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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2526 Date: 07/11/2017 Commission Meeting Date: 11/16/2020 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Referendum Question - Virginia Key Marina Purpose of Item: A Resolution of the Miami City Commission, with attachment(s) making provisions for a municipal election on November 7, 2017, 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 be authorized to lease approximately 27.5 acres of land on Virginia Key to Virginia Key, LLC, for: 45-year initial term with two 15 year renewals; Minimum annual guaranteed rent of $2,200,000, totaling approximately $203,984,060 over initial term plus 6% of gross revenues; Privately funded investment of approximately $80,000,000 to redevelop marinas in an environmentally sensitive manner, including boat storage, restaurants, retail, and public parking?"; 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; authorizing and 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 pursuant to applicable law. Background of Item: The City of Miami ("City") owns the property located in Virginia Key Marina, and more particularly described in RFP 16-17-011 and all exhibits, attachments, and addenda thereto ("Property"). On February 17, 2017 the City issued Request for Proposals No. 16-17-011 ("RFP"), to solicit proposals from the private sector to design, construct, and operate the Property for marinas /restaurant /ship's store uses. Three (3) proposals were received in response to the RFP from GCM Contracting Solutions, Inc., ("GCM"); Biscayne Marine Partners, LLC ("Marine PARC"); and Virginia Key, LLC ("VKLLC"). Pursuant to the RFP, the City Manager appointed the Selection Committee ("Committee") to evaluate proposals received in response to the RFP. The Committee met on June 12, 2017 to hear presentations and again on June 14, 2017 to evaluate the criteria and the scoring values assigned and determine a rank order based on the score achieved and render a written Memorandum for Recommendation for Final Selection to the City Manager. The Committee recommended to the City Manager that the City negotiate with the top ranked proposer, Virginia Key, LLC. The City Manager approved the recommendation of the Committee. 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 City -owned upland and submerged land in Virginia Key to Virginia Key, LLC for forty-five (45) years with two (2) fifteen (15) year renewal options subject to a minimum guaranteed rent of $2,200,000 plus percentage rent equal to: six percent (6%) of marina revenue, fuel sales, and sublease income. The above actions and procedures have been performed in accordance with applicable City Charter, Code, and RFP provisions. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $2,200,000 annually plus 6% of revenues General Account No: 04002.221100.448000.0000.00000 Real Estate and Asset Management Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission City Commission City Commission 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 City Commission City Commission City Commission City Commission City Commission Legislative Division City Commission City Commission Department of Fire -Rescue 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 Daniel J. Alfonso Marta Gomez Barnaby L. Min Marta Gomez Barnaby L. Min Maricarmen Lopez Nicole Ewan Nicole Ewan Maricarmen Lopez Maricarmen Lopez Maricarmen Lopez Nicole Ewan Joyce Jones Nicole Ewan Nicole Ewan Daniel Rotenberg Pedro Lacret Christopher M Rose Fernando Casamayor Valentin J Alvarez Nikolas Pascual Valentin J Alvarez Nicole Ewan Maricarmen Lopez Nicole Ewan Maricarmen Lopez Nicole Ewan Valentin J Alvarez Nicole Ewan Nicole Ewan Nicole Ewan Nicole Ewan Nicole Ewan Todd B. Hannon Nicole Ewan Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Legislative Division Review Deputy Attorney Review Approved Form and Correctness Meeting Meeting Legislative Division Review Deputy Attorney Review Approved Form and Correctness Meeting Meeting Meeting Meeting Department Head Review Budget Analyst Review Budget Review Assistant City Manager Legislative Division Review City Manager Review Deputy Attorney Review Meeting Meeting Meeting Meeting Meeting Legislative Division Review Meeting Meeting ACA Review Deputy Attorney Review Approved Form and Correctness Meeting Meeting Completed 07/06/2017 7:18 AM Completed 07/06/2017 10:01 AM Completed 07/06/2017 1:07 PM Completed 07/07/2017 9:26 AM Completed 08/23/2017 6:45 PM Completed 08/23/2017 7:25 PM Completed 08/24/2017 12:46 PM Completed 08/24/2017 2:07 PM Completed 08/24/2017 2:09 PM Skipped 08/28/2017 9:34 AM Completed 08/28/2017 9:00 AM Completed 09/01/2017 9:00 AM Skipped 03/08/2018 9:38 AM Skipped 03/08/2018 9:38 AM Skipped 03/08/2018 9:38 AM Completed 03/08/2018 9:00 AM Completed 09/13/2018 9:00 AM Completed 09/27/2018 9:00 AM Completed 12/13/2018 9:00 AM Completed 05/10/2019 8:25 AM Completed 05/10/2019 2:36 PM Completed 05/13/2019 7:59 AM Completed 05/13/2019 10:04 AM Completed 05/13/2019 12:43 PM Completed 05/14/2019 9:11 AM Skipped 05/13/2019 12:42 PM Completed 05/23/2019 9:00 AM Completed 06/13/2019 9:00 AM Completed 07/11/2019 9:00 AM Completed 09/12/2019 9:00 AM Completed 12/12/2019 9:00 AM Completed 05/19/2020 3:02 PM Completed 06/11/2020 9:00 AM Completed 07/23/2020 9:00 AM Skipped 10/08/2020 9:54 AM Skipped 10/08/2020 9:54 AM Skipped 10/08/2020 9:54 AM Completed 10/08/2020 9:00 AM Completed 11/16/2020 10:00 AM City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2526 Final Action Date:11/16/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY ON FOR THE PURPOSES 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 BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45-YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; 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; AUTHORIZING AND 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 PURSUANT TO APPLICABLE LAW. WHEREAS, the City of Miami ("City") owns the property located in Virginia Key Marina and more particularly described in Request for Proposals No. 16-17-011 ("RFP") and all exhibits, attachments, and addenda thereto ("Property"); and WHEREAS, on February 17, 2017, the City issued the RFP to solicit proposals from the private sector to design, construct, and operate the Property for marinas/restaurant/ship's store uses; and