Loading...
HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18121 Resolution Sponsored by: Mayor Francis Suarez, Commissioner Damian Pardo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE FOR THEIR APPROVAL OR DISAPPROVAL THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY ENTER INTO A MANAGEMENT AGREEMENT WITH GLOBAL SPECTRUM L.P. TO ACTIVATE AND MANAGE EVENTS AT THE RESTORED MIAMI MARINE STADIUM AND FLEX PARK, 3501 RICKENBACKER CAUSEWAY, MIAMI, FL 33149, AS FOLLOWS: CITY RECEIVES 93% OF GROSS SALES OF ALL EVENTS AFTER DEDUCTING A $33,333 MONTHLY MANAGEMENT FEE, CITY RECEIVES 85% OF SPONSORSHIP REVENUES, 40 YEAR TERM, GLOBAL SPECTRUM TO PAY THE CITY UP TO $10,000,000 TOWARDS THE RESTORATION OF HISTORIC MARINE STADIUM?"; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THE BALLOT QUESTION WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2025; 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, NO FEWER THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18121 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE FOR THEIR APPROVAL OR DISAPPROVAL THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY ENTER INTO A MANAGEMENT AGREEMENT WITH GLOBAL SPECTRUM L.P. TO ACTIVATE AND MANAGE EVENTS AT THE RESTORED MIAMI MARINE STADIUM AND FLEX PARK, 3501 RICKENBACKER CAUSEWAY, MIAMI, FL 33149, AS FOLLOWS: CITY RECEIVES 93% OF GROSS SALES OF ALL EVENTS AFTER DEDUCTING A $33,333 MONTHLY MANAGEMENT FEE, CITY RECEIVES 85% OF SPONSORSHIP REVENUES, 40 YEAR TERM, GLOBAL SPECTRUM TO PAY THE CITY UP TO $10,000,000 TOWARDS THE RESTORATION OF HISTORIC MARINE STADIUM?"; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THE BALLOT QUESTION WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2025; 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, NO FEWER THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the City of Miami ("City") owns the real property located at 3501 Rickenbacker Causeway, Miami, Florida 33149, commonly known as Miami Marine Stadium and Flex Park (the "Property"); and WHEREAS, the City Commission is considering approval of a management agreement with Global Spectrum, L.P. ("Global Spectrum") for operation of the Property, with a proposed ten-year initial term and up to three additional ten-year renewals, a $10,000,000.00 capital contribution by Global Spectrum, and a compensation structure consisting of a $400,000.00 annual base fee plus incentive fees of 7% of gross event revenues and food and beverage sales, and 15% of sponsorship and premium seating revenue, with all other revenues due to the City as further described in Phase 2 of Exhibit "B," attached and incorporated; and WHEREAS, Section 3(f)(iii) of the Charter of the City of Miami, Florida, as amended ("City Charter"), permits the City to contract for the management of City -owned waterfront property only if specified conditions are met, including that the contract does not exceed five (5) years and contains no automatic renewal or termination penalty; and WHEREAS, under Section 3(f)(iii), any lease or management agreement, or any extension or modification of such agreement, that does not meet each of those conditions is invalid unless first approved by a majority of City voters; and WHEREAS, because the contemplated management agreement provides for a term exceeding five (5) years, it does not satisfy all conditions in Section 3(f)(iii) and therefore requires voter approval prior to becoming valid and effective; and WHEREAS, Section 6 of the Charter authorizes the City Commission to submit measures to the electorate for approval or disapproval at a referendum; and WHEREAS, the City Commission finds it in the public interest to submit to the qualified electors of the City the question of whether the City should enter into the proposed management agreement for Miami Marine Stadium and Flex Park on the material terms stated above; and WHEREAS, pursuant to Sections 3(f)(iii) and 6 of the City Charter, the City Commission submits this question to seek the voter approval required to validate the proposed management agreement for Miami Marine Stadium and Flex Park, because the agreement does not meet each condition applicable to management of City -owned waterfront property; and WHEREAS, upon voter approval, the City Commission may authorize the City Manager to finalize and execute the management agreement in a form acceptable to the City Attorney, consistent with the material terms presented to the electorate; and WHEREAS, the City intends to develop and implement a financing plan to reconstruct the Miami Marine Stadium, which could include, but is not limited to, bank loans, general fund contributions, or issuance of general and/or special obligation debt instruments; and WHEREAS, the City intends to have Global Spectrum manage and operate Miami Marine Stadium and Flex Park under a management agreement contemplated herein, without any commitment to maintain the agreement for the full potential term or to exercise any renewal option, and, if Global Spectrum's operational experience indicates that additional activation would enhance public use and increase revenues to the City, the City may during the term consider modifying or replacing the arrangement, including by entering into a separate agreement, which may include a lease, to provide further capital improvements, subject to applicable provisions of the City Charter, all other applicable law, and, if required, approval by the electors at a separate referendum; and WHEREAS, approval of this ballot question does not constitute approval of any future lease or capital improvement program for the site, and any such proposal shall be presented to the City Commission for consideration in accordance with applicable law and, if required by applicable provisions of the City Charter, submitted to the electors at a separate referendum; 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 Section 3(f)(iii) and 6 of the City Charter, a Referendum Special Election is being called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 