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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16360 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT NO. _, AMENDING SECTION 29-C OF THE CHARTER, TITLED "SAME — WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE SALE AND/OR LEASE OF +5.4 ACRES OF THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL ("PROPERTY") FOR BASED UPON FAIR MARKET VALUE OF $135,000,000 TO ECORESILIENCY MIAMI LLC, FOR RESIDENTIAL AND COMMERCIAL USES, REQUIRING CANCELLATION OF THE EXISTING LEASE, PAYMENTS TO CITY, DEVELOPMENT OF A NEW +13.3-ACRE PUBLIC WATERFRONT PARK ON THE REMAINDER OF PROPERTY AT NO COST TO THE CITY, CONTRIBUTING $15,000,000 FOR AFFORDABLE HOUSING, INFRASTRUCTURE AND PROVISION OF OTHER CERTAIN COMMUNITY BENEFITS; CALLING FOR A REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT NO._ WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION ON NOVEMBER 5, 2024; 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 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 ELECTION; FURTHER DIRECTING THE CITY MANAGER TO USE GOOD FAITH EFFORTS TO BRING BEFORE THE COMMISSION FOR 4/5THS APPROVAL A FULLY NEGOTIATED PURCHASE AND SALE AGREEMENT AND RELATED AGREEMENTS, ALL GENERALLY IN ACCORDANCE WITH THE DRAFT TERM SHEET ATTACHED AS EXHIBIT A ("TERM SHEET"), AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA AND BY THE ELECTORATE ON NOVEMBER 5, 2024; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Damian Pardo WHEREAS, the City of Miami ("City") is the owner of that certain tract of land on Watson Island comprising approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami, Florida ("Property"); and WHEREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease and Development Agreement, as modified from time to time (collectively, the "Lease") for the Property; and City of Miami Page 1 of 6 File ID: 16360 (Revision:) Printed On: 7/24/2024 16360 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desire to acquire +5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a purchase and sale agreement and related agreements ("Agreement"), in a form acceptable to the City Attorney, which will allow the sale and/or lease of the Residential Parcel based on fair market value, for construction and operation of the Residential Development subject to: City approval, approval of any necessary zoning changes, cancellation of existing Lease, repayment of the existing loan of approximately $32,000,000 due to City and Miami -Dade County and of the existing Ygrene C- Pace loan of approximately $1,200,000, and approval by the Florida Board of the Trustees of the Internal Improvement Trust Fund; and requiring construction of a new public waterfront park at no cost to the City; annual and up -front payments to the City, and other community benefits; and WHEREAS, the sale and/or lease of the Residential Parcel to Ecoresiliency Miami LLC will be subject to other restrictions, reversions, and retention by the City of all other rights; and WHEREAS, at its regularly scheduled meeting on July 15, 2024, a majority of members of the City of Miami Climate Resilience Committee, voted in favor of supporting the proposed redevelopment, as described herein; and WHEREAS, the City directs the City Manager to negotiate the Agreement generally in accordance with the Term Sheet containing the terms indicated above, attached and incorporated as Exhibit "A," and to use good faith efforts to place such Agreement as approved in a form acceptable to the City Attorney, for approval on a Commission agenda on or before the February 27, 2025 City Commission meeting, subject to approval by the electorate on November 5, 2024; and WHEREAS, the City Commission has determined that the Agreement will be in the City's best interest; 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 Sections 3 and 29-C of the Charter of the City of Miami, Florida, as amended ("Charter"), and § 6.03 of the Miami -Dade County Home Rule Charter, a Referendum Special Election is to be held concurrently with the General Election being called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 5, 2024, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment for the Lease as stated! herein. City of Miami Page 2 of 6 File ID: 16360 (Revision:) Printed on:C724/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: Section 3. Section 29-C of the Charter is proposed to be amended in the following particulars:' "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 29-C. Same — Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance, lease or management agreement may be entered into for the management, occupancy or use of the area known as Watson Island for periods greater than one year unless (1) there shall have been, prior to the date of the city commission's consideration of such sale, lease, management agreement, an advertisement soliciting proposals for said sale, lease or management agreement, 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, (2) the proposed transaction be approved by a majority of the votes cast by the electorate at a referendum. The procedures for selection of proposals shall be those provided by Charter section 