HomeMy WebLinkAboutLegislation 5-28-09��.Is W. City of Miami
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Resolution
File Number: 09-00369
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 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 AS "EXHIBIT A", TO PROVIDE FOR THE DESIGN,
DEVELOPMENT AND CONSTRUCTION OF THE MUSEUM PARK PROJECT ON
BICENTENNIAL PARK ( "PROJECT").
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), for the development and operation of the museum component of the Museum Park Project
(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 (1) 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
Museum Park Project in accordance with the terms of the agreement;
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 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 of
the Mayor.{2}
City of Miami Page 1 of 2 Printed On: 5/20/2009
File Number. 09-00369
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