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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4358 Date: 07/10/2018 Commission Meeting Date: 07/26/2018 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Ballot Question - MRC Bldg, 444 SW 2 AVE Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), calling for a referendum special election to be held concurrently with the general municipal election on November 6, 2018, for the purpose of submitting to the qualified electors of the City of Miami ("City") for their approval or disapproval of the following referendum ballot question: "Shall the City enter into a 99 year lease of approximately 3.15 acres at 444 SW 2 Avenue with winning bidder, Lancelot Miami River, LLC? Lancelot shall provide: Development of mixed use riverfront destination; New public Riverwalk and other public amenities; Annual rent equal to the greater of $3,620,000 increased by 1.5% annually or 3% of gross revenues; Design and development of a new administrative building."; 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; 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 forty-five (45) days prior to the date of such referendum special election; providing for an immediate effective date for this resolution. Background of Item: The City of Miami ("City") owns the riverfront property located at 444 SW 2nd Avenue, Miami, Florida 33130, commonly known as the Miami Riverside Center ("MRC"). The City is interested in developing a new City administrative facility to accommodate the increasing number of the City's administrative employees and meet the growing needs of the City's residents. On February 2, 2016 the City issued a competitive solicitation, inclusive of Offering Memorandum No. 15-16-008 ("OM") for the sale/lease of the MRC, and Request for Proposals No. 15-16-009 ("RFP") for the development of a new City administrative facility (collectively the "OM & RFP"). Two (2) proposals were received in response to the OM and one (1) proposal was received in response to the RFP. Pursuant to the OM & RFP, the City Manager appointed the Selection Committee ("Committee") to evaluate proposals received in response to the OM & RFP. The Committee met on August 25, 2016 to evaluate the criteria and scoring values assigned and determine a rank order based on the score achieved and recommended the top - ranked bidder, Lancelot Miami River, LLC, an affiliate of Adler Group ("Proposer"). The City Manager approved the recommendation of the Committee and transmitted to the City Commission his recommendation. Thereafter, the City Commission approved the recommendation subject to the approval of the applicable agreements by Commission and approval by the electorate. The City and Lancelot have negotiated the attached Term Sheet for the Ground Lease and Leaseback/Purchase of the Miami Riverside Center ("MRC Term Sheet") and the attached Term Sheet for the Site Selection, Design, Financing, Construction and Conveyance of the new City of Miami Administration Building ("New Facility Term Sheet"). Pursuant to the provisions of the OM and the requirements of the City Charter, the City Commission wishes to poll the electors of the City of Miami as to whether the City of Miami shall be authorized to lease 3.15 acres of City -owned riverfront land at 444 SW 2 Avenue, Miami, FL 33130 for 99 years, with Lancelot providing for the development of a mixed -use riverfront destination, a new public Riverwalk and other public amenities, annual rent equal to the greater of or $3,620,000 increased annually by 1.5% or 3% of gross revenues, and the design and development of a new administrative building, as more particularly described in the MRC Term Sheet. The above actions and procedures have been performed in accordance with the applicable provisions of the Charter and Code of the City of Miami, and provisions contained within the RFP. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of the City Attorney Valentin J Alvarez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Legislative Division Marta Gomez Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Deputy City Attorney Review Meeting Signed by the Mayor Signed and Attested by the City Clerk Completed Legislative Division Review Completed Approved Form and Correctness with Modification(s) Rendered Completed Completed Completed Completed Completed Completed Completed Skipped Completed Completed 07/10/2018 2:42 PM 07/11/2018 5:00 PM 07/12/2018 12:18 PM 07/12/2018 3:00 PM 07/12/2018 4:07 PM 07/12/2018 5:02 PM 07/12/2018 4:07 PM 07/26/2018 9:00 AM 08/06/2018 4:09 PM 08/06/2018 4:43 PM 08/07/2018 12:25 PM Completed 08/07/2018 4:01 PM City of Miami Legislation Resolution Enactment Number: R-18-0324 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4358 Final Action Date:7/26/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING BALLOT QUESTION: "SHALL THE CITY ENTER INTO A 99 YEAR LEASE OF APPROXIMATELY 3.15 ACRES AT 444 AND 460 SW 2ND AVENUE WITH WINNING BIDDER, LANCELOT MIAMI RIVER, LLC, PROVIDING: PRIVATELY FUNDED MIXED USE RIVERFRONT DEVELOPMENT; NEW PUBLIC RIVERWALK AND OTHER PUBLIC AMENITIES; GREATER OF $3,620,000 ANNUAL RENT, INCREASING 1.5% ANNUALLY, OR 3% OF GROSS REVENUES; $69,400,000 PURCHASE OPTION; 2% CAPITAL TRANSACTION FEE; LIVING WAGE AND 10% WORKFORCE HOUSING; DESIGN AND DEVELOPMENT OF A NEW ADMINISTRATIVE BUILDING?"; 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; 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 FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the City of Miami ("City") owns the riverfront property located at 444 Southwest 2nd Avenue, and 460 SW 2nd Avenue, Miami, Florida 33130, commonly known as the Miami Riverside Center ("MRC"); and WHEREAS, the City is interested in developing a new City administrative facility to accommodate the increasing number of the City's administrative employees and meet the growing needs of the City's residents; and WHEREAS, on February 2, 2016, the City issued a competitive solicitation, inclusive of Offering Memorandum No. 15-16-008 ("OM") for the sale/lease of the MRC, and Request for Proposals No. 15-16-009 ("RFP") for the development of a new City administrative facility building (collectively the "OM & RFP"); and WHEREAS, the OM specifically sought the disposition of the MRC due to the operational challenges and deficiencies of the facility; and WHEREAS, the RFP provided for the acquisition and development of a new administrative facility building in order to properly serve the citizens of the City; and WHEREAS, two (2) proposals were received in response to the OM and one (1) proposal was received in response to the RFP; and WHEREAS, pursuant to the OM & RFP, the City Manager appointed the Selection Committee ("Committee") to evaluate proposals received in response to the OM & RFP; and WHEREAS, the Committee met on August 25, 2016 to evaluate the criteria and scoring values assigned and determine a rank order based on the score achieved and recommended the top -ranked