29-A(c) or (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall affect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire currently situated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compliance with the provisions of this amendment. This Charter Amendment shall not affect the city's use or occupancy of the area, nor shall it apply to contracts for the construction of any city facilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. ,ou The city commission, by a 4/sths affirmative vote, may authorize issuance of a Iltrenste,or concession agreement for a period not exceeding one (1) year, without the necessity_of a referendum, for the use of Watson Island. Notwithstanding anything herein to the contrary, the City Commission, by a.. 4/5ths affirmative vote, may: ( ) waive competitive bidding and approve the sale and/or lease of approximately 5..4 acres of that certain property located at 1111 Parrot Jungle Trail based upon fair market vane of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding and requiring cancellation of the existing theme park and hotel lease, returning 13 acres to City to construct new public waterfront park at not cost to City, and contributing $15,000,000 for affordable housing, infrastructure, and other public benefits. 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 "B" or as may be designated by the Supervisor of Elections of Miami -Dade 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 6 File ID: 16360 (Revision:) Printed on: 7/24/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: County, Florida ("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 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 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 registration cards, books, records and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. 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 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 AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R- A Referendum Special Election will be held on Tuesday, November 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Referendum 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 sale and/or lease of 5.4 acres on Watson Island based upon fair market value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding, and requiring: • Returning 13 acres to City to construct new public waterfront park at no cost to City; • Cancelling existing theme park and hotel lease; and • Contributing $15,000,000 for affordable housing, infrastructure, and other public benefits?" This Charter Amendment will amend Section 29-C of the Miami Charter to authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and execute an agreement for the sale or lease of approximately 5.4 acres of the property located at 1111 Parrot Jungle Trail City of Miami Page 4 of 6 File ID: 16360 (Revision:) Printed on: 7/24/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: fe based upon fair market value at $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses, pursuant to applicable zoning requiring: cancellation of the existing theme park and hote lease, contributing $15,000,000 for affordable housing, infrastructure, and other public benefits and returning +13.3-acres to the City for construction of a public waterfront park at no cost to the City. 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 Ballot" Referendum Special Election Tuesday, November 5, 2024 for Approval or Disapproval of the following question: Charter Amendment: Partial Conveyance for Revised Development at 1111 Parrot Jungle Trail on Watson Island "Shall Miami's Charter be amended authorizing sale and/or lease of 5.4 acres on Watson Island based upon fair market value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding, and requiring: • Returning 13 acres to City to construct new public waterfront park at no cost to City; • Cancelling existing theme park and hotel lease; and • Contributing $15,000,000 for affordable;.:° housing, infrastructure, and other public benefits?" YES NO (51 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. 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 Referendum Special Election. City of Miami Page 5 of 6 File ID: 16360 (Revision:) Printed on: 7/24/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16360 Enactment Number: Section 9. All qualified electors of the 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 Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, November 5, 2024, 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. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the purpose of voting in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. 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 related 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 not less than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. The City Manager is authorized2 and directed to negotiate the Agreement, in and in strict accordance with the terms of the ballot language approved by this Resolution, and use good faith efforts to bring such Agreement for consideration and 4/5ths approval by the City Commission at the February 27, 2025 meeting of the City Commission, subject to approval by the electorate on November 5, 2024. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 2 The herein authorization is further subject to compliance with all legal requirements that maybe,... imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 3 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 6 of 6 File ID: 16360 (Revision:) Printed on: 7/24/2024 City of Miami Legislation Resolution SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16360 Final Action A ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT( APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATA PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI LORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT N AMENDING SECTION 29-C OF THE CHARTER, TITLED "SAME — SON ISLAND," TO AUTHORIZE THE CITY COMMISSION BY FOUR-FI AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND CITY MANAGER TO NEGOTIATE THE SALE AND/OR LEASE THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT J ("PROPERTY") FOR FAIR MARKET VALUE TO ECORESI RESIDENTIAL AND COMMERCIAL USES, REQUIRING EXISTING LEASE, PAYMENTS TO CITY, DEVELOPM PUBLIC WATERFRONT PARK ON THE REMAINDE TO THE CITY, AND PROVISION OF CERTAIN CO FOR A REFERENDUM AND PROVIDING THAT T WILL BE SUBMITTED TO THE ELECTORATE ELECTION TO BE HELD CONCURRENTLY NOVEMBER 5, 2024; DESIGNATING AND OFFICIAL REPRESENTATIVE OF THE C USE OF VOTER REGISTRATION BOO THE CITY CLERK TO CAUSE A CER TO BE DELIVERED TO THE SUPE COUNTY, FLORIDA NOT LESS T OF SUCH ELECTION; FURTH FAITH EFFORTS TO BRING A FULLY NEGOTIATED PU AGREEMENTS, ALL GE SHEET ATTACHED AS TO THE CITY ATTO NOVEMBER 5, 202 RESOLUTION. F S (4/5THS) THORIZE THE +5.4 ACRES OF GLE TRAIL NCY MIAMI LLC, FOR ANCELLATION OF THE T OF A NEW +13.3-ACRE F PROPERTY AT NO COST UNITY BENEFITS; CALLING E CHARTER AMENDMENT NO._ THE REFERENDUM SPECIAL H THE GENERAL ELECTION ON POINTING THE CITY CLERK AS THE COMMISSION WITH RESPECT TO THE AND RECORDS; FURTHER DIRECTING FIED COPY OF THE HEREIN RESOLUTION ISOR OF ELECTIONS OF MIAMI-DADE AN FORTY FIVE (45) DAYS PRIOR TO THE DATE DIRECTING THE CITY MANAGER TO USE GOOD FORE THE COMMISSION FOR 4/5THS APPROVAL HASE AND SALE AGREEMENT AND RELATED ALLY IN ACCORDANCE WITH THE DRAFT TERM HIBIT A ("TERM SHEET"), AND IN A FORM ACCEPTABLE Y, SUBJECT TO APPROVAL BY THE ELECTORATE ON PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS WHER , the City of Miami ("City") is the owner of that certain tract of land on Watson Island compri- g approximately 18.7 acres and located at 1111 Parrot Jungle Trail, Miami, Florida ("Prerty"); and EREAS, ESJ JI Leasehold, LLC ("ESJ") and the City are parties to that certain Lease and D' elopment Agreement, as modified from time to time (collectively, the "Lease") for the Pro►-rty; and WHEREAS, pursuant to Lease and other entitlements received from the City, ESJ is authorized to develop a theme park, themed hotel, and related retail and entertainment on the Property; and SUBSTITUTED WHEREAS, Ecoresiliency Miami LLC, in collaboration with ESJ (together "Developer Parties"), desire to acquire +5.4 acres of the Property ("Residential Parcel") to develop residential and commercial uses with required parking ("Residential Development"); and WHEREAS, the City and Developer Parties desire to enter into a purchase and sale agreement and related agreements ("Agreement"), in a form acceptable to the City Attorney, which will allow the sale and/or lease of the Residential Parcel based on fair market value, ••r construction and operation of the Residential Development subject to: City approval, app aval of any necessary zoning changes, cancellation of existing Lease, repayment of the existi e loan of approximately $32,000,000 due to City and Miami -Dade County and of the existing Yjrene C- Pace loan of approximately $1,200,000, and approval by the Florida Board of the T stees of the Internal Improvement Trust Fund; and requiring construction of a new public .terfront park at no cost to the City; annual and up -front payments to the City, and other com- unity benefits; and WHEREAS, the sale and/or lease of the Residential Parcel to Ec• esiliency Miami LLC will be subject to other restrictions, reversions, and retention by the Cit of all other rights; and WHEREAS, at its regularly scheduled meeting on July 15 of the City of Miami Climate Resilience Committee, voted in favo redevelopment, as described herein; and 24, a majority of members f supporting the proposed WHEREAS, the City directs the City Manager to ne,•tiate the Agreement generally in accordance with the Term Sheet containing the terms ins ated above, attached and incorporated as Exhibit "A," and to use good faith effo to place such Agreement as approved in a form acceptable to the City Attorney, for approv. •n a Commission agenda on or before the February 27, 2025 City Commission meeting, s .eject to approval by the electorate on November 5, 2024; and WHEREAS, the City Commission ha :etermined that the Agreement will be in the City's best interest; NOW, THEREFORE, BE IT RE MIAMI, FLORIDA: Section 1. The recitals a adopted by reference and inco LVED BY THE COMMISSION OF THE CITY OF findings contained in the Preamble to this Resolution are orated as if fully set