HomeMy WebLinkAboutLegislation-SUB�
of Miami
Legislation
Ordinance:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.m iamigov. com
File Number: 8745 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), PURSUANT TO A PROPOSED SETTLEMENT
AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "1"
("SETTLEMENT AGREEMENT"), (A) CONDITIONALLY AUTHORIZING
LIMITED GAMBLING USES AT THE REAL PROPERTY DESCRIBED AS LOT
4, BLOCK 4 OF THE ELWOOD COURT SUBDIVISION RECORDED AT PLAT
BOOK 9, PAGE 181 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA ("COUNTY") AND TRACT C OF THE EXECUTIVE PLAZA
SUBDIVISION RECORDED AT PLAT BOOK 121, PAGE 87 OF THE PUBLIC
RECORDS OF THE COUNTY, AS MORE PARTICULARLY DESCRIBED IN
COMPOSITE EXHIBIT "A" OF THE SETTLEMENT AGREEMENT, ATTACHED
AND INCORPORATED (COLLECTIVELY, "PROPERTY" OR "LOCATION"),
UPON MEETING CERTAIN CONDITIONS AND IMPOSING PERMANENT
PROHIBITIONS ON ALL OTHER FORMS OF GAMBLING AT THE PROPERTY
AS A CONDITION OF ALLOWING THE SPECIFIED GAMBLING USES, ALL OF
WHICH SHALL TAKE EFFECT ONLY IF WEST FLAGLER ASSOCIATES, LTD.
("WEST FLAGLER") HAS (i) ENTERED INTO THE SETTLEMENT
AGREEMENT WITH THE CITY OF MIAMI ("CITY") AS APPROVED BY THE
CITY COMMISSION AND IN A FORM ACCEPTABLE TO OUTSIDE COUNSEL
AND (ii) FULFILLED ALL TERMS AND CONDITIONS OF SUCH SETTLEMENT
AGREEMENT; (B) CONDITIONALLY APPROVING A CARD ROOM AT THE
PROPERTY TO TAKE EFFECT ONCE WEST FLAGLER HAS OBTAINED A
CARD ROOM PERMIT FOR THE PROPERTY FROM THE STATE OF {4,,
FLORIDA'S DIVISION OF PARI-MUTUEL WAGERING, SUCH CARD ROOM]
BE CONTAINED WITHIN THE TOTAL SUMMER JAI ALAI FACILITY c- 7i7
FOOTPRINT, SIZE, AND DESIGN PARAMETERS AS PROVIDED IN r
SETTLEMENT AGREEMENT AND SUCH CARD ROOM FURTHER NQT TCG Q
EXCEED 20,000 SQUARE FEET OF THE SUMMER JAI ALAI FACILI-OR
MAXIMUM CAPACITY OF 500 PERSONS (SUBJECT TO APPLICABLIR
R1
SAFETY CODES) AND SHALL NOT OPERATE FOR MORE THAN SIXXfENr 1 Y
(16) HOURS PER DAY; AND (C) PERMANENTLY BANNING ALL OTHER cri
FORMS OF GAMBLING AT THE PROPERTY EXCEPT AS SPECIFICALLY"
PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on April 15, 2019, West Flagler Associates, Ltd. ("West Flagler") served a
lawsuit against the City of Miami ("City") in the Eleventh Judicial Circuit Court in and for Miami -
Dade County, Case No.: 19-10140 CA (43), which was subsequently removed to the United
States District Court for the Southern District of Horida, Case No.: 19-21670-CIV-Scoia; and
City of Miami
Page f of 6 File !D: 8745 (Revision:A) Printed on: 3/18/2021
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE.
SEEN AT THE END OF THIS DOCUMENT.
