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HomeMy WebLinkAboutLegislation-SUBFile Number: 2585 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hail 3500 Pan American Drive Miami, FL 33133 www miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),. APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION ("COMMISSION") BY A FOUR-FIFTHS (4l5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A FIFTH AMENDMENT ("FIFTH AMENDMENT') TO THE LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALIGNED BAYSHORE MARINA, LLC, ALSO KNOWN AS MONTY'S ("BAYSHORE MARINA"), FOR CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2550 SOUTH BAYSHORF DRIVE, MIAMI, FLORIDA ("PROPERTY"), TO EXTEND THE CURRENT LEASE TERM BY AN ADDITIONAL TERM OF APPROXIMATELY THIRTY-TWO (32) YEARS (TO EXPIRE MAY 31, 2067), WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIONS TO RENEW, FOR A TOTAL TERM OF FIFTY TWO (52) YEARS (TO EXPIRE MAY 31, 2087); AN ADDITIONAL MINIMUM RENT PAYMENT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER LEASE YEAR (A MINIMUM OF TEN MILLION DOLLARS [$10,000,000.001 OVER THE BASE TERM OF THE AMENDED LEASE), OR ONE AND THREE QUARTERS PERCENT (1.75%) OF GROSS RENT RECEIPTS DERIVED FROM THE PROPERTY, WHICHEVER IS GREATER, AS ADDITIONAL RENT DUE TO THE CITY, AND COMMENCING JANUARY 1, 2419, MINIMUM ANNUAL TOTAL RENT (INCLUSIVE OF THE ADDITIONAL MINIMUM RENT) SHALL BE ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), PLUS AN ADDITIONAL TWENTY FIVE THOUSAND DOLLARS ($25,000) TO BE PAID ON AN ANNUAL BASIS FOR THE FULL AMENDED TERM TO A SPECIAL FUND TO BE ESTABLISHED BY THE CITY FOR THE BENEFIT OF LOW INCOME HOUSING RENOVATION; AND SIGNIFICANT CAPITAL IMPROVEMENTS TO THE PROPERTY OF A MINIMUM OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) TO BE SPENT WITHIN THREE (3) YEARS OF APPROVAL OF THE FIFTH AMENDMENT BY THE ELECTORATE; THE CREATION OF A CAPITAL ACCOUNT REQUIRING A MINIMUM ADDITIONAL INVESTMENT TO THE PROPERTY OF FOUR MILLION DOLLARS ($4,000,004.00) OVER THE FULL AMENDED LEASE TERM, INCLUDING RENEWAL OPTIONS; IMPLEMENTATION OF A TRANSFER FEE IF THE PROPERTY IS TRANSFERRED OR ASSIGNED; A REFINANCING FEE, SHOULD THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING; AND PURSUANT TO THE CHARTER SECTION 29-B ENTITLED .`CITY OWNED PROPERTY SALE OR LEASE -GENERALLY,,' AND SUBPART A, SECTION 3(F)(III), ENTITLED "POWERS," TWO (2) INDEPENDENT APPRAISALS HAVING BEEN OBTAINED BY THE CITY AFFIRMING FAIR MARKET VALUE OF THE FIFTH AMENDMENT; FURTHER PROVIDING FOR City or Miami Page 9 of 8 File ID: 2585 (Revision: A} Printed On: 712412017 2585 -Legislation -SUB City of Miami s. Legislation Resoiutlon File Number: 2585 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hail 3500 Pan American Drive Miami, FL 33133 www miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),. APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSION ("COMMISSION") BY A FOUR-FIFTHS (4l5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A FIFTH AMENDMENT ("FIFTH AMENDMENT') TO THE LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALIGNED BAYSHORE MARINA, LLC, ALSO KNOWN AS MONTY'S ("BAYSHORE MARINA"), FOR CITY -OWNED WATERFRONT PROPERTY LOCATED AT 2550 SOUTH BAYSHORF DRIVE, MIAMI, FLORIDA ("PROPERTY"), TO EXTEND THE CURRENT LEASE TERM BY AN ADDITIONAL TERM OF APPROXIMATELY THIRTY-TWO (32) YEARS (TO EXPIRE MAY 31, 2067), WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIONS TO RENEW, FOR A TOTAL TERM OF FIFTY TWO (52) YEARS (TO EXPIRE MAY 31, 2087); AN ADDITIONAL MINIMUM RENT PAYMENT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PER LEASE YEAR (A MINIMUM OF TEN MILLION DOLLARS [$10,000,000.001 OVER THE BASE TERM OF THE AMENDED LEASE), OR ONE AND THREE QUARTERS PERCENT (1.75%) OF GROSS RENT RECEIPTS DERIVED FROM THE PROPERTY, WHICHEVER IS GREATER, AS ADDITIONAL RENT DUE TO THE CITY, AND COMMENCING JANUARY 1, 2419, MINIMUM ANNUAL TOTAL RENT (INCLUSIVE OF THE ADDITIONAL MINIMUM RENT) SHALL BE ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), PLUS AN ADDITIONAL TWENTY FIVE THOUSAND DOLLARS ($25,000) TO BE PAID ON AN ANNUAL BASIS FOR THE FULL AMENDED TERM TO A SPECIAL FUND TO BE ESTABLISHED BY THE CITY FOR THE BENEFIT OF LOW INCOME HOUSING RENOVATION; AND SIGNIFICANT CAPITAL IMPROVEMENTS TO THE PROPERTY OF A MINIMUM OF SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000.00) TO BE SPENT WITHIN THREE (3) YEARS OF APPROVAL OF THE FIFTH AMENDMENT BY THE ELECTORATE; THE CREATION OF A CAPITAL ACCOUNT REQUIRING A MINIMUM ADDITIONAL INVESTMENT TO THE PROPERTY OF FOUR MILLION DOLLARS ($4,000,004.00) OVER THE FULL AMENDED LEASE TERM, INCLUDING RENEWAL OPTIONS; IMPLEMENTATION OF A TRANSFER FEE IF THE PROPERTY IS TRANSFERRED OR ASSIGNED; A REFINANCING FEE, SHOULD THE PROPERTY BE REFINANCED AFTER THE INITIAL REFINANCING; AND PURSUANT TO THE CHARTER SECTION 29-B ENTITLED .