forth in this Section. Section 2. In accor► -nce with the provisions of Sections 3 and 29-C of the Charter of the City of Miami, Florid. .s amended ("Charter"), and § 6.03 of the Miami -Dade County Home Rule Charter, a Refere►: um Special Election is to be held concurrently with the General Election being called nd directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, Novemb= 5, 2024, for the purpose of submitting to the qualified electors of the City for their approval •r disapproval of the proposed Charter Amendment for the Lease as stated herein. Se on 3. Section 29-C of the Charter is proposed to be amended in the following particular. "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA 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. SUBSTITUTED SUBPART A. THE CHARTER Sec. 29-C. Same — Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of t City of Miami, no sale, conveyance, lease or management agreement may be entered in . for the management, occupancy or use of the area known as Watson Island for periods gr .ter than one year unless (1) there shall have been, prior to the date of the city commissi• 's consideration of such sale, lease, management agreement, an advertisement solic ng proposals for said sale, lease or management agreement, published in a daily n spaper of general paid circulation in the city, allowing not less than ninety (90) days for t city's receipt of less than one- han 18-point; and, the electorate at a vided by Charter ovisions. Nothing herein p= thee, licensee or ement, amendment, transfer, t the time this amendment is endment. This Charter e area, nor shall it apply to ements in the area; further, nothing ntal agency or instrumentality. proposals from prospective purchasers or lessees, said advertisement to be fourth page and the headline in the advertisement to be in a type no small (2) the proposed transaction be approved by a majority of the votes cast referendum. The procedures for selection of proposals shall be those section 29-A(c) or (d) as appropriate and/or by applicable City Code shall affect the existing rights or privileges, if any, of any lessee, concessionaire currently situated in said area; however, any enl or increase in those rights or privileges as may be in existence adopted shall require compliance with the provisions of this Amendment shall not affect the city's use or occupancy of contracts for the construction of any city facilities or impr contained herein shall apply to projects of any govern The city commission, by a 4/sths affirmative concession agreement for a period not exceedin ; one (1) year, without the necessity of a referendum, for the use of Watson Island. e, may authorize issuance of a license or Notwithstanding anything herein or ny other provision in the Charter or Code of the City of Miami to the contrary, the city commi on, by a 4/sths affirmative vote, may: (a) waive competitive biddin..nd approve the sale and/or lease of approximately 5.4 acres of that certain property loca • • at 1111 Parrot Jungle Trail based on fair market value to Ecoresiliency Miami LLC for res '-ential and commercial uses, requiring cancellation of the existing lease, payments to ci , and development of a new +13.3-acre public waterfront park on the remainder of property at o cost to the city." Section 4. The ' ferendum Special Election shall be held at the polling places in the precincts designated, as shown on the list attached hereto and made a part hereof and referred to as Exhib B" or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida (" ` pervisor"), in conformity with the provisions of the general laws of the State of Florida ("Stat . The Precinct Election Clerks and Inspectors to serve at said polling places on said Refer: dum Special Election date shall be those designated by the Supervisor of Elections of iami-Dade County, Florida, for such purpose in accordance with the general laws of the Sta . A description of the registration books and records which pertain to Referendum Special ' ection precincts wholly or partly within the City and which the City is adopting and desire•. to use for holding such Referendum Special Election is all voter information cards, regi- ration books, records and certificates pertaining to electors of the City and established and m ntained as official by the Supervisor of Elections of Miami -Dade County, Florida, in nformity 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 registration cards, books, records and certificates of the City. SUBSTITUTED Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applica The City Clerk is authorized and directed to publish notice of the adoption of this Resolutio► and of the provisions hereof, at least twice, once in the fifth week and once in the third week or to the week in which the aforesaid Referendum Special Election is to be held, in newspa• r(s) of general circulation in the City which notice shall be substantially in the following form NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R- A Referendum Special Election will be held on Tuesday, N. /ember 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at ' e polling places in the several Referendum Special Election precincts design. -d