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205-95 RDA RESOLUTION NO. 205-95 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN AND SECRETARY TO RETROACTIVELY APPROVE THE PREPARATION OF A LAND TRANSACTION STUDY CONTRACT WITH URBANIZA, INC. ANALYZING THE EFFECTS OF THE PROPOSED CITY OF MIAMI BEACH/PORTOFINO LAND TRANSACTION IN THE SOUTH POINTE REDEVELOPMENT AREA WHEREAS, on May 17, 1995, the Mayor and City Commission approved the preparation of a Land Transaction Study proposed by Urbaniza, Inc. at a cost of $27,500.00 to analyze the effects of a proposed City of Miami Beach/Portofino land transaction in the South Pointe Redevelopment Area; and WHEREAS, the scope of the Study is outlined in the attached Contract. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Mayor and City Clerk are authorized to approve retroactively to May 17, 1995, the Land Transaction Study Contract with Urbaniza, Inc. PASSED AND ADOPTED THIS 7th ,1995. ATTEST: C:k~\ i~~~ CIT\' CLERK FORM APPROVED REDEVELOPMENT AGENCY GENERAL COUNSEL By --rc v Date ..... ,...- 5-3/-')) c: \wpwin60\pia \resos \urbaniza. res Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 REDEVELOPMENT AGENCY MEMORANDUM NO. 95-39 June 7, 1995 TO: Chairman and Members of the Board of the Redevelopment Agency Laurence Feingold \~ General Counsel ~ 4z FROM: Jose GarCia_pedro~a Executive Director A RESOLUTION OF CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN AND SECRETARY TO RETROACTIVELY APPROVE THE PREPARATION OF A LAND TRANSACTION STUDY CONTRACT WITH URBANIZA, INC. ANALYZING THE EFFECTS OF THE PROPOSED CITY OF MIAMI BEACH/PORTOFINO LAND TRANSACTION IN THE SOUTH POINTE REDEVELOPMENT AREA SUBJECT: RECOMMENDATION It is recommended that the Chairman and Members of the Miami Beach Redevelopment Agency ("Agency") retroactively approve the contract between UrbaniZa, Inc. and the Agency for preparation of a study to analyze the effects of the proposed City of Miami Beach/Portofino land transaction in the South Pointe Redevelopment Area. BACKGROUND On May 17, 1995, an oral report was given indicating that UrbaniZa, Inc. would replace Harvard University School of Architecture as the consultant to perform the above described study. Gladys Margarita Diaz, a principal of UrbaniZa and director of the Cornell-in-Miami Program, was present and discussed the scope of services for the study. Since that time representatives of the Administration, City Attorney's office, South pointe Area citizens, Portofino, and UrbaniZa have met to discuss and refine the scope of services. The full scope of services is outlined in the contract. This study S()UTti V()I~ l?edevelvpment Ulstnet CIIT Ct:~t:~ l?edevelvpment UIstr1et AGENDA ITEM 2-A-2 Jrme 7, 1995 will result in a model(s) and/or drawings together with associated financial and legal analyses which fairly depict implications of the proposed land transaction and other alternatives before the City. Total compensation for this study will not exceed $27,500 and the timeframe is from May 17, 1995 through June 23, 1995. CONCLUSION It is recommended that the Chairman and Members of the Board of the Agency authorize the Chairman and Secretary to retroactively approve the above described contract. JGP:MSD:jm AGREEMENT FOR SERVICES This document will serve as the agreement for services between UrbaniZa, Inc. (Contractor) and the Miami Beach Redevelopment Agency (Agency) between the dates of May 17, 1995 through June 30, 1995. Agency hereby agrees to retain UrbaniZa, Inc. to perform the following services and produce the following products on behalf of the Agency. 1. SCOPE OF SERVICES The product of the study is to be a model(s) and/or drawings, together with the associated financial and legal analysis, which fairly depict the implications of the proposed land transaction with Portofino and other alternatives before the City. The study will accomplish the following: . Analysis of the best uses for the affected lands in today's environment, regardless of current zoning and development agreements. Both economic use and public benefits will be considered, with consideration given to valuations and the ramifications of suggested uses. . Analysis of the best public and private uses for the affected lands in light of existing zoning and agreements, (a) without a land transaction and (b) with any recommended variations of such a transaction. . Analysis ofthe proposed transaction, with recommendations for siting and design guidelines. . Financial and legal analysis that are to define the costs, benefits, and liabilities of each determined alternative. 2. METHODOLOGY The concept is to analyze the existing FAR, zoning codes and development agreements and conceptualize a development strategy for the area that will enhance the urban quality of the neighborhood, provide increased financial benefit to the municipality and enable developers to benefit from invested capital. 3. PRODUCTS (A) Massing Models Two (2) or three (3) massing models of the South Pointe area, either physical or computer generated. The models will show the effect of potential building mass with or without a transaction, and would ideally be dynamic, with the ability to be altered. (B) Drawings Drawings suggesting alternative visions of a land transaction or indicating alternatives for siting of towers and design guidelines. (C) Legal & Financial Analysis Analysis of legal and financial issues affecting the area, including costs and options for such variables as tax increment financing and land valuations. (D) Summary A summary of findings and/or recommendations. 4. TEAM PARTICIPANTS (A) Prof. Gladys Margarita Diaz, UrbaniZa Principal/Director of Cornell-In-Miami Program. (B) Joseph Fleming, Esq. (C) Prof. Alan Shulman, Practicing Architect and University of Miami faculty. (D) Victor Morales, Cityscapes, Inc., Community Planner/Autocadd specialist. (E) Prof. Fred Koetter, Principal, Koetter/Kim & Assoc. Boston, Mass.; Dean, Yale University College of Architecture. (F) Tom Kovlosky, Consultant, former Director of Corporation, Battery Park City Authority 5. PAYMENT FOR SERVICES Coordination, Urban Design Legal & Financial Analysis Up to $13,750.00 at $ 100 per hour. Up to $13,750.00 at $ 200 per hour. Total Payments Shall Not Exceed the Amount of: $27,500.00 Payment will be due within ten (10) business days after receipt, review, and approval of detailed invoices for all services rendered. 6. LIMITATION OF LIABILITY 2 The Agency desires to enter into this Agreement only if in so doing the Agency can place a limit on its liability for any cause of action for money damages due to an alleged breach by the Agency of this Agreement, so that its liability for any such breach never exceeds the sum of any unpaid sums to UrbaniZa pursuant to this Agreement. UrbaniZa hereby expresses its willingness to enter into this Agreement with UrbaniZa's recovery for any damage action for breach of contract to be limited to a maximum amount ofthe amount to be disbursed to UrbaniZa pursuant to this Agreement, less the amount of any funds actually paid to UrbaniZa pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, UrbaniZa hereby agrees that the Agency shall not be liable to UrbaniZa for damages in an amount in excess of the amount to be disbursed pursuant to this Agreement, Twenty-seven Thousand Five Hundred Dollars ($27,500.00), less any actual payments, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement shall be deemed a waiver of the provisions set forth in Section 768.28, Florida Statutes. 7. ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach thereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. '/rJ~ By; \ II ATTEST: '{./'lCC~ ~_ E..~6~ SECRET AR Y WITNESSES 3 FORM APPROVED REDEVELOPMENT AGENCY GENERAL COUNSEL By ~c..y /" Date b - i- s '\ ~ ...