`CITY OWNED PROPERTY SALE OR LEASE -GENERALLY,,' AND SUBPART A, SECTION 3(F)(III), ENTITLED "POWERS," TWO (2) INDEPENDENT APPRAISALS HAVING BEEN OBTAINED BY THE CITY AFFIRMING FAIR MARKET VALUE OF THE FIFTH AMENDMENT; FURTHER PROVIDING FOR City or Miami Page 9 of 8 File ID: 2585 (Revision: A} Printed On: 712412017 2585 -Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 2585 Enactment Number: CONSENT TO THE RELATED SUBMERGED LANDS LEASE AND WAIVER OF DEED RESTRICTIONS REQUIRED FROM THE STATE OF FLORIDA; WITH OTHER RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THE CHARTER AMENDMENT SHALL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2017; DESIGNATING AND APPOINTING THE CITY CLERK ("CLERK") AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE 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 REFERENDUM SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the City of Miami ("City") is the owner of the waterfront property located at 2550 South Bayshore Drive, Miami, Florida ("Property"); and WHEREAS, per the Lease Agreement originally dated September 20, 1985, as supplemented and amended ("Lease"), Aligned Bayshore Marina LLC ("Bayshore Marina"), currently leases the Property, also known as Monty's, from the City; and WHEREAS, the City and Bayshore Marina desire to eater into a Fifth Amendment to the Lease, which will extend the current lease term by an additional term of approximately thirty-two (32) years (to expire May 31, 2067), with two (2) ten (10) year options to renew for a total term of fifty-two (52) years (to expire May 31, 2087); increase minimum rent payment by an additional two hundred thousand dollars ($200,000.00) per lease year, for a minimum of ten million dollars ($10,000,040.00) over the extended base term of 50 years, or one and three quarters percent (1.75%) of gross rent receipts from the Property, whichever is greater; provide capital improvements to the Property of a minimum of seven million five hundred thousand dollars ($7,500,000.00) to be spent within three (3) years of the electorate's approval of the Fifth Amendment; create a capital account requiring a minimum additional investment on the Property of four million dollars ($4,000,000x00) over the amended total term, inclusive of the renewal options; implement a Transfer Fee if the Property is transferred or assigned; and further implement a Refinancing Fee should the Property be refinanced after the initial refinancing; and WHEREAS, pursuant to the Charter of the City ("Charters') Section 29-B entitled "City Owned Property Sale or Lease -Generally", and Subpart A, Section 3(0(iii), entitled "Powers", the City has received two (2) independent appraisals affirming the fair market value of the Fifth Amendment; WHEREAS, the Fifth Amendment to the Lease with Bayshore Marina will require the City's consent to the related submerged lands lease and waiver of deed restrictions required from the State of Florida, with other restrictions, reversions, and retention by the City of all other rights; and WHEREAS, the City Commission has determined that the Fifth Amendment to the Lease will be in the City's best interest; and City of Miami Page 2 of 8 Fite IA: 2585 (Revision. A) Prinfed on, 7/24/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File 1i7: 2585 Enactment Number: WHEREAS, pursuant to Resolution No. R-17-0322, adopted on July 13, 2017, the City Attorney was directed to draft the ballot language contained herein; 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 29-6 of the Charter of the City of Miami, as amended ("Charter"), and §6.03 of the Miami -Dade County Home Rule Charter, a Referendum Special Election to be held concurrently with the General Municipal Election is being called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 7, 2017, including for the purpose of submitting to the qualified electors of the City for their approval or disapproval the proposed Charter Amendment for the Fifth Amendment to the Lease. Section 3. Section 29-B 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. 