HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9375 Final Action Date: 7/22/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A
PROPOSED CHARTER AMENDMENT AMENDING SECTION 29-B OF THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"),
TITLED "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 TO
NEGOTIATE AND EXECUTE A GROUND LEASE AND MASTER
DEVELOPMENT AGREEMENT ("LEASE"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SUNTEX
MARINA INVESTORS, LLC OR AN ACCEPTABLE AFFILIATE THEREOF
("SUNTEX") FOR APPROXIMATELY TWENTY-SEVEN (27) ACRES OF CITY -
OWNED PROPERTY (INCLUDING UPLANDS AND SUBMERGED LANDS) IN
VIRGINIA KEY AND LOCATED GENERALLY AT 3301, 3307, 3605, AND 3501
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND IDENTIFIED AS FOLIO
NOS. 01-4217-000-0020, 01-4218-000-0030, 01-4218-000-0031, 01-4218-000-
0010, AND 01-4217-000-0030 (COLLECTIVELY, "PROPERTY") FOR AN
INITIAL TERM OF FORTY-FIVE (45) YEARS WITH TWO (2) FIFTEEN (15)
YEAR RENEWAL TERMS, WITH THE CUMULATIVE TERM INCLUSIVE OF
BOTH RENEWALS NOT TO EXCEED SEVENTY-FIVE (75) YEARS, AND
PROVIDING FOR AN ANNUAL RENT EQUAL TO THE GREATER OF FAIR
MARKET VALUE AS DETERMINED BY TWO (2) INDEPENDENT STATE
CERTIFIED APPRAISERS OR (A) TWO MILLION SEVEN HUNDRED AND
FIFTY THOUSAND DOLLARS ($2,750,000.00) PLUS (B) A PERCENTAGE
RENT EQUAL TO SEVEN PERCENT (7%) OF THE GROSS REVENUES
GENERATED FROM WET SLIP AND DRY STORAGE, SEVEN PERCENT (7%)
OF GROSS REVENUES GENERATED FROM FUEL SALES, SEVEN
PERCENT (7%) OF THE GROSS REVENUES GENERATED FROM
SUBLEASE INCOME, AND FIVE PERCENT (5%) OF GROSS REVENUES
GENERATED FROM OTHER INCOME -GENERATING SOURCES RECEIVED
FOR THE DEVELOPMENT OF A WORLD -CLASS MIXED -USE MARINA
FACILITY WITH A MINIMUM CAPITAL COMMITMENT BY SUNTEX OF ONE
HUNDRED MILLION DOLLARS ($100,000,000.00); AUTHORIZING THE USE
OF THE PROPERTY FOR MIXED -USE WATERFRONT FACILITIES
INCLUDING, BUT NOT LIMITED TO, MARINAS, BOATYARDS, DOCK
MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT AND OTHER
VESSEL STORAGE, WET SLIP DOCKS, RESTAURANTS, RETAIL, FUEL
FACILITIES, AND OTHER RECREATIONAL AND MARINE RELATED USES,
SUBJECT TO COMPLIANCE WITH ALL APPLICABLE LAWS, RULES,
REGULATIONS, AND RESTRICTIONS IMPOSED UPON THE PROPERTY BY
LAW OR BY CONTRACT, WITH RESTRICTIONS, REVERSIONS, AND
RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A
SPECIAL ELECTION AND PROVIDING THAT THE CHARTER AMENDMENT
BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE
City of Miami Page 1 of 11 File ID: 9375 (Revision:) Printed On: 5/29/2025
File ID: 9375 Enactment Number:
HELD ON NOVEMBER 2, 2021; 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 THE SUPERVISOR OF
ELECTIONS OF MIAMI-DADE COUNTY NOT LESS THAN FORTY-FIVE (45)
DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Alex Diaz de la Portilla
WHEREAS, the City of Miami ("City") is the owner in fee simple of the waterfront
properties in Virginia Key known as Rickenbacker Marina and Marine Stadium Marina, including
approximately twenty-seven (27) acres of combined uplands and submerged lands, located at
3301, 3307, 3605, and 3501 Rickenbacker Causeway, Miami, Florida (collectively, "Property");
and
WHEREAS, Suntex Marina Investors, LLC or an acceptable affiliate thereof ("Suntex")
desires to design and develop the Property for the purposes of constructing a mixed -use world
class marine facility including, but not limited to, marinas, boatyards, dock master's offices,
ship's stores, dry rack boat and other vessel storage, wetslip docks, restaurants, retail, fuel
facilities, and other recreational and marine -related uses ("Project"); and
WHEREAS, the City and Suntex desire to negotiate and enter into a Ground Lease and
Master Development Agreement ("Lease") for the Property for an initial term of forty-five (45)
years with two (2) fifteen (15) year options to renew for a maximum possible term of seventy-
five (75) years; and
WHEREAS, the Project shall be world class and require a minimum capital commitment
from Suntex of one hundred million dollars ($100,000,000.00); and
WHEREAS, Suntex shall pay to the City an annual rent equal to the greater of fair
market value as determined by two (2) independent State certified appraisers or (a) two million
seven hundred fifty thousand dollars ($2,750,000.00) ("Base Rent") plus (b) seven percent (7%)
of gross revenues generated from wet slip and dry storage, gross revenues generated from fuel
sales, and gross revenues generated from sublease income and five percent (5%) of gross
revenues generated from other income -generating sources received from the Project
("Percentage Rent"); and
WHEREAS, for purposes of calculating Percentage Rent, gross revenues shall mean the
total amount of income received by Suntex prior to deductions; and
WHEREAS, the City shall negotiate with Suntex to ensure the financial return to the City
meets or exceeds fair market value through a minimum rent, profit sharing, or other similar
financial contribution from Suntex to the City, but in no event less than the Base Rent plus
Percentage Rent; and
WHEREAS, Suntex proposes to design, fund, construct, and operate the Project, which
will include, without limitation, floating dock systems, a public coastal promenade, and ample
parking facilities; and
City of Miami Page 2 of 11 File ID: 9375 (Revision:) Printed on: 5/29/2025
