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HomeMy WebLinkAboutR-08-0707City of Miami Legislation Resolution: R-08-0707 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01452 Final Action Date: 12/11/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE TERMS OF, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "ATTACHMENT 1", AND A LEASE AGREEMENT BETWEEN THE CITY AND THE MUSEUM OF SCIENCE, INC. ("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "ATTACHMENT 2", TO LEASE TO EACH OF MAM AND MSM, APPROXIMATELY FOUR (4) ACRES OF LAND IN BICENTENNIAL PARK (AKA MUSEUM PARK), FOR THE DEVELOPMENT OF THE MUSEUM COMPONENT OF THE MUSEUM PARK PROJECT, AS CONTEMPLATED IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY, MIAMI-DADE COUNTY, THE MIAMI SPORTS AND EXHIBITION AUTHORITY, MAM, MSM AND THE HISTORICAL ASSOCIATION OF SOUTHERN FLORIDA, INC., APPROVED BY THE CITY COMMISSION ON MAY 22, 2008, PURSUANT TO RESOLUTION NO. 08-0290; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENTS AND RELATED DOCUMENTS AS PARTICULARLY DESCRIBED IN THE LEASES. WHEREAS, on September 12, 2008, Miami -Dade County ("County"), the City of Miami ("City"), the Miami Art Museum of Dade County Association, Inc. ("MAM"), the Museum of Science, Inc. ("MSM") (collectively, the "Museums") and the Historical Association of Southern Florida, Inc. ("HASF") entered into a Memorandum of Understanding (the "MOU") that sets forth the parties' intent to develop the Museum Park Project in Bicentennial Park (the "Project) as contemplated in the Master Plan approved by the City Commission pursuant to Resolution No. 08-0126, adopted March 13, 2008; and WHEREAS, the Project consists of a museum component, comprised of the MAM building, the MSM building (which will provide space to the HASF) and related museum parking (the "Museum Component"), and a park and related parking to be developed by the City on approximately twenty-one (21) acres (the "Park Component"); and WHEREAS, the MOU provides that each museum will develop its own facility, each on approximately four (4) acres of land, and for the City to develop the Park Component; and WHEREAS, on November 13, 2008, the City Commission passed and adopted Resolution No. 08 -0653, authorizing and directing the City Manager to negotiate and finalize the definitive documents for the Museum Park Project directly with the MAM and MSM; and WHEREAS, the definitive documents for the Project include the lease between the City and MAM (the "MAM Lease"), the lease between the City and MSM (the "MSM Lease), a Development Agreement among the City, MAM and MSM, for the development of the Museum Component and the Park Component (the "Development Agreement") and a Management Agreement for the City of Miami Page 1 of 3 File Id: 08-01452 (Version: 2) Printed On: 5/23/2017 File Number: 08-01452 Enactment Number: R-08-0707 management of the Project (the "Management Agreement"); and WHEREAS, the City and the Museums have negotiated the terms of the MAM Lease and the MSM Lease, and the form of the leases are attached hereto as "Attachment 1" and "Attachment 2", respectively (collectively, the "Leases"); and WHEREAS, the Leases provide that the execution of the development Agreement is a condition precedent to the possession date under the Leases and failure to execute the Development Agreement within 1 year from the effective date of the Leases may result in the termination of the Leases; and WHEREAS, the Leases include the parties' obligation to negotiate and execute a Management Agreement as contemplated in the MOU; and WHEREAS, the Leases provide for the City to grant certain easements described therein; and WHEREAS, the Museums have advised the City that the Leases are an important element to continue funding from Miami -Dade County under the Miami -Dade County Building Better Communities General Obligation Bond Program. 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 terms, and the execution by the City Manager, of the MAM Lease, in substantially the form attached hereto as "Attachment 1", and the MSM Lease, in substantially the form attached hereto as "Attachment 2", to lease to each MAM and MSM approximately 4 acres of land in Bicentennial Park, for the development of the Museum Component of the Museum Park Project is hereby approved and authorized. The City Manager is further authorized to execute the easements and related documents as particularly described in the Leases.{1} Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 2 of 3 File Id: 08-01452 (Version: 2) Printed On: 5/23/2017 File Number: 08-01452 Enactment Number: R-08-0707 {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 3 of 3 File Id: 08-01452 (Version: 2) Printed On: 5/23/2017