HomeMy WebLinkAboutR-09-0260Vop City of Miami
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Resolution: R-09-0260
File Number: 09-00370
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/28/2009
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 AS "EXHIBIT A", TO PROVIDE FOR
ENVIRONMENTAL SITE ASSESSMENTS AND CORRESPONDING SITE
REHABILITATION OF BICENTENNIAL PARK (" MUSEUM PARK"), INCLUDING
SPECIFICALLY THE CITY'S OBLIGATION TO PAY UP TO $2 MILLION 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 for the Museum Park Project developed by Cooper Robertson and 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. 08-0707, approving the terms of, and authorizing the City Manager to execute a lease
agreement between the City and MAM (the "MAM Lease"), and a lease agreement between the City
and MSM (the "MSM Lease), for the development and operation of the museum component of the
Project (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 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 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 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 and the Museums elect to not fund the deficiency;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miand Page 1 of 2 File Id. 09-00370 (Version: 4) Printed On: 6/21/2017
File Number: 09-00370
Enactment Number: R-09-0260
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 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}
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 File Id. 09-00370 (Version: 4) Printed On: 6/21/2017