221-95 RDA
RESOLUTION NO. 221-95
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING THE
CHAIRMAN AND SECRETARY TO AMEND THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN URBANIZA, INC. AND THE
MIAMI BEACH REDEVELOPMENT AGENCY FOR ADDITIONAL
SERVICES AND FINANCIAL COMPENSATION
WHEREAS, on May 17, 1995, the Chairman and Members of the
Miami Beach Redevelopment Agency 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 Redevelopment
Agency/Portofino land transaction in the South Pointe Redevelopment
Area; and
WHEREAS, the scope of the Study is outlined in the attached
Contract; and
WHEREAS, due to the ongoing negotiations between the Agency
and the Portofino Group the services of UrbaniZa were not concluded
in a timely manner; and
WHEREAS, the contractor has submitted documentation indicating
additional services provided at a cost of $16,021.41.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman
and Secretary are authorized to amend the professional services
contract with UrbaniZa, Inc. to permit financial compensation in
the amount of $16,021.41 for additional services.
PASSED AND ADOPTED THIS
October
/tJ~
~SECRETARY
FORM APPROVED
REDEVELOPMENT AGENCY
GENERAL COUNSEl
By /ftt~ D
Date ~.S, 1?9S
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 of the 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, KoetterlKim & Assoc. Boston, Mass.; Dean, Yale
University College of Architecture.
(F) Tom Kovlosky, Consultant, former Director of Corporation, Battery Park City
Authority
5. FA YMENT 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 swn 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 of the 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 tenn or condition of this Agreement, U rbaniZa 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-perfonnance 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.
A TIEST:
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SECRETARY
WITNESSES
~7n~f~BY
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fORM APPROVED
REDEVELOPMENT AGENCY
GENERAL COUNSEL
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Date .-b - (-~)
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 95-64
October 11, 1995
TO: Chairman and Members of the Board of the
Miami Beach Redevelopment Agency
FROM: Jose Garcia-Pedrosa
Executive Director
SUBJECT: AUTHORIZATION TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEE URBANIZA, INC. AND THE MIAMI BEACH
REDEVELOPMENT AGENCY FOR ADDITIONAL SERVICES AND
FINANCIAL COMPENSATION
RECOMMENDATION
The Administration recommends that the Chairman and Members of the
Agency Board authorize an amendment to the professional services
agreement between UrbaniZa, Inc. and the Miami Beach Redevelopment
Agency (the "Agency") to provide for additional services and
financial compensation.
BACKGROUND
On June 7, 1995, the Board approved Resolution No. 205-95
authorizing the Agency to enter into a professional services
agreement with URBANIZA, Inc., in an amount not to exceed $27,500.
At the time this agreement was entered into, all services were to
be completed by June 30, 1995. Due to the ongoing negotiations
between the City/Agency and the Portofino Group the services of
UrbaniZa were not concluded until the October 5, 1995
Commission/Agency public hearing. The contractor has submitted
documentation indicating additional services provided at a cost of
$16,021.41.
The project undertaken by UrbaniZa, Inc. was a complex and time
consuming study resulting in the production of many graphics and a
report documenting their recommendations. Copies of this report
were provided to the Agency Board at the July 17, 1995 workshop.
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AGENDA ITEM 2-E
October 11, 1995
In addition
participate
sessions.
to the final product the consultant was
in numerous meetings, workshops and
required to
negotiation
ANALYSIS
The Administration recognizes that the efforts of UrbaniZa, Inc.
enhanced the ongoing negotiating process between the City/Agency
and the Portofino Group and included the opportunity for citizen
participation.
CONCLUSION
The Administration recommends authorization of the amendment to the
professional services contract with UrbaniZa, Inc. to permit
financial compensation in the amount of $16,021.41 for additional
services.
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