745 Lqis/&cr-5U8
File ID: 8745 Enactment Humber:
WHEREAS, the West Flagfer has proposed a settlement agreement, attached and
incorporated as Exhibit "1", as approved by the City Commission pursuant to Resolution No. R-
on , 2021 and in a form acceptable to Outside Counsel ("Settlement
Agreement"), which provides that West Flagler may proceed with applying for its permit to build
a summer jai alai facility ("Permit") without the requirement of obtaining an exception approved
by a four -fifths (4/5') vote of the City Commission as set forth in Article 6, Section 6.1, Table 13
of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code'),
as amended by Ordinance No. 13791 ("Supplemental Regulations"); that the City Commission
will consider an ordinance approving West Flagler's operation of a card room pursuant to
Section 849,086, Florida Statutes, and such approval is a condition of the Settlement
Agreement; that West Flagler agrees it will not operate any form of gaming, including slot
machines, craps, roulette, or video lottery terminals in its summer jai alai facility (as further
described below)¢"Property"); providing that if gaming or wagering on sports are made lawful
and generally available under state law, then West Flagler will be permitted to conduct such
sports wagering or gaming at the Property on such conditions as provided by state law and, if
required by state law, West Flagler will comply with the Supplemental Regulations of the Miami
21 Code in securing approval of sports betting from the City; and that each party will bear their
own attorneys' fees and costs; and
WHEREAS, West Flagler further agrees that any future applications for gambling
facilities at any other locations, including but not limited to future jai alai frontons and card rooms
at other locations, are subject to the requirements of the Miami 21 Code, including the
Supplemental Regulations; however, the Parties further agree that this restriction does not apply
to the facilities exempted from the Miami 21 Code as provided therein; and
WHEREAS, West Flagler may assign the Permit and/or its rights under its partnership
with its partner entity regarding the Property Location to an existing or new entity so long as
West Flagler remains a partner of any such assignee entity and that assignee entity agrees to
be bound by the terms of the Settlement Agreement; provided, however, that West Flagler
agrees that it cannot assign its rights under the Permit or the Settlement Agreement to a non-
affiliated third party assignee and that the Settlement Agreement does not create any direct or
third party beneficiary rights in its partner entity or any other person except a permissible
assignee who agrees to be bound by the terms of the Settlement Agreement; and
WHEREAS, West Flagler agrees that the space utilized for the jai alai fronton and other
pari-mutuei activities as defined under Chapter 550, Florida Statutes, will not provide permanent
seating for more than 4,000 patrons, provide for more than 100,000 square feet of exhibits
space, or provide off-street parking for more than 1,000 vehicles and will not reach the mimic
thresholds of a Regional Activity Complex as defined in Section 1.1(e) of the Miami 21 aSade;
that the Property will be subject to a compulsory review by the City's Planning and Zoni g • 7
Departments and will comply with the Design Review Criteria set forth in Article 4, Taft 12 of_
the Miami 21 Code, a copy of which is attached to the Settlement Agreement; and not ,lhg
herein shall exempt the development of the overall project where West Flagler's prop'pted
alai fronton will be located from complying with all other applicable provisions of the Mj mi rr7
Code; and t-._ 19 CD
c►t
WHEREAS, the City and West Flagler have agreed to execute a written Settlement
Agreement memorializing the terms of the settlement; and
WHEREAS, Raquel A, Rodriguez, Esquire, acting as outside counsel in the pending
litigation ("Outside Counsel"), has investigated the claim and lawsuit and recommends that said
THIS DOCUMENT 15 A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
City of Miami Page 2 of 6 File ID: 8745 (Revision: A) Printed on: 3118/2021
File ID: 8745 Enactment Number:
claim and lawsuit be settled for the terms summarized above and as memorialized in the written
Settlement Agreement; and
WHEREAS, the City and West Flagler have agreed that as a condition to the Settlement
Agreement and in lieu of a development agreement, the owner (or owners) of the pertinent
property must provide written consent to the permanent use restrictions being imposed on the
pertinent property pursuant to the Settlement Agreement; and
WHEREAS, the approval of an ordinance implementing the terms of the Settlement
Agreement regarding the allowed and restricted uses at the Property is a condition of the
Settlement Agreement; and
WHEREAS, the City and West Flagler have agreed that the Settlement Agreement will
not be consummated unless all conditions of the Settlement Agreement are fulfilled and the City
Commission approves said ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAM1, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance
are adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission hereby approves the following uses as legal non -
confirming uses under the Miami 21 Code at the real property described as Lot 4, Block 4
of the Elwood Court Subdivision recorded at Plat Book 9, Page 181 of the Public Records
of Miami -Dade County, Florida ("County") and Tract C of the Executive Plaza Subdivision
recorded at Plat Book 121, Page 87 of the County, as more particularly described in
Composite Exhibit "A" of the proposed Settlement Agreement, attached and incorporated
("Property" or "Location"); provided, however, that such approval is conditioned as follows:
A.) Approval for Operation of Summer Jai Alai Fronton.
