FIFTY THOUSAND
DOLLARS AND ZERO CENTS ($150,000.00).
At the time of the resolution the City mistakenly believed that FIFTY THOUSAND
DOLLARS AND ZERO CENTS ($50,000.00) of the TWO HUNDRED THOUSAND
DOLLARS AND ZERO CENTS ($200,000.00) had already been paid to the original
architectural firm.
Subsequently, the City learned that only THIRTY THOUSAND DOLLARS AND ZERO
CENTS ($30,000.00) had been paid to the previous architectural firm and there was an
additional TWENTY THOUSAND DOLLARS AND ZERO CENTS ($20,000.00) to be
paid to Architect.
Therefore, the City and the Architect have entered into this Addendum to increases the
fee for the Work under the Agreement from ONE HUNDRED AND FIFTY
THOUSAND DOLLARS AND ZERO CENTS ($150,000.00) TO ONE HUNDRED
AND SEVENTY THOUSAND DOLLAR AND ZERO CENTS.
IN WITNESS WHEREOF, and intending to be legally bound the parties hereto have
duly executed this Addendum effective as of May _ 2006.
CITY OF SOUTH MIAMI
IC
BLITSTEIN DESIGN ASSOCIATES
BY:
Peter Blitstein, Architect
RESOLUTION NO. 159 -05 -12138
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO PROFESSIONAL
SERVICES AGREEMENTS; AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
BLITSTEIN DESIGN ASSOCIATES FOR THE COMPLETION OF THE
DESIGN AND CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL
PAREM% GARAGE; CHARGING PAYMENT IN AN AMOUNT NOT
TO EXCEED $150,000 TO ACCOUNT NUMBER 001.0000.132.2040;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami at its meeting
on June 19, 2002 adopted resolution number 92 -02 -11441 which authorized the City Manager to
execute a professional services agreement with Arquitectonica International Corp,
( "Arquitectonica ") for the design of the municipal parking garage; and
WHEREAS, Mark Richman Properties, Inc. "MRP" and the City have worked
cooperatively with Arquitectonica to complete the project design work; and
WHEREAS, due to certain differences of opinion, Arquitectonica, M€ZP and the City
agree that it would be in the project's best interest for the project design work to be completed by
another architectural firm; and
WHEREAS, the City and MRP agree to have the design and construction documents
completed by Blitstein Design Associates; and
WHEREAS, the City and MRP have a significant financial repayment obligation and
each delay increases the overall cost and threatens the viability of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT;
Section 1. The City Commission finds that due to the financial burdens placed on the
City that there is a pressing necessity to retain an architect on an expedited basis in order to
complete the municipal parking garage project design work.
Section 2. The City Manager is authorized to execute a professional services
agreement with Blitstein Design Associates for the completion of the design and construction
documents for the municipal parking garage; utilizing funding not to exceed $150,000.00
available in the 73`d Street Parking Garage Account number 001.0000.132.2040 that has a
current balance of $150,000.00.
Section 3. This resolution shall take effect immediately upon approval.
SIGNATURE PAGE TO FOLLOW
Pg. 2 of Res. No. 159 -05 -12138
PASSED AND ADOPTED this —{ -- day of 2005.
ATTEST: APPROVED :,
CITY CLERK ' Y R
READ AND APPROVED AS TO FORM:
CI TORNEY
COMMISSION VOTE: 4 -0
Mayor Russell: Yea
Vice Mayor Palmer: absent
Commissioner Wiscombe: Yea
Commissioner Birts- Cooper: Yea
Commissioner Sherar: Yea
CADocuments and Settings\A ickeWy DocumeutslW"d Documemst ResolutionSeleclinSCaregeArchitectdoc
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: Mayor Mary Scott Russell and
Members of the City Commission
From: Maria V. Davis r
City Manager P -N
RESOLUTION:
South Miami
AIMBIMCM
IIIIif
2001
Date: December 6, 2005
Agenda Item # L
Re: Selection of a Firm to Provide
Architectural Services for the
Municipal Parking Garage
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO PROFESSIONAL SERVICES
AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BLITSTEiN DESIGN ASSOCIATES
FOR THE COMPLETION OF THE DESIGN AND CONSTRUCTION DOCUMENTS
FOR THE MUNICICPAL PARKING GARAGE; CHARGING PAYMENT IN AN AMOUNT
NOT TO EXCEED $102,290 TO ACCOUNT NUMBER 001.0000.132.2048;
PROVIDING FOR AN EFFECTIVE DATE.
f= �,[ s�:�t37�I11;1•7_1:17= 1iT1���f�1
in June 2002, the City Commission selected Arquitectonica International Corporation as
its architect for the design of the municipal parking garage. In December 2002, the City
Commission decided not to proceed with the garage project which resulted in the Mark
Richman Properties, Inc. (MRP) lawsuit. Following the settlement of the MRP lawsuit,
the City Administration was unsuccessful in its attempts to have Arquitectonica revise
the design plans that they had already completed. However, Arquitectoniews
completed work became the property of the City.
In order to keep the garage project moving forward, it is important that an architectural
firm be put in place to pick up where Arquitectonica left off. The City Administration and
MRP have contacted Blitstein Design Associates who have agreed to complete the
design work begun by Arquitectonica, who has agreed to turn over all existing design
documents in their possession. MRP will be responsible for any costs associated with
the completion of the design work that exceeds the City s remaining balance of
$102,290.00 that was earmarked for Arquitectonica to complete this work.
If the RFQ/RFP process had to be undertaken once more for the selection of another
architectural firm to complete the project, the City would be facing additional delays
resulting in increased costs. Therefore, it is in the City's best interest to select a firm
Without following the RFQ/RFP process. The City's attorney has indicated that the City
is within its rights to select an architect without being subject to the Competitive
Negotiations Act so long as the City Commission finds that there is an urgency to select
a firm. See attached e-mail response to the City Manager from Luis Figueredo.
The attached resolution would allow the City Manager to execute a professional
services agreement with Blitstein Design Associates to complete the design and
construction documents for the municipal parking garage.
Funding for this professional services agreement is available in the 73`d Street Parking
Garage Account number 001.0000.132.2040 that currently has a balance of
$102,290.00.
We recommend that the attached resolution be approved authorizing the City Manager
to execute a professional services agreement with Blitstein Design Associates.
Page 2 of 2