Loading...
Res. No. 115-98-10382RESOLUTION NO. 115-98-10382 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO CAPITAL PROJECTS; AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE LAW FIRM OF THOMSON MURARO RAZOOK & HART, P.A. TO PERFORM LEGAL SERVICES RELATED TO TITLE TO REAL ESTATE TO BE DEVELOPED AS A MlXED- USE PARKING GARAGE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami accepted a proposal by SPG Phase I to construct and operate a mixed-use parking garage on real estate that is owned by the city and located at: S.W. 73 rd Street on the South; S.W. 58 th Avenue on the East; S.W. 58 th Court on the West and an alley on the North; and, WHEREAS, the city is advised that the deed granting title to the city contains a restriction on the use of the property "for the purpose of a Public Parking Area ... "; and, WHEREAS, the deed restriction creates a doubt whether the property can be used for a mixed-use parking structure; and, WHEREAS, the City Attorney recommends that he be authorized to engage the law firm of Thomson Muraro Razook & Hart, P .A. to perform legal services related to securing a release of the deed restriction to satisfy the concerns of the title insurer, lenders and the city; and, WHEREAS, the Mayor and City Commission accepts the request of the City Attorney. NOW THEREFORE BE IT RESOL VED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Attorney is authorized to engage the law firm of Thomson Muraro Razook & Hart, P.A. to perform legal services related to securing a release of the deed restriction to satisfy the concerns of the title insurer, lenders and the city, pursuant to the retainer agreement which is annexed and made a part of this resolution as App.l. ., Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 21st day of April, 1998. ATTEST: d~Jr READ AND APPROVED AS TO FORM: A I b (b~. Iloe N :\EGallop\Csmord -res\Parking garage-attyauth-res.doc Page 2 of2 APPROVED: ~& ' ~kb~j . ,~ MAYOR Y COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Comm. Bethel: Comm. Russell: Comm . Fe 11 u : 5-0 Yea Yea Yea Yea Yea " CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and City Commission From: Earl G. Ga~ k Date: April 15, 1998 Re: Parking garage-authorization to engage special counsel Subject: A resolution relating to capital projects, authorizing the city attorney to engage the law firm of Thomson Muraro Razook & Hart, P.A. to perform legal services related to securing a release of the deed restriction to satisfy the concerns of the title insurer, lenders and the city. The city accepted the proposal of SPG Phase I, Ltd. to construct and operate a mixed- use parking garage at the city's parking lot on S.W. 73 rd Street. Upon performing a title examination, SPG discovered that the deed to the city contains a restriction on the use ofthe property "for the purpose of a Public Parking Area .... " While we are not particUlarly concerned that a parking structure is consistent with the deed restriction, we, and the title insurer, are very concerned that the restriction could preclude the use of the property for a mixed-use project. I requested a proposal from the Thomson Muraro, et al. firm to investigate and determine the identities of all heirs of the grantors and to secure a release of the deed restriction. The proposed retainer agreement is for all necessary legal services to achieve the objective, at an hourly rate of$J 75 for attorneys, for an amount not to exceed $10,000. The limitation does not commit the attorneys to perform all the work that might be necessary to achieve the objective; it provides a stop-work limitation. We will re-evaluate the effort ifthe objective is not achieved within that amount. Please call me if you have any questions regarding the appropriateness of the city paying the legal cost for securing a release of the restriction, or determining that it will not defeat the project. The law firm represents the principals of SPG. It is possible that a conflict of interest between the city and SPG might occur in the future. The agreement contains a waiver of conflict of interest which provides that the law firm will not be disqualified from representing, and it can continue to represent, the principals in such an event. I do not believe that the provision for waiving any future potential conflict of interest will be detrimental to the city. A copy of the retainer agreement and the Request for Proposals is attached. Recommendation: Approve the resolution. N:\EGallop\CSMMEMOS\Parking garage-attyauth-mem.doc THOMSON MURAAO RAZOOK & HART, FI.A. Mr. Earl Gallop City Attorney City of South Miami 6130 Sunset Drive ATTOANe..,.S .... T \..AW ONt SOU"IoOIIIAA'r TMI .. O AVENUE 17"" "1000" MIAMI. rL.OIIIICA :):)131 April 15, 1996 ..... E ... C ..... (308,350'7200 TIE~IlCO"'C" 1305) 374'1005 PJt%VILBQZD &RD CODIDDft'nL AftOJtQI/CL:tAJ'r UP WPM DQDUC'l' South Miami, Florida 33143 Dear Mr. Gallop: This will confirm that the City of Sout.h Miami (the "C1ty") has retained this firm to represent it w1th regard to the rest~iction eontained in the warranty Deed from William Se;al and Sylvia Se9a~, his wife, to the City, recorded in Deed Book 3868, Page 574, of the Public Records of Miami-Dad" County, Florida, which restriction limits the use of certain land owned by the City "for the purpose of a Public Parking Area (the "Deed Restriction") ." As the City Attorney, you are awa~e that we represent Beverly Elias, Gwynn "Sabe" Elias, Albert Elias and entities related to these persons (collectively, the "Elias Interests") in many various matters, including the proposed construction by SPG Phase One, Ltd. of the mult1-use parking garage development in the City. Several of the matters in which we represent the Elias Interests involve the City either directly or indirectly. There