i) Approval of West Flagler's application for a building permit or certificate of
use for a summer jai alai fronton at the Location and any related permits, licens s,
and approvals required to be obtained by West Flagler, including, but not limite o,
business tax receipts, shall not be subject to the Exception requirements of the 11-3
Supplemental Regulations of the Miami 21 Code. ="
r
ii) West Flagler's applications, including its building permit or certificate ofFqse w
applications, shall be processed in a timely manner so long as all other applici le
criteria are met. - :i
C Lc)c
f--
iii) West Flagler may assign the Permit and/or its rights under its partnersfjp u�
with its partner entity pursuant to a Memorandum of Understanding with a parT4ier"
entity owned and controlled by 3195 Property, LLC, a Delaware limited liability
company, and/or the entities that own the land described in the Permit as part of
Composite Exhibit "A" to the Settlement Agreement (collectively, "Partner Entity')
regarding the Location to an existing or new entity so long as West Flagler remains
a partner of any such assignee entity and that assignee entity agrees in writing to
be bound by the terms of this Settlement Agreement. West Flagler agrees that it
cannot assign its rights under the Permit or the Settlement Agreement to a non-
affiliated third party assignee and that the Settlement Agreement does not create
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
City of Miami Page 3 of 6 File ID: 8745 (Revision: A) Printed on: 3 18.12021
File ID: 8745 Enactment Number:
any direct or third party beneficiary rights in its Partner Entity or any other person
except a permissible assignee who agrees to be bound by the terms of the p W
Settlement Agreement. z co
O 2
iv) The space utilized for the summer jai alai fronton and other pari-mutuel P 5 u
activities as defined under Chapter 550, Florida Statutes will not provide 1- z 0
permanent seating for more than 4,000 patrons, provide for more than 100,000 m - ,,,
square feet of exhibition space, or provide off-street parking for more than 1,000 n oc x
vehicles and will not reach the minimum thresholds of a Regional Activity Complex Q ,~
as defined by Section 1.1(e) of the Miami 21 Code. ul t c
v) The Property will be subject to a compulsory review by the City's Planning LA, m ,`A;
and Zoning Departments and will comply with the Design Review Criteria set forth a a
in Article 4, Table 12 of the Miami 21 Code, a copy of which is attached hereto and Up z
incorporated to the Settlement Agreement as Exhibit "B." Nothing herein shall a Li z
exempt the development of the overall project at the property where the Location is = a W
situated from complying with all other applicable provisions of the Miami 21 Code. ~ tr'
B. Approval for Operation of Card Room.
(i) Pursuant to Section 849.086(16), Florida Statutes, a card room use by
West Flagler in conjunction with the Permit is approved at the Location to
be effective only if and when the Florida Department of Business
Regulation Division of Pan-Mutuel Wagering ("DPBR") issues West Flagler
a permit to operate a card room at the Location. West Flagler's operation
of the card room, and any related permits, licenses, and approvals,
including, but not limited to business tax receipts, shall not be subject to the
Exception requirement of the Supplemental Regulations of the Miami 21
Code.