29-8. City -owned property sale or lease -Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property owned by the city unless there is a return to the city of fair market value under such proposed sale or lease. The city commission is also prohibited from favorably considering any sale or lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to be no less than one-fourth (%) page and the headline in the advertisement to be in a type no smaller than 18 -point and, (b) except. as provided below, there shall have been at least three (3) written proposals received from prospective purchasers or lessees; however, if there are less than three (3) such proposals received and if the guaranteed return under the proposal whose acceptance is being considered is equal to fair market value the city commission determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated. In the case of city - owned property which is not waterfront, when the value of such property to be sold or leased (individual leaseholds within a single city -owned ' 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 ornitted and unchanged material. City of Miami Page 3 of 8 File ID: 2585 {Revision.- A) Printed on: 712412017 File IO: 2585 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number property shall not be considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal performed by a state -certified appraiser, the city commission, by a 415111 affirmative vote, may sell or lease said city -owned property after compliance with the advertisement requirements set forth above but without the necessity of a referendum. The above provisions and any other city requirements for competitive bidding shall not apply when; (a) conveying property to implement housing programs or projects which are intended to benefit persons or households with low and/or moderate income, the criteria of which to be provided for by federal and/or state law or by the city commission, (b) conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1959, as amended; (c) conveying property to implement projects of any governmental agency or instrumentality; (d) disposing of property acquired as a result of foreclosure; (e) disposing of property acquired in connection with delinquent taxes which properties were conveyed to the city by the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended; and (f} disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject non - waterfront property is non -buildable. Notwithstanding anything herein to the contrary, the city commission, by a 415ths affirmative vote, may: (a) grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements. The extended term shall not exceed twenty-five percent of the original term or ten years, whichever is less, The granting of such an extension is subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in default of its lease with the city nor in arrearage of any monies due the city; and (b) amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant Corp,, d1bla Rusty Pelican, dated February 13, 1970, as amended, to (i) extend the lease for an additional term of fifteen (15) years, with the option to renew for two (2) additional five (5) year periods, (ii) increase the amount of the minimum guarantee to the City to at beast $360,000 per lease year effective upon execution of the lease amendment, and (iii) require Rusty Pelican to complete capital improvements to the property, including a public baywalk, in the amount of not less than $3 Million, City of Miami Page 4 of 8 File 10: 2585 (Revision: A) Prinfed on- 7�2412017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Fila It]: 25$5 i=naetment Number: within twenty-four (24) months of the effective date of the lease amendment; and (c) waive competitive bidding and execute a lease with Dade Heritage Trust, Inc. for the City -owned building located at 190 Southeast 12th Terrace, for a terra of thirty (30) years, with two (2) thirty (30) year renewals, for minimum annual rent of $600.00 with Consumer Price Index adjustments, with restrictions, reversions, and retention by the City of all other rights.