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Home My WebLink AboutR-26-0255City of Miami Resolution R-26-0255 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19189 Final Action Date: 6/11/2026 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 CITY LEASE APPROXIMATELY 27.62 ACRES ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR: 45-YEAR INITIAL TERM WITH TWO 15-YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT TO CITY OF $2,200,000 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,980,000 OVER THE INITIAL TERM PLUS 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000 PRIVATELY FUNDED INVESTMENT TO REDEVELOP EXISTING RICKENBACKER AND MARINE STADIUM MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; CALLING FOR AND PROVIDING THAT SUCH BALLOT QUESTION WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 3, 2026; 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 FOR MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY- FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the City of Miami ("City") owns the property located at approximately 3301, 3605, 3501, 3311, and 3511 Rickenbacker Causeway, Miami, Florida on Virginia Key ("Property"); and WHEREAS, the City issued Request for Proposals No. 16-17-011 ("RFP") on February 17, 2017, to solicit a plan to redesign, construct, renovate, redevelop, lease, manage, and operate a mixed -use waterfront facility, including but not limited to a marina, boatyard, dock master's office, store, dry storage, wet slip docks, and at least one (1) restaurant at the Property; and WHEREAS, three (3) proposals were received and deemed responsive in accordance with the RFP's terms and conditions; and WHEREAS, pursuant to the RFP, the City Manager convened a selection committee to review and evaluate the proposals ("Selection Committee"), which ultimately recommended Virginia Key, LLC ("Proposer") as the top -ranked proposer; and City of Miami Page 1 of 6 File ID: 19189 (Revision: A) Printed On: 6/30/2026 File ID: 19189 Enactment Number: R-26-0255 WHEREAS, the City Manager approved the recommendation of the Selection Committee on June 15, 2017; and WHEREAS, on June 27, 2017, the second ranked proposer filed a bid protest; and WHEREAS, on July 20, 2017, in accordance with Chapter 18 of the Code of the City of Miami, Florida, as amended ("City Code"), and the requirements of the RFP, a bid protest hearing was held before a Hearing Officer; and WHEREAS, on August 8, 2017, the Hearing Officer entered a final order denying the bid protest and affirming the City Manager's recommendation to award a contract to the Proposer as the highest ranked responsive, responsible proposer; and WHEREAS, on September 1, 2017, the second ranked proposer appealed the Hearing Officer's decision by filing a Petition for Writ of Certiorari to the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida ("Circuit Court"), styled Case No. 2017- 000335-AP-01; and WHEREAS, the Circuit Court heard oral arguments on the matter and rendered an opinion on September 11, 2018 denying the second ranked proposer's petition in Case No. 2017-000335-AP-01, thereby upholding the Hearing Officer's decision affirming the City Manager's recommendation to award a contract to the Proposer; and WHEREAS, on October 11, 2018, the second ranked proposer appealed the Circuit Court's decision by filing a Petition for Writ of Certiorari to the Third District Court of Appeal of Florida ("Third District Court of Appeal"), styled Case No. 3D18-2061; and WHEREAS, on February 13, 2019, the Third District Court of Appeal filed an opinion denying the second ranked proposer's petition in Case No. 3D18-2061, thereby upholding the Hearing Officer's decision affirming the City Manager's recommendation to award a contract to the Proposer; and WHEREAS, on November 16, 2020, the City Commission passed Resolution No. R-20- 0361, rejecting all proposals in connection with the RFP; and WHEREAS, thereafter, the Proposer filed a complaint against the City in the Circuit Court, styled Case No. 2021-022931-CA-01, and on February 10, 2023, the Circuit Court entered a final judgment in favor of Proposer, declaring that the City must award the RFP to the Proposer, pending approval by the public; and WHEREAS, on July 31, 2024, the Third District Court of Appeal filed an opinion affirming the Circuit Court's final judgment in Case No. 2021-022931-CA-01 pursuant to Case No. 3D23- 436; and WHEREAS, the City wishes to present the award of the RFP and lease agreement ("Lease"), approved by the City Commission pursuant to Resolution No. R-26-0254 adopted concurrently herewith, to the voters for approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 6 File ID: 19189 (Revision: A) Printed on: 6/30/2026 File ID: 19189 Enactment Number: R-26-0255 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-B 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 Miami -Dade County, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 3, 2026, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed award of the RFP and Lease as stated herein. Section 3. 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 "A" or as may be designated by the Supervisor of Elections for 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 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 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, 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, the City's website, or the Supervisor'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 Referendum Special Election is to be held, which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-26-0255 Notice is hereby given that a Referendum Special Election will be held on Tuesday, November 3, 2026 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 for 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 City lease approximately 27.62 acres on Virginia Key to Virginia Key, LLC for: • 45-year initial term with two 15-year renewals; City of Miami Page 3 of 6 File ID: 19189 (Revision: A) Printed on: 6/30/2026 File ID: 19189 Enactment Number: R-26-0255 • Minimum annual guaranteed rent to City of $2,200,000 (with escalations) totaling approximately $203,980,000 over the initial term plus 6% of gross revenues; • Approximately $80,000,000 privately funded investment to redevelop existing Rickenbacker and Marine Stadium marinas in an environmentally sensitive manner, including boat storage, restaurants, retail, and public parking?" If approved, this question authorizes the City to enter into a lease with Virginia Key, LLC for approximately 27.62 acres on Virginia Key, including the existing Rickenbacker and Marine Stadium marina properties, for an initial term of forty- five (45) years with two fifteen (15) year renewal options. The lease provides for minimum annual guaranteed rent to the City of $2,200,000, subject to escalations, totaling approximately $203,980,000 over the initial term, plus participation rent equal to 6% of gross revenues. The lease also requires Virginia Key, LLC, at its sole expense and at no cost to the City, to make approximately $80,000,000 in privately funded improvements to redevelop the existing marinas in an environmentally sensitive manner, including boat storage, restaurants, retail uses, and public parking. By order of the Commission of the City of Miami, Florida. Section 5. 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 3, 2026 for Approval or Disapproval of the following question: Proposed Lease and Redevelopment of existing Rickenbacker and Marine Stadium Marinas on Virginia Key Shall City lease approximately 27.62 acres on Virginia Key to Virginia Key, LLC for: • 45-year initial term with two 15-year renewals; • Minimum annual guaranteed rent to City of $2,200,000 (with escalations) totaling approximately $203,980,000 over the initial term plus 6% of gross revenues; • Approximately $80,000,000 privately funded investment to redevelop existing Rickenbacker and Marine Stadium marinas in an environmentally sensitive manner, including boat storage, restaurants, retail, and public parking? YES City of Miami Page 4 of 6 File ID: 19189 (Revision: A) Printed on: 6/30/2026 File ID: 19189 Enactment Number: R-26-0255 NO Section 6. The form of the ballot shall be in accordance with the 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 7. 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 8. All qualified electors of the City shall be permitted to vote in said Referendum 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 Referendum Special Election precincts. Section 9. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, November 3, 2026, 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 Office of the Supervisor of Elections for Miami -Dade County 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 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 Referendum Special Election. Section 11. 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 12. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. 1 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 5 of 6 File ID: 19189 (Revision: A) Printed on: 6/30/2026 File ID: 19189 Enactment Number: R-26-0255 APPROVED AS TO FORM AND CORRECTNESS: g Wy j ng III, C y ttor y 6/29/2026 City of Miami Page 6 of 6 File ID: 19189 (Revision: A) Printed on: 6/30/2026