(ii) If DPBR requires a separate vote pursuant to Section 849.086(26), Florida
Statutes, to approve the card room operation at the Location in conjunction
with the Permit after the summer jai alai fronton is operational, nothing
herein shall bind any future Miami City Commission on its consideration of
the request for approval of the card room. If such a subsequent vote is c ti
required by DPBR, West Flagler will be required to obtain the required ti
votes for approval, after a public hearing, with proper notice and all cos,;to
be paid by West Flagler. If such additional approval by the City
Commission is required by DPBR, the votes required for West Flagler �.
card room at the Location shall not be subject to the Exception
requirements of the Supp€ementai Regulations of the Miami 21 Codeerd.
only a majority vote will be required for approval of a card room opera tin i>7�
conjunction with West Flagler's jai alai fronton operation. t:o
r. C1i
The card room shall be contained within the total jai alai fronton facility
footprint, size, and design parameters as provided in Section 2.A), shall not
exceed 20,000 square feet of the jai lai fronton facility or maximum capacity
of five hundred (500) persons (subject to applicable fire safety codes), and
shall not operate for more than sixteen (16) hours per day.
City of Miami Page 4 of 6 File ID: 8745 (Revision: 4) Printed on: 3/18/2021
File ID: 8745 Enactment Number: m
uj
(iv) No other terms or conditions of the Supplemental Regulations of the Miami
21 Code shall apply to the approval process for the card room and only a o
simple majority vote of the Commission shall be required. z
(v) Failure to obtain subsequent approval shall in no way affect the validity or N o 1-
enforceability of the Settlement Agreement. N a
C.) Limitation on Future Uses. W ▪ W
2 m ua
i) In consideration for permitting the foregoing limited uses, the Location will a a /—
never be used for gaming or wagering activities, including but not limited to slot c z a
machine type gambling devices as defined by Section 551.102(8), Florida Statutes, ,,, ▪ z
the games of craps or roulette, or video lottery terminals ("VLT"') and all such uses x ▪ ;;
are permanently prohibited at the Location; provided that if gaming or wagering
activities on sports (also known as "sports betting") are made lawful and generally
available to all residents of the State of Florida ("State"), either online or at
professional sports venues under State law, then West Flagfer will be permitted to
conduct such sports betting at the Location on such terms and conditions as
provided by State law, However, if sports betting is made lawful and available by
State law in a manner that requires local government approval, West Flagler shall
comply with the Supplemental Regulations of the Miami 21 Code, including its
Exception provisions, in securing such approval. Failure to obtain such approval
shall in no way affect the validity or enforceability of the Settlement Agreement.
ii) Any future applications for gambling facilities at any other locations owned
or operated by West Flagfer, including but not limited to future summer jai alai
frontons and card rooms at such other locations, are subject to the requirements of
the Supplemental Regulations of the Miami 21 Code, including the Exception
provisions. The restriction under this Section 2.C.ii) does not apply to the facilities
exempted from the Supplemental Regulations of the Miami 21 Code as provided in
Section 4 of Ordinance No. 13791.
Section 3. This Ordinance has no effect on and does not operate to prohibit any other
gambling or wagering activity otherwise lawfully permissible under Chapters 550 and 849,
Florida Statutes, including gambling and pari-mutuel activities, currently conducted under the
licenses held by West Flagler known as "Magic City Casino" located at 450 N.W. 37th Avenue,
Miami, Florida 33125 ("Magic City Casino") and by Miami Casino, LLC d/bla/ Casino Miami
located at 3500 N.W. 37th Avenue, Miami, Florida 33142 ("Casino Miami"), including the
continued operation of slot machines. This Ordinance does not prohibit Magic City Ca5i
and/or Casino Miami from engaging in pari-mutuel activities in the future that may be,1rermitt
by State law.
Section 4. If any section, part of a section, paragraph, clause, phrase, or wa►`rof t64js l�
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be ffea d. r
r1
Section 5. This Ordinance shall become effective immediately upon its ado l'onccg
and signature of the Mayor.'
