HomeMy WebLinkAboutR-09-0304Vop City of Miami
Legislation
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Resolution: R-09-0304
File Number: 09-00668
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/18/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RELATED TO THE BASEBALL STADIUM, APPROVING THE TERMS OF, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE, A FIRST AMENDMENT TO
CONSTRUCTION ADMINISTRATION AGREEMENT BY AND AMONG MIAMI-DADE
COUNTY ("COUNTY"), CITY OF MIAMI ("CITY") AND MARLINS STADIUM
DEVELOPER, LLC, (THE "CAA') IN SUBSTANTIALLY THE FORM ATTACHED AS
ATTACHMENT 1 TO, AMONG OTHER THINGS, (I) EXTEND THE OUTSIDE DATE
FOR TERMINATION FOR CONVENIENCE BYALL PARTIES TO THE EARLIER OF:
EXECUTION BY COUNTY OF BOND PURCHASE AGREEMENTS OR JULY 15,
2009, (II) PROVIDE THAT IF THE COUNTY HAS NOT CLOSED THE COUNTY
BONDS BY JULY 17, 2009, THE COUNTY SHALL HAVE THE RIGHT TO
TERMINATE THE CAA FOR CONVENIENCE, (III) EXTEND THE DATE THE CITY IS
REQUIRED TO DEPOSIT THE CITY'S FUNDS TO JULY 17, 2009, (IV) AMEND THE
FORCE MAJEURE PROVISION TO IDENTIFY CERTAIN SPECIFIC EVENTS THAT
WILL EXTEND THE PARTIES' FUNDING OBLIGATIONS UNDER THE CAA BY THE
LENGTH OF THE DELAY CAUSED BY THE EVENTS, AND (V) AMEND THE
WARRANTY DEED FOR THE BASEBALL STADIUM SITE, WHICH IS EXHIBIT "E"
TO THE CAA, TO INCLUDE AN AUTOMATIC REVERTER IN THE EVENT THE CAA
IS TERMINATED FOR CONVENIENCE AND INCLUDE THE LEGAL DESCRIPTION
BASED ON THE RE -PLAT OF THE PROPERTY.
WHEREAS, on April 15, 2009, the City of Miami ("City"), Miami -Dade County ("County") and
Marlins Stadium Developer, LLC ("Stadium Developer") entered into a Construction Administration
Agreement for the construction of the Baseball Stadium, related Public Infrastructure and City Parking
Facilities (the "CAA"), authorized by the City Commission pursuant to Resolution No. 09-0131,
adopted March 19, 2009; and
WHEREAS, it is necessary to amend the CAA to, among other things, extend the deadline for
termination for convenience to enable the County to complete its financing of the project; and
WHEREAS, it is in the best interest of the City to amend the Warranty Deed attached to the CAA
as Exhibit "E", to include a provision that title to the Baseball Stadium Site will automatically revert to
the City in the event the CAA is terminated for convenience;
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.
City of Miand Page 1 of 2 File Id. 09-00668 (Version: 2) Printed On: 6/23/2017
File Number: 09-00668 Enactment Number: R-09-0304
Section 2. The City Commission hereby approves the terms of, and authorizes the City
Manager{1 } to execute, the First Amendment to the CAA, in substantially the form attached as
Attachment 1 to, among other things, (i) extend the outside date for termination for convenience by
all parties to the earlier of execution by County of bond purchase agreements or July 15, 2009, (ii)
provide that if the County has not closed the County Bonds by July 17, 2009, the County shall have
the right to terminate the CAA for convenience; (iii) extend the date the City is required to deposit the
City's funds to July 17, 2009, (iv) amend the Force Majeure provision to identify certain specific
events that will extend the Parties' funding obligations under the CAA by the length of the delay
caused by the event, and (v) amend the Warranty Deed for the Baseball Stadium Site to include an
automatic reverter in the event the CAA is terminated for convenience and include the legal
description based on the re -plat of the property.
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. 09-00668 (Version: 2) Printed On: 6/23/2017