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J-87--645
7/7/87
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 2, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO THE SEPTEMBER 13,
1979 AGREEMENT BETWEEN THE CITY OF MIAMI AND
MIAMI CENTER ASSOCIATES, LTD. ("MCA") WHICH
PROVIDES FOR THE TRANSFER OF CERTAIN MCA
SPACE TO THE CITY IN EXCHANGE FOR CERTAIN
CITY SPACE AT THE MIAMI CONVENTION CENTER
AFTER MCA�S CONVERSION OF ITS RETAIL SPACE
INTO EXHIBITION SPACE, AND PROVIDING FOR
ADDITIONAL COMPENSATION TO MCA IN THE FORM OF
A SUM NOT TO EXCEED $3,000000, ALLOCATED
FROM MONIES MADE AVAILABLE BY THE MIAMI
SPORTS AND EXHIBITION AUTHORITY, PAYABLE UPON
THE COMPLETION OF THE EXCHANGE OF SPACE.
WHEREAS, certain retail space in the City of
Miami/University of Miami James L. Knight International Center
("Convention Center") is currently leased to Miami Center
Associates, Ltd. ("MCA") pursuant to an Agreement dated
September 13, 1979; and
WHEREAS, the Convention Center facility and the downtown
area would greatly benefit from increased exhibition space, which
will enhance and complement the economy of downtown Miami by
bringing more events, programs and shows to the Convention
Center; and
WHEREAS, pursuant to the terms and conditions of Amendment
No. 2 to said Agreement, MCA shall buyout from its existing
tenants approximately 21,106 square feet of retail space in the
Convention Center and convert such space to exhibition space
which shall then be transferred and conveyed to the City; and
WHEREAS, the City will, in exchange, transfer to MCA 15,408
square feet of City meeting room space, which meeting rooms are
identified within Amendment No. 2, exclusive of the furniture and
property situated therein; and
WHEREAS, the Miami Sports and Exhibition Authority
("Authority"), pursuant to Resolution No. 87-160, adopted
February 12, 1987, has made available $3,000,000 as additional
compensation to MCA, in the form of a Stipulated Lump Sum for
CITY COMMISSION
MEETING OF
JUL 9 1987
RESOLUTION No. 8 Pik,'
payment of. MCA's services, duties, responsibilities and
conveyances pursuant to Amendment No. 2; and
WHEREAS, MCA has agreed that it shall perform or cause to be
performed the work involved which constitutes the buyout of
retail subtenants, the conversion and transfer of space to be
exchanged by MCA for payment of the Stipulated Lump Sum made
available by the Authority and the City's transfer of its space
to MCA; and
WHEREAS, the Authority and the City Manager reserve and
retain the right to consider, review, comment upon and, in their
discretion, approve MCA's programming, schematic design,
development and construction documents for the work for which MCA
is responsible;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The findings and recitals contained in the
preamble of this Resolution are hereby adopted by reference and
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incorporated herein as if fully set forth in this section.
Section 2. The City Manager is hereby authorized to
enter into Amendment No. 2 to the September 13, 1979 Agreement
with Miami Center Associates, Ltd. ("MCA"), in a form acceptable
to the City Attorney, which Amendment provides for the transfer
of certain MCA space to the City in exchange for certain City
space at the Miami Convention Center after MCA's conversion of
its retail space into exhibition space, said Amendment providing
for additional compensation to MCA in the form of a sum not to
exceed $3,000,000, allocated from monies made available by the
Miami Sports and Exhibition Authority.
PASSED AND ADOPTED this 9th day of
July , 1987.