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 5 of 6 File ID.' 8745 (Revision: A) Printed on: 3/18/2021
File ID: 8745 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
OUTSIDE COUNSEL
-77 • Cz▪ a
rV
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
City of Miami Page 8 of 8 File ID: 8745 (Revision: A) Printed on: 3/18/2021
+/ k
City of Miami
Legislation
Ordinance:
City Hall
3500 P American Drive
ami. FL 33133
v.miamigov.com
File Number: 8745 final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WIT
PURSUANT TO A PROPOSED SETTLEMENT AGREEM
INCORPORATED AS EXHIBIT "1" ("SETTLEMENT AG
CONDITIONALLY AUTHORIZING LIMITED GAMBLI
PROPERTY DESCRIBED AS LOT 4, BLOCK 4 OF
SUBDIVISION RECORDED AT PLAT BOOK 9, P
RECORDS OF MIAMI-DADE COUNTY, FLORID
OF THE EXECUTIVE PLAZA SUBDIVISION R
PAGE 87 OF THE PUBLIC RECORDS OF T
PARTICULARLY DESCRIBED IN COMPO
SETTLEMENT AGREEMENT, ATTACHE
(COLLECTIVELY, '`PROPERTY"), UPO
AND IMPOSING PERMANENT PROH
GAMBLING AT THE PROPERTY A
SPECIFIED GAMBLING USES, A
IF WEST FLAGLER ASSOCIAT
ENTERED INTO THE SETTLE
("CITY") AS APPROVED BY
ACCEPTABLE TO OUTSID
CONDITIONS OF SUCH
APPROVING A CARD
WEST FLAGLER HAS
PROPERTY FROM
WAGERING, SUC
SUMMER JAI AL
PARAMETERS
SUCH CARD
THE SUMM
PERSON
NOT OP
PERM'
PRO'
A S' E
ATTACHMENT(S),
NT, ATTACHED AND
EMENT"), (A)
USES AT THE REAL
E ELWOOD COURT
E 181 OF THE PUBLIC
("COUNTY") AND TRACT C
ORDED AT PLAT BOOK 121,
COUNTY, AS MORE
E EXHIBIT "A" OF THE
AND INCORPORATED
MEETING CERTAIN CONDITIONS
ITIONS ON ALL OTHER FORMS OF
A CONDITION OF ALLOWING THE
OF WHICH SHALL TAKE EFFECT ONLY
LTD. ("WEST FLAGLER") HAS (i)
ENT AGREEMENT WITH THE CITY OF MIAMI
E CITY COMMISSION AND IN A FORM
COUNSEL AND (ii) FULFILLED ALL TERMS AND
TTLEMENT AGREEMENT; (B) CONDITIONALLY
OM AT THE PROPERTY TO TAKE EFFECT ONCE
BTAINED A CARD ROOM PERMIT FOR THE
E STATE OF FLORIDA'S DIVISION OF PARI-MUTUEL
CARD ROOM TO BE CONTAINED WITHIN THE TOTAL
FACILITY FOOTPRINT, SIZE, AND DESIGN
S PROVIDED IN THE SETTLEMENT AGREEMENT AND
OOM FURTHER NOT TO EXCEED 20,000 SQUARE FEET OF
JAI ALAI FACILITY OR MAXIMUM CAPACITY OF 500
(SUBJECT TO APPLICABLE FIRE SAFETY CODES) ANC SHALL
ATE FOR MORE THAN SIXTEEN (16) HOURS PER DAY; AND (C)
ENTLY BANNING ALL OTHER FORMS OF GAMBLING AT THE
RTY EXCEPT AS SPECIFICALLY PROVIDED HEREIN; CONTAINING
RABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
HEREAS, on April 15, 2019, West Flagler Associates, Ltd. ("West Flagler") served a
law .it against the City of Miami ("City") in the Eleventh Judicial Circuit Court in and for Miami-
De County, Case No.: 19-10140 CA (43), which was subsequently removed to the United
ates District Court for the Southern District of Florida, Case No.: 19-21670-CIV-Scola; and
WHEREAS, the West Flagler has proposed a settlement agreement, attached and
incorporated as Exhibit "1", as approved by the City Commission pursuant to Resolution No. R-
City of Miami
Page 1 of 5
File ID: 8745 (Revision:) Printed On:3/2212021
SUBSTITUTED
File ID: 8745 Enactment Number
on , 2021 and in a form acceptable to Outside Counsel ("Se ement
Agreement"), which provides that West Flagler may proceed with applying for its pe it to build
a summer jai alai facility ("Permit') without the requirement of obtaining an except'', n approved
by a four -fifths (4/5') vote of the City Commission as set forth in Article 6, Sectio 6.1, Table 13
of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ( ami 21 Code''),
as amended by Ordinance No. 13791 ("Supplemental Regulations'); that th- ity Commission
will consider an ordinance approving West Flagler's operation of a card ro• pursuant to
Section 849.086, Florida Statutes, and such approval is a condition of the ettlement
Agreement; that the West Flagler agrees it will not operate any form of , aming, including slot
machines, craps, roulette, or video lottery terminals in its summer jai al facility ("Property");
providing that if gaming or wagering on sports are made lawful and generally available under