bidder, Lancelot Miami River, LLC, an affiliate of Adler Group ("Lancelot"); and WHEREAS, the City Manager approved the recommendation of the Committee and transmitted to the City Commission his recommendation; and WHEREAS, thereafter, the City Commission approved the recommendation subject to the approval of the applicable agreements by Commission and approval by the electorate; and WHEREAS, pursuant to the recommendation for the OM, the City and Lancelot have negotiated the attached Term Sheet for the Ground Lease and Leaseback/Purchase of the Miami Riverside Center ("MRC Term Sheet"); WHEREAS, pursuant to the recommendation for the RFP, the City and Lancelot have negotiated a proposed Term Sheet for the Site Selection, Design, Financing, Construction and Conveyance of the new City of Miami Administration Building ("New Facility Term Sheet"); and WHEREAS, the MRC Term Sheet and proposed New Facility Term Sheet set the minimum benefits to be provided to the City, which may be further negotiated and improved to the City's benefit through negotiations, but may not be diminished or decreased; and WHEREAS, the City and Lancelot presented the proposed redevelopment of the MRC to the Miami River Commission Urban Infill and Greenways Subcommittee, and subsequently to the full Miami River Commission on July 9, 2018; and WHEREAS, the City and Lancelot presented the proposed redevelopment of the MRC to the Waterfront Advisory Board on July 10, 2018; and WHEREAS, pursuant to the provisions of the OM, and the requirements of the City Charter, the City Commission wishes to poll the electors of the City as to whether the City shall be authorized to enter into a 99 year lease of approximately 3.15 acres of City -owned riverfront land at 444 and 460 Southwest 2nd Avenue, Miami, Florida for 99 years, with Lancelot providing, a privately funded mixed use riverfront development; new public riverwalk and other public amenities; the greater of $3,620,000 annual rent, increasing 1 . 5 % annually, or 3% of gross revenues; a $69,400,000 purchase option; 2% capital transaction fee; living wage and 10% Workforce Housing; and Design and development of a new administrative building, as more particularly described in the attached MRC Term Sheet; and WHEREAS, this resolution does not confer any contractual or property rights upon Lancelot unless and until: (i) the electorate has cast a favorable vote approving the sale/lease of the MRC; (ii) the applicable Agreements, as defined in the MRC Term Sheet and New Facility Term Sheet, are approved by the City Commission, at the Commission's discretion; and (iii) following approval by the City Commission, the applicable Agreements, as defined in the MRC Term Sheet and New Facility Term Sheet, are executed by the authorized officers of Lancelot and the City, respectively; and WHEREAS, the above actions and procedures have been performed in accordance with the applicable provisions of the Charter and Code of the City of Miami, and provisions contained within the OM & RFP. 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 of the City of Miami, Florida the Ballot Question provided below shall be included in the Special Election to be held on Tuesday, November 6, 2018, for the purpose of submitting to the qualified electors of the City of Miami, for their approval or disapproval, the proposed lease of the Property as set forth in the Ballot Question and as further supplemented by the MRC Term Sheet. Section 3. The Special Election shall be held at the polling 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 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 election is as follows: all voter information cards, registration 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 of Florida, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official voter information cards, registration books, records and certificates of the City. Section 4. In compliance with Section 100.342, Florida Statutes (2018), 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 (5th) week and once in the third (3rd) week prior to the week in which the aforesaid Special 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 SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-18-0324 A Special Election will be held on Tuesday, November 6, 2018 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several special election precincts designated by the Miami -Dade County Supervisor of Elections 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 enter into a 99 year lease of approximately 3.15 acres at 444 and 460 SW 2nd Avenue with winning bidder, Lancelot Miami River, LLC, providing: • Privately funded mixed use riverfront development; • New public Riverwalk and other public amenities; • Greater of $3,620,000 annual rent, increasing 1 . 5 % annually, or 3% of gross revenues; • $69,400,000 purchase option; • 2% capital transaction fee; • Living Wage and 10% Workforce Housing; • Design and development of a new administrative building? By order of the Commission of the City of Miami, Florida. Section 5. The official ballot to be used at said Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System and shall be in substantially the following form: "Official Ballot" Special Election Miami, Florida November 6, 2018 Proposed lease of city -owned riverfront land at 444 SW 2 Avenue, Miami, Florida Shall the City enter into a 99 year lease of approximately 3.15 acres at 444 and 460 SW 2nd Avenue with winning bidder, Lancelot Miami River, LLC, providing: • Privately funded mixed use riverfront development; • New public Riverwalk and other public amenities; • Greater of $3,620,000 annual rent, increasing 1.5% annually, or 3% of gross revenues; • $69,400,000 purchase option; • 2% capital transaction fee; • Living wage and 10% Workforce Housing; • Design and development of a new administrative building? YES NO Section 6. 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 "YES" 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 "NO" 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 7. The Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Special Election. Section 8. All qualified electors of said City shall be permitted to vote in said 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 Special Election precincts. Section 9. For the purpose of enabling persons to register who are qualified to vote in said Special Election on Tuesday, November 6, 2018, 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, Miami, 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 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. 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, in relation to matters pertaining to the use of the registration books and the holding of said 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 later than forty-five (45) days prior to the date of the herein Special Election. Section 12. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 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.