HomeMy WebLinkAboutCRA-R-10-0046 Legislation v3 6-10-2010City 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 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; 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]lirninat[ing]
City of :Miami
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File Number: 10-00537 Enactment Number: CR. l-R-1O-0046
conditions which contribute to blight" as stated redevelopment objectives; and
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
Cite of Miami
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File Number: 10-00537 Enactment :1'anrber: CR.-l-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.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. B
GENERAL COUNSEL
City ofMiami
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