Miami-Dade Legislative Item
File Number: 181677
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File Number: 181677 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMENDMENT NO. 2 TO THE MARQUEE EVENT PERFORMANCE-BASED GRANT Introduced: 6/29/2018
Requester: NONE Cost: Final Action:
Agenda Date: 7/24/2018 Agenda Item Number: 11A8
Notes: SEE 182267 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION APPROVING AMENDMENT NO. 2 TO THE MARQUEE EVENT PERFORMANCE-BASED GRANT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SOUTH FLORIDA STADIUM LLC; INCREASING THE MAXIMUM AMOUNTS THAT CAN BE EARNED AND PAID TO SOUTH FLORIDA STADIUM LLC DURING THE TERM OF THE AGREEMENT BY $750,000.00 PER YEAR UPON COMPLETION OF A NEW PRACTICE FACILITY IN MIAMI-DADE COUNTY; WAIVING REQUIREMENTS OF RESOLUTION NO. R-130-06 AND AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE THE AMENDMENT NO. 2 ON BEHALF OF THE COUNTY AND TO EXERCISE ALL RIGHTS CONFERRED THEREIN
Indexes: ADDENDUM TO AGREEMENT
Sponsors: Barbara J. Jordan, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/24/2018 11A8 Amended
REPORT: Note: See Agenda Item 11A8 AMENDED, Legislative File No. 182267 for the amended item.

County Attorney 6/29/2018 Assigned Monica Rizo 6/29/2018

Legislative Text


TITLE
RESOLUTION APPROVING AMENDMENT NO. 2 TO THE MARQUEE EVENT PERFORMANCE-BASED GRANT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SOUTH FLORIDA STADIUM LLC; INCREASING THE MAXIMUM AMOUNTS THAT CAN BE EARNED AND PAID TO SOUTH FLORIDA STADIUM LLC DURING THE TERM OF THE AGREEMENT BY $750,000.00 PER YEAR UPON COMPLETION OF A NEW PRACTICE FACILITY IN MIAMI-DADE COUNTY; WAIVING REQUIREMENTS OF RESOLUTION NO. R-130-06 AND AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE AMENDMENT NO. 2 ON BEHALF OF THE COUNTY AND TO EXERCISE ALL RIGHTS CONFERRED THEREIN

BODY
WHEREAS, on June 17, 2014, this Board adopted Resolution No. R-560-14 approving a Marquee Event Grant Performance Based Grant Agreement (�Grant Agreement�) with South Florida Stadium LLC (the �Dolphins�), and, solely for the purposes set forth in Section 6.3 thereof, Miami Dolphins, Ltd., which Grant Agreement is attached as Exhibit �A� hereto; and
WHEREAS, pursuant to the Grant Agreement, the Dolphins committed to make a $350,000,000.00 investment in the modernization and improvement of the stadium located at 347 Don Shula Drive, Miami Gardens, Florida 33056 and thereby attract and promote tourism, job creation and growth of the economy through the attraction of tourist-oriented marquee events to Miami-Dade County; and
WHEREAS, in exchange, the County agreed to make grants to the Dolphins to be funded from available convention development tax (�CDT�) in specific amounts and over a specific term, subject to annual caps and availability of funding, if the Dolphins attracted specified large-scale, �marquee� events to the stadium, such as the Super Bowl, World Cup matches, and College Football semi-final or championship games; and
WHEREAS, pursuant to the Grant Agreement, the annual cap on the amount of grants that can be earned by the Dolphins during any year in the 20-year grant term commencing on October 1, 2016 and ending on September 30, 2036 (�Grant Term�), is $5,000,000.00 (�Earnings Cap�); and
WHEREAS, pursuant to the Grant Agreement, the annual cap on the amount of grant funds that can be paid to the Dolphins during any year in the Grant Term and, if not fully paid off during that time because of the lack of availability of funds, through the extension period ending on September 30, 2041, is $5,000,000.00 (�Payment Cap�); and
WHEREAS, on December 19, 2017, this Board adopted Resolution No. R-1219-17 approving an Amendment No. 1 (the �Amendment 1�) to the Grant Agreement in order to clarify that only events held within the stadium itself would meet the eligibility criteria for grants and that beginning in 2024, the hosting of the tennis tournament currently known as the Miami Open Tennis Tournament at the stadium would make the Dolphins eligible to receive $1 million per year for such event; and
WHEREAS, the Dolphins and/or its affiliates are contemplating the construction of a new privately-funded Miami Dolphins practice facility (the �New Practice Facility�), which New Practice Facility is expected to have a cost of construction of at least $50,000,000.00; and
WHEREAS, if constructed in Miami-Dade County, the privately-funded construction of the New Practice Facility is expected to generate significant economic development to Miami-Dade County by attracting incremental tourism-generating events to the County, including, without limitation, Miami Dolphins Training Camp, Super Bowl practices and promotional events, World Cup practices and promotional events and College Football Playoff practices and promotional events; and
WHEREAS, the New Practice Facility is also expected to have a significant and positive economic impact on the residents and businesses in Miami-Dade County in the form of construction spending, recurring property tax payments and the relocation of more than 100 jobs into Miami-Dade County, including professional football players, coaches and support staff, which will now report to work year-round at a facility within Miami-Dade County; and
WHEREAS, the County desires to attract the New Practice Facility and its associated tourism-generating events to Miami-Dade County; and
WHEREAS, accordingly, the County and the Dolphins desire to approve an Amendment No. 2 to the Grant Agreement in substantially the form attached hereto as Exhibit �B�; and
WHEREAS, pursuant to the Amendment No. 2, the Dolphins would be required to construct the New Practice Facility at a minimum cost of $50,000,000.00 in Miami-Dade County on or before September 30, 2024 and to: (a) relocate and maintain its football operations headquarters within the New Practice Facility; (b) relocate and maintain the permanent, day-to-day offices for all of its football operations support and administrative staff at the New Practice Facility; (c) require and ensure that a substantial majority of home practices for the Miami Dolphins football team occur at the New Practice Facility; and (d) use reasonable, diligent and good faith efforts to urge promoters of large, marquee events at the stadium to use the New Practice Facility to practice and prepare for said events; and
WHEREAS, further, the Dolphins would comply with Miami-Dade County�s Small Business programs in building the New Practice Facility; and
WHEREAS, in turn, the County would agree, once the New Practice Facility is built, to increase the Earning Cap and the Payment Cap by $750,000.00 to $5,750,000.00 per year; and
WHEREAS, additionally, the cap on the number of Tier Two events- defined as an �international soccer match or other sporting event which attract significant tourists to Miami-Dade County with at least 55,000 Paid Tickets distributed,� that are eligible on an annual basis for grants would be increased from two to three, or from $1,500,000.00 to $2,250,000.00; and
WHEREAS, accordingly, this Board desires to approve the Amendment No. 2 to the Grant Agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board waives the requirements of Resolution No. R-130-06 requiring that contracts be executed prior to Board approval and approves the Amendment No. 2 to the Grant Agreement between Miami-Dade County and the Dolphins in substantially the form attached hereto as Exhibit �B� and made a part hereof, to, among other provisions, increase the Earnings Cap and the Payment Cap by $750,000.00 per year, or to $5,750,000.00 per year upon completion of a privately-funded New Practice Facility within Miami-Dade County.
Section 3. This Board authorizes the County Mayor or the County Mayor�s designee to execute the Amendment No. 2 to the Gant Agreement and to exercise any and all other rights conferred therein.






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