state law, then West Flagler will be permitted to conduct such spo s wagering or gaming at the
Property on such conditions as provided by state law and, if rered by state law, West Flagler
will comply with the Supplemental Regulations of the Miami 2 Code in securing approval of
sports betting from the City; and that each party will bear th r own attorneys' fees and costs;
and
WHEREAS, West Flagler further agrees that a future applications for gambling
facilities at any other locations, including but not limit d to future jai alai frontons and card rooms
at other locations, are subject to the requirements • the Miami 21 Code, including the
Supplemental Regulations; however, the Parties rther agree that this restriction does not apply
to the facilities exempted from the Miami 21 Coe as provided therein; and
WHEREAS, West Flagler may assi• the Permit and/or its rights under its partnership
with its partner entity regarding the Proper to an existing or new entity so long as West Flagler
remains a partner of any such assignee •ntity and that assignee entity agrees to be bound by
the terms of the Settlement Agreeme provided, however, that West Flagler agrees that it
cannot assign its rights under the P it or the Settlement Agreement to a non-affiliated third
party assignee and that the Settle • -nt Agreement does not create any direct or third party
beneficiary rights in its partner e Ity or any other person except a permissible assignee who
agrees to be bound by the ter - of the Settlement Agreement; and
WHEREAS, West F :gler agrees that the space utilized for the jai alai fronton and other
pari-mutuel activities as ■ ined under Chapter 550, Florida Statutes, will not provide permanent
seating for more than 4 00 patrons, provide for more than 100,000 square feet of exhibition
space, or provide off- eet parking for more than 1,000 vehicles and will not reach the minimum
thresholds of a Reg' •nal Activity Complex as defined in Section 1.1(e) of the Miami 21 Code,
that the Property I be subject to a compulsory review by the City's Planning and Zoning
Departments an will comply with the Design Review Criteria set forth in Article 4, Table 12 of
the Miami 21 •de, a copy of which is attached to the Settlement Agreement; and nothing
herein shall : empt the development of the overall project where West Flagler's proposed jai
alai fronto ill be located from complying with all other applicable provisions of the Miami 21
Code; a
WHEREAS, the City and West Flagler have agreed to execute a written Settlement
Agr• ement memorializing the terms of the settlement; and
WHEREAS, Raquel A. Rodriguez, Esquire, acting as outside counsel in the pending
litigation ("Outside Counsel"), has investigated the claim and lawsuit and recommends that said
claim and lawsuit be settled for the terms summarized above and as memorialized in the written
Settlement Agreement; and
SUBSTITUTED
City of Miami
Page 2 of 5 File JD: 8745 (Revision:) Printed on: 3/22/2021
Number:
File ID: 8745 Enactm
WHEREAS, the City and West Flagler have agreed that as a condition to th Settlement
Agreement and in lieu of a development agreement, the owner (or owners) of the ertinent
property must provide written consent to the permanent use restrictions being in +osed on the
pertinent property pursuant to the Settlement Agreement; and
WHEREAS, the approval of an ordinance implementing the terms o
Agreement regarding the allowed and restricted uses at the Property is a
Settlement Agreement; and
he Settlement
ndition of the
WHEREAS, the City and West Flagler have agreed that the ttlement Agreement will
not be consummated unless all conditions of the Settlement Agree ent are fulfilled and the City
Commission approves said ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CO f ISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in e Preamble to this Ordinance
are adopted by reference and incorporated as fully set fh in this Section.
