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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
vw.-w.miamigov.com
File Number: 12-00012 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE
CITY OF MIAMI ("CITY"), THE MIAMI SPORTS AND EXHIBITION AUTHORITY
. AND THE FRIENDS OF MIAMI MARINE STADIUM, INC., A 501(C) 3 NON-PROFIT
CORPORATION, ESTABLISHING THE CITY'S PARTICIPATION IN A
PUBLIC -PRIVATE PARTNERSHIP IN ORDER TO PLAN AND APPLY FOR GRANTS
AND FUNDING FOR THE RESTORATION OF THE STADIUM, AND DEVELOP AN
OPERATING PLAN FOR THE OVERALL DEVELOPMENT AND PUBLIC USE OF
THE MIAMI MARINE STADIUM TO BE REDEVELOPED ON VIRGINIA KEY, MIAMI,
FLORIDA; FURTHER TO PROVIDE FOR COMPLIANCE WITH REQUIREMENTS
OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND ALL OTHER
APPLICABLE DEED RESTRICTIONS AND GOVERNMENTAL FUNDING
PROGRAMS.
WHEREAS, there is a strong movement to rehabilitate the Miami Marine Stadium and its
surrounding Biscayne Bay basin and uplands (collectively "Stadium") as a recreational and cultural site
in the City of Miami ("City"); and
WHEREAS, the City, the Miami Sports and Exhibition Authority ("MSEA") and the Friends of Miami
Marine Stadium, Inc., a 501(C)3 non-profit corporation ("Friends") will work in a public -private
partnership to implement the restoration and public use of the Stadium; and
WHEREAS, the City seeks to work with MSEA and Friends for a period of two (2) years from the
Effective Date of the Memorandum of Understanding ("MOU"), during which time Friends, in
consultation with the Steering Committee, as defined below, will plan and apply for grants and funding
for the restoration of the Stadium, and develop an operating plan for the overall development and
public use of the Stadium as provided in the Miami Marine Park portion of the Virginia Key Master
Plan, approved by the City Commission in July, 2010 (the "Public -Private Partnership"): and
WHEREAS, the City intends to form a Steering Committee ("Committee") for the Stadium to
advise the City Manager as to the direction to be taken with regard to the various elements of the
Virginia Key Master Plan and Miami Marine Park; and
WHEREAS, the Committee shall further advise MSEA and Friends and is to be tasked with the
objectives of assisting Friends to identify, in a holistic manner, the uses that over time can maximize
the 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 City is providing assistance to the Committee as detailed in the attached MOU, for
City of Mia?Pi i
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File Number: 12-00012
purposes of furthering the Public -Private Partnership; and
WHEREAS, the Committee for the Stadium will consist of a twelve (12) member task force led by
the City's Planning Director to assist and advise Friends as to Friends' conduct of the evaluations
needed for all aspects of the Stadium Project, as defined in the MOU; and
WHEREAS, the Committee members will develop a viable operating plan for the restoration of the
Stadium within the two (2) year period stated above. Furthermore, the Steering Committee shall serve
with no compensation and Florida Sunshine laws will fully apply to the Committee; and
WHEREAS, the initial evaluation area for the Steering Committee will encompass the following
areas indicated in Exhibit "A" entitled Miami Marine Park Proposal (from the Virginia Key Master Plan,
approved by the City Commission on July, 2010) attached and incorporated hereto: area 15 - the
Marine Exhibition Center, area 16 - the Stadium, area 17 - the Marine Stadium entrance plaza and
area 19 - the open green field. However, the MSEA Board shall confirm and approve the evaluation
area, for purposes of the MOU, not more than six (6) months following the Effective Date of the MOU.
The MSEA Board -confirmed evaluation area (collectively, "Stadium Premises") shall be reserved for
the future operations of the Marine Stadium; and
WHEREAS, the City, MSEA, and Friends, in the Public -Private Partnership working through the
Committee, grants to Friends, for a period of two (2) years from the Effective Date of the MOU, the
sole and exclusive rights and responsibilities to develop an operating plan and raise funds for the
renovation of the Stadium; and
WHEREAS, the City Commission desires to ratify, consent to, and approve the City's participation
in the Public -Private Partnership and execution of the MOU; and
WHEREAS, the Stadium, the Biscayne Bay basin area, and the Virginia Key Master Plan area
have from time to time previously have benefitted from governmental funding for improvements,
renovations, construction, installations, and other public projects derived from City issued bonds and
other governmental bond, loan, and grant programs; and
WHEREAS, the Internal Revenue Service Code of 1986, as amended, provides for certain
guidelines and requirements for third -party entity agreements to lease, manage, operate, and
otherwise use bond -financed facilities, and compliance with such federal requirements requires an
approving opinion of Bond Counsel; and
WHEREAS, all agreements, including but not limited to the MOU, among the City, MSEA, and
Friends, must comply with the continuing compliance requirements of such governmental bond, loan,
and grant programs, until all such funds are fully repaid;
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 City Manager is authorized {1} to execute a Memorandum of Understanding, in
substantially the attached form, among the City, MSEA and Friends, establishing the City's
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File Number: i 2-00012
participation in a public -private partnership in order for Friends, in consultation with the Committee, to
plan and apply for grants and funding for the restoration of the Stadium, and develop an operating
plan for the overall development and public use of the Stadium Premises to be redeveloped on Virginia
Key, Miami, Florida and to provide for compliance with the requirements of the Internal Revenue Code
of 1986, as amended, and all other applicable deed restrictions and governmental funding programs.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY \
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 Resblution, 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
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