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city of tacoma
File #: RES-37277    Version: 1 Name: Amend agmt w/ LeMay Museum
Type: Resolution Status: Adopted
File created: 9/11/2007 In control: City Council
On agenda: 9/11/2007 Final action: 9/11/2007
Title: Resolution No. 37277
Attachments: 1. RES-37277.pdf
Related files: RES41656
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Req. #1 1522 PUESOLUTIONNO. 37277 4 A RESOLUTION authorizing the execution of the second amended option and development agreements with the Harold E. LeMay Museum for 2 development of a world-class automobile museum in Tacoma. 3 WHEREAS, on July 6, 2007, the City received notice from the 4 Harold E. LeMay Museum ("LeMay Museum") that it was exercising its option 5 on Tacoma Dome Lots "B" and "C" for development of a world-class automobile 6 museum, and 7 8 WHEREAS, under current agreements, closing must occur within 9 24 months of exercising the option, and 10 WHEREAS, if the LeMay Museum elects to close in phases, any portion I I of the property not used in the initial phase will remain under option to the 12 LeMay Museum for 20 years from the date of closing of the first phase, and 1 3 WHEREAS the City and the LeMay Museum desire to amend the option 14 1 5 agreement and the development agreement to (1) remove obligations of the 1 6 City to construct parking and infrastructure improvements prior to the 1 7 construction of the LeMay Museum; (2) allow the City to retain title to the 18 property along the perimeter of Tacoma Dome Lots "B" and "C" to provide for a 19 30-foot wide access road; (3) allow the LeMay Museum to construct a 20 first-phase facility at a cost of at least $25 million, with commitment to construct, 2 1 22 in the second phase, a facility with a combined total cost of at least $40 million; 23 and (5) allow the City to use the LeMay Museum grounds and premises for 24 City-sponsored events, and 25 26 resl 1522.doc-SIV/Iad LEG 004 (11/89) WHEREAS the option agreement also provides October 31, 2007, as 1 2 the new date to exercise the amended option for the first phase, terminating on 3 October 31, 2009; Now, Therefore, 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA: 5 That the proper officers of the City are hereby authorized to approve of 6 and execute the second amended option agreement and the second amended 7 development agreement with the Harold E. LeMay Museum, for the purposes 8 hereinabove enumerated, said documents to be substantially in the form of the 9 10 proposed amended agreements on file in the office of the City Clerk. Adopted SEP I 1 2007 1 2 1 3 14 Attest: 1 5 1 6 City Clerk 1 7 18 Approved as to fo 4 9 20 tant 21 22 23 24 25 26 2 - resl 1522.doc-SIV/Iad LEG 004 (11/89) CITY CLERK USE ONLY bcoma REQUEST FOR Request#: EI ORDINANCE N "SOLUTION Ord./Res. 3 7 2 7 7 1. DATE: August 15, 2007 2. SPONSORED B,%,: COUNCIL NIEMBER(S) N/A 3a. REQUESTING 4a. CONTACT (for questions): PHONE:5207 DEPARTMENT/DiviSION/PROGF.AM Martha Anderson Community & Economic Dev. Dept. 4b. Person Presenting: PHONE: 3b. Do PASS FROM [Committee Name] F-1 Yes F@ No 4c. ATTORNEY: PHONE: NDid not go before a Committee Steve Victor 591-5637 @,e p @ar Meer/Finance Director LDirector/Utilitv Division Budget 0 Lkan tilities 5. REQUESTED EFFECTIVE DATE: September 1 1, 2007 6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda. Authorizing approval of the second amended option agreement and second amended development agreement between the City of Tacoma and the Harold E. LeMay Museum. 7. BACKGROUND INFORMATION/GENERAL DiscuSSION: (Why is this request necessary? Are there legal requirements? What are the viable alternatives? Who has been involved in the process?) On July 6, 2007 the City received notice from the Harold E. LeMay Museum that the Museum is exercising its option on Tacoma Dome lots "B" and "C". Under current agreements, closing must occur within 24 months of exercising the Option. If the Museum elects to close in phases, any portion of the property not used in the initial phase will remain under option to the Museum for 20 years from the date of closing of the first phase. The City and the Museum desire to amend the option and the development agreements to 1)Remove the City obligations to replace displaced parking prior to Museum construction, 2) Remove City obligation to construct $1.6 million plaza and other improvements; 3) Allow City to retain title to property along the perimeter of Dome lots "B" and "C" to provide for a 25 foot wide access road; 4) Allow Museum to construct a first-phase facility at a cost of at least $25 million, with commitment to construct in second phase a facility with a combined total cost of at least $40 million-, and 5) Allow City to use Museum grounds and premises for City-sponsored events. The option amendment also provides a new date of September 7, 2007 to exercise the option for the first phase, terminating on September 7, 2009. The balance of the site remains under the current 20 year option period. 8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WJURE FILED: Source Documents/Backup Material Location of Document-. C__ Second Amended Option Agreement City Clerk Second Amended Development Agreement City Clerk 9. FINANCIAL IMPACT: A. M No IMPACT (NO FISCAL NOTE) :711 B. F-1 YES,OVER$100,000,FiscalNoteAttached U., C. F-1 YES,UNDER$100,000,(NOFISCALNOTE)Providefundingsource information below: FUNDING SOURCE: (Enter amount of funding from each source) Fund Number & Name: State $ city $ Other $ Total Amount If an expenditure, is it budgeted? F@ Yes n No Where? Cost Center: Acct I/ED/Kath@1/2007RequestFo,Resolutions/RegForResoLeMavMASepll2OO7 Resolution No. 33 7 2 77 Adopted: SEP I 1 200? Maker of Motion: Seconded: @&d,e6oyl Voice Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Ms. Anderson Mr.Evans Mr. Fey Ms. Ladenburg v" Mr. Lonergan Mr. Manthou Mr. Stenger I Mr. Talbert Mayor Baarsma Roll Call Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Ms. Anderson Mr.Evans Mr. Fey Ms. Ladenburg Mr. Lonergan Mr. Manthou Mr. Stenger Mr. Talbert Mayor Baarsma i.,Icityclklcityclk@formsV-esol. doc