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city of tacoma
File #: RES-34904    Version: 1 Name: Agrmnt w/Harold E. Lemay
Type: Resolution Status: Adopted
File created: 9/19/2000 In control: City Council
On agenda: 9/19/2000 Final action: 9/19/2000
Title: Resolution No. 34904
Attachments: 1. RES-34904.pdf
Related files: RES41656
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Req. #8181 RESOLUTION NO. 34904 2 WHEREAS the Harold E. LeMay Museum ("Museum"), a private nonprofit 3 corporation, is planning to construct a world-class national automobile museum in 4 the City of Tacoma as a permanent home for Harold E. LeMay's vintage collection 5 6 of automobiles, carriages, fire trucks, and thousands of other artifacts of Americana 7 ("Collection"), and 8 WHEREAS the Collection is cited in the Guinness Book of World Records 9 as the largest private automobile collection in the world, and 10 WHEREAS construction of the Museum in Tacoma will result in many 1 1 benefits to the citizens of the City, including attracting local, national, and 1 2 1 3 international visitors to the City, and 14 WHEREAS the Museum desires to locate on a portion of the City-owned 1 5 Tacoma Dome property that is of sufficient size to accommodate both the new 1 6 museum and expanded public parking to serve both the Museum and the Tacoma 1 7 Dome, and 18 WHEREAS the Tacoma 2010 Project ("Project") and the City's Economic 19 20 Development Program recognize cultural facilities as tourist attractions and key 21 components in the economic revitalization of Tacoma, and 22 WHEREAS the City's adopted Tacoma Dome Area Plan identifies, as policy 23 LUD 5, that the City should actively pursue opportunities for providing new 24 destination attractions to the Tacoma Dome Core Development Area, and 25 26 res8181.doc-S1V/1ad \1D LEG 004 (11/89) WHEREAS the Project identified the private sector as the prime force in 1 2 developing Tacoma and also identified that a commitment to appropriate 3 "partnerships" was a keystone to the Project, and 4 WHEREAS ensuring that the Collection remains in Tacoma will be in 5 support and promotion of economic development and prosperity, and 6 WHEREAS the City wishes to cooperate with Harold E. LeMay in the 7 8 development and site planning for the Museum in Tacoma, and 9 WHEREAS the Board of Directors of the Museum has approved a Letter 10 of Intent ("Letter") identifying the general terms upon which a binding I I agreement may be reached with the Museum regarding its siting on the City's 1 2 Tacoma Dome parking lot property ("Property"), which Property is the 1 3 recommended location for the Museum by the City's LeMay Museum Task 14 1 5 Force and, within the Dome District Development Analysis, a redevelopment 16 and visioning study completed earlier this year, and 1 7 WHEREAS the Letter delineates the conditions under which the 18 Museum could enter into an option agreement to acquire the property from the 1 9 City, and 20 21 WHEREAS by approving the Letter, the City Council moves the Museum project forward for further negotiation of an option agreement consistent with 22 23 the Letter of Intent, and a development agreement between the City and the 24 Museum, which agreement will be subject to the City Council approval- Now, 25 Therefore, 26 0 \rJ b -2- res8181.doc-S1V/1ad LEG 004 (11/89) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA: 1 2 That the Letter of Intent on file in the office of the City Clerk is hereby 3 approved. 4 BE IT FURTHER RESOLVED that the proper officers of the City are 5 hereby authorized to negotiate a binding option agreement with the Harold E. 6 LeMay Museum for the purposes hereinabove enumerated, on terms and 7 8 conditions consistent with the approved Letter of Intent. 9 BE IT FURTHER RESOLVED that the proper officers of the City are 10 hereby authorized to negotiate a development agreement, which agreement 11 will be subject to the City Council approval. 