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HomeMy WebLinkAboutLegislation-SUB V1File Dumber: 09-00132 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final .Action Date: ->i�tA= 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 o c EXHIBITS "A" THROUGH "E", RESPECTIVELY, RELATING TO THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF A NEW BASEBALL z STADIUM FOR THE FLORIDA MARLINS, AND RELATED PARKING FACILITIES, ti r c AS CONTEMPLATED IN THE BASEBALL STADIUM AGREEMENT DATED c n y MARCH 3, 2008, APPROVED BY THE CITY COMMISSION PURSUANT TO p z C1 RESOLUTION NO. 08-0089, ADOPTED FEBRUARY 21, 2008: 3 r 1.CONSTRUCTION ADMINISTRATION AGREEMENT AMONG i MIAMI-DADE COUNTY ("COUNTY"); THE CITY OF MIAMI ("CITY") 9 AND MARLINS STADIUM; DEVELOPER, LLC, A DELAWARE w Oro <34" LIMITED LIABILITY COMPANY Q (EXHIBIT "A") LL,,, c 2.OPERATING AGREEMENT AMONG THE COUNTY, THE CITY O c AND MARLINS STADIUM OPERATOR, LLC A DELAWARE LIMITED LIABILITY COMPANY Q Z (EXHIBIT "B"); 0 U Q UJ 3.CITY PARKING AGREEMENT AMONG THE CITY, THE COUNTY w cr-- IN AND MARLINS STADIUM OPERATOR, LLC, A DELAWARE LIMITED LIABILITY COMPANYy V) (EXHIBIT "C"); J co 00 ME 4.ASSURANCE AGREEMENT AMONG THE COUNTY, THE CITY =5 LIJ 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. Cin' of Miami OR- 001'32- �e-3, afii 0h_ SuQ Page 1 of 3 Printed On: 211212009 File Number: 09-00 132 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) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 3 Printed Dir: 2/12/2009 SUBSTITUTED �. City Hall f' ,� pf A .: City of Miami 3500 Pan American y Drive a' Legislation T",Miami, FL 33133 '.,�,( www.miamigov.com CU Ftp: - Resolution File Nu ber: 09-00132 Final Action Date: A RES LUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AU_ ING THE CITY MANAGER TO EXECUTE THE FOLLOWING STADIUM AGREEM TS, IN SUBSTANTIALLY THE ATTACHED FORMS HERETO, AS EXHIBITS "A' THROUGH "E", RESPECTIVELY, RELATING TO THE DEVELOPME CONSTRUCTION AND OPERATION OF A NEW BASEBALL STADIUM FOR E FLORIDA MARLINS, AND RELATED PARKING FACILITIES, AS CONTEMPLA DIN THE BASEBALL STADIUM AGREEMENT DATED MARCH 3, 2008, AP OVED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. O8- 089, ADOPTED FEBRUARY 21, 2008: 1.CONSTRUCTION ADMI STRATION AGREEMENT AMONG MIAMI-DADE COUNTY ("CO NTY"); THE CITY OF MIAMI ("CITY") AND MARLINS STADIUM; DE LOPER, LLC, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "A") 2.OPERATING AGREEMENT AMON HE COUNTY, THE CITY AND MARLINS STADIUM OPERATOR, C, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "B"); 3.CITY PARKING AGREEMENT AMONG THETY, THE COUNTY AND MARLINS STADIUM OPERATOR, LLC, A D17RE LIMITED LIABILITY COMPANY (EXHIBIT "C"); 4.ASSURANCE AGREEMENT AND FLORIDA MARLINS, L.P. PARTNERSHIP (EXHIBIT "D"); AND AMONG THE COUNTY, TFC CITY , A DELAWARE LIMITED \ 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 MANA R'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 Miami Page I of 3 Printed On: 2/6/2009 SUBSTITUTED Number: 09-00132 WHEREAS, the City of Miami ("City"), Miami -Dade County ("County") and the Florida Marlins, L.P. ("T m") executed a Baseball Stadium Agreement dated March 3, 2008 ("BSA"), outlining the general term" erm and conditions under which the parties would move forward to design, develop, construct and operas a Major League Baseball stadium and related Parking Facilities on the former Orange Bowl Site; and WHERE\B, BSA contemplated the execution of the definitive documents by July 1, 2008, and provided thaocuments were not signed by the above deadline, either party had the right to terminate thhereupon all parties would be responsible for the payment of a termination fee, as describeSA; and WHEREAS, none d(the parties has elected to terminate the BSA; and WHEREAS, the partie have negotiated the terms of the Stadium Agreements, consisting of the Construction Administration greement, the Operating Agreement, the City Parking Agreement, the Assurance Agreement and th Non -Relocation Agreement (collectively the "Stadium Agreements"), copies of which are attached he to as Exhibits "A" through "E", respectively; and WHEREAS, in accordance with ection 23 of the City of Miami Charter, the City will enter into an agreement with the Miami Parking Au ority (MPA) relating to the operation of the City Parking, which must be consistent with the terms an conditions set forth in the Parking Agreement (the "MPA Agreement"), prior to execution of the Par 1 g Agreement; and WHEREAS, the City Commission desires o authorize the City Manager to execute the Stadium Agreements, in substantially the attached fo s, and to authorize the City Manager or his/her designee to execute such other documents, in ding the MPA Agreement, and take such other actions, as required or permitted in the Stadium Agr ments; NOW, THEREFORE, BE IT RESOLVED BY TH COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Pre ble 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 St ium Agreements, in substantially the attached forms, for the development, construction and operation a new baseball stadium for the Florida Marlins, and related Parking Facilities, on the former Orange Bo I Site. Section 3. The City Manager or his designee is authorized{1} to exec to such other documents, including, but not limited to, the MPA Agreement and the warranty deed, all i a form acceptable to the City Attorney, and to take such other actions, as more particularly required or p rmitted in the Stadium Agreements. Section 4. This Resolution shall become effective immediately upon its adoptio and signature of the Mayor.(2} City of Mang Page 2 of Printed On: 2/6/2009 SUBSTITUTED File Number, 09-00132 ED AS TO FORM AND CORRECTNESS: JULIE O. B CITY ATTOROFy Footnotes: {1} The herein authorization is fu her subject to compliance with all requirements that may beclu imposed by the City Attorney, ining but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resof ion, it shall become effective at the end of ten calendar days from the date it was passed and adopted. the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the ity Commission. City of Miami Page 3 of Printed On.