HomeMy WebLinkAboutReso 2013-2034 RESOLUTION NO. 2013- 2651 _
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY ATTORNEY TO
NEGOTIATE WITHIN FIFTEEN (15) DAYS OF APPROVAL OF
THIS RESOLUTION A SEPARATION/SETTLEMENT
AGREEMENT TO TERMINATE THE DESIGNBUILD
AGREEMENT BETWEEN THE CITY AND 4M INVESTORS,
LLC. ("CONTRACTOR") FOR THE GATEWAY PARK,
PARKING GARAGE AND PEDESTRIAN BRIDGE (THE
"PROJECT"); AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Resolution No. 2011-1735, adopted on July 21. 2011 , the
City Commission entered into a Design-Build Agreement (the "Agreement") with 4M Investors.
LLC ("Contractor") for certain parcels of real property located in the City which the City owns
and upon which it intends to have constructed site improvements consisting of a Park and
Parking Garage: and
WHEREAS, by Resolution No. 2012-1883. adopted on March 28, 2012. the City entered
into a Second Amendment to the Agreement with the Contractor to revise the scope of the project
to include additional amenities to the Park and Parking Garage. and to add a Pedestrian
Bridge in the amount not to exceed a guaranteed maximum of$16,500.000.00: and
WHEREAS, at a special Commission Meeting held on January 30. 2013, the City
Commission passed and adopted Resolution No. 2013-2020 which amended the guaranteed
maximum price for the Project from $16.5 Million Dollars to an amount not to exceed $20
Million Dollars (inclusive of all payments made to Contractor to Date) to pay for additional
costs associated with the proposed redesigned parking garage; and
WHEREAS. subsequent to the passage of Resolution No. 2013-2020. the City and
Contractor were unable to negotiate a change order and/or amendment to proceed and complete
the Project within the allocated $20 Million Dollar budget: and
WHEREAS, the City Commission wishes to accept the offer made by the Contractor's
counsel to negotiate a separation/settlement agreement for the termination of the Design-Build
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authority to Neeotiate. The City Commission hereby authorizes the City
Manager and City Attorney to negotiate within fifteen (15) days of approval of this
Resolution a separation/settlement agreement to terminate the Design/Build Agreement for
Page 1 of 2
Gateway Park, Parking Garage, and Pedestrian Bridge (the "Project") as requested by
Contractor's counsel at the City Commission meeting held on February 22, 2013. This
Resolution shall be not be construed as a waiver of any rights that the City may have to
terminate the Agreement in accordance with the termination provisions in the Agreement.
Section 2. Authorization of City Manaeer and City Attorney. The City Manager and the
City Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21st day of February 2013.
% • ice,. i'
Nirman S. Edelcup, Mayor
r _
ATTEST:
'N 1. Latia.1.-)
JanerA. Hines. Cit■-Clerk
APPROVED . 0 FORM
AND L L S 4 FF4 IENCY:
lag\
H. •eittinot, City Attorney
Moved by: � SCNnu_
Seconded by: L CAj NJ
Vote: S-O
Mayor Edelcup ✓(Yes) (No)
Vice Mayor Aelion (Yes) (No)
Commissioner Gatto IV(Yes) (No)
Commissioner Levin 1./(Yes) (No)
Commissioner Scholl V(Yes) (No)