1 2 13 0C a 2000 Adopted *SP 14 15 Mayor 1 6 Attest- City Clerk 1 7 1 8 Approved as t 1 9 20 As ity 2 1 22 23 24 25 26 -3- res8181.doc-S1V/1ad LEG 004 (11/89) CITY CLERK USE REQUEST FOR O"INANCE Request OR RESOLUTION Ordinance Resolution 3 1. DATE: August 8, 2000 2. REQUESTING DEPARTMENT/DIVISION/PROGRAM 3. CONTACT PERSON (for questions): PHONE/EXTENSION Tacoma Economic Development Dept. Donna L. Datsko X5218 4. PREPARATION OF A RESOLUTION IS REQUESTED FOR THE CITY COUNCIL MEETING OF TUESDAYALGUST 29, 2000. Profit 5. SUMMARY TITLE/RECOMMENDATION: (A concise sentence, as it will appear on the Council Agenda) Authorizing execution of a "letter of intent" with the Harold E. LeMay museum for use of the Tacoma dome parking lots to site a new museum facility. 6.11ACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal requirements? What are the viable alternatives? Who has been involved in the process?) The "Letter of Intent" (1,01) identifies the general terms upon which a binding agreement can be reached with the Harold E. LeMay Museum regarding the siting of the museum on the city's Tacoma Dome parking lot property. The Dome parking lots were the recommended location for the Museum by the City's LeMay Museum Task Force and within the "Dome District Development Analysis," a redevelopment and visioning study completed earlier this year. The LOI delineates the conditions under which the Museum would enter into an "option agreement" to acquire the property from the City. By signing the LOI, the City Council moves the Harold E. LeMay Museum project forward for further negotiation of a binding agreement between the City and the Museum. That agreement would also be subject to City Council approval. 7XINANCIAL IMPACT: (Future impact on the budget.) There is no immediate impact on the budget. Future impact, if any, would be defined within the binding agreement that would come before the City Council for review and approval. 8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED: Source Documents/Backup Material Location of Document Letter of Intent City Clerk's Office Dome District Development Analysis (March 2000) TEDD Market Support and Feasibility Study (May 1999) TEDD 9. FUNDING SOURCE: (Enter amount of funding from each source) Fund Number & State $ city $ Other $ Tow@moant co Name: NA T r-- -:7- C-) r-1 --0 rn -T1 If an expenditure, is it budgeted? Yes El No Where? Org Acio, -:7 c.n 10. ATTORNEY CONTACT: (Enter Name of Attorney that you've been working with): Steve Victor Approved as to Availability of Funds RSON DirMnr/ITti1itv Divivinn Annrnvul Director of Finance ity ZeVO, Approval U GSWebMgr,,'Dmen1s. Office Systems8 (01/99) Tacolm ity of bcoma Ibcoma Economic Development Department August 30, 2000 Eric LeMay, Executive Director Harold E. LeMay Museum, a Washington Non-Profit Corporation PO Box 44459 Tacoma, WA 98444 Re: Siting of Harold E. LeMay Museum Dear Mr. LeMay: The purpose of this letter is to set out the general terms upon which the City of Tacoma, Washington, (the "City") believes a binding agreement will ultimately be reached with the Harold E. LeMay Museum (the "Museum") regarding the siting of the Museum on property currently owned by the City as a part of the Tacoma Dome facility. The terms which we believe will be incorporated into the agreement are as follows: 1 . Scope of Museum Proiect. The project, as presently proposed, will be the construction of a world-class automobile museum for the display, preservation and interpretation of the automobile and its influence on popular culture and on Washington transportation history. The project is anticipated to be constructed in a substantially similar manner as that shown in elevation drawings identified as the "Preliminary Project Study", dated November 11, 1999, and in the "LeMay Museum Master Plan" adopted by the Museum board March, 2000. The project includes a 203,000 square foot museum, museum surface parking of 335 stalls, a public plaza which is connected to the Tacoma Dome, and a 272,000 square foot storage and display area commonly referred to as the "Tower of Horsepower" ("Project"). 2. Site of Museum Prqig@pj. The project will be sited on property that is presently used as Tacoma Dome Parking Lot "A" and part of Lot "B" ("Museum Site"). 