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WHEREAS, the Project will help implement major components of the Virginia Key Master
Plan and will include new resiliency standards, public promenades, open green space, and shall
incorporate green elements into the design; and
WHEREAS, the Lease will provide reasonable public access to the water, reasonable
public use of the Property, and will comply with other waterfront setback and view -corridor
requirements of the Charter of the City of Miami, Florida, as amended ("City Charter"); and
WHEREAS, the approval of the Lease shall be subject to compliance with all laws,
regulations, and restrictions imposed upon the Property; and
WHEREAS, Suntex shall be responsible for all expenses and costs associated with the
Project and the Property, including, without limitation, reimbursing the City for all bond funds
and other restricted funds utilized at the Property or any portion thereof and any costs imposed
by the State pursuant to the deed restriction; and
WHEREAS, the City Commission has determined that the Lease and the Project are in the
City's best interest; and
WHEREAS, pursuant to Resolution No. R-21- , adopted on July 22, 2021, the City
Attorney was directed to draft proposed ballot language contained herein; and
WHEREAS, this Resolution does not confer any contractual or leasehold rights in the
Property to Suntex unless and until (i) the electorate has cast a favorable vote approving the
City Charter amendment; (ii) the Lease is negotiated and approved by a four -fifths (4/5ths) vote
of the City Commission, at the Commission's sole and absolute discretion; and (iii) following
approval by the City Commission, the Lease is executed by the authorized officers of Suntex
and the City, respectively;
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 Section 6.03 of the Miami -Dade County Home Rule
Charter, a Special Election is being called and directed in the City from 7:00 A.M. until 7:00 P.M. on
Tuesday, November 2, 2021 for the purpose of submitting to the qualified electors of the City for
their approval or disapproval the proposed City Charter amendment for the Lease as stated
herein.
Section 3. Section 29-B of the City Charter is proposed to be amended in the following
particulars:
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
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.
City of Miami Page 3 of 11 File ID: 9375 (Revision:) Printed on: 5/29/2025
File ID: 9375 Enactment Number:
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 receipt of proposals from prospective purchasers or lessees, said
advertisement to be no less than one-fourth (') 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. Any
lease for the development of improvements of city -owned property which has
been approved by voter referendum shall require additional voter approval for a
development on City -owned property where the developer has not obtained the
necessary building permits within four (4) years of the effective date of the lease.
Such section shall not be applicable when the delay in the performance of any
obligation is as a result of force majeure, or litigation that questions the validity of
the vote, or the City Commission action to place the question for referendum,
then the performance of such obligation shall be extended by the length of the
delay. 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;
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(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 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 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
(d) waive competitive bidding and execute a Fifth Amendment to the Lease
Agreement with Aligned Bayshore Marina, LLC, also known as Monty's,
to extend the current lease term by an additional term of approximately
thirty-two (32) years (to expire May 31, 2067), with two (2) ten (10) year
options to renew for a total term of fifty-two (52) years (to expire May 31,
2087); which will increase minimum rent payment by an additional two
hundred thousand dollars ($200,000.00) per lease year, for a minimum of
ten million dollars ($10,000,000.00) over the base term of the amended
Lease Agreement, or one and three quarters percent (1.75%) of gross
rent receipts from the Property, whichever is greater, as additional rent
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due to the City and, commencing January 1, 2019, minimum annual total
rent (inclusive of the additional minimum rent) shall be one million five
hundred thousand dollars ($1,500,000.00), plus an additional twenty five
thousand dollars ($25,000.00) to be paid on an annual basis for the full
amended term to a special fund to be established by the City for the
benefit of low income housing renovation; further providing capital
improvements to the Property of a minimum of seven million five hundred
thousand dollars ($7,500,000.00) to be spent within three (3) years of the
electorate's approval of the Fifth Amendment to the Lease Agreement;
further creating a capital account requiring a minimum additional
investment in the Property of four million dollars ($4,000,000.00) over the
amended Lease term, inclusive of the renewal options; requiring a
Transfer Fee payment to the City if the Property is transferred or
assigned; and further requiring a Refinancing Fee payment to the City
should the Property be refinanced after the initial refinancing.
