HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #2584
Date: 07/11/2017
Commission Meeting Date: 01/25/2018
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted:
Type: Resolution
Subject: Charter Amendment - Jungle Island
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), approving, setting forth
and submitting to the electorate a proposed charter amendment, amending the Charter
of the City of Miami, Florida as amended ("Charter"), known as Charter Amendment
No._; amending Section 29-B of the Charter entitled "City -Owned Property Sale or
Lease — Generally" to authorize the City Commission by a four —fifths (4/5ths) affirmative
vote, to waive competitive bidding and authorize the City Manager to extend the existing
Lease and Development Agreement, as amended ("Lease") between the City of Miami
("City") and ESJ JI Leasehold, LLC ("ESJ") for the 19.35 acres of City -owned waterfront
property from the current remaining term of approximately sixty (60) years to ninety-nine
(99) years, conditioned on the City receiving the greater of the annual rent of five
hundred two thousand one hundred sixty-eight dollars ($502,168.00) and percentage
rent on Jungle Island revenue in addition to percentage rent of one percent (1 %) of
revenues from a new privately funded hotel development with a cost of no less than fifty
million dollars ($50,000,000.00), including parking facilities and ancillary improvements,
with a maximum height of one hundred thirty (130) feet, with additional terms and
conditions as set forth in the Agreement; with restrictions, reversions, and retention by
the City of all other rights; calling for a referendum special election and providing that
Charter Amendment No._ will be submitted to the electorate at the referendum special
election to be held on November 7, 2017; 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 the herein Resolution to be delivered to the Supervisor of Elections of Miami -Dade
County, Florida, not less than forty-five (45) days prior to the date of such special
election; providing an immediate effective date for this Resolution.
Background of Item:
The City is the owner of that certain tract of land on Watson Island comprising
approximately 19.35 acres, commonly known as Jungle Island located at 1111 Parrot
Jungle Trail, Miami, Florida (the "Land"). On November 7, 1995, a referendum was
approved authorizing the City to enter into the Lease relating to Jungle Island.
ESJ and the City are parties to that certain Lease and Development Agreement, as
modified from time to time (as so modified, collectively, the "Lease"). The Lease was
modified pursuant to, inter alia, that certain Third Modification to Lease and
Development Agreement (the "Third Modification").
Pursuant to the Lease, ESJ is leasing the Land for the operation of a botanical garden
and theme park attraction known as Jungle Island ("Jungle Island") and the term of the
Lease has approximately 43 years remaining. ESJ desires to develop a hotel, parking
structure and related improvements (collectively, the "Hotel") on the Land. The Third
Modification modified the Lease definition for "Additional Improvements" to include a
themed hotel and related retail and entertainment, thereby providing ESJ with the
potential opportunity to develop and operate a hotel on the Land, subject to approval of
the electorate in a citywide referendum, the negotiation of a Development Agreement
(the "Development Agreement") mutually acceptable to the City and ESJ and further
subject to the approval of the State of Florida Board of Trustees of the Internal
Improvement Trust Fund and any and all applicable laws, codes and regulations.
Pursuant to Section 29-B of the City Charter, the Lease by the City of waterfront land
requires the approval of the electorate in a citywide referendum.