-, and d waive competitive bidding and execute a Fifth Amendment to the Lease Agreement with Aligned Ba shore Marina LLC also known as Mont 's. to extend the current lease term by an additional term of aoProximately thirty- two 32 ears to ex p ire Ma y 31 2067 with two (21 ten 10 ear o ptions to renew for a total term off -two 52 ears to expire May 31 2087. which will increase minimum rent payment by an additional two hundred thousand dollars 200 000.00per lease ear for a minimum of ten million dollars 10 000 000.00 over the extended base terra of f' 50 ears. or one and three guarters vercent 1.75%m of gross rent receipts from the Property. whichever is greater, additional rent due the Cites further providing capital improvements to the Prooerty of a minimum of seven million five hundred thousand dollars ($7,500,000.00) to be spent within three 3 ears of the electorate's approval of the Fifth Amendment to the Lease Agreement: further creating a capital account requiring a minimum additional investment to the Property of four million dollars ($4,000,000.00) over the amended total term inclusive of the renewal options: implementing a Transfer Fee if the Property is transferred or assigned: and further implementing a Refinancing Fee should the Pro e rty be refinanced after the initial ref inancin ursuant to the Charter of the Cit '"Charter" Section 29-B entitled "City Owned Property Sale or Lease -Generally", and Subpart A Section 3(f)(iii) entitled "Powers", the City has received two 2 independent appraisals affirming the fair market value of the Fifth Amendment: further acknowledging the City's consent to the related submer ed lands lease and waiver of deed restrictions required from the State of Florida, with other restrictions reversions and retention by the City of all other rights. Notwithstanding anything in this Charter to the contrary, the City may enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value." Section 4. The Referendum Special Election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami - Dade County, Florida, 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 palling 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 registration cards, books, records and City of Miami Page 5 of 8 File ID 2585 (Revision: A) Printed on: 712417017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 2588 Enactment Number: certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections of Miami -Daae County, Fforida, 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 (2016), regarding any Referendum Special Election not otherwise provided for there shall be at least thirty (30) days' notice of the Referendum Special Election by publication in a newspaper of general circulation in the City. The City Clerk is authorized and directed to publish notice of the adoption of this Resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the 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 ON TUESDAY, NOVEMBER 7, 2017 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Referendum Special Election will be held on Tuesday, November 7, 2417 from 7:00 A.M. until 7.00 R.M. in the City of Miami, Florida, at the polling places in the several Referendum Special Election precincts designated by the Board of County Commissioners 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 the City's Charter be amended to extend Aligned Bayshore Marina, LLC (Monty's) Lease, for an additional 52 years, waiving competitive bidding by 415ths affirmative vote; Monty's to pay City $10,000,000.00 more of additional rent, or 1.75% more of gross revenue, whichever is greater over base term, but no less than $1,500,000,00 of total annual rent; plus $7,500,000.00 of improvements including new marina addressing sea level rise and additionally, $4,000,000.00 of improvements over total term?" This Charter Amendment will amend Section 29-B of the Miami Charter to authorize the City Commission by a four-fifths (415ths) affirmative vote, waive competitive bidding and execute the Fifth Amendment to the Lease with Aligned Bayshore Marina, LLC, also known as Monty's, for an additional total term of 52 years, for City waterfront property at 2550 South Bayshore Drive, for the greater of additional minimum total rent of $10,000,000.00 or one and three quarters percent (1.75%) of gross property rent over the initial 32 year term; $7,500,000.00 of capital improvements; a minimum $4,000,000.00 capital