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HomeMy WebLinkAboutExhibit 1 01/26/12MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into this day of , 2012 ("Effective Date"), by and between the City of Miami ("City") located at 3500 Pan American Drive, Miami, FL 33133, the Miami Sports and Exhibition Authority ("MSEA") located at 3500 Pan American Drive, Miami, FL 33133 and Friends of Miami Marine Stadium, Inc. ("Friends") located at 1390 Ocean Drive, No. 207, Miami Beach, Florida 33139 for the evaluation of renovation and operation options for the Miami Marine Stadium and, thereafter, implementation of those options. RECITALS WHEREAS, there is a strong movement to rehabilitate the Miami Marine Stadium and its adjacent Biscayne Bay basin (collectively, "Stadium") as a recreational and cultural site in the City; and WHEREAS, the Stadium is part of the Virginia Key Master Plan, which was approved by the City Commission in July 2010 as the successful culmination of a five year master planning process; and WHEREAS, in order to implement the Master Plan vision for the Stadium, further evaluation and analysis of specific and detailed developmental and operational programs is required; and WHEREAS, the City Manager desires to create a Steering Committee for the Stadium to advise the City Manager, MSEA and Friends and to assist Friends to identify, in a holisticmanner, the uses that, over time, can maximize the public utilization of the Stadium and, at the same time, appropriately maximize the economic benefit of the redevelopment of this public area for the City and its residents; and WHEREAS, the evaluation area for the Steering Committee will encompass the area surrounding the Stadium, from the western -most and southwest -most tip of Virginia Key, where the Rusty Pelican is located, to the eastern -most point of, and is inclusive of, the basin in front of the Stadium, as well as lands and submerged lands all as depicted as the Miami Marine Park portion of the Virginia Key Master Plan, approved by the City Commission on July 2010; and WHEREAS, the rehabilitation of the Stadium and redevelopment of the surrounding area requires major funding; and some funding sources have been secured by Friends and additional sources have been identified by Friends; however, additional sources must be identified to create a financially realizable Project, as defined below, with a sound business plan that can ensure the success of the Project; well into the future; and WHEREAS, Friends of Miami Marine Stadium, Inc., a 501(c) (3) nonprofit corporation is a Florida not -for -profit corporation, whose purpose is the preservation of the Miami Marine Stadium structure and its restoration to useful public operation without requiring City financial subsidy. Friends is the only entity which has, since the Stadium was closed in 1992, organized and raised funds to preserve the Stadium. Through Friends' efforts, in consultation with the City, local citizens, planning and advocacy groups over the past several years, the cohesive Master Plan was developed for Virginia Key and funding sources mentioned above have been identified and vetted. Because of its substantial contributions and efforts to date, Friends is designated as the entity that is entitled and responsible to work, with the guidance of the Steering Committee, to further identify funding sources for the renovation and operation of the Stadium, as well as to organize activities and events once the Stadium is restored; and WHEREAS, the City desires to enter into a Public -Private Partnership with MSEA and Friends in order to identify the renovation and operational options for the Stadium and, thereafter, to secure these; WHEREAS, the City may consider leasing the Stadium to MSEA in the future upon development of a successful rehabilitation and operational plan so MSEA can continue the Public Private Partnership with Friends for the renovation, operation and reuse of the Stadium; NOW THEREFORE, the Parties are entering into this MOU in order to: establish the Steering Committee; establish the authority and responsibility of Friends to identify funding sources for the renovation and operation of the Stadium; and authorize and direct Friends to identify and evaluate renovation and operation options for the Stadium (collectively, "Stadium Project or Project"). 1. The recitals set forth above are incorporated herein. 