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HomeMy WebLinkAboutScrivener's Error Memo(CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: George K. Wysong III, City Attorney s/G'x. wyaongzrz DATE: January 9, 2025 RE: Resolution No. R-24-0282 — Ballot Question — Parrot Jungle Trail File No. 16360 At its July 25, 2024 meeting, the City Commission adopted the above referenced agenda item, RE.12, approving, setting forth, and submitting to the electorate a proposed amendment to the Charter of the City of Miami, Florida, as amended ("Charter"), 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") 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 of other public benefits; calling for and providing that the Charter amendment will be submitted to the electorate at the referendum special election to be held concurrently with the general election scheduled for 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, on or before the February 27, 2025 regular City Commission meeting, 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. The item inadvertently published with a typographical error in Section 3 of the Legislation. The Legislation has been corrected and incremented to Revision B. GKW/JB/vja Enclosure(s) I Lp 3(00 91-11-g1(- a2/14i0 City of Miami Resolution R-24-0282 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16360 Final Action Date: 7/25/2024 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"); 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") 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 OF OTHER PUBLIC BENEFITS; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR 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, ON OR BEFORE THE FEBRUARY 27, 2025 REGULAR CITY COMMISSION MEETING,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 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 City of Miami Page 1 of 7 File ID: 16360 (Revision: B) Printed On: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 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 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 Section 3. Section 29-C of the Charter is proposed to be amended in the following particulars:1 "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; The city commission, by a 4/s`hs affirmative vote, may authorize issuance of a license'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: 1771 ( ) 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 value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving competitive bidding and requiring cancellation of the existing theme park and hotel lease, reverting approximately thirteen (13) acres to the City to construct a new public waterfront park at no cost to the 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 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 7 File ID: 16360 (Revision: 6) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 referred to as Exhibit "B" or as may be designated by the Supervisor of Elections of Miami -Dade 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-24-0282 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 tlt (71 City of Miami Page 4 of 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 approximately 5.4 acres of the property located at 1111 Parrot Jungle Trail ferbased 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 hotel 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 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 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 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, and the Board of Trustees of the Internal Improvement Fund of the State of Florida. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.3 2 The herein authorization is further subject to compliance with all legal requirements that may be 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 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 APPROVED AS TO FORM AND CORRECTNESS: rge Wyy ng III, C y-ttor 7/25/2024 e • rge Wy j ng III, C ty - ttor -y 1/9/2025 City of Miami Page 7 of 7 File ID: 16360 (Revision: B) Printed on: 1/9/2025 City of Miami Resolution R-24-0282 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16360 Final Action Date: 7/25/2024 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"); 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") 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 OF OTHER PUBLIC BENEFITS; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR 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, ON OR BEFORE THE FEBRUARY 27, 2025 REGULAR CITY COMMISSION MEETING,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 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 City of Miami Page 1 of 7 File ID: 16360 (Revision: A) Printed On: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 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 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 Section 3. Section 29-C of the Charter is proposed to be amended in the following particulars:1 "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: .. The city commission, by a 4/5t"S affirmative vote, may authorize issuance of a Ijeense.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 value of $135,000,000 to Ecoresiliency Miami LLC for residential and commercial uses pursuant to applicable zoning, waiving competitive bidding and requiring cancellation of the existing theme park and hotel lease, reverting approximately thirteen (13) acres to the City to construct a new public waterfront park at not cost to the 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 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 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 referred to as Exhibit "B" or as may be designated by the Supervisor of Elections of Miami -Dade 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-24-0282 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 City of Miami Page 4 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 approximately 5.4 acres of the property located at 1111 Parrot Jungle Trail ferbased 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 hotel 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 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 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 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 respectivepolling 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, and the Board of Trustees of the Internal Improvement Fund of the State of Florida. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.3 2 The herein authorization is further subject to compliance with all legal requirements that may be 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 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 File ID: 16360 Enactment Number: R-24-0282 APPROVED AS TO FORM AND CORRECTNESS: rge Wy i ng III, C ty - ttor - y 7/25/2024 City of Miami Page 7 of 7 File ID: 16360 (Revision: A) Printed on: 1/9/2025 City of Miami Legislation Resolution 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 FAIR MARKET VALUE 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, AND PROVISION OF 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 ELECTORATE ON NOVEMBER 5, 2024; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 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 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. Section 3. Section 29-C of the Charter is proposed to be amended in the foltovvin particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA gym:: 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. 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. The city commission, by a 4/st s affirmative vote, may authorize issuance of a license 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 or any other provision in the Charter or Code of the City of Miami to the contrary, the city commission, by a 4/sths affirmative vote, may: (a) 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 on fair market value to Ecoresiliency Miami LLC for residential and commercial uses, requiring cancellation of the existing lease, payments to city, and development of a new +13.3-acre public waterfront park on the remainder of property at no cost to the city." 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 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 'a) 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 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 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 for fair market value to Ecoresiliency Miami LLC for residential and commercial uses, requiring: cancellation of the existing lease, payments to City, 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 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 and other public benefits?" YES NO Section 7. The form of the ballot shall be in accordance with requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot containing the statement relating to the Question. Section 8. 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. 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 Tess 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.3 APPROVED AS TO FORM AND CORRECTNESS: 2 The herein authorization is further subject to compliance with all legal requirements that may be 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.