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Home My WebLink AboutR-08-0452City of Miami Legislation Resolution: R-08-0452 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00857a Final Action Date: 7/24/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ('MAM"), TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000), APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS, FROM SERIES 2007B HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, IN CAPITAL IMPROVEMENT PROJECT NO. B-78503, ENTITLED "MIAMI ART MUSEUM -BICENTENNIAL PARK;" DIRECTING THE CITY MANAGER TO INCLUDE IN APPROPRIATE DEFINITIVE DOCUMENTS, WITH MAM, THE CITY COMMISSION'S DIRECTIVES OF CONDITIONS TO BE FURTHER DETAILED AND ENFORCED, OF JUNE 14, 2007 AND MAY 22, 2008, COLLECTIVELY ("DIRECTIVES"), UNLESS SUCH DIRECTIVES ARE SUBSEQUENTLY WAIVED OR MODIFIED BY THE CITY COMMISSION; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the Center for Fine Arts Association, Inc., was the operator of the regional fine arts museum located on Miami -Dade County property when it opened in 1984, and was subsequently re -organized in 1996 as Miami Art Museum of Dade County, Inc. ("MAM"); and WHEREAS, MAM is a 501(c)(3) tax exempt organization devoted to the collection and presentation of works of fine art for the use and enjoyment of the general public and has operated the regional fine arts museum since 1996; and WHEREAS, on October 11, 2001, the City Commission adopted Ordinance No. 12137 granting authorization to seek voter approval, and providing an allocation of future bond funds to specified projects; and WHEREAS, the public information campaign conducted for the voter referendum and the enabling legislation identified the "Miami Art Museum" and the allocation of future bond proceeds "to assist the museum in establishing a development site at Bicentennial Park ("Park")," which is a recreational facility owned by the City and located at 1075 Biscayne Boulevard, Miami, Florida; and WHEREAS, on November 13, 2001, the voters of the City of Miami ("City") approved by referendum the City's issuance of $255 million, in limited ad valorem tax general obligation bonds for homeland security, neighborhood improvements, capital projects and infrastructure improvements to be known as the future "Homeland Defense/Neighborhood Improvement Bond Program"; and City of Miami Page 1 of 4 File Id: 08-00857a (Version: 2) Printed On: 5/11/2017 File Number: 08-00857a Enactment Number: R-08-0452 WHEREAS, the City clarified project allocations for the future Homeland Defense/Neighborhood Improvement Bond Program pursuant to Resolution No. 02-1294, adopted December 12, 2002, and the City issued its Limited Ad Valorem Tax Bonds, Series 2002 (Homeland Defense/Neighborhood Capital Improvements Projects) (the "Series 2002 Bonds"); and WHEREAS, the City completed and approved a community -based plan entitled "Bicentennial Park -Museum Park" which recommended that four (4) acres in the Park be reserved for the development of an art museum and an additional four (4) acres be reserved for the development of a science museum; and WHEREAS, Miami -Dade County voters also approved, in November, 2004, the issuance of general obligation bonds and included in its bond program the sum of $100,000,000, to support the development of a new art museum facility in Bicentennial Park ("MAM Project"); and WHEREAS, the MAM Project will be a public fine arts museum, a significant community asset offering first class art collections, exhibitions, classes and courses located in an approved site in the Park and will enhance the artistic and cultural vibrancy and life of the City, and of its residents and visitors; and WHEREAS, the City allocated a total of $3,500,000, for the MAM Project from the Homeland Defense/Neighborhood Improvement Bond Program to be dispersed over several funding cycles; and WHEREAS, in furtherance of the MAM Project, the City utilized $800,000, of the proceeds from the Series 2002 Bonds under the Homeland-Defense/Neighborhood Improvement Bond Program to hire Cooper, Robertson and Partners, to prepare a master site plan and design development documents for the overall Museum Park Project in Bicentennial Park (the "Museum Park Project"); and WHEREAS, Resolution No. 05-0175, adopted March 24, 2005, authorized an initial grant in the amount of $700,000, to MAM utilizing Series 2002 Bond proceeds; and WHEREAS, MAM secured consultants specializing in fine arts museum planning, financial feasibility and project management with the assistance of these funds; and WHEREAS, pursuant to Resolution R-07-0353, adopted June 14, 2007, the City Commission authorized additional funding for the Homeland Defense/Neighborhood Improvement Bond Program through the issuance of the Limited Ad Valorem Tax Bonds, Series 2007B (Homeland Defense/Neighborhood Capital Improvement Projects) (the "Series 2007B Bonds"); and WHEREAS, MAM has now exhausted the $700,000 from the Series 2002 Bond proceeds, and seeks the remaining funds from the Series 2007B Bonds proceeds to begin implementation of the MAM Project plans including the retention of an architectural firm and various design consultants to develop construction documents; and WHEREAS, the City's Bond Oversight Board has approved the request at its meeting of March 30, 2007; and WHEREAS, funds for this purpose are available from the Series 2007B Bonds as appropriated