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Resolution
File Number: 09-00132
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING STADIUM
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS HERETO, AS
EXHIBITS "A" THROUGH "E", RESPECTIVELY, RELATING TO THE
DEVELOPMENT, CONSTRUCTION AND OPERATION OF A NEW BASEBALL
STADIUM FOR THE FLORIDA MARLINS, AND RELATED PARKING FACILITIES,
AS CONTEMPLATED IN THE BASEBALL STADIUM AGREEMENT DATED
MARCH 3, 2008, APPROVED BY THE CITY COMMISSION PURSUANT TO
RESOLUTION NO. 08-0089, ADOPTED FEBRUARY 21, 2008:
1.CONSTRUCTION ADMINISTRATION AGREEMENT AMONG
MIAMI-DADE COUNTY ("COUNTY"); THE CITY OF MIAMI ("CITY")
AND MARLINS STADIUM; DEVELOPER, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
(EXHIBIT "A")
2.OPERATING AGREEMENT AMONG THE COUNTY, THE CITY
AND MARLINS STADIUM OPERATOR, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
(EXHIBIT "B");
3.CITY PARKING AGREEMENT AMONG THE CITY, THE COUNTY
AND MARLINS STADIUM OPERATOR, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
(EXHIBIT "C");
4.ASSURANCE AGREEMENT AMONG THE COUNTY, THE CITY
AND FLORIDA MARLINS, L.P., A DELAWARE LIMITED
PARTNERSHIP
(EXHIBIT "D"); AND
5.NON-RELOCATION AGREEMENT AMONG THE COUNTY, THE
CITY AND FLORIDA MARLINS, L.P., A DELAWARE LIMITED
PARTNERSHIP
(EXHIBIT "E");
FURTHER AUTHORIZING THE CITY MANAGER AND/OR THE CITY MANAGER'S
DESIGNEE TO EXECUTE SUCH OTHER DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE SUCH OTHER
ACTIONS, AS MORE PARTICULARLY REQUIRED OR PERMITTED IN THE
STADIUM AGREEMENTS.
City of Munni Page 1 of 3 Printed On: 2/12/2009
File Number: 09-00132
WHEREAS, the City of Miami ("City"), Miami -Dade County ("County") and the Florida Marlins, L.P.
("Team") executed a Baseball Stadium Agreement dated March 3, 2008 ("BSA"), outlining the general
terms and conditions under which the parties would move forward to design, develop, construct and
operate a Major League Baseball stadium and related Parking Facilities on the former Orange Bowl
Site; and
WHEREAS, the BSA contemplated the execution of the definitive documents by July 1, 2008, and
provided that if the documents were not signed by the above deadline, either party had the right to
terminate the BSA, whereupon all parties would be responsible for the payment of a termination fee, as
described in the BSA; and
WHEREAS, none of the parties has elected to terminate the BSA; and
WHEREAS, the parties have negotiated the terms of the Stadium Agreements, consisting of the
Construction Administration Agreement, the Operating Agreement, the City Parking Agreement, the
Assurance Agreement and the Non -Relocation Agreement (collectively the "Stadium Agreements"),
copies of which are attached hereto as Exhibits "A" through "E", respectively; and
WHEREAS, in accordance with Section 23 of the City of Miami Charter, the City will enter into an
agreement with the Miami Parking Authority (MPA) relating to the operation of the City Parking, which
must be consistent with the terms and conditions set forth in the Parking Agreement (the "MPA
Agreement"); and
WHEREAS, the City Commission desires to authorize the City Manager to execute the Stadium
Agreements, in substantially the attached forms, and to authorize the City Manager or his/her designee
to execute such other documents, including the MPA Agreement, and take such other actions, as
required or permitted in the Stadium Agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute the Stadium Agreements, in substantially
the attached forms, for the development, construction and operation of a new baseball stadium for the
Florida Marlins, and related Parking Facilities, on the former Orange Bowl Site.
Section 3. The City Manager or his designee is authorized{1} to execute such other documents,
including, but not limited to, the MPA Agreement and the warranty deed, all in a form acceptable to the
City Attorney, and to take such other actions, as more particularly required or permitted in the Stadium
Agreements.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2)
City of Miami Page 2 of 3 Printed On: 2/12/2009
File Number. 09-00132
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 Printed On: 2/12/2009