In order to obtain financing for the construction of the Hotel, there is a need for an
extension of the term of the Lease, which the City has opined also requires the approval
of the electorate in a referendum with an amendment to the Charter Section 29B being
the mechanism to do so. The City and ESJ desire to enter into an Agreement to Enter
into Development Agreement ("Agreement"), which will modify the current remaining
lease term ("Term") of forty three (43) years and extend the Term from 2060 to 2099;
providing rent payment of one percent (1 %) of annual gross revenue from a new
privately funded hotel development with a minimum cost of fifty million dollars
($50,000,000.00) with a maximum height of one hundred thirty (130) feet and a design
subject to City approval and successful zoning changes; with said one percent (1 %) rent
in addition to the currently received greater of annual rent of five hundred two thousand
one hundred sixty eight dollars ($502,168.00) and percentage rent from Jungle Island
revenue, with said 1% rent abated for the first eighteen (18) months to allow for
stabilization; providing parking spaces sufficient to meet zoning code requirements;
further providing ancillary improvements consisting of retail and/or restaurants space of
up to ten thousand (10,000) square feet and meeting room space of up to thirty
thousand (30,000) square feet; with the aggregate payment of seven hundred thousand
dollars ($700,000.00) towards the Ichimura-Miami Japanese Gardens ("Japanese
Gardens") for construction of a walkway to Jungle Island, necessary repairs and
maintenance of the Japanese Gardens; development of a green energy educational
facility focusing on wind and solar energy at a minimum cost of five hundred thousand
dollars ($500,000.00); establishing a reserve account for capital repairs of two hundred
thousand dollars ($200,000.00) per year; implementing a transfer fee of three percent
(3%) of gross sales, less the outstanding principal balance of all debt owed by ESJ to
an unaffiliated third party and transaction costs, if the Property is transferred or
assigned; further implementing a refinancing fee of one percent (1 %) of the refinancing
loan proceeds, less all third party costs, expenses, amounts required to fully repay the
debt being refinanced and all refinancing proceeds not disbursed to ESJ investors,
should the Property be refinanced after the initial refinancing.
Budget Impact Analysis
Total Fiscal Impact:
N/A
Real Estate and Asset Management
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Reviewed B
Aldo Bustamante
Everton Garvis
Christopher M Rose
Alberto N. Parjus
Valentin J Alvarez
Daniel J. Alfonso
Maricarmen Lopez
Maricarmen Lopez
Nicole Ewan
Maricarmen Lopez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Meeting
Completed 07/06/2017 7:16 AM
Completed 07/06/2017 10:18 AM
Completed 07/06/2017 12:43 PM
Completed 07/06/2017 1:33 PM
Completed 07/11/2017 5:56 PM
Completed 07/17/2017 2:49 PM
Skipped 07/26/2017 2:08 PM
Skipped 07/26/2017 2:08 PM
Completed 07/27/2017 9:00 AM
Completed 01/25/2018 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2584 Final Action Date:1/25/2018
TO BE WITHDRAWN
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A
PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AMENDING SECTION
29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR
LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION BY A FOUR -
FIFTHS (4/STHS) AFFIRMATIVE VOTE TO WAIVE COMPETITIVE BIDDING AND
EXECUTE AN AGREEMENT TO ENTER INTO A DEVELOPMENT AGREEMENT
("AGREEMENT") FOR 19.35 ACRES OF CITY OF MIAMI ("CITY") OWNED
WATERFRONT PROPERTY WITH ESJ JI LEASEHOLD, LLC ("ESJ")
MODIFYING THE CURRENT REMAINING LEASE TERM ("TERM") OF FORTY
THREE (43) YEARS AND EXTENDING THE TERM FROM 2060 TO 2099,
PROVIDING RENT PAYMENTS OF ONE PERCENT (1%) OF ANNUAL GROSS
REVENUE FROM A NEW PRIVATELY FUNDED HOTEL DEVELOPMENT WITH
A MINIMUM COST OF FIFTY MILLION DOLLARS ($50,000,000.00), WITH A
MAXIMUM HEIGHT OF ONE HUNDRED THIRTY (130) FEET AND A DESIGN
SUBJECT TO CITY APPROVAL AND SUCCESSFUL ZONING CHANGES, WITH
SAID ONE PERCENT (1%) RENT IN ADDITION TO THE CURRENTLY
RECEIVED GREATER OF ANNUAL RENT OF FIVE HUNDRED TWO
THOUSAND ONE HUNDRED SIXTY EIGHT DOLLARS ($502,168.00) AND
PERCENTAGE RENT FROM JUNGLE ISLAND REVENUE, WITH SAID ONE
PERCENT (1 %) RENT ABATED FOR THE FIRST EIGHTEEN (18) MONTHS TO
ALLOW FOR STABILIZATION; PROVIDING PARKING SPACES SUFFICIENT TO
MEET ZONING REQUIREMENTS, FURTHER PROVIDING ANCILLARY
IMPROVEMENTS CONSISTING OF RETAIL AND/OR RESTAURANT SPACE OF
UP TO TEN THOUSAND (10,000) SQUARE FEET AND MEETING ROOM
SPACE OF UP TO THIRTY THOUSAND (30,000) SQUARE FEET; WITH AN
AGGREGATE PAYMENT OF SEVEN HUNDRED THOUSAND DOLLARS
($700,000.00) TOWARDS THE ICHIMURA-MIAMI JAPANESE GARDENS
("JAPANESE GARDENS") FOR CONSTRUCTION OF A WALKWAY TO JUNGLE
ISLAND, NECESSARY REPAIRS, AND MAINTENANCE OF THE JAPANESE
GARDENS; DEVELOPMENT OF A GREEN ENERGY EDUCATIONAL FACILITY
FOCUSING ON WIND AND SOLAR ENERGY AT A MINIMUM COST OF FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00); ESTABLISHING A RESERVE
ACCOUNT FOR CAPITAL REPAIRS OF TWO HUNDRED THOUSAND
DOLLARS ($200,000.00) PER YEAR; IMPLEMENTING A TRANSFER FEE OF
THREE PERCENT (3%) OF GROSS SALES, LESS THE OUTSTANDING
PRINCIPAL BALANCE OF ALL DEBT OWED BY ESJ TO AN UNAFFILIATED
THIRD PARTY AND TRANSACTION COSTS, IF THE PROPERTY IS
TRANSFERRED OR ASSIGNED; FURTHER IMPLEMENTING A REFINANCING
FEE OF ONE PERCENT (1%) OF THE REFINANCING LOAN PROCEEDS, LESS
ALL THIRD PARTY COSTS, EXPENSES, AND AMOUNTS REQUIRED TO
FULLY REPAY THE DEBT BEING REFINANCED AND ALL REFINANCING
PROCEEDS NOT DISBURSED TO ESJ INVESTORS, SHOULD THE PROPERTY
BE REFINANCED AFTER THE INITIAL REFINANCING; WITH RESTRICTIONS,
REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS;
CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT
THIS CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE
REFERENDUM SPECIAL ELECTION TO BE HELD ON
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 THE HEREIN
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; PROVIDING AN
IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION.
WHEREAS, the City of Miami ("City") is the owner of that certain tract of land on Watson
Island comprising approximately 19.35 acres and located at 1111 Parrot Jungle Trail
("Property"); and
WHEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease
and Development Agreement, as modified from time to time (as so modified, collectively,
"Lease") for the Property; and
WHEREAS, pursuant to the Lease, ESJ is leasing the Property from the City for the
operation of a botanical garden and theme park attraction known as Jungle Island ("Jungle
Island"); and
WHEREAS, the Lease was modified pursuant to, inter alia, that certain Third
Modification to the Lease and Development Agreement ("Third Modification") which modified the
Lease definition for "Additional Improvements" to include a themed hotel and related retail and
entertainment, thereby providing ESJ with the potential opportunity to develop and operate a
hotel on the Property, subject to approval of the electorate in a Citywide referendum, the
negotiation of a Development Agreement ("Development Agreement") mutually acceptable to
the City and ESJ, and further subject to the approval of the State of Florida Board of Trustees of
the Internal Improvement Trust Fund and any and all applicable laws, codes, and regulations,
including, but not limited to, the City's Zoning Ordinance; and
WHEREAS, ESJ desires to develop a hotel, parking structure, and related improvements
(collectively, "Hotel") on the Property and requires an extension on the term of the Lease, which
has approximately forty-three (43) years remaining, to obtain the financing necessary for the
construction of the Hotel; and
WHEREAS, the City and ESJ desire to enter into an Agreement to Enter into a
Development Agreement ("Agreement"), which will modify the current remaining lease term
("Term") of forty three (43) years and extend the Term from 2060 to 2099; provide rent
payments of one percent (1 %) of annual gross revenue from a new privately funded hotel
development with a minimum cost of fifty million dollars ($50,000,000.00), with a maximum
height of one hundred thirty (130) feet and a design subject to City approval and successful
zoning changes; with said one percent (1 %) rent in addition to the currently received greater of
annual rent of five hundred two thousand one hundred sixty eight dollars ($502,168.00) and
percentage rent from Jungle Island revenue, with said one percent (1 %) rent abated for the first
eighteen (18) months to allow for stabilization; provide parking spaces sufficient to meet zoning
requirements; further provide ancillary improvements consisting of retail and/or restaurant space
of up to ten thousand (10,000) square feet and meeting room space of up to thirty thousand
(30,000) square feet; with the aggregate payment of seven hundred thousand dollars
($700,000.00) towards the Ichimura-Miami Japanese Gardens ("Japanese Gardens") for
construction of a walkway to Jungle Island, necessary repairs, and maintenance of the
Japanese Gardens; development of a green energy educational facility focusing on wind and
solar energy at a minimum cost of five hundred thousand dollars ($500,000.00); establish a
reserve account for capital repairs of two hundred thousand dollars ($200,000.00) per year;
implement a transfer fee of three percent (3%) of gross sales, Tess the outstanding principal
balance of all debt owed by ESJ to an unaffiliated third party and transaction costs, if the
Property is transferred or assigned; further implement a refinancing fee of one percent (1 %) of
the refinancing loan proceeds, Tess all third party costs, expenses, and amounts required to fully
repay the debt being refinanced and all refinancing proceeds not disbursed to ESJ investors,
should the Property be refinanced after the initial refinancing; and
WHEREAS, pursuant to the Charter of the City ("Charter") Section 29-B, entitled "City
Owned Property Sale or Lease -Generally" and Subpart A, Section 3(f)(iii), entitled "Powers", the
City will need two (2) independent appraisals affirming the fair market value of the Agreement;
and
WHEREAS, the Agreement with ESJ will be subject to such other restrictions,
reversions, and retention by the City of all other rights;
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 29-B of the Charter and §6.03
of the Miami -Dade County Home Rule Charter, a Referendum Special Election to be held
concurrently with the General Municipal Election is being called and directed in the City, from 7:00 A.M.
until 7:00 P.M., on Tuesday, November 7, 2017, including for the purpose of submitting to the
qualified electors of the City for their approval or disapproval of the proposed Agreement.
Section 3. Section 29-B of the Charter is proposed to be amended in the following
particulars:'
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
Sec. 29-B. City -owned property sale or lease -Generally.
Notwithstanding any provision to the contrary contained in this Charter or
the City Code, and except as provided below, the city commission is
prohibited from favorably considering any sale or lease of property owned
by the city unless there is a return to the city of fair market value under
such proposed sale or lease. The city commission is also prohibited from
favorably considering any sale or lease of city -owned property unless (a)
there shall have been, prior to the date of the city commission's
consideration of such sale or lease, an advertisement soliciting proposals
for said sale or lease published in a daily newspaper of general paid
circulation in the city, allowing not less than ninety (90) days for the city's
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.
receipt of proposals from prospective purchasers or lessees, said
advertisement to be no less than one-fourth (1/4) page and the headline in
the advertisement to be in a type no smaller than 18-point and, (b) except
as provided below, there shall have been at least three (3) written
proposals received from prospective purchasers or lessees; however, if
there are less than three (3) such proposals received and if the
guaranteed return under the proposal whose acceptance is being
considered is equal to fair market value the city commission determines
that the contemplated sale or lease will be in the city's best interest then,
subject to the approval of a majority of the votes cast by the electorate at
a referendum, the sale or lease may be consummated. In the case of city -
owned property which is not waterfront, when the value of such property
to be sold or leased (individual leaseholds within a single city -owned
property shall not be considered as a single parcel of property for such
valuation purposes) is five hundred thousand dollars ($500,000) or less,
based on an appraisal performed by a state -certified appraiser, the city
commission, by a 4/5ths affirmative vote, may sell or lease said city -owned
property after compliance with the advertisement requirements set forth
above but without the necessity of a referendum.
The above provisions and any other city requirements for competitive bidding
shall not apply when:
(a) conveying property to implement housing programs or projects which are
intended to benefit persons or households with low and/or moderate income,
the criteria of which to be provided for by federal and/or state law or by the
city commission;
(b) conveying property to implement projects authorized under the Florida
Community Redevelopment Act of 1969, as amended;
(c) conveying property to implement projects of any governmental agency or
instrumentality;
(d) disposing of property acquired as a result of foreclosure;
(e) disposing of property acquired in connection with delinquent taxes which
properties were conveyed to the city by the Miami -Dade board of county
commissioners under the provisions of Section 197.592 Florida Statutes, as
amended; and
(f)
disposing of non -waterfront property to the owner of an adjacent property
when the subject property is 7,500 square feet or less or the subject non -
waterfront property is non -buildable.
Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths
affirmative vote, may:
(a) grant a lessee of city -owned property a one-time extension during the last five
years of its lease, without the necessity of a referendum, for the purpose of
funding additional capital improvements. The extended term shall not exceed
twenty-five percent (25%) of the original term or ten years, whichever is less.
The granting of such an extension is subject to the lessee paying fair market
rent as determined by the city at the time of such extension and not being in
default of its lease with the city nor in arrearage of any monies due the city;
and
(b) amend the Lease Agreement between the City of Miami and Biscayne Bay
Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as
amended, to (i) extend the lease for an additional term of fifteen (15) years,
with the option to renew for two (2) additional five (5) year periods, (ii)
increase the amount of the minimum guarantee to the City to at least
$360,000.00 per lease year effective upon execution of the lease
amendment, and (iii) require Rusty Pelican to complete capital improvements
to the property, including a public baywalk, in the amount of not less than $3
Million, within twenty-four (24) months of the effective date of the lease
amendment; and
(c) waive competitive bidding and execute a lease with Dade Heritage Trust, Inc.
for the City -owned building located at 190 Southeast 12th Terrace, for a term
of thirty (30) years, with two (2) thirty (30) year renewals, for minimum annual
rent of $600.00 with Consumer Price Index adjustments, with restrictions,
reversions, and retention by the City of all other rights-; and
() waive competitive bidding and execute an Agreement to Enter into a
Development Agreement with ESJ JI Leasehold, LLC, for extension of the
Jungle Island Lease from 2060 to 2099, provide one percent (1 %) rent of
annual gross revenue from a $50,000,000.00 hotel, with a one hundred thirty
(130) foot maximum height, subject to City design approval and successful
zoning changes, eighteen (18) month rent abatement; parking,
retail/restaurant and meeting room space; $700,000.00 Japanese Gardens
payment; $500,000.00 green energy educational facility; annual $200,000.00
repairs reserve account; three percent (3%) transfer fee of gross sales; and
an approximate one percent (1 %) refinancing fee.
Notwithstanding anything in this Charter to the contrary, the City may enter into
leases or management agreements, for any City -owned submerged lands, with
entities having a possessory or ownership interest in the abutting riparian
uplands for building marinas, docks or like facilities, using methods adopted by
ordinance on the condition that such leases or management agreements result in
a return to the City of at least fair market value."
Section 4. 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 of Florida
("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said
Referendum Special 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 Referendum Special
Election precincts wholly or partly within the City and which the City is adopting and desires to
use for holding such Referendum Special Election is all registration cards, books, records and
certificates pertaining to electors of the City 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, 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.
Section 5. In compliance with Section 100.342, Florida Statutes (2016), regarding any
Referendum Special Election not otherwise provided for there shall be at least thirty (30) days'
notice of the Referendum Special Election by publication in a newspaper of general circulation
in the City. The City Clerk is authorized and directed to publish notice of the adoption of this
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 Election is to be held, in
newspaper(s) of general circulation in the City which notice shall be substantially in the following
form:
"NOTICE OF REFERENDUM SPECIAL ELECTION
TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON
TUESDAY, NOVEMBER 7, 2017
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO.
A Referendum Special Election will be held on Tuesday, November 7, 2017 from
7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in
the several Referendum Special Election precincts designated by the Board of
County Commissioners of Miami -Dade County, Florida, as set forth herein,
unless otherwise provided by law, and submitting to the qualified electors of the
City of Miami, Florida, the following question:
"Shall the City's Charter be amended, extending the Jungle Island Lease to
2099, waiving competitive bidding by a 4/5ths affirmative vote, providing 1 % rent
of annual gross revenue from a $50,000,000.00 hotel, with 130 foot maximum
height, subject to City approvals and zoning changes, 18 month rent abatement;
parking, retail/restaurant/meeting room space; $700,000.00 Japanese Gardens
payment; $500,000.00 green energy educational facility; $200,000.00 repairs
account; 3% gross sales transfer fee; and 1% refinancing fee."
This Charter Amendment will amend Section 29-B of the Miami Charter to
authorize the City Commission by a four -fifths (4/5ths) affirmative vote, to waive
competitive bidding and execute an Agreement with ESJ JI Leasehold, LLC, to
extend the current lease term from 2060 to 2099, provide 1% rent of annual
gross revenue from a $50,000,000.00 hotel, with 130 foot maximum height,
subject to City design approval and successful zoning changes, 18 month rent
abatement; parking, retail/restaurant and meeting room space; Japanese
Gardens $700,000.00 payment; $500,000.00 green energy educational facility;
annual $200,000.00 repairs reserve account; 3% transfer fee of gross sales; and
an approximate 1% refinancing fee; with restrictions, reversions, and retention by
the City of all other rights, to be redeveloped pursuant to a Development
Agreement requiring City Commission approval.
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.)
FOR AMENDMENT
AGAINST AMENDMENT
Section 6. The official ballot to be used at said Referendum Special Election shall be in full
compliance with the laws of the State 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 7, 2017
for Approval or Disapproval of the following question:
Proposed Jungle Island hotel and lease extension
of City -owned waterfront property on Watson Island.
"Shall the City's Charter be amended, extending
the Jungle Island Lease to 2099, waiving
competitive bidding by a 4/5ths affirmative vote,
providing 1 % rent of annual gross revenue from a
$50,000,000.00 hotel, with 130 foot maximum
height, subject to City approvals and zoning
changes, 18 month rent abatement; parking,
retail/restaurant/meeting room space; $700,000.00
Japanese Gardens payment; $500,000.00 green
energy educational facility; $200,000.00 repairs
account; 3% gross sales transfer fee; and 1 %
refinancing fee."
FOR AMENDMENT
AGAINST AMENDMENT
Section 7. The form of the ballot shall be in accordance with requirements of general
election laws. Electors desiring to vote in approval of the Question described above shall be
instructed to vote their selection next to the word "FOR AMENDMENT" within the ballot
containing the statement relating to the Question. Electors desiring to vote to disapprove the
Question shall be instructed to vote their selection next to the word "AGAINST AMENDMENT"
within the ballot containing the statement relating to the Question. Once individuals are satisfied
with their choice, they shall press the "Vote" button and the ballot shall be cast.
Section 8. The City Clerk shall cause to be prepared absentee ballots containing the
Question set forth in Section 6 above for the use of absentee electors entitled to cast such
ballots in said Referendum Special Election.
Section 9. 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, a list of all
qualified electors residing in the City 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 general election precincts.
Section 10. For the purpose of enabling persons to register who are qualified to vote in
said Referendum Special Election to be held concurrently with the General Municipal Election on
Tuesday, November 7, 2017, and who have not registered under the provisions of the general
laws of the State 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 Special Election during such times and on such dates as may be designated by the
Supervisor of Elections of Miami -Dade County, Florida.
Section 11. Todd B. Hannon, 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, related to matters pertaining to the use of the registration books
and the holding of said Referendum Special Election.
Section 12. 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 (45) days prior
to the date of the Referendum Special Election.
Section 13. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.