2. The following Exhibits, which form a part of this MOU and are to be incorporated herein, are attached: Exhibit A Stadium Project Area 3. The Steering Committee for the Stadium Project will consist of a nine member task force to assist Friends in its evaluations needed for all aspects of the Project. The Steering Committee will serve for a designated time period of up to 4 years, with no compensation. Florida Sunshine laws will fully apply. The nine members of the Steering Committee shall be designated by the City Manager as follows: Three members of Friends of Miami Marine Stadium, Inc., one of which the City Manager may designate as the chair of the Steering Committee, .,-Three-community-members with experience in development of comparable community projects; one of which may include the Director of the City of Miami • Planning Department, who the City Manager may designate as the chair of the Steering Committee,; One educational member from among: NOAA, UM Rosenstiel, or Mast Academy; One commercial member from among: Marine Industry, restaurants, or the Seaquarium; and One nonprofit advocacy member from among: UEL, Tropical Audubon, Friends of Virginia Key, Miami Neighborhoods United, Urban Paradise, or the Sierra Club. 4. In addition, Friends and the Steering Committee shall have the assistance of City staff, the Assistant City Manager/Chief of Infrastructure and additional staff as he or she deems appropriate. 5. If for -profit operators and businesses are involved with the development of that part of the Stadium area located westerly of the Miami Marine Stadium structure, it might be necessary to issue various solicitations to insure transparency and create an atmosphere of competition for inclusion in this aspect of the Stadium Project renovation. The Steering Committee shall assist Friends in the development of a strategic plan for these for -profit operators and businesses that complement each other and the operation and maintenance of the Miami Marine Stadium structure and park, and that will help ensure the viability of both the Project and the maintenance of the Miami Marine Stadium structure and park, in accordance with the vision of the Virginia Key Master Plan, as approved by the City Commission on July 2010. 6. Nothing in this MOU, express or implied, is intended to: (a) confer upon any entity or person, other than the expressed parties herein, any rights or remedies under or by reason of this MOU as a third -party beneficiary, or otherwise; or (b) authorize anyone not a party to this MOU to maintain an action pursuant to or based upon this MOU. 7. Any notice provided pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery service or by certified mail, return receipt requested, postage prepaid and received by the addressee. Notices shall be sent to: If to the CITY: City Manager City of Miami Miami Riverside Center 444 S.W. 2"aAvenue 10th floor Miami, Florida 33130 With a copy to: If to MSEA: With a copy to: If to Friends: With a copy to: City Attorney's Office City of Miami Miami Riverside Center 444 S.W. 2nd Avenue 9th floor Miami, Florida 33130 Executive Director City of Miami 3500 Pan American Drive Miami, Florida 33133 City Attorney's Office City of Miami Miami Riverside Center 444 S.W. 2nd Avenue 9th floor. Miami, Florida 33130 Don Worth, Co -Chairman 1390 Ocean Drive, No. 207 Miami Beach, Florida 33139 Jorge Hernandez 337 Palermo Avenue Coral Gables, Florida 33134 Lynn B. Lewis, Esq. Lynn B. Lewis, P.A. 501 Brickell Key Drive, Suite 505 Miami, Florida 33131 8. This Memorandum of Understanding was developed jointly by the City and Friends and the parties acknowledge that they will work together to realize the goals and objectives articulated in this document. IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their respective and duly authorized officers the day and year first above written. Friends of Miami Marine Stadium, Inc ATTEST: By: Name: Title: ATTEST: MIAMI SPORTS AND EXHIBITION AUTHORITY, an independent and autonomous agency and instrumentality of the City of Miami, corporation By: Priscilla A. Thompson, City Clerk Kirk Menendez, Executive Director APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis Risk Management Director CITY OF MIAMI, a Florida municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Johnny Martinez, City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis Risk Management Director Miami Marine Park Proposal Legend 1. 2. 3. 4. 5. b. 7. 8. Lookout point Rusty Pelican Parking Garden Existing Rckenbacker Marina Proposed new Marina expansion Rickenbacker Causeway Fresh Market Fishing Charter Dock 9, Fountain • 10. Rusty Pelican bridge: 11, Hor aci o's restaurant 12. Parking structure with retail liner 13. Pedestrian walkway 14, Dry stack storage 15, Marine Exhibition Center 16. NA iami [Marine Stadium 17, Marine Stadium entrance plaza 18. Noble beach 19. Open green field 20. Swim Gym 21, Rowing Club 22, Mast Academy