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HomeMy WebLinkAboutLegislation 5-14-09File Number: 09-00369 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 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY"), THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM") AND THE MUSEUM OF SCIENCE, INC.("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT A", TO PROVIDE FOR THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF THE MUSEUM PARK PROJECT ON BICENTENNIAL PARK ( MUSEUM PARK). 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), for the development and operation of the Museum Component of the Museum Park Project (the "Project") in Museum Park (collectively, the "Leases"); and WHEREAS, the Leases provide that the execution of a Development Agreement is a condition precedent to the possession date under the Leases and failure to execute the Development Agreement within one-year from the effective date of the Leases may result in the termination of the Leases; and WHEREAS, the City, MAM and MSM have negotiated the attached Development Agreement to provide for each party's obligation to fund, develop and construct its respective component of the Project in accordance with the terms of the agreement which include, among other things, the City's obligation to build Minimum Park Improvements, at a cost not to exceed $2 million dollars, in the event the boundaries of the Omni Community Redevelopment Agency are not expanded to include the Project and the City does not identify sufficient funds to complete the Park Component as contemplated in the master plan for the Project; 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 Development Agreement, in substantially the form attached hereto as "Exhibit A", is hereby approved and authorized. The City Manager is further authorized to execute such other documents as may be required or contemplated in the Development Agreement, subject to City Attorney approval.{1} Section 3. This Resolution shall become effective immediately upon its adoption and signature City of Miami Page I of 2 Printed On: 5/6/2009 City of Miami Hall 3500 Pa American �. Drive Legislation Miami, FL 33133 .;> f www.miamigov.com Resolution File Number: 09-00369 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 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY"), THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM") AND THE MUSEUM OF SCIENCE, INC.("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT A", TO PROVIDE FOR THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF THE MUSEUM PARK PROJECT ON BICENTENNIAL PARK ( MUSEUM PARK). 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), for the development and operation of the Museum Component of the Museum Park Project (the "Project") in Museum Park (collectively, the "Leases"); and WHEREAS, the Leases provide that the execution of a Development Agreement is a condition precedent to the possession date under the Leases and failure to execute the Development Agreement within one-year from the effective date of the Leases may result in the termination of the Leases; and WHEREAS, the City, MAM and MSM have negotiated the attached Development Agreement to provide for each party's obligation to fund, develop and construct its respective component of the Project in accordance with the terms of the agreement which include, among other things, the City's obligation to build Minimum Park Improvements, at a cost not to exceed $2 million dollars, in the event the boundaries of the Omni Community Redevelopment Agency are not expanded to include the Project and the City does not identify sufficient funds to complete the Park Component as contemplated in the master plan for the Project; 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 Development Agreement, in substantially the form attached hereto as "Exhibit A", is hereby approved and authorized. The City Manager is further authorized to execute such other documents as may be required or contemplated in the Development Agreement, subject to City Attorney approval.{1} Section 3. This Resolution shall become effective immediately upon its adoption and signature City of Miami Page I of 2 Printed On: 5/6/2009 File Number. 09-00369 of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU �J 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: 5/6/2009