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HomeMy WebLinkAboutPre LegislationJ-03-686 09/03/03 RESOLUTION NO. 0 911 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BALLET GAMONET, INC. FOR A PUBLIC BALLET PROJECT IN THE ALFRED I. DUPONT BUILDING LOCATED AT 169 EAST FLAGLER STREET, MIAMI, FLORIDA, TO PROVIDE CITY FUNDING, IN AN AMOUNT NOT TO EXCEED $300,000, FOR THE ACQUISITION OF BALLET PERFORMANCE EQUIPMENT AND CAPITAL IMPROVEMENTS LEASED BY THE CITY AT A NOMINAL RENTAL FEE, FOR PUBLICLY ACCESSIBLE AND CERTAIN FREE OR REDUCED COST BALLET PERFORMANCES, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE HEREIN RESOLUTION AND THE AGREEMENT; ALLOCATING FUNDS FROM DISTRICT 2 (DOWNTOWN) QUALITY OF LIFE CAPITAL IMPROVEMENTS PROJECT NO. 311712, UNDER THE HOMELAND DEFENSE - NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. WHEREAS, the City of Miami ("City") has established a goal to "achieve a livable City center with a variety of urban housing for people of all levels," initially stated in the 1989 Downtown Miami Master Plan, adopted by Resolution No. 89-990; and WHEREAS, under the City Charter, Section 3(mm)(ii), City Ordinance No. 11000 and the City's Downtown Miami Master Plan, the City Commission has determined that cultural enrichment is a component of that Master Plan; and WHEREAS, after many years with little residential development, developers are now building the first downtown residential development projects in more than 30 years to fulfill the City's goal to create market -rate, middle -income residential housing in this area; and WHEREAS, an essential component of enriching life for downtown residents, as well as the many employees in the private and public sector who work in the area, is the existence and availability of cultural programs, performances and events for the public who work and/or live downtown, and the contemplated ballet performance area for Ballet Gamonet ("Gamonet") which will serve as an amenity for the general public, and a wonderful cultural addition to the City; and WHEREAS, the City Commission finds and determines that funding of the equipment, to be owned by the City, and leased to Gamonet at a nominal amount, and the funding of certain other capital improvements projects specified in the Agreement between the City and Gamonet will promote the general health and welfare of the citizens of the City by providing, among other things, ballet performances that are offered to the general public, a portion of which will be for free or at reduced cost to residents of the City; and WHEREAS, the utilization of the historic Alfred I. DuPont Building ("DuPont Building"), located in Downtown Miami, at 169 Page 2 of 6 03- 9i1 East Flagler Street, Miami, Florida, will culturally enrich Miami and serve a valid public purpose; and WHEREAS, the Gamonet organization is a 501 (c) (3) tax exempt organization, and is devoted to the creation and presentation of dance performances for the use and enjoyment of the general public, specifically and expressly to focus on residents of the City, and Gamonet is a current lessee. in the architecturally renown historically designated DuPont Building; and WHEREAS, the City Commission finds and determines the acquisition by the City of dance performance equipment and related improvements for Gamonet's use, title to which will remain vested in the City, will primarily benefit the general public as a cultural and recreational activity, performed downtown and accessible to the public; and WHEREAS, the City Commission, by passage of this Resolution, will authorize the allocation 'of City funds in the amount of $300,000 for the acquisition of certain dance equipment and other specified capital improvements for Gamonet to lease and will further authorize the City Manager to execute an agreement for this purpose; and WHEREAS, the agreement lays forth the duties and responsibilities of the City and Gamonet, and provides for the use, accountability, accessibility, and terms of this undertaking by Gamonet; and Page 3 of 6 03- 911 • WHEREAS, the agreement also provides for Gamonet and.its successors to maintain public access to its performances, and that Improvements will be owned by the City for the use and benefit of Gamonet, as long as Gamonet maintains its statue as a not -for -profit corporation operating within the City and is in compliance with the agreement approved by this Resolution; and WHEREAS, funds for this purpose are available from District 2 (Downtown) -Quality of Life Capital Improvements Project No. 311712, Improvements, under the Homeland Defense Neighborhood Improvement Bond Program; and WHEREAS, the City's Bond Oversight Board additionally reviewed and approved of the proposed use of such funds at its meeting of May 27, 2003; and WHEREAS, the acquisition of artistic services, works of art, or entertainment services and related lease of personal property for these services for City sponsored events are excluded from the Purchasing Ordinance; 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. Page 4 of 6 rr�^Jv �'1P 03- 911 imnoeeQ Dv Glee Q.J. L.y raj. a.vlaa ..r, • Section 2. The City Manager is authorizedai to execute an Agreement, in City and Gamonet Alfred I. Dupont substantially the attached form, between the for a public ballet project, located in the Building at 169 East Flagler Street, Miami, Florida, to provide City funding, in the amount of $300,000,.for the acquisition of dance performance equipmen capital improvements, to be owned by the City, Gamonet at a nominal rental fee, for publicly certain free or reduced cost ballet performances, terms of the herein Resolution and the Agreement, with funds allocated from District 2 (Downtown) Quality of Life Capital Improvements Project No. 341210, Improvements Project under the Homeland Defense - Neighborhood Improvement Bond Program. t and related and leased to accessible and subject to the Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.aV 1/ 2/ 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 provisions of the City Charter and Code provisions. 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. • Page 5 of 6 J3- 911 • PASSED AND ADOPTED this 5th. ATTEST: APPR day of ptemher. ORM AND CORRECTNESS e/ ILARELLO ATTORNEY W7428:RSR:db:AS:BSS 2003. Page 6 of 6 03- 911