HomeMy WebLinkAboutLegislation 5-28-09-p;�.:
City of Miami
Legislation
Resolution
File Number: 09-00194
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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 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 AS "ATTACHMENT 2" TO, AMONG
OTHER THINGS, (1) REDUCE THE TOTAL NUMBER OF PARKING SPACES
THAT THE MUSEUMS ARE REQUIRED TO BUILD FOR THE MUSEUM
COMPONENT OF THE MUSEUM PARK PROJECT (MUSEUM COMPONENT)
FROM 480 TO 440, (11) PROVIDE THAT THE MUSEUMS' OBLIGATION TO
PROVIDE 300 PARKING SPACES, IN THE EVENT ONLY ONE (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 AS PROVIDED IN
THE AMENDMENTS.
WHEREAS, on December 11, 2008, the City Commission adopted Resolution No. 08-0707,
approving the terms of, and authorizing the City Manager to execute a lease agreement between the
City of Miami ("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) reduce the total
number of parking spaces that the museums are required to build for the museum component of the
project from 480 to 440, (ii) provide that the museums' obligation to provide 300 parking spaces, in the
event only one (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 as provided in the amendments;
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 as "Attachment 1 ", and the First Amendment to the MSM
Lease, in substantially the form attached as "Attachment 2", are hereby approved and authorized. The
City of Miami Page I of 2 Printed On: 5/2012009
File Number. 09-00194
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}
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 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 2 of 2 Printed On: 5/20/2009