HomeMy WebLinkAboutCRA-R-10-0046City of Miami
Legislation
CRA Resolution: CRA-R-10-0046
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00537 Final Action Date: 6/10/2010
A RESOLUTION OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY
REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE ISSUANCE OF A
GRANT, IN AN AMOUNT NOT TO EXCEED $2,000,000, TO THE CITY OF MIAMI
("CITY") TO ASSIST IN ITS OBLIGATION TO PROVIDE FUNDING FOR THE
ENVIRONMENTAL REMEDIATION OF BICENTENNIAL PARK, 1075 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, FUTURE SITE OF THE MUSEUM PARK
PROJECT, CONTINGENT UPON THE MIAMI ART MUSEUM OF DADE COUNTY
ASSOCIATION, INC. ("MAM") PROVIDING EVIDENCE REASONABLY
SATISFACTORY TO THE CITY MANAGER INDICATING THAT MAM HAS SECURED
THE FUNDING NECESSARY TO COMPLETE ITS PORTION OF THE MUSEUM
COMPONENT OF THE MUSEUM PARK PROJECT AT BICENTENNIAL PARK, AND
SUBJECT TO THE REMEDIATION BEING COMPLETED IN ITS ENTIRETY AND
THE REMOVAL OF ALL FENCING SURROUNDING THE AREA PRIOR TO
NOVEMBER 1, 2010, AND BAYFRONT PARK MANAGEMENT TRUST OBTAINING
FULL AUTHORITY AND ACCESS TO USE THE SPACE ORIGINALLY
CONTEMPLATED FOR PARKING FOR THE CIRQUE DU SOLEIL EVENT AFTER
THE REMEDIATION IS COMPLETED TO PREVENT LOSS OF REVENUES FROM
SAID EVENT, OR THE COMMENCEMENT OF REMEDIATION AND INSTALLATION
OF FENCING AROUND THE AREAAFTER DECEMBER 31, 2010, AND PRIOR TO
THAT TIME, BAYFRONT PARK MANAGEMENT TRUST OBTAINING FULL
AUTHORITY AND ACCESS TO USE THE SPACE ORIGINALLY CONTEMPLATED
FOR PARKING FOR THE CIRQUE DU SOLEIL EVENT TO PREVENT LOSS OF
REVENUES FROM SAID EVENT, AND BAYFRONT PARK MANAGEMENT TRUST
OBTAINING AUTHORITY AND ACCESS TO USE THE AREA IN MUSEUM PARK
THAT IT WOULD NORMALLY USE TO STAGE EVENTS IF SAID AREA IS NOT
BEING USED, OR IF CONSTRUCTION DOES NOT COMMENCE OR CEASES FOR
ANY REASON; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION,
TO DISBURSE THE GRANT ON A REIMBURSEMENT BASIS OR DIRECTLY TO
VENDORS, AFTER THE CITY HAS AUTHORIZED PAYMENT AND UPON
PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION;
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS
NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL
COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "OTHER
GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000.
WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is
responsible for carrying out community redevelopment activities and projects within the
Redevelopment Area in accordance with its approved Redevelopment Plan; and
WHEREAS, Section 4.4.D., at page 42, of the 2009 Omni Redevelopment Plan lists "[c]reat[ing]
opportunities for new development through improvements to the public realm" and "[e]liminat[ing]
conditions which contribute to blight" as stated redevelopment objectives; and
City of Miami Page 1 of 3 File Id: 10-00537 (Version: 3) Printed On: 8/13/2024
File Number: 10-00537 Enactment Number: CRA-R-10-0046
WHEREAS, on September 12, 2008, Miami -Dade County, the City of Miami ("City"), the Miami -Sports
and Exhibition Authority, Miami Art Museum of Dade County Association, Inc. ("MAM"), Museum of
Science, Inc. ("MSM"), and the Historical Association of South Florida, Inc. executed a Memorandum
of Understanding ("MOU") concerning the development, design, construction, and operation of the
Museum Park Project at Bicentennial Park; and
WHEREAS, pursuant to the MOU, on December 11, 2008, the Miami City Commission adopted
Resolution No. 08-0707, approving the terms of, and authorizing the City Manager to execute a lease
agreement between the City and MAM, and a lease agreement between the City and MSM, for the
development and operation of the Museum Component of the Museum Park Project at Bicentennial
Park; and
WHEREAS, sampling conducted by environmental consultants for MAM and MSM has indicated the
presence of contaminants at Bicentennial Park in excess of established soil and ground water
clean-up target levels, as set forth in Chapter 62-777, Fla. Admin. Code; and
WHEREAS, the leases provide that the execution of an Environmental Remediation Agreement is a
condition precedent to possession of the properties; and
WHEREAS, on July 9, 2009 the City, MAM, and MSM executed an Environmental Remediation
Agreement, which provides that the City is obligated to contribute up to $2,000,000 towards the cost
of environmental remediation of the properties covered by the leases; and
WHEREAS, paragraph 12(f), at page 8 of the Environmental Remediation Agreement provides that
the parties intended to have the CRA "contribute the funds necessary to pay the Environmental Cost
if the boundaries of the CRA are expanded to include Museum Park;" and
WHEREAS, the CRA's boundaries have expanded and the CRA wishes to assist the City in fulfilling
its obligation under the MOU and the Environmental Remediation Agreement; and
WHEREAS, the Board of Commissioners wishes to authorize a grant to the City to assist in its
obligation to provide funding for the environmental remediation of Bicentennial Park;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY 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 herein as if fully set forth in this Section.
Section 2. The issuance of a grant, in an amount not to exceed $2,000,000, to the City of Miami
("CITY") to assist in its obligation to provide funding for the environmental remediation of Bicentennial
Park, 1075 Biscayne Boulevard, Miami, Florida, future site of the Museum Park Project, contingent
upon the Miami Art Museum of Dade County Association, Inc. ("MAM") providing evidence reasonably
satisfactory to the City Manager indicating that MAM has secured the funding necessary to complete
its portion of the Museum Component of the Museum Park Project at Bicentennial Park, and subject
to the remediation being completed in its entirety and the removal of all fencing surrounding the area
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File Number: 10-00537 Enactment Number: CRA-R-10-0046
prior to November 1, 2010, and Bayfront Park Management Trust obtaining full authority and access
to use the space originally contemplated for parking for the Cirque du Soleil event after the
remediation is completed to prevent loss of revenues from said event, or the commencement of
remediation and installation of fencing around the area after December 31, 2010, and prior to that
time, Bayfront Park Management Trust obtaining full authority and access to use the space originally
contemplated for parking for the Cirque du Soleil event to prevent loss of revenues from said event,
and Bayfront Park Management Trust obtaining authority and access to use the area in Museum
Park that it would normally use to stage events if said area is not being used, or if construction does
not commence or ceases for any reason, is authorized.
Section 3. The Executive Director is authorized, at his discretion, to disburse the grant on a
reimbursement basis or directly to vendors, after the City has authorized payment and upon
presentation of invoices and satisfactory documentation.
Section 4. The Executive Director is authorized to execute all documents necessary for said purpose,
in a form acceptable to General Counsel.
Section 5. Funds are to be allocated from Omni Tax Increment Fund, "Other Grants and Aids,"
Account Code No. 10040.920101.883000.0000.00000.
Section 6. This Resolution shall become effective immediately upon its adoption.
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