4, 2025, including for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval of the ballot question provided below ("Question"): "Shall the City enter into a management agreement with Global Spectrum L.P. to activate and manage events at the Restored Miami Marine Stadium and Flex Park, 3501 Rickenbacker Causeway, Miami, FL 33149, as follows: • City receives 93% of gross sales of all events after deducting a $33,333 monthly management fee • City receives 85% of sponsorship revenues • 40 year term • Global Spectrum to pay the City up to $10,000,000 towards the restoration of Historic Marine Stadium?" Section 3. The 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 "A" or as may be designated by the Miami -Dade County Office of the Supervisor of Elections ("Supervisor"), in conformity with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Special Election date shall be those designated by the Supervisor for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Special Election is all voter information cards, registration books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor in conformity with the provisions of the general laws of the State, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City. Section 4. In compliance with Section 100.342, Florida Statutes (2024), regarding any Special Election not otherwise provided for there shall be at least thirty (30) days' notice of the Special Election by publication in a newspaper of general circulation in the City or publication on Miami -Dade County's website as provided in Section 50.0311, Florida Statutes, or the City's website. 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 Special Election is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: "NOTICE OF SPECIAL ELECTION TO AUTHORIZE A MANAGEMENT AGREEMENT TO BE HELD ON TUESDAY, NOVEMBER 4, 2025 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-25- Notice is hereby given that a Special Election will be held on Tuesday, November 4, 2025, from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Special Election precincts designated by the Miami -Dade County Office of the Supervisor of Elections, 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 the City enter into a management agreement with Global Spectrum L.P. to activate and manage events at the Restored Miami Marine Stadium and Flex Park, 3501 Rickenbacker Causeway, Miami, FL 33149, as follows: • City receives 93% of gross sales of all events after deducting a $33,333 monthly management fee • City receives 85% of sponsorship revenues • 40 year term • Global Spectrum to pay the City up to $10,000,000 towards the restoration of Historic Marine Stadium?" This Ballot Question asks the electorate to approve a proposed management agreement between the City of Miami and Global Spectrum, L.P. ("Global Spectrum") for operation of the Miami Marine Stadium and Flex Park properties, 3501 Rickenbacker Causeway, with a proposed ten-year initial term and up to three additional ten-year renewals, a $10,000,000.00 capital contribution by Global Spectrum towards the restoration of the Historic Marine Stadium, and a compensation structure consisting of a $33,333 monthly management fee plus incentive fees of 7% of gross event revenues and food and beverage sales, and 15% of sponsorship and premium seating revenue to Global Spectrum, with all other revenues due to the City. By order of the Commission of the City of Miami, Florida. Section 5. The official ballot to be used at said Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form: Official Ballot Referendum Special Election Miami, Florida Tuesday, November 4, 2025 Approve Management Agreement with Global Spectrum for Restored Miami Marine Stadium and Flex Park Shall the City enter into a management agreement with Global Spectrum L.P. to activate and manage events at the Restored Miami Marine Stadium and Flex Park, 3501 Rickenbacker Causeway, Miami, FL 33149, as follows: • City receives 93% of gross sales of all events after deducting a $33,333 monthly management fee City receives 85% of sponsorship revenues 40 year term • Global Spectrum to pay the City up to $10,000,000 towards the restoration of Historic Marine Stadium? YES NO Section 6. The form of the ballot shall be in accordance with requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot containing the statement relating to the Question. Once individuals are satisfied with their choice, they shall press the "Vote" button and the ballot shall be cast. Section 7. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 5 above for the use of vote -by -mail electors entitled to cast such ballots in said Special Election. Section 8. All qualified electors of the City shall be permitted to vote in said Special Election and the Supervisor is hereby requested, authorized, and directed to furnish, at the cost and expense of the City, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of said Supervisor and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said special election precincts. Section 9. For the purpose of enabling persons to register who are qualified to vote in said Special Election on Tuesday, November 4, 2025, 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 Special Election on such times and on such dates as may be designated by the Supervisor. Section 10. 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 Special Election. Section 11. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor no fewer than forty-five (45) days prior to the date of the Special Election. Section 12. Subject to approval by the majority of the electorate, the City Manager is hereby authorized' to negotiate and execute a management agreement, in a form acceptable to the City Attorney, with Global Spectrum in accordance with the terms and conditions provided herein. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 1 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. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. APPROVED AS TO FORM AND CORRECTNESS: