HomeMy WebLinkAboutR-18-0041City of Miami
Resolution R-18-0041
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3659 Final Action Date: 2/8/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
INDEPENDENT AUDITOR GENERAL, CITY MANAGER, AND CITY
ATTORNEY TO REVIEW THE CALCULATIONS SET FORTH IN THE REPORT
CONDUCTED BY GRANT THORNTON LLP TO DETERMINE WHETHER IT
COMPLIES WITH THE REQUIREMENTS SET FORTH IN SECTION 6 OF THE
NON -RELOCATION AGREEMENT ENTERED INTO BY THE CITY OF MIAMI,
MIAMI-DADE COUNTY, AND THE MIAMI MARLINS L.P.; FURTHER
DIRECTING THE INDEPENDENT AUDITOR GENERAL TO PROVIDE A
STATUS REPORT ON ITS WORK PURSUANT TO RESOLUTION NO. 17-0424
ADOPTED ON SEPTEMBER 19, 2017; FURTHER AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS
NECESSARY TO ENSURE THAT THE CITY RECEIVES THE FULL AMOUNTS
DUE AND OWING AS A RESULT OF THE SALE OF THE MIAMI MARLINS
FRANCHISE.
SPONSOR(S): Commissioner Francis Suarez, Commissioner Manolo Reyes
WHEREAS, on April 15, 2009, the City of Miami ("City"), Miami -Dade County ("County"),
and the Miami Marlins, L.P. (f/k/a Florida Marlins, L.P.) ("Marlins") entered into a Non -Relocation
Agreement ("Agreement"); and
WHEREAS, Section 6 of the Agreement, entitled Payment Upon Sale of Team, states
that upon the sale of the Miami Marlins franchise to a third party of a controlling interest
occurring within the period commencing with the approval of the Agreement and ending ten (10)
years thereafter, the Marlins shall pay to the County and City an amount equal to a percentage
of the net proceeds of the sale as defined within the Agreement; and
WHEREAS, on October 2, 2017, the Marlins sold the Miami Marlins franchise for
$1,200,000,000.00; and
WHEREAS, a Report of Independent Certified Public Accountants ("Report") for the
Marlins was received by the City on February 1, 2018 analyzing calculations required by Section
6 of the Agreement; and
WHEREAS, pursuant to the Report, the percentage of net proceeds due and owing to
the City is $0; and
WHEREAS, receipt of the Report by the City triggers the commencement of a thirty (30)
day period during which the City may provide a notice of objection to the calculations therein or
waive any right to object; and
WHEREAS, the City Commission is directing the Independent Auditor General, City
Manager, and City Attorney to review the calculations set forth in the Report to determine
City of Miami Page 1 of 2 File ID: 3659 (Revision:) Printed On: 3/28/2025
File ID: 3659 Enactment Number: R-18-0041
whether it complies with the requirements set forth in Section 6 of the Agreement, as well as
review any and all other agreements that would assist them in the same; and
WHEREAS, the City Commission, pursuant to Resolution No. 17-0424 adopted on
September 19, 2017, previously directed the Independent Auditor General "to work in
conjunction with the County Administration to determine the appropriate pro-rata amount, if any,
due to the City, upon the sale of the Marlins";
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. The Independent Auditor General, City Manager, and City Attorney are
directed to review the calculations set forth in the Report to determine whether it complies with
the requirements set forth in Section 6 of the Agreement, as well as review any and all other
agreements that would assist them in the same, and report their findings to the City Commission
within fifteen (15) days.
Section 3. The Independent Auditor General is further directed to provide a status report
on his work pursuant to Resolution No. 17-0424 adopted on September 19, 2017 within fifteen
(15) days.
Section 4. The City Manager and City Attorney are hereby directed and authorized' to
take any and all actions necessary to ensure that the City receives the full amounts due and
owing to the City as a result of the sale of the Miami Marlins franchise.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
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.
City of Miami Page 2 of 2 File ID: 3659 (Revision:) Printed on: 3/28/2025