ATTE XAVIER L. S f
MA HIRAI, CITY CLERK
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PREPARED AND APPROVED BY:
RAFAEL E. SUAR Z-RIVA
ASSISTANT CITY ATTORNEY
APPROV D AS TO FORM AND CORRECTNESS:
UC A A. DOUGfIERTY
CITY ATTORNEY
RSR/yv/M474
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CITY OI' MIAMI. I:LORIbA
INTER-OFIICE MEMORANDUM
TO
Bono
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FROM T.I a4'
City Attorney
nd Members
ssion
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bATE July 9 • 1987 FILE
SUNJECT
City Commission Meeting
July 8, 198
REFERENCES Agenda Items #16, #45, #62
(2)
ENCLOSURES
For your information, Agenda Item #16 which accepts a bid
for a demolition contract involves a demolition order from the
Unsafe Structures Hoard which was not appealed through regular
channels. However, a petition for a Temporary Restraining Order
(TRO) has been filed in connection with this demolition activity;
nevertheless, we recommend your adoption of this resolution in
order to expedite the removal of this health hazzard in the event
of a favorable conclusion to the TRO proceedings.
For clarity, the resolution draft form distributed for
Agenda Item #45 (Miami Convention Center/MCA Space Exchange) at
today's meeting has been slightly modified and the original of
the attached approved substitute resolution is being delivered to
the City Clerk. No change whatever has been made in the
substance of the draft form copy previously distributed.
Due to a lack of factual recitals within the resolution
draft form in connection with Agenda Item #62 (North District
Police Substation/Architect), we have incorporated more
comprehensive background and supporting information in the
attached approved resolution. Our request for this additional
material necessitated a redrafting of this item and we are
delivering the original of the attached approved substitute
resolution to the City Clerk.
LAD:RFC:bss:M044
ec: Cesar H. Odio, City Manager
Natty Hirai, City Clerk
8 -66 -3
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
to: Honorable Mayor and Members DATE: JUN 3 i 1987 PILE:
of the City Commission
sueJEcr: Amendment #2
Miami Convention Center
Lease & Agreement
FROM: Cesar H. O d i o REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute
Amendment #2 to the September 13, 1979 lease and agreement
between the City and Miami Center Associates Ltd. (MCA), in a
form acceptable to the City Attorney which provides for the
exchange of certain MCA retail space to the City for certain City
space at the Miami Convention Center after MCA's conversion of
this space into exhibition space with funding allocated from
monies made available by the Miami Sports and Exhibition
Authority.
BACKGROUND:
In September 1986 the City Commission authorized Amendment #,1 to
the existing Lease and Agreement between the City of Miami and
Miami Center Associates, Ltd., for the Convention Center with the
principal objective of converting the present retail area into an
exhibition space. This Amendment expired in May and since that
time the staff has been working with MCA on a second Amendment to
accomplish the same objectives as set forth in the original
Amendment.
In order to create maximum flat floor exhibition space on the
main level, MCA will turn over the existing retail space to the
City in exchange for City -owned meeting rooms on the 1st and 3rd
level. Under Amendment #1, it would have been the City's
obligation to accomplish all the work including design and
construction. Amendment #2 makes it MCA's sole responsibility to
complete the conversion to the City's requirements and
satisfaction before any payment is made by the City. Further,
under the terms of this amendment, the City is guaranteed that
the cost to the City will not exceed $3 million which includes
the buy out of the existing retail leases.
It is planned to combine the present retail space and adjacent
City spaces to create the new exhibition area, a new ticket
office and new administrative offices. When the project is
accomplished, the City will receive over 28,000 sq. ft. of
exhibition space suitable for exhibits, meetings, and banquet use
plus another (approx.) 10,000 sq. ft. of renovated area for
exhibit related functions and administrative offices.
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8 _66�`�
Honorable Mayor and Members
of the City Commission
Page 2
This agreement has already been submitted to the Miami Sports and
Exhibition Authority and received their formal approval on June
23, 1987.
In addition, this agreement has been submitted to Florida
National Bank, Miami, Florida, Trustee for the Convention Center
Revenue Bonds. It is a requirement of the Trust Indenture that
the City receive certification from an outside consultant that
the agreement does not violate any of the provisions of the Trust
Indenture, and certification is also required from the City
Attorney. Both of these requirements have been met and the City
expects to receive the Trustee's formal written approval.
Presumira that we are able to continue on our present schedule
the City should have the use of this new facility by early 1988
Attachments: Proposed Resolution
Amendment #2
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