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HomeMy WebLinkAboutLegislation 5-14-09File Number: 09-00370 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, AN ENVIRONMENTAL REMEDIATION 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 PERFORMANCE OF ENVIRONMENTAL SITE ASSESSMENTS AND CORRESPONDING SITE REHABILITATION OF BICENTENNIAL PARK (" MUSEUM PARK"), INCLUDING SPECIFICALLY THE CITY'S OBLIGATION TO PAY UP TO $2 MILLION DOLLARS TOWARD THE COST OF ENVIRONMENTAL REMEDIATION OF THE MAM AND MSM SITES, WITHIN MUSEUM PARK, WHICH HAVE BEEN LEASED TO MAM AND MSM FOR THE DEVELOPMENT OF THE MUSEUM COMPONENT OF THE MUSEUM PARK PROJECT. WHEREAS, on September 12, 2008, the City of Miami ("City"), the Miami Art Museum of Dade County Association, Inc. ("MAM") and the Museum of Science, Inc. ("MSM"), together with Miami -Dade County, the Historical Association of Southern Florida, Inc. and the Miami Sports and Exhibition Authority, executed a Memorandum of Understanding (the "MOU") setting forth.the parties' intent to develop the Museum Park Project in Bicentennial Park (the "Project) as contemplated in the Master Plan approved by the City Commission pursuant to Resolution No. 08-0126, adopted March 13, 2008; and WHEREAS, pursuant to the MOU, 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 in Museum Park (collectively, the "Leases"); and WHEREAS, the Leases provide that the execution of an Environmental Remediation Agreement is a condition precedent to the possession date under the Leases and failure to execute the Environmental Remediation Agreement within 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 Environmental Remediation Agreement which, consistent with the terms of the Leases and the MOU provide, among other things, the City's obligation to contribute up to $2 million dollars toward the cost of environmental remediation of the MAM and MSM sites, and the right of the Museums to terminate the Leases by June 9, 2009, if the cost of remediation exceeds $2 million dollars and the Museums elect to not fund the deficiency; City of Miami Page 1 of 2 Printed On: 5/6/2009 City of Miami Legislation .if C: Resolution File Number: 09-00370 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, AN ENVIRONMENTAL REMEDIATION 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 PERFORMANCE OF ENVIRONMENTAL SITE ASSESSMENTS AND CORRESPONDING SITE REHABILITATION OF BICENTENNIAL PARK (" MUSEUM PARK"), INCLUDING SPECIFICALLY THE CITY'S OBLIGATION TO PAY UP TO $2 MILLION DOLLARS TOWARD THE COST OF ENVIRONMENTAL REMEDIATION OF THE MAM AND MSM SITES, WITHIN MUSEUM PARK, WHICH HAVE BEEN LEASED TO MAM AND MSM FOR THE DEVELOPMENT OF THE MUSEUM COMPONENT OF THE MUSEUM PARK PROJECT. WHEREAS, on September 12, 2008, the City of Miami ("City"), the Miami Art Museum of Dade County Association, Inc. ("MAM") and the Museum of Science, Inc. ("MSM"), together with Miami -Dade County, the Historical Association of Southern Florida, Inc. and the Miami Sports and Exhibition Authority, executed a Memorandum of Understanding (the "MOU") setting forth.the parties' intent to develop the Museum Park Project in Bicentennial Park (the "Project) as contemplated in the Master Plan approved by the City Commission pursuant to Resolution No. 08-0126, adopted March 13, 2008; and WHEREAS, pursuant to the MOU, 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 in Museum Park (collectively, the "Leases"); and WHEREAS, the Leases provide that the execution of an Environmental Remediation Agreement is a condition precedent to the possession date under the Leases and failure to execute the Environmental Remediation Agreement within 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 Environmental Remediation Agreement which, consistent with the terms of the Leases and the MOU provide, among other things, the City's obligation to contribute up to $2 million dollars toward the cost of environmental remediation of the MAM and MSM sites, and the right of the Museums to terminate the Leases by June 9, 2009, if the cost of remediation exceeds $2 million dollars and the Museums elect to not fund the deficiency; City of Miami Page 1 of 2 Printed On: 5/6/2009 File Number: 09-00370 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 Environmental Remediation Agreement, in substantially the form attached hereto as "Exhibit A", are hereby approved and authorized. The City Manager is further authorized to execute such other documents as may be required pursuant to, or to implement the Environmental Remediation Agreement.{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 ^. f/J CITY ATTORNEY v 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