HomeMy WebLinkAboutSummary Form 5-28-09AGENDA ITEM SUMMARY FORM Law Department
TMatter ID No.
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Date: 5/15/2009 Requesting Department: City Manager's Office
Commission Meeting Date: 5 /28/2009 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject:
Purpose of Item:
A Resolution of the Miami City Commission, with attachments, 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 the 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, (I) 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, GI) 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 as provided in the amendments.
Budget Impact Analysis
YES Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact: $1.00 yr.
Final Approvals
(SIGN AND DATE)
CIP Budget �► �M►L,�1- slt��o4
1f using or receiving ca ita fu ds
Grants N �} Risk Management
Purchasin 0 Dept. Director
Chief 0/2 VO4 City Manager
Pagel of 2
Subject: Museum Park Project - First Amendment to the Lease Agreement with the Miami Art
Museum of Dade County Association, Inc. and the Museum of Science, Inc..
Background Information:
On December 11, 2008, the City Commission adopted Resolution No. 08- 0707, approving the terms
of, and authorizing the City Manager to execute two (2) lease agreements respectively between the
City of Miami ("City") and the Miami Art Museum of Dade County Association, Inc. (MAM) (the
"MAM Lease") and between the City and the Museum of Science, Inc. (MSM) (the "MSM Lease).
These Leases each require the City to negotiate a tri -partite Development Agreement ("Development
Agreement") and a tri -partite Environmental Remediation Agreement ("Remediation Agreement")
with the Museums for the consideration and approval of the City Commission. Over the months
subsequent to the approval of these leases, the negotiations for these companion Development and
Remediation Agreements raised potential conflicts with the original lease terms approved in
December 2008 by the City Commission, thereby requiring amendments to the MAM and the MSM
Leases.
In particular, the inability of the State of Florida Department of Transportation ("FDOT") to grant a
long-term lease for an FDOT parcel adjoining the MAM lease area, necessitated the relocation of a
turnaround to the proposed parking garage. This in turn led to museum's inability to develop the 480
parking spaces contemplated in the original lease agreement and led them to request a reduction in the
total number of parking spaces to 440. The proposal to increase the parking space land available to
the museums in the event that only one (1) museum is built were posed as a means to address the
Commission's concerns regarding adequate parking.
Taken as a whole, the amendments recommended in these companion lease amendments will bring
the three definitive documents in conformity with one another. The City Administration therefore
recommends that the City Commission approve these First Amendments to the MAM and MSM
Lease Aiareements.
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