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Legislation
Miami, FL 33133
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Resolution
File Number: 09-00194
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE TERMS OF, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE, A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE
CITY OF MIAMI ("CITY") AND THE MIAMI ART MUSEUM OF DADE COUNTY
ASSOCIATION, INC. ("MAM"), IN SUBSTANTIALLY THE FORM ATTACHED
HERETO AS "ATTACHMENT 1 ", AND A FIRST AMENDMENT TO LEASE
AGREEMENT BETWEEN THE CITY AND THE MUSEUM OF SCIENCE, INC.
("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS
"ATTACHMENT 2" TO, AMONG OTHER THINGS, (1) REDUCED THE TOTAL
NUMBER OF PARKING SPACES THAT THE MUSEUMS ARE REQUIRED TO
BUILD FOR THE MUSEUM COMPONENT OF THE PROJECT FROM 480 TO 440,
(11) PROVIDE THAT THE MUSEUMS' OBLIGATION TO PROVIDE 300 PARKING
SPACES, IN THE EVENT ONLY 1 MUSEUM IS BUILT, IS SUBJECT TO SUCH
MUSEUM BEING ABLE TO LEASE ADDITIONAL LAND TO ACCOMMODATE
SUCH PARKING SPACES, AND (111) INCREASE THE HEIGHT RESTRICTION OF
THE MSM AND MAM BUILDINGS TO 90 FEET ABOVE GRADE LEVEL.
WHEREAS, on December 11, 2008, the City Commission adopted Resolution No. 08- 01452,
approving the terms of, and authorizing the City Manager to execute a lease agreement between the
City and the Miami Art Museum of Dade County Association, Inc. (MAM) (the "MAM Lease"), and a
lease agreement between the City and the Museum of Science, Inc. (MSM) (the "MSM Lease), both of
which have been executed and are dated as of April 6, 2009 (collectively, the "Leases"); and
WHEREAS, it is necessary to amend the Leases to, among other things, (i) reduced the total
number of parking spaces that the museums are required to build for the Museum Component of the
Museum Park Project from 480 to 440, (ii) provide that the museums' obligation to provide 300 parking
spaces, in the event only 1 museum is built, is subject to such museum being able to lease additional
land to accommodate such parking spaces, and (iii) increase the height restriction of the MSM and
MAM buildings to 90 feet above grade level;
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 terms, and the execution by the City Manager, of the First Amendment to the MAM
Lease, in substantially the form attached hereto as "Attachment 1 ", and the First Amendment to the
MSM Lease, in substantially the form attached hereto as "Attachment 2", are hereby approved and
authorized. The City Manager is further authorized to execute such other documents as may be
required by, or contemplated in the Leases, as amended, subject to City Attorney approval.{1}
City of Miami Page I of 2 Printed On: 5/6/2009
File Number. 09-00194
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNE
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 Miand Page 2 of 2 Printed On: 5/6/2009