3. Option to Acquire the Site. The City will give the Museum a three -year option to acquire the Museum Site ("Option Agreement") that may be extended by mutual agreement. There will be no monetary payment by the Museum for the option. However, the option will stipulate that the Museum will not solicit, negotiate for, option, acquire, or otherwise secure a different Museum Site during the term of the Option Agreement. If the Museum does so, the City, in its sole discretion, may terminate the option. The option will further stipulate that the location of any interim Museum facility, preview center or new public display area must receive the prior approval of the City, which approval will not be unreasonably withheld. The City further acknowledges that that the current viewing locations of museum vehicles are acceptable. 747 Market Street, Room 900 1 Tacoma, Washington 98402-3793 1 (253) 591-5364 httpJ/www.ci. ycoma.wa.us 4. Conditions For Exercise Of The Option: The Museum may exercise the option to acquire the Museum Site at any time during the term of the Option Agreement if all of the following conditions are met: A. The Museum has completed Design Development Documents, as defined by the American Institute of Architects, for the Project and identified the cost of construction. Design Development Documents are drawings and other documents that fix and describe the size and character of the project, including architectural, structural, mechanical, and electrical systems, materials and other necessary elements of the project. Based on the Design Development Documents, the Museum will identify the cost of construction of the project. B. The Museum has raised, or otherwise acquired seventy-five percent (75%) of the identified cost of construction. C. The Museum owns or has control over at least 600 museum-quality vehicles, consistent with the goals of the Museum's master plan adopted by the Museum's board in March 2000 (attached hereto and incorporated herein by reference.). D. The Museum has entered into a Development Agreement with the City. The Development Agreement will include: i. Design review and approval of the Museum's Design Development Documents by the City for compatibility of use with other existing or planned developments in the Tacoma Dome area and for consistency with the Museum concept as outlined in the "LeMay Museum Master Plan, March 2000". ii. A plan developed by the Museum for replacement of the displaced Tacoma Dome parking that is acceptable to the City including timing, location, and allocation of parking revenue. iii. The benefits that the citizens of Tacoma will receive from the Museum. iv. The timing of construction and opening of the Museum. 5. Consideration for Acquisition of the Museum Site. The Museum will make no monetary payment, but shall furnish appropriate and sufficient consideration to the City for the acquisition of the Museum site. 6. Deed to the Museum Site. The deed to the Museum site will contain a 2 restriction that the property may only be used as the site of an automobile Museum. If the Museum is not constructed, or ceases to operate as an automobile Museum, ownership of the property and all appurtenant structures including any Museum and structured parking will revert to City ownership. By signing this letter neither party is making, or committing to make, any final or binding agreement, however, both parties wish to proceed with negotiation of a binding agreement and believe that this letter sets out the basic terms upon which such an agreement may be reached. Both parties understand that any agreement is entirely subject to approval of both the Tacoma City Council and the Board of Directors of the Harold E. LeMay Museum. If this letter sets out the terms upon which the Harold E. LeMay Museum is willing to proceed, please countersign and return to me. The date at which this item can appear on a City Council agenda will depend upon when it is returned. We will do everything to expedite its inclusion on the Council's agenda. Ve Ra cit@ ger Harold E. um, a Wa fit Corporation By: Eric LeM-55-y-, Executi or By: Board Chair By: secrdta`@Iy- Date: 2000 Resolution No. 34904 Adopted: SEP 1 9 ZOOO Maker of Motion: Seconded: Roll Call Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Crowley Mr. De Forrest Mr.Evans Mr. Kirby Dr. McGavick Mr. Miller Ms. Moss Mr. Phelps Mayor Ebersole MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Crowley Mr. De Forrest Mr.Evans Mr. Kirby Dr. McGavick Mr. Miller Ms. Moss Mr. Phelps Mayor Ebersole g:@cityclkVbrmsVesol.doc