by the Supervisor of Elections of Miami -Dade County, Florida, as set forth erein, unless otherwise provided by law, and submitting to the qualified ele• ors of the City of Miami, Florida, the following question: "SHALL MIAMI'S CHARTER BE AMENDED ' THORIZING SALE AND/OR LEASE OF 5.4 ACRES ON WATSON ISLD BASED UPON FAIR MARKET VALUE TO ECORESILIENCY MIAMI LLOR RESIDENTIAL AND COMMERCIAL USES PURSUANT TO PPLICABLE ZONING, WAIVING BIDDING, AND REQUIRING: • RETU' ING 13 ACRES TO CITY TO CO •TRUCT NEW PUBLIC WATERFRONT PARK A O COST TO CITY; • ANCELLING EXISTING THEME PARK AND HOTEL LEASE; AND CONTRIBUTING $15,000,000 FOR AFFORDABLE HOUSING AND OTHER PUBLIC BENEFITS?" This Charter Ame ment will amend Section 29-C of the Miami Charter to authorize the Cit Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bi••ing and execute an agreement for the sale or lease of approximate , 5.4 acres of the property located at 1111 Parrot Jungle Trail for fair marke ialue to Ecoresiliency Miami LLC for residential and commercial uses, re • iring: cancellation of the existing lease, payments to City, and returning +13.3- res to the City for construction of a public waterfront park at no cost to the y. 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 compliance with the laws of the State with respect to vote -by -mail ballots and to the use of e mechanical voting machines or the Computer Election System, and shall be in substantially the following form: "Official Ballot" Referendum Special Election Tuesday, November 5, 2024 for Approval or Disapproval of the following question: SUBSTITUTED Charter Amendment: Partial Conveyance for Revised Development at 1111 Parrot Jungle Trail on Watson Island "Shall Miami's Charter be amended authorizing sale and/or lease of 5.4 acres on Watson Island based upon fair market value to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving bidding -n requiring: • Returning 13 acres to City to con uct new public waterfront park at no cos o City; • Cancelling existing theme par and hotel lease; and • Contributing $15,000,000 •r affordable housing and other pub!. benefits?" YES NO Section 7. The form of the ballot shall be in a► ordance with requirements of general election laws. Electors desiring to vote in approval ► the Question described above shall be instructed to vote their selection next to the word ' ES" within the ballot containing the statement relating to the Question. Electors de ing to vote to disapprove the Question shall be instructed to vote their selection next to the •rd "NO" within the ballot containing the statement relating to the Question. Section 8. The City Clerk shall ' -use to be prepared vote -by -mail ballots containing the Question set forth in Section 6 abov- or the use of vote -by -mail electors entitled to cast such ballots in said Referendum Specia lection. Section 9. All qualified Special Election and the Sup requested, authorized, an qualified electors residin Office of said Supervis election officials desi Election precincts. ectors of the City shall be permitted to vote in said Referendum visor of Elections of Miami -Dade County, Florida, is hereby irected to furnish, at the cost and expense of the City, a list of all n the City as shown by the registration books and records of the of Elections and duly certify the same for delivery to and for use by the ated to serve at the respective polling places in said Referendum Special Sectio 0. For the purpose of enabling persons to register who are qualified to vote in said Refere m Special Election on Tuesday, November 5, 2024, and who have not registered under the • ovisions of the general laws of the State and Chapter 16 of the Code of the City of Miami, F •rida, or who have transferred their legal residence from one voting precinct to another in the y, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami - Dad = ounty Elections Department located at 2700 Northwest 87th Avenue, Miami, Florida, wi n such period of time as may be designated by the Supervisor. In addition to the above ce and times, qualified persons may register at such branch offices and may also register to ote online for the purpose of voting in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. SUBSTITUTED Section 11. 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 related 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 not less than forty-five (45) days prior to the date of the Referendum Speci Election. Section 13. The City Manager is authorized2 and directed to negotiate th Agreement, in and in strict accordance with the terms of the ballot language approved by this ' esolution, and use good faith efforts to bring such Agreement for consideration and 4/5ths - •roval by the City Commission at the February 27, 2025 meeting of the City Commission, sue, -ct to approval by the electorate on November 5, 2024. Section 14. This Resolution shall become effective immediat- upon its adoption and signature of the Mayor.3 APPROVED AS TO FORM AND CORRECTNESS: e herein authorization is further subject to compliance with all legal requirements that may be posed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 3 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.