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RESOLUTION NO. 7 9 - 8 3 8
RESOLUTION. REVISING AND APPROVING THE RIGHT OF
DEVELOPMENT, TO MIAMI CENTER ASSOCIATES,
AND WHICH PROVIDES FOR NOTICE TO MIAMI CENTER
ASSOCIATES, INC. OF CITY'S INTENTION TO DEVELOP
CERTAIN FACILITIES ON THE DALLAS PARK HOTEL SITE.
WHEREAS, pursuant to Ordinance No. 7221, adopted by the City Commission
on July 1, 1964, and; the approval of the voters of the City at an election
held September 29, 1964, the bonds of the City in the principal amount
of $4,500,000 were sold and delivered by the City on May 6, 1969, and
the proceeds of such bonds, with other funds, have been or shall be
applied to the payment of the cost of constructing a convention center
for the City, including parking facilities, appurtenances, land and
equipment and any necessary clearing, filling in, extending, enlarging
or improving the site therefor; and
WHEREAS, the City to enhance the success of the convention center
entered into an agreement dated April 1, 1977 with the University of
Miami, a non-profit corporation organized and existing under the laws of
the State of Florida (hereinafter referred to as the "University")
wherein the University agreed to lease and operate a conference center
as a part of the convention center (said conference center being herein
designated the "Conference Center" and said convention center and con-
ference center, collectively, being designated "City of Miami/University
of Miami James L. Knight International Center" and herein called the
"DOCUMENT INDEX
"Convention Center"); and
WHEREAS, said agreement among other things, p'ovideshtha
University shall make available $2,500,000 with certain earnings thereon
to the City as advance rent for the Conference Center on the condition
that the City cause to be constructed a luxury hotel of not less than
250 rooms and a parking garage of approximately 1,000 car capacity to be
operated as part of said Convention Center; and
CITY COMMISSION
MEETING OF
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WHEREAS, the City, on February 16, 1977, by published notice,
invited expression of interest from developers in the development and
operation of commercial facilities essential for the successful operation
of the Convention Center Complex and pursuant to such invitations, Miami
Center Associates, Ltd. submitted its development proposal to the City
for the development of Phase A which included a Conference and Convention
Center along with a first class hotel and attendant facilities, and
Miami Center Associates, Inc. additionally proposed a right of first
refusal with respect to development of Phase B, which includes a parking
garage and the future development of the air rights above such parking
garage; and
WHEREAS, the City Commission, by Resolution No. 78-74 adopted
January 24, 1978, accepted the proposals of Miami Center Associates,
Ltd., and Miami Center Associates, Inc.,, authorized the City Manager to
execute contracts with the Developer for the development of Phase A and
Miami Center Associates, Inc. for the right to perform the same construction,
managing and development services in regards to Phase B; and
WHEREAS, the City and Miami Center Associates, Inc. agreed to the
terms of the right of first refusal with respect to Phase B;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI,` FLORIDA:
Section 1. The Commission hereby finds and determines and declares
that the right of first refusal granted by the City to Miami Center
Associates, Inc. is desirable and in the public interest, and Article 15
of the April 20, 1978 Construction Management Agreement shall be amended
by adding the following:
"(a) If within 5 years from September 13, 1979 the City
shall decide to develop additional facilities on the Dallas
Park Hotel site, Miami Center Associates, Inc. shall have
a right of first refusal to lease, construct and operate such
facilities upon the terms and conditions hereinafter set forth
for a period of six (6) months from the date on which the City.
shall notify Miami Center Associates, Inc. of its intent to
develop the additional facilities.
(b) The terms and conditions upon which such additional.
facilities shall be leased, constructed and operated shall be
as then agreed.
(c) If City and Miami Center Associates, Inc. are unable to
agree upon terms and conditions for construction and operation
of such additional facilities within six (6) months from the
date of its notice of intention to develop, the City shall be
free to contract with any other party for construction and
operation of such additional facilities, provided that the terms
and conditions of such contract shall not be less favorable to
the City than the terms and conditions last offered to the
City by Miami Center Associates, Inc."
Section 2. It is the intention of the Commission that the City
Manager is hereby authorized and directed to give notice of City's
intention to develop the Dallas Park Hotel site.
Section 3. This resolution shall be effective immediately upon its
adoption.
PASSED AND ADOPTED this 5th day of December
1979.
Maurice A. Ferre.
MAURICE A. FERRE
MAYOR
APPROVED AS TO CONTENT:
i//
JAMES J. CONNOLEY, PROJECT DIRECTOR
&'
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:.
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR.
CITY ATTORNEY
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79-838