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HomeMy WebLinkAboutR-85-1229J-85-1231 i - Ile..:/ N, t b i'. rr eSf r„_ n RESOLUTION NO. ��t � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF INTENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND THE KNIGHT FOUNDATION, CONFIRMING THE KNIGHT FOUNDATION'S INTENT TO GRANT TO THE CITY AN AMOUNT OF $658,171 FOR THE CONSTRUCTION OF THE TOWER OF LIGHT AND LIGHTING SYSTEM WITHIN BAYFRONT PARK IN ACCORDANCE WITH THE BAYFRONT PARK REDEVELOPMENT PROJECT PLANS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a Memorandum of Intent in substantially the form attached, between the City of Miami and the Knight Foundation, confirming the Knight Foundation's intent to grant to the City an amount of $658,171 for the construction of the Tower of Light and Lighting System within Bayfront Park in accordance with the Bayfront Park Redevelopment Project Plans. PASSED AND ADOPTED this 19th day of December 1985. ATT MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK Chief Deputy City Attorney 4�ti XXVIER L. SUARE , Mayor APPROVED A$` T LUCIA A. DOUGHE City Attorney RM AND CORRECTNESS: CITY COMMISSION MEETING OF DEC 19 1985 RESOLUTI0i4 No.85-1 REMARKS. � � r MEMORANDUM OF INTENT GOVERNING GRANT FOR CONSTRUCTION OF TOWER OF LIGHT IN BAYFRONT PARK This memorandum dated as of the day of November, 1985, between the Knight Foundation ("Foundation") and the City of Miami ("City"), WITNESSETH: WHEREAS, the City is committed to the redevelopment of the Bayfront Park in accordance with the design plans prepared by Isamu Noguchi, adopted and approved by the City; and WHEREAS, it is contemplated that the redevelopment improvements under the approved design plans will be constructed in three phases, (1) Baywalk and Pepper Foun- tain; (2) Amphitheatre, Backstage Building, Amphiwalk, Tower of Light, Rock Garden, and general park improvements north of the Promenade, and (3) Promenade, Chopin Plaza 3 Court, and general park improvements west of Baywalk, Y depending upon funding availability; and WHEREAS, the funding of a substantial part of the budget for the redevelopment improvements has been accom- plished by the City, and construction of certain improvements is under way; and WHEREAS, the City has requested the Foundation to make a grant for the purpose of providing funds necessary for construction of the Tower of Light in accordance with the approved plans and budget; and WHEREAS, the Foundation heretofore indicated its ss interest in making a grant of funds to the City of Miami, 85-1229 STEEL HECTOR b DAVIS, MIAMI, FLORIDA Ll N I to be utilized for payment of the cost of constructing the Tower of Light and lighting system on the base facility to be provided by the City, as reflected by the approved plans and budget, subject to the terms and conditions prescribed herein. NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. The Foundation confirms its commitment to make a grant in the total sum of $658,171.00 to the City of Miami for the purpose of funding the construction of the Tower of Light and lighting system within the Bayfront Park, in accordance with the approved plans, construction contracts, and budget for such project. The amount of the grant is based on the City's letter application, dated February 25, 1985. 2. The Foundation shall not become obligated to make said grant of funds until the City has provided reasonable assurance, satisfactory to the Foundation, that full funding is available to the City for payment of the costs required in order to complete all redevelopment improvements of the Bayfront Park prescribed in the existing design plan prepared by Isamu Noguchi, and the City provides additional assurance of its intention promptly to complete all three phases of the Bayfront Park according to said Noguchi plan. The Foundation reserves the right, at its discretion, to waive the requirement as to any particular redevelopment improvements, except that full funding shall be required with respect to the Promenade, the entire structure designed to provide the base for construction of the Tower of Light, Amphitheatre, Backstage Building, Rock Garden, Amphiwalk, and general park improvements north of the Promenade. r 2- STEEL HECTOR 6 CAVIS. MIAMI, FLORIDA 85-1229 3. The obligation of the Foundation to make the grant shall not become effective or enforceable until the City has entered into a binding agreement with the Founda- tion, upon terms satisfactory to the Foundation, which shall govern the funding, construction, maintenance, and operation of the Tower of Light and its lighting system, and the underlying base structure, including the matters contained in the City`s letter application, and appropriate related matters. It is intended that such agreement will be executed by the parties upon compliance with the provisions of Section 2 hereof. IN WITNESS WHEREOF, the Foundation and the City have caused this Memorandum of Intent to be duly executed as of the date first above written. KNIGHT FOUNDATION BY ITS BOARD OF TRUSTEES By: "Foundation" CITY OF MIAMI By: City Manager "City" -3- STEEL HECTOR & DAV15, MIAMI, FLORIDA 85r1229 . 4 f 3. The obligation of the Foundation to make the grant shall not become effective or enforceable until the City has entered into a binding agreement with the Founda- tion, upon terms satisfactory to the Foundation, which shall govern the funding, construction, maintenance, and operation of the Tower of Light and its lighting system, and the underlying base structure, including the matters contained in the City's letter application, and appropriate related matters. It is intended that such agreement will be executed by the parties upon compliance with the provisions of Section 2 hereof. IN WITNESS WHEREOF, the Foundation and the City have caused this Memorandum of Intent to be duly executed as of the date first above written. KNIGHT FOUNDATION BY ITS BOARD OF TRUSTEES By: "Foundation" CITY OF MIAMI By: City Manager "City" -3- STEEL HECTOR 6 DAVIS, MIAMI, FLORIDA 85-1229 s CITY OI` MIAMI. OrL.ORIDA �. INTER -OFFICE fNEMCRANOUM 40 TO Honorable Mayor and DATE! December 4, 1985 FILE: BP.460.04 Members of the City Commission SUBJECT: Bayfront Park Light Tower Memorandum of Intent FROM: Cesar H. Odio REFERENCES: For City Commission City Manager Meeting of Dec 19/85 ENCLOSURES: Resolution, Memorandum of Intent It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute a Memorandum of Intent in substantially the form attached, between the City of Miami and the Knight Foundation, confirming the Knight Foundation's intent to grant to the City an amount of $658,171 for the construction of the Tower of Light and Lighting System within Bayfront Park in accordance with the Bayfront Park Redevelopment Project Plans. As part of the Bayfront Park Redevelopment Project, a Tower of Light has been proposed as one of the primary elements to be constructed in the vicinity of the projected alignment of NE 1st Street. In order to fund this aspect of the project, a letter of application i dated February 25, 1985 was submitted to the Knight Foundation. i I To demonstrate their acceptance of the City's request for funding, the Knight Foundation is now prepared to execute the attached ' Memorandum of Intent to grant the requested $658,171 to construct the Tower of Light and the laser lighting system. It is therefore recommended that the attached resolution be adopted E authorizing the City Manager to execute the Memorandum of Intent with + the Knight Foundation . SHO/JEG/mm a 8,-1229