(e) waive competitive bidding and approve the Fifth Modification to the
Lease with ESJ JI Leasehold, LLC, which modifies the remaining term of
approximately forty three (43) years and extends the Term from the year
2060 to the year 2099 and includes a Fifteen (15) year option to extend
the Lease to the year 2114; providing an additional annual rent payment
of Two Hundred Fifty Thousand Dollars ($250,000.00) increasing, once
the proposed hotel has stabilized, to the greater of One Million Two
Hundred Twenty Thousand Dollars ($1,220,000.00) or Five Percent (5%)
of annual hotel gross revenues from a new privately funded hotel
development with a minimum cost of Fifty Million Dollars
($50,000,000.00) with a maximum of Three Hundred (300) rooms and a
maximum height of One Hundred Thirty (130) feet, at ESJ's expense and
option, and a design subject to City approval and successful land use
and zoning changes, as necessary, with said rent being 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 parking spaces sufficient to meet
zoning ordinance requirements; 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 for
construction of a walkway to Jungle Island and necessary repairs and
maintenance of the Ichimura-Miami Japanese Gardens; payments
totaling Seven Hundred Fifty Thousand Dollars ($750,000.00) over a ten
(10) year period to be used for affordable housing; 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 proceeds if the Property is transferred or assigned;
implementing a refinancing fee of One Percent (1 %) of refinancing loan
proceeds if the Property is refinanced after the initial refinancing.
(f)
waive competitive bidding to negotiate and execute a Ground Lease and
Master Development Agreement with Miami Freedom Park, LLC, for a
total lease term of ninety-nine (99) years, for approximately seventy-
three (73) acres of City -owned property located generally at 1400
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Northwest 37th Avenue, Miami, Florida 33125, also known as Melreese
County Club, with a minimum annual base rent payable to the City equal
to the greater of (a) fair market value as determined by state certified
appraisers or (b) five percent (5.0%) of rent from the retail, office, and
hotel development within the Demised Property, but annual base rent of
no less than three million five hundred seventy-seven thousand three
hundred sixty-five dollars ($3,577,365.00), in addition to a contribution to
the City of twenty million dollars ($20,000,000.00) payable over thirty
(30) years in annual installments, and any rent increases and/or
additional rents negotiated by the parties; authorizing the use of the
Demised Property for a soccer stadium; with at least one (1) million
square feet of art and entertainment center including food and beverage
venues, offices, retail, and a hotel with at least 750 units and conference
center with ancillary commercial uses, guaranteeing a living wage for all
on -site employees, further requiring MFP to undertake the remediation
and Site development for a public park of approximately fifty-eight (58)
acres to be developed on property adjacent to the Demised Property as
MFP's sole cost, with any restrictions, reversions, and retention by the
City of all other rights including at least a one (1 %) transfer fee payable
to the City, with such Lease and Master Development Agreement
requiring City Commission approval by a four -fifths (4/sths) vote.
(g) waive competitive bidding to negotiate and execute a Ground Lease and
Master Development Agreement ("Lease") with Suntex Marina Investors,
LLC, or affiliate acceptable to the City, for mixed -use waterfront facilities
including, but not limited to, marinas, boatyards, dock master's offices,
ship's stores, dry rack boat and other vessel storage, wet slip docks,
restaurants, retail, fuel facilities, and other recreational and marine
related uses for the development of a world -class mixed -use marina
facility with a minimum capital commitment by Suntex of one hundred
million dollars ($100,000,000.00) with an initial term of forty-five (45)
years with two (2) fifteen (15) year options to renew for a total possible
lease term of seventy-five (75) years for approximately twenty-seven
(27) acres of City -owned property located at 3301, 3307, 3605, and 3501
Rickenbacker Causeway, Miami, Florida and identified as Folio Nos. 01-
4217-000-0020, 01-4218-000-0030, 01-4218-000-0031, 01-4218-000-
0010, and 01-4217-000-0030, providing for the annual payment to the
City equal to the greater of (a) fair market value as determined by two (2)
independent state certified appraisers or (b) two million seven hundred
and fifty thousand dollars ($2,750,000.00) plus a percentage rent equal
to seven percent (7%) of the gross revenues generated from wet slip and
dry storage, fuel sales, and sublease income and five percent (5%) of
gross revenues generated from all other income -generating sources
received, with any restrictions, reversions, and retention by the City of all
other rights and such Lease requiring City Commission approval by a
four -fifths (4/sths) vote.