Section 2. The City Commission hereby app .ves the following uses as legal non -
confirming uses under the Miami 21 Code at the re . property described as Lot 4, Block 4
of the Elwood Court Subdivision recorded at Plat '•ook 9, Page 181 of the Public Records
of Miami -Dade County, Florida ("County") and T act C of the Executive Plaza Subdivision
recorded at Plat Book 121, Page 87 of the Co ty, as more particularly described in
Composite Exhibit "A" of the proposed Se - ent Agreement, attached and incorporated
("Location'); provided, however, that such • sproval is conditioned as follows:
A.) Approval for operation of Summ r Jai Alai Fronton.
i) Approval of West Fla' er's application for a building permit or certificate of
use for a summer jai alai frr ton at the Location and any related permits, licenses,
and approvals required to se obtained by West Flagler, including, but not limited to,
business tax receipts, s►.11 not be subject to the Exception requirements of the
Supplemental Regulat'•ns of the Miami 21 Code.
ii) West Flags s applications, including its building permit or certificate of use
applications, shal .e processed in a timely manner so long as all other applicable
criteria are met.
iii) West lagler may assign the Permit and/or its rights under its partnership
with its par er entity pursuant to a Memorandum of Understanding with a partner
entity ow -d and controlled by 3195 Property, LLC, a Delaware limited liability
compa , and/or the entities that own the land described in the Permit as part of
Comp site Exhibit "A" to the Settlement Agreement (collectively, "Partner Entity')
rega • ing the Location to an existing or new entity so long as West Flagler remains
a ■ : rtner of any such assignee entity and that assignee entity agrees in writing to
b bound by the terms of this Settlement Agreement. West Flagler agrees that it
annot assign its rights under the Permit or the Settlement Agreement to a non-
affiliated third party assignee and that the Settlement Agreement does not create
any direct or third party beneficiary rights in its Partner Entity or any other person
except a permissible assignee who agrees to be bound by the terms of the
Settlement Agreement.
SUBSTITUTED►
City of Miami
Page 3 of 5 Fife fD: 8745 (Revision:) Printed on: 3/22/2021
File ID: 8745 nactment Number:
iv) The space utilized for the summer jai alai fronton and other
activities as defined under Chapter 550, Florida Statutes will not p
permanent seating for more than 4,000 patrons, provide for mar
square feet of exhibition space, or provide off-street parking fo
vehicles and will not reach the minimum thresholds of a Regi
as defined by Section 1.1(e) of the Miami 21 Code.
v) The Property will be subject to a compulsory revi
and Zoning Departments and will comply with the Desi
in Article 4, Table 12 of the Miami 21 Code, a copy of
incorporated to the Settlement Agreement as Exhibi
exempt the development of the overall project at t
all other applicable provisions of the Miami 21 C•.e
8} Approval for Operation of Card Room.
(i)
Pursuant to Section 849.086(16), F
West Flagler in conjunction with
be effective only if and when th
Regulation Division of Pari-Mu
a permit to operate a card ro
of the card room, and any r
including, but not limited t
Exception requirement o
Code.
