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File Number: 05-00034 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWENTY-THIRD
AMENDMENT TO THE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN TINA HILLS AND THE CITY OF MIAMI
REGARDING THE CONSTRUCTION OF SEVEN PLAY SCULPTURES IN
BAYFRONT PARK; EXTENDING THE PRIOR AGREEMENT UNTIL DECEMBER
31, 2005, SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN
SAID AGREEMENT.
WHEREAS, Resolution No. 85-1231, adopted December 19, 1985, authorized the City of Miami
("City") to enter into an agreement with Lee Hills, deceased, and Tina Hills regarding the construction
of seven play sculptures in Bayfront Park; and
WHEREAS, pursuant to that agreement, the Hills provided a grant to the City in the amount of
$110,000, subject to certain terms and conditions; and
WHEREAS, previously, the City's Department of Risk Management determined that the proposed
play sculptures contemplated in the agreement were unsafe; and
WHEREAS, Mrs. Hills and the Bayfront Park Management Trust ("Trust") staff are developing an
alternative use for the funds; and
WHEREAS, the Trust recommends approval of this extension of the agreement at its December
27, 2004 board meeting; and
WHEREAS, the twenty-third amendment to the agreement authorizes the City and Mrs. Hills to
execute the amendment approving an extension to the agreement for the project until December 31,
2005;
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 City Manager is authorized{1} to execute the twenty-third amendment to the
agreement, in substantially the attached form, between Tina Hills and the City regarding the
construction of seven play sculptures in Bayfront Park and the prior agreement is extended until
December 31, 2005, subject to all other terms and conditions set forth in said agreement.
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: 1/31/2005
File Number: 05-00034
APPROVED AS TO FORM AND CORRECTNESS
"JORGE L. FERNANDEZ
CITY ATTORNEY 141/
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: I/31/2005