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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00672a Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI, FOR THEIR APPROVAL OR DISAPPROVAL, THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND CHLN, INC., FOR THE RENOVATION, MANAGEMENT, AND OPERATION OF AN INDOOR/OUTDOOR RESTAURANT AT 51 CHART HOUSE DRIVE MIAMI, FLORIDA, FOR TWENTY (20) YEARS WITH TWO (2) FIVE-YEAR RENEWAL OPTIONS SUBJECT TO A MINIMUM TOTAL GUARANTEED RENT OF $6,800,000 AND SUBJECT TO ADDITIONAL CONDITIONS AS THE CITY MAY REQUIRE; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. WHEREAS, the City of Miami ("City") owns a property located at 51 Chart House Drive, Miami, Florida 33133 ("Property"); and WHEREAS, the City issued Request for Proposals #11-12-024 ("RFP") on March 16, 2012 to solicit a lessee to lease, renovate, manage and operate the Property; and WHEREAS, one (1) proposal was received and deemed responsive in accordance with the RFP's terms and conditions; and WHEREAS, the Selection Committee appointed by the City Manager met on June 20, 2012 for the review and evaluation of the proposal and, based on the RFP's requirements, recommended that the City Manager negotiate and execute a Lease Agreement ("Agreement") with CHLN, Inc.; and WHEREAS, the City Manager approved the recommendation of the Selection Committee; and WHEREAS, the essential terms and conditions, including guaranteed minimum annual rent and percentage rent for the Agreement have been negotiated and the City Manager is prepared to conclude negotiations with CHLN, Inc., subject to the specified requirements of the City Charter and Code; and City of Miami Page 1 of 5 File Id: 12-00672a (Version: 1) Printed On: 7/2/2012 File Number: 12-00672a WHEREAS, Section 3(f) of the City Charter requires that a proposed transaction for the lease or management of City -owned waterfront property, for a period longer than five (5) years, be approved by a majority of the votes cast by the electorate at a referendum; and WHEREAS, Section 29-B of the City Charter requires that a proposed transaction for the lease of City -owned property, be approved by a majority of the votes cast by the electorate at a referendum, when the City receives less than three responses to a solicitation of that property; and WHEREAS, the City is prepared to follow the actions and procedures as set forth in the City Charter; and WHEREAS, the proposed lease shall be submitted to the electorate at a referendum Special Election to be held on November 6, 2012, as called for and provided herein; 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. In accordance with the provisions of Section 2-12 of the Code of the City of Miami, Florida, as amended, a referendum special election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 6, 2012, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Ballot Question No. Section 3. The referendum special election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State. The Precinct Election Clerks and Inspectors to serve at said polling places on said election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to election precincts wholly or partly within the City, and which the City is hereby adopting and desires to use for holding such referendum special election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, .in conformity with the provisions of the general laws of the State of Florida, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records, and certificates of the City of Miami. Section 4. In compliance with Section 100.342, Florida Statutes (2011), the City Clerk is hereby authorized and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid referendum special municipal election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 City of Miami Page 2 of 5 File Id: 12-00672a (Version: 1) Printed On: 7/2/2012 File Number: 12-00672a IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 12- A referendum special election will be held on Tuesday, November 6, 2012 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall the City of Miami lease to CHLN, Inc. the City -owned waterfront property for the renovation, management, and operation of an indoor/outdoor restaurant at 51 Chart House Drive Miami, Florida for 20 years with two 5-year renewal option subject to a minimum total guaranteed rent of $6,800,000 and subject to additional conditions as the City may require?" By order of the Commission of the City of Miami, Florida. City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami polling places.) YES (For the Measure) NO (Against the Measure) Section 5. The official ballot to be used at said referendum Special Election shall be in full compliance with the laws of the State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT REFERENDUM SPECIAL ELECTION TUESDAY, NOVEMBER 6, 2012 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: City of Miami Page 3 of 5 File Id: 12-00672a (Version: 1) Printed On: 7/2/2012 File Number: 12-00672a Authorizing lease at City -owned property, 51 Chart House Drive, Miami YES (For the Measure) NO (For the Measure) "Shall the City of Miami lease to CHLN, Inc. the City -owned waterfront property for the renovation, management and operation of an indoor/outdoor restaurant at 51 Chart House Drive Miami, Florida for 20 years with two 5-year renewal options subject to a minimum total guaranteed rent of $6,800,000 and subject to additional conditions as the City may require?" Section 6. The form of the ballot shall be in accordance with the requirements of general election laws. Electors desiring to vote to approve the Question described above, shall be instructed to mark in the appropriate place next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question described above, shall be instructed to mark in the appropriate place next to the word "NO" within the ballot containing the statement relating to the Question. Section 7. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 5 above for the use of absentee electors entitled to cast such ballots in said referendum Special Election. Section 8. All qualified electors of said City shall be permitted to vote in said referendum special election and the Supervisor of Elections of Miami -Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 9. For the purpose of enabling persons to register who are qualified to vote in said referendum special election to be held on November 6, 2012, and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 2700 Northwest 87th Avenue, Doral, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described referendum City of Miami Page 4 of 5 File Id: 12-00672a (Version: 1) Printed On: 7/2/2012 File Number: 12-00672a special election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 10. Priscilla A. Thompson, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said referendum special election. Section 11. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five days prior to the date of the herein referendum special election. Section 12. 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} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Resolution, 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 Page 5 of 5 File Id: 12-00672a (Version: 1) Printed On: 7/2/2012