(ii) If DPBR requires a
Statutes, to appro
with the Permit
herein shall bi
the request f
required by
votes for
be paid
Commi
card r
req
on
ri-mutuel
vide
han 100,000
ore than 1,000
al Activity Complex
by the City's Planning
Review Criteria set forth
hich is attached hereto and
B." Nothing herein shall
Location from complying with
rida Statutes, a card room use by
Permit is approved at the Location to
lorida Department of Business
el Wagering ("DPBR") issues West Flagler
at the Location. West Flagler's operation
ated permits, licenses, and approvals,
business tax receipts, shall not be subject to the
the Supplemental Regulations of the Miami 21
parate vote pursuant to Section 849.086(26), Florida
the card room operation at the Location in conjunction
er the summer jai alai fronton is operational, nothing
any future Miami City Commission on its consideration of
approval of the card room. If such a subsequent vote is
PBR, West Flagler will be required to obtain the required
proval, after a public hearing, with proper notice and all costs to
West Flagler. If such additional approval by the City
ion is required by DPBR, the votes required for West Flagler's
om at the Location shall not be subject to the Exception
ements of the Supplemental Regulations of the Miami 21 Code and
a majority vote will be required for approval of a card room operation in
njunction with West Flagler's jai alai fronton operation.
(iii) No other terms or conditions of the Supplemental Regulations of the Miami
21 Code shall apply to the approval process for the card room and only a
simple majority vote of the Commission shall be required.
iv) Failure to obtain subsequent approval shall in no way affect the validity or
enforceability of the Settlement Agreement.
C. Limitation on Future Uses.
i) In consideration for permitting the foregoing limited uses, the Location will
never be used for gaming or wagering activities, including but not limited to slot
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Page 4 of 5 File ID: 8745 (Revision:) Printed on: 3/22/2021
File ID: 8745 Ena ent Number:
machine type gambling devices as defined by Section 551.102(8), Florid
the games of craps or roulette, or video lottery terminals ("VLF-) and all
are permanently prohibited at the Location; provided that if gaming or
activities on sports (also known as "sports betting") are made lawful
available to all residents of the State of Florida ("State"), either onli
professional sports venues under State law, then West Flagler w
conduct such sports betting at the Location on such terms and
provided by State law. However, if sports betting is made lawf
State law in a manner that requires local government appro
comply with the Supplemental Regulations of the Miami 2
Exception provisions, in securing such approval. Failure
shall in no way affect the validity or enforceability of the
ii) Any future applications for gambling facilitie
or operated by West Flagler, including but not lim
frontons and card rooms at such other location
the Supplemental Regulations of the Miami 2
provisions. The restriction under this Sectio
exempted from the Supplemental Regulati
Section 4 of Ordinance No. 13791.
atutes,
uch uses
agering
d generally
or at
be permitted to
nditions as
and available by
I, West Flagler shall
ode, including its
obtain such approval
ettlement Agreement.
any other locations owned
d to future summer jai alai
e subject to the requirements of
ode, including the Exception
does not apply to the facilities
s of the Miami 21 Code as provided in
Section 3. This Ordinance has no eff- t on and does not operate to prohibit any other
gambling or wagering activity otherwise la illy permissible under Chapters 550 and 849,
Florida Statutes, including gambling and p i-mutuel activities, currently conducted under the
licenses held by West Flagler known as ' agic City Casino" located at 450 N.W. 37th Avenue,
Miami, Florida 33125 ("Magic City Casi o") and by Miami Casino, LLC dlbla/ Casino Miami
located at 3500 N.W. 37th Avenue, ami, Florida 33142 ("Casino Miami"), including their
continued operation of slot machine .. This Ordinance does not prohibit Magic City Casino
and/or Casino Miami from engagi . in pari-mutuel activities in the future that may be permitted
by State law.
Section 4. If any sec on, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared inval . , the remaining provisions of this Ordinance shall not be affected.
Section 5. This ► rdinance shall become effective immediately upon its adoption
and signature of the M -yor.1
APPROVED AS T ORM AND CORRECTNESS.
OUTSIDE COU► SEL
his Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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City of Miami
Page 5 of 5 File ID: 8745 (Revision:) Printed on: 3/22/2021