HomeMy WebLinkAboutR-05-0305City of Miami
Legislation
Resolution: R-05-0305
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00464 Final Action Date: 5/12/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE NON -BINDING
MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF MIAMI,
MIAMI-DADE COUNTY ("COUNTY") AND THE FLORIDA MARLINS, L.P. DATED
MARCH 1, 2005, 2005 ("MOU"), APPROVED BY THE CITY COMMISSION ON
FEBRUARY 24, 2005, PURSUANT TO RESOLUTION NO. 05-0127, TO:
(1) EXPRESS THE PARTIES' CONTINUING JOINT EFFORTS TO DESIGN,
DEVELOP, CONSTRUCT AND OPERATE A MAJOR LEAGUE BASEBALL FACILITY
AND RELATED PARKING FACILITIES ADJACENT TO THE ORANGE BOWL
STADIUM AND THE PARTIES' DESIRE TO AUTHORIZE THE COUNTY TO
UNDERTAKE PRELIMINARY STEPS TO COMMENCE THE EMINENT DOMAIN
PROCESSES NECESSARY TO FURTHER THE PURPOSES OF THE MOU; AND
(2) DELETE THE AUTOMATIC TERMINATION PROVISION IF THE STATE OF
FLORIDA FAILS TO APPROVE THE STATE SALES TAX REBATE BY MAY 2, 2005;
WITH SAID AMENDMENT TO BE SUBJECT TO THE APPROVAL OF THE CITY
ATTORNEY.
WHEREAS, Miami -Dade County ("County"), the Florida Marlins, L.P. and the City of Miami
("City") entered into a Memorandum of Understanding dated March 1, 2005 ("MOU") which sets forth
the general terms and conditions with respect to the parties' joint efforts to design, develop, construct
and operate the new ballpark for the Florida Marlins and related parking facilities adjacent to the
Orange Bowl located within the City; and
WHEREAS, the MOU provides for the parties' intent to negotiate in good faith definitive
agreements, which shall be subject to the approval by the governing body of each party; and
WHEREAS, the MOU contemplates the acquisition of certain properties by negotiated
purchases or eminent domain; and
WHEREAS, Paragraph VIII of the MOU provides for its automatic termination in the event that
the State of Florida fails to definitely approve the State Sales Tax Rebate by May 2, 2005; and
WHEREAS, the parties wish to take preliminary steps to commence the eminent domain
processes notwithstanding that the State of Florida did not approve the State Sales Tax Rebate by
May as contemplated in the MOU;
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 Miami
Page 1 of 2 File Id: 05-00464 (Version: 11 Printed On: 11/14/2016
File Number: 05-00464 Enactment Number: R-05-0305
Section 2. The City Manager is authorized{1} to execute an Amendment to the non -binding MOU
between the City, the County and the Florida Marlins, L.P. dated March 1, 2005, adopted by the City
Commission on February 24, 2005, pursuant to Resolution No. 05-0127, to: (1) express the parties'
continuing joint efforts to design, develop, construct and operate a major league baseball facility and
related parking facilities adjacent to the Orange Bowl Stadium and the parties' desire to authorize
the County to undertake preliminary steps to commence the eminent domain processes necessary
to further the purposes of the MOU; and (2) delete the automatic termination provision if the State of
Florida fails to approve the State Sales Tax Rebate by May 2, 2005.
Section 3. The amendment authorized hereunder shall be subject to the approval of the City
Attorney.
Section 4. 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 (10) 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: 05-00464 (Version: 11 Printed On: 11/14/2016