HomeMy WebLinkAboutResolutionCity of Miami
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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00672a Final Action Date:
TO BE WITHDRAWN BY THE ADMINISTRATION
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
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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
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File Number: 12-00672a
TO BE HELD ON
TUESDAY, NOVEMBER 6, 2012
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:
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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
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File Number: 12-00672a
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 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.
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