is no litigation- between the Elias Interests and the City at this time. We are unaware of any conflict of interest pet ween the Elias Interests and the City. However, as you understand and 8S we have explained. to you, the potential fot conflict between the City and the !11a$ Interests does exist. It at any point our concurrent representation of both the Elias Interests and the City results in a material risk that such representation will compromisl! our independence of professional judgment, we will withdraw from our representation of the City, and the City he~eby agrees to such withdrawal. In the event of our withdrawal from representation of the City on these terms, the City hereby waives any eonflict, and aqrees we may continue our representation of the Elias Interest~ in any and all matters, including matters involvin9 litigation against P.Ol. l&Iuu~ -------_. -,J "'1:::1' ............... r""lam, 305 663 6345 0:0&118/88 WE» 11:35 FAX 305 314' 1005' TH01(S9N lIURAItO Mr. Earl Gallop April lS, 1998 Page 2 THOMSON MURAAO RAZOOK e. HART, P.A. the City. The City agrees it will not use our legal representation of it in the Deed Restriction matter as the ba~is tor asserting any conflict ot interest, or for attempting to disqualify this firm as counsel to the Elias Interests in any matter, We have notified you of the possibla conflicts and of our responsibilities under the Rules ot Professional Conduct with respect to our representation of the City. We understand the City wishes to retain us on the terms explained herein. and by executing this retainer letter hereby expressly waive any such conflict. We have agreed to handle this matter at a reduced hourly rate ot S175 per hour. We will advance normal costs and expenses incurred on the City'a behalf, and aeek reimbursement as part of our monthly fee statements. Normal costs and expenses include long distance telephone charqes, postage, photocopying, docketing, word processing, delivery and similar charges. We customarily refer individual costs and expense items in excess of $500, and extraordinary expenses such as out-of-state travel and lodging or the retaining of out~ide consultants. for direct client payment. Of course, it is aqreed that we may withdraw as the City's counsel in this matter at any time, just as the City may terminate our representation. In the event our representation of the City is termin4lted by us, we will complete sueh matters as we deem appropriate and will cooperate with new counsel as may be necessary or appropriate under the circumstances. On account statements will be rendered monthly as the matter progresses, and are payable promptly after receipt. It is aqreed that we will not proceed eny furthe~ 9n this matter once the sum of ,10,000 in 1ega1 fees. excluding costs and expenses, has been reached. At such point. we shall advise you that this limit has been reac'bed and we shall await your written instructions before proceeding. P.02 rc003 ..:sut:) 063 6345 THOMSOfll MURAIitO RotUOOK a H""T, P.A. Mr. Ea:r:l Gallop April 15, 1998 Page 3 Please confirm the City's agreement with the foregoing by signing and returning the enclosed copy of thi:s letter in the envelope provided. Sincerely, SWD!gw E:nclosures Accepted and agreed to: CITY OF SOUTH MIAMI By: ________________ --__________ __ Title: ____________________ --______ _ Dated! ____________________ _ P.02 fill 004 ~ ~ I ~ I ~ ~ ] ]' ] I li j I l~ I 11 I n I 11 -II ~ II II 305 ")63 6345 City of South Miami Request for ProposallPublic Notice for design, construction, leasing and management of mixed-use development project. Deadline for submissionr July 10, 1997 P.02 ------_. ---.., ~'-JILA L."I I II' I ani"""] .:su~ ~b3 6345 , City of South Miami INVITA nON TO BIDIPUBLIC NOTICE The City of South Miami is inviting interested parties to submit sealed proposals for planning, design, construction, leasing and management of an infiU, mixed-use development project on approximately.70 acres of City-owned property located within the Hometown District and bounded by S.W. 73rd st. on the South, S. W. 58th Avenue on the ~ and S. W. 58 Ct., on the West. The property is currently being used as a municipal parking lot. All proposals must be submitted in accordance with the Request for Proposal docwnent. This document contains detailed and specific infonnation regarding the property being offered for infill development and the type of redevelopment that would meet the City's goals with respect to the development objectives and downtown and more specifically of the Hometown District. All proposals must be delivered to the office of the City Clerk, 6130 Sunset Dr., South Miami, Florida on or before July 10, 1997 at 3:00 p.m. Immediately after, all sealed proposals received will be publicly opened and acknowledged. All proposals shall accompany a non-refundable cashier's check for $2,500 to cover cost incurred or to be incurred by the City in preparing, issuing and evaluating these proposals. The City of South Miami reserves the right to accept any proposaJ deemed to be in the best interest of the City, to waive any irregularities in any proposals, or to reject any and/or a1l proposals and to re-advertise for new proposals. Any proposals deemed by the City to be non- responsive or to not meet the goals of the Request for Proposal shall be rejected prior to the project evaluation process. In making such determination, the considerations to be used by the City shall be, but not limited to, developer's experience and qualifications, capability ofthe development team, developer's financial qualifications and strength. financial return for the City and the overall design concept. For further information, please call or mite: City Manager's Office 6130 Sunset Drive South Miami, FL 33143 (305)663-6338 P.03 - __ ..... -..... , -WlI 30S: ~63 6345 2. INTRODUCTION AND PROJECf OVERVIEW: A. Site Location: The proposed infill development project is located in the City's Hometown District. and is generally bounded by S.W. 73 rd St. on the South, S.W. 58 1h Avenue on the East, and S.W. SSIh Ct. on the West. Please see attached location plan aerial, etc. (Exhibit 1). B. Physical Description: 'The project area consists of approximately .75 acres of land and includes 142.5 feet offtontage on S.W. 73rd St. and 150 feet of frontage along S.W. 58 th Avenue. The subject property is currently paved and is used as a municipal metered parking lot. C. Project Overview: In November of 1992, members of the community gathered for a public ·'Cbarrette" or a design workshop on the future of the downtown area. The design workshop included several days of around-the-clock design sessions and discussions. This public process brought together people from all segments of the community, professionals from all levels of governments and a diverse group of consultants to develop a common vision for the downtown. This common vision is called the Hometown Plan which later was codified in the Hometown District. The plan is based on the concept that like a traditional, small-town downtown. South Miami downtown oUght to be a neighborhood where a full range of uses exist and are juxtaposed to create a synergy that brings life and vitality to downtown. The plan is based on the concept that the streets belong to peopJe and the awareness of how individual buildings relate to each other and how users collectively interact with the sidewalk and the street will detennine the success of creating people friendly streets and public squares. The plan identified a series of "Initial Projects" to act as catalyst for re- development. l. REQUEST FOR PROPOSAL REQUIREMENTS AND GENERAL INFORMATION A. Unified Development: The City is soliciting proposals from private developers or individuals who can provide the City with an integrated improvement package including but not limited to planning, design, construction, leasing and management for the City-owned property cWTently occupied by the muniCipal metered parking lot a. Commitment of Funds: The City shall provide no direct or indirect financing to the development. The City will enter into a long-term property lease agreement with the successful developer for an annual rent payment which may be comprised of a minimum guaranteed rent and a percentage rent based on gross revenues. The terms and conditions of the property lease agreement shall be negotiated to complement the financing strategy and/or the depreciation schedule. The successful developer is required to provide all the necessary financing for all aspects of the proposed development. C. Proposal Development Considerations: All proposals must consider and adhere to the following factors in developing the project proposal. P.04 30F'i:i63 6345 1. Development Objectives: The primary objective is to design.l people-oriented mixed-usc development to provide active building edges along S.W. 73 Street and S.W. 58 Avenue, and an adequate supply of off-street parking. The amount of parking provided shall not only replace the existing parking and meet the requirements of the project, but also provide additional short-term parking for the area merchants. The project is envisioned to be three- story to four-stories in height and to act as a demonstration project for infill development. The retail components are expected to cater to the smaller tenants to.create pedestrian friendly and diverse strorefronts. The project design shall be supportive of and in keeping with the proposed Comprehensive Master Plan for the City and comply with all the related Hometown overlay ordinances. 2. Lease Tenns and Annual Lease Payment: The tenns and conditions of the Lease Agreement between the City and the successful developers. including length of agreement and annual payment shaU be negotiated to complement the fInancing strategy andlor depreciation schedule; however, all proposals submitted should define these tenns as part of the lease agreement terms. 3. Site Improvements: The existing improvement shall be cleared by the developer and all site improvements must comply with all applicable code requirements, and the successful developer shal1 be responsible for acquiring all required permits and do the necessary impact studies. 4. Proposal Format: Proposals submitted in response to this invitation must include the following information: A. Credentials: Development Team QualificationlExperience Financial capacity to undertake project References B. Project Proposals: Development Plan Illustrative Plans Proposed Lease Tenn and Rent Schedule Operating pro.formas of anticipated lease term Implementation schedule Operational Management Plan c. Additional Requirements: Financial Statement Letters from Financial Institutions Letter indicating Developer's ability to obtain necessary bonds and insurance D. Evaluation Criteria: Citizen Panel EvaluationiQualification Financial Ability Financial Return Overall Design 25% 2S% 2S% 25% P.05 30.F"663 6345 E. Performance and Payment Bond: F. Compliance with Federal. State and Local Laws: G. Proposal Submission: Sealed proposals must be marked "Infill Development Project," and submitted to: City Clerk City of South Miami 6130 SUDset Drive Soutb Miami. FL 33143 H. Tentative Schedule: Issuance of Request for Proposal .... -~ -.. -.. June 20,1997 Proposal Submission Deadline -.... -.. ~. JU L Y 10, 1997 For additional infonnation, contact or write: City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 (305) 663-6338 r. Enclosures: a. Existing Aerials b. Maps of the proposed re-development site and surrounding areas. c. Hometown Plan documents (includes zoning map) P.06