WHEREAS, proposals were received in response to the RFP from GCM Contracting Solutions, Inc. ("GCM"); Biscayne Marine Partners, LLC ("Marine PARC"); and Virginia Key, LLC ("VKLLC"); and WHEREAS, pursuant to the RFP, the City Manager appointed a Selection Committee ("Committee") to evaluate said proposals; and WHEREAS, the Committee met on June 12, 2017 to hear presentations and again on June 14, 2017 to evaluate the criteria and the scoring values assigned, determine a rank order based on the score achieved, and render a written Memorandum for Recommendation for Final Selection to the City Manager; and WHEREAS, the Committee selected VKLLC as the highest ranked proposer and recommended to the City Manager that the City initiate negotiations with VKLLC; and WHEREAS, the City Manager approved the Committee's Recommendation and submitted the same to the City Commission for its consideration and approval; and WHEREAS, pursuant to Resolution No. adopted on , the City Commission has selected VKLLC as the top ranked proposer for the RFP and authorized the City Manager to execute a lease with VKLLC subject to review and approval of the City Attorney and further subject to the approval of a majority of the votes cast by the electorate; and WHEREAS, the City Commission wishes to seek the approval of the electors of the City as to whether the City should lease City -owned upland and submerged land in Virginia Key to VKLLC for forty-five (45) years with two (2) fifteen (15) year renewal options subject to a minimum guaranteed rent of $2,200,000.00 (with escalations) totaling approximately $203,984,060.00 and, in addition to, percentage rent equal to six percent (6%) of marina revenue, fuel sales, and all sublease, license, concession, and other income which percentage rent collectively classified as six (6%) of gross revenues; and WHEREAS, the lease is further subject to a requirement of $80,000,000.00 in privately funded investments to redevelop the marinas in an environmentally sensitive manner, including boat storage, restaurants, retail, and public parking; and WHEREAS, the above actions and procedures have been performed in accordance with the applicable provisions of the Charter of the City of Miami, Florida, as amended ("City Charter"), and the Code of the City of Miami, Florida ("City Code") and provisions contained within the 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. The City Commission hereby finds that the minimum guaranteed annual rent for the Property constitutes fair market value for the Property consistent with the findings in the two (2) appraisal reports by Joseph J. Blake & Associates, Inc. and CRE Valuation Services, LLC dated August 23, 2017 and August 25, 2017, respectively, which are deemed as being incorporated by reference herein. Section 3. In accordance with the provisions of Section 29-B of the Charter, the Ballot Question provided herein shall be included in the Referendum Special Election to be held concurrently with the Municipal Election held on , for the purposes of submitting to the qualified electors of the City for their approval or disapproval of the proposed lease of the Property as set forth in the Ballot Question. Section 4. The Referendum 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 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 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 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 5. In compliance with Section 100.342, Florida Statutes (2018), 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 of the City of Miami, Florida ("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 BE HELD ON TUESDAY, IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Referendum Special Election will be held on 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 Miami -Dade County Supervisor of Elections, 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 be authorized to lease approximately 27.5 acres of land on Virginia Key to Virginia Key, LLC for: • A 45-year initial term with two 15 year renewals; • Minimum annual guaranteed rent of $2,200,000.00 (with escalations) totaling approximately $203,984,060 over initial term; in addition to • 6% of gross revenues; • Approximately $80,000,000.00 privately funded investment to redevelop the marinas in an environmentally sensitive manner, including boat storage, restaurants, retail, and public parking?" By order of the Commission of the City of Miami, Florida. 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 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 Referendum Special Election Ballot" Miami, Florida Miami Referendum 1 Proposed lease of City -owned waterfront property on Virginia Key to Virginia Key, LLC Shall the City be authorized to lease approximately 27.5 acres of land on Virginia Key to Virginia Key, LLC for: • A 45-year initial term with two 15 year renewals; • Minimum annual guaranteed rent of $2,200,000.00 (with escalations) totaling approximately $203,984,060.00 over initial term; in addition to • 6% of gross revenues; • Approximately $80,000,000.00 privately funded investment to redevelop the marinas in an environmentally sensitive manner, including boat storage, restaurants, retail, and public parking? YES NO 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 "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. Section 8. Vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors in said Referendum Special Election shall be entitled to cast their ballots in accordance with the provisions of the election laws of the State of Florida governing vote -by -mail ballots. 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 on 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, 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 other registration centers and online during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida for the purpose of voter registration and in order to vote in the herein described Referendum Special Election. Section 11. Todd B. Hannon, the City Clerk of the City, or his duly appointed successor, is hereby designated and appointed as the official representative of the City Commission 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 12. 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 Referendum Special Election. Section 13. 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.