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
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leases or management agreements result in a return to the City of at least
fair market value."
Section 4. The Special Election shall be held at the polling places in the precincts
designated, all as shown on Exhibit No. 1, attached and incorporated, or as may be designated
by the Supervisor of Elections of Miami -Dade County ("Supervisor") 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 Special Election date shall be those
designated by the Supervisor for such purpose in accordance with the general laws of the
State. A description of the registration books and records which pertain to Special Election precincts
wholly or partly within the City and which the City is adopting and desires to use for holding such
Special Election is all voter information cards, registration books, records, and certificates
pertaining to electors of the City and established and maintained as official by the Supervisor 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 (2020), regarding any
Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the
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
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 SPECIAL ELECTION
TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. R-21-
A Special Election will be held on Tuesday, November 2, 2021 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 Supervisor of Elections 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 Miami's Charter be amended authorizing the City to waive competitive bidding,
negotiate, and execute a 75 year waterfront lease of approximately 27 acres located at
3301 Rickenbacker Causeway with Suntex Marina Investors LLC or affiliate for:
• Marina, restaurant, and ancillary marine related uses;
• Minimum $100,000,000.00 capital investment;
• $2,750,000.00 annual base rent;
• Additional percentage rent equal to 7% gross boat storage, fuel, and sublease
income and 5% gross revenues from all other sources?
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 to negotiate and execute a Ground Lease and Master
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Development Agreement ("Lease"), in a form acceptable to the City Attorney,
between the City and Suntex Marina Investors, LLC or an affiliate thereof for
mixed -use waterfront facilities including, but not limited to, marinas, boatyards,
dock master's offices, ship's stores, dry rack boat and other vessel storage, wet
slip docks, restaurants, retail, fuel facilities, and other recreational and marine
related uses for the development of a world -class mixed -use marina facility with a
minimum capital commitment by Suntex of one hundred million dollars
($100,000,000.00) with an initial term of forty-five (45) years with two (2) fifteen
(15) year options to renew for a total possible lease term of seventy-five (75)
years for approximately twenty-seven (27) acres of City -owned property located
at 3301, 3307, 3605, and 3501 Rickenbacker Causeway, Miami, Florida and
identified as Folio Nos. 01-4217-000-0020, 01-4218-000-0030, 01-4218-000-
0031, 01-4218-000-0010, and 01-4217-000-0030 providing for the annual
payment to the City of the greater of (a) fair market value as determined by two
(2) independent state certified appraisers or (b) two million seven hundred and
fifty thousand dollars ($2,750,000.00) plus a percentage rent equal to seven
percent (7%) of the gross revenues generated from wet slip and dry storage,
gross revenues generated from fuel sales, and gross revenues generated from
sublease income and five percent (5%) of gross revenues generated from all
other income -generating sources received, subject to compliance with all
applicable laws, rules, regulations, and restrictions imposed upon the property by
law or by contract, with restrictions, reversions, and retention by the City of all
other rights.
By order of the Commission of the City of Miami, Florida.
Section 6. 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 2, 2021
Proposed Charter Amendment for the Lease
and Development of Virginia Key Marina.
Shall Miami's Charter be amended authorizing the
City to waive competitive bidding, negotiate, and
execute a 75 year waterfront lease of
approximately 27 acres located at 3301
Rickenbacker Causeway with Suntex Marina
Investors LLC or affiliate for:
• Marina, restaurant, and ancillary marine
related uses;
• Minimum $100,000,000.00 capital
investment;
• $2,750,000.00 annual base rent;
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• Additional percentage rent equal to 7%
gross boat storage, fuel, and sublease income
and 5% gross revenues from all other sources?
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. 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 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 9. All qualified electors of the City shall be permitted to vote in said Special
Election and the Supervisor 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 the Supervisor 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 10. For the purpose of enabling persons to register who are qualified to vote in
said Special Election on Tuesday, November 2, 2021 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, as amended, 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. 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.
Section 11. Todd B. Hannon, the City Clerk, or his duly appointed successor, is hereby
designated and appointed as the official representative of the City Commission in all transactions with
the Supervisor related to matters pertaining to the use of the registration books and the holding
of said Special Election.
Section 12. The City Clerk shall deliver a certified copy of this Resolution to the
Supervisor not less than forty-five (45) days prior to the date of the Special Election.
Section 13. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.2
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 10 of 11 File ID: 9375 (Revision:) Printed on: 5/29/2025
File ID: 9375 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 11 of 11 File ID: 9375 (Revision:) Printed on: 5/29/2025