City of Miami Page 2 of 4 File Id: 08-00857a (Version: 2) Printed On: 5/11/2017 File Number: 08-00857a Enactment Number: R-08-0452 into the Capital Improvements Project No. B-78503, entitled "Miami Art Museum - Bicentennial Park;" and WHEREAS, on June 14, 2007 and May 22, 2008, the City Commission issued Directives of Conditions (collectively, the "Directives" attached) to be fulfilled by MAM in connection with its overall Museum Park Project and the MAM Project; and WHEREAS, also on May 22, 2008, pursuant to R-08-0290, the City Commission approved and negotiated a Memorandum of Understanding (the "MOU") between Miami -Dade County ("County"), the City, the MAM, the Miami Sports and Exhibition Authority ("MSEA"), the Museum of Science, Inc. ("MSM") and the Historical Association of Southern Florida, Inc. ("HASF"), that sets forth the parties' intent to develop the overall Museum Park; and WHEREAS, the MOU provides that each museum will develop its own facility, each on four (4) acres of land (collectively, the "Museum Parcels"), as contemplated in the Master Plan approved by the City Commission pursuant to Resolution No. 08-0126, adopted March 13, 2008, and for the City to develop the overall Park component on approximately twenty-one (21) acres; and WHEREAS, to implement the Museum Park Project in a most efficient manner, it has been determined that the City should lease (the "Lease") the Museum Parcels to the Miami Sports and Exhibition Authority ("MSEA"), which in turn will sublease the parcels to the MAM, MSM, and including HASF (the "Subleases"); and WHEREAS, the MOU is a non -binding agreement which expresses the intent of the parties and establishes the basic terms of certain definitive documents which will be brought back to the City Commission, and the MSEA board, including the Lease, the Subleases, a Master Development Agreement and a Master Management Agreement; and WHEREAS, pursuant to the Directives, MAM has obtained both (i) pledges in excess of forty (40) million dollars, and (ii) eight (8) million dollars in cash receipts; and WHEREAS, in consideration of the fact that the financial conditions imposed upon the MAM have been satisfied, MAM is seeking authorization for the City Manager to negotiate and to execute a project cooperative agreement in which MAM will agree to fulfill the remainder of the Directive conditions, unless said Directives are subsequently waived or modified by the City Commission, to be further detailed and enforced in the appropriate definitive documents, such as but not limited to the Community Benefits Agreement, the Lease, the Subleases, a Master Development Agreement, and a Master Management Agreement; and WHEREAS, MAM has been a significant contributor and an integral partner in the processes undertaken thus far for the overall Museum Park Project; and WHEREAS, the City Commission, by passage of this Resolution, will authorize the allocation and grant of the remaining City funds from the Series 2007B Bonds proceeds in the amount of $2,000,000, for the provision of design and other eligible activities and will further authorize the City Manager to negotiate and execute a Project Co -Operation Agreement ("Agreement"), for this purpose; and City of Miami Page 3 of 4 File Id: 08-00857a (Version: 2) Printed On: 5/11/2017 File Number: 08-00857a Enactment Number: R-08-0452 WHEREAS, the Agreement shall set forth the duties and responsibilities of the City and MAM, and shall provide for the uses of the funding, accountability, accessibility, terms and conditions of this undertaking by MAM; and WHEREAS, MAM has agreed that all documents, reports, materials and drawings that are developed with the assistance of the Series 2007B Bonds proceeds shall become the property of and be owned by the City, which will subsequently donate such documents, reports, materials and drawings freely available to MAM and to Miami -Dade County, if applicable, for use on the Museum Park Project as well as the MAM Project; and WHEREAS, the Agreement also shall provide for MAM and its successors to maintain public access to all facilities developed with Series 2007B Bonds proceeds, and that said facilities will be publicly owned; and WHEREAS, the City Commission finds and determines that proper use of this allocation to MAM will primarily benefit the general public and serves a paramount public purpose; 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. A grant to MAM to support the development of a new fine arts museum facility in the City -owned Bicentennial Park, in the amount of two million dollars ($2,000,000), approved by a referendum of the voters in November, 2001, as a specified project in the Homeland Defense Neighborhood Improvement Bond Program, is authorized, with funds to be allocated from Series 2007B Bonds proceeds, Capital Improvement Project No. B-78503 entitled "Miami Art Museum -Bicentennial Park." Section 3. The City Manager is directed to include in the appropriate other definitive documents with MAM, the City Commission's Directives to be further detailed and enforced unless such Directives are subsequently waived or modified by the City Commission. Section 4. The City Manager is authorized{1} to negotiate and to execute an Agreement, in a form acceptable to the City Attorney. Section 5. 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 4 of 4 File Id: 08-00857a (Version: 2) Printed On: 5/11/2017