account over the total term, and transfer and refinancing fees. By order of the Commission of the City of Miami, Florida City Clerk City of Miami Page 6 of 6 File ID: 2585 (Revision: A) Printed on: 7/24/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File 10: 2585 Enactment Number, A list of City of Miami palling places follows: {insert list of City of Miami Polling Places.) FOR AMENDMENT AGAINST AMENDMENT 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 absentee ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form, to wit: "Official Ballot" Referendum Special Election Tuesday, November 7, 2017 for Approval or Disapproval of the following question: Proposed Charter Amendment allowing Aligned Bayshore (Monty's) a Lease extension providing additional rent and investments. "Shall the City's Charter be amended to extend Aligned Bayshore Marina, LLC (Monty's) Lease, for an additional 52 years, waiving competitive bidding by 4/5ths affirmative vote, Monty's to pay City $10,040,000,00 more of additional rent, or 1.75% more of gross revenue, whichever is greater over base term, but no less than $1,500,000.00 of total annual rent; plus $7,500,000,04 of improvements including new marina addressing sea level rise and additionally, $4,000,000.00 of improvements over total term?" FOR AMENDME=NT AGAINST AMENDMENT 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 ward "FOR AMENDMENT" 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 "AGAINST AMENDMENT" 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. City of Miami Page 7 of 8 File ID. 2585 (Revision: A) Printed on: 712412017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File fi]: 2585 Enactment Number Section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said Referendum Special Election, Section 9. All qualified electors of said City shall be permitted to vote in said Referendum Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is hereby requested, authored, and directed to fumish, 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 general election precincts. Section 10. For the purpose of enabling persons to register who are qualied to vote in said Referendum Special Election to be held concurrently with the General Municipal Election on Tuesday, November 7, 2017, 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 R.M. at the Miami -Dade County Elections Department located at 2700 Northwest 87" Avenue, Doral; Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. Todd B_ Hannon, the City Cleric 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 of Elections of Miami -Dade County, Florida, 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 of Elections of Miami -Dade County, Florida, not less than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 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 8 of 8 Fife ID; 2585 (Revision: A) Printed on: 7/24/2017 SUBSTITUTED City of Miami * ieeerr�eca r;a * -: Legislation 0 R k - Resolution File Number: 2585 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMEN S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTOR E A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER 0 THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDIN SECTION 29-B OF THE CHARTER, ENTITLED "CITY -OWNED PROPERTY LE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY COMMISSIO ("COMMISSION") BY A FOUR-FIFTHS (4/5THS) AFFIRMATIV OTE, TO WAIVE COMPETITIVE BIDDING AND TO EXECUTE A FIFT AMENDMENT ("FIFTH AMENDMENT") TO THE LEASE AGREEMENT ("L SE") BETWEEN THE CITY OF MIAMI ("CITY") AND ALIGNED BAYSHOR ARINA, LLC, ALSO KNOWN AS MONTY'S ("BAYSHORE MARINA"), FOR Y -OWNED WATERFRONT PROPERTY LOCATED AT 2550 SO H BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY") TO EXTEND THE URRENT LEASE TERM BY AN ADDITIONAL TERM OF APPROXIMATELY T RTY-TWO (32) YEARS, WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIO TO RENEW, FOR A POSSIBLE TOTAL TERM OF FIFTY TWO (52) YEARS; ADDITIONAL MINIMUM RENT PAYMENT OF TWO HUNDRED THOUSAN DOLLARS ($200,000.00) PER LEASE YEAR (A MINIMUM OFTEN MILL N DOLLARS [$10,000,000.00] OVER THE BASE TERM OF THE AMENDED ASE EXCLUDING RENEWAL OPTIONS), OR ONE AND THREE Q RTERS PERCENT (1.75%) OF GROSS RENT RECEIPTS DERIVED FROM E PROPERTY, WHICHEVER IS GREATER, AS ADDITIONAL RE DUE TO THE CITY INCLUSIVE OF SIGNIFICANT CAPITAL IMPRO MENTS TO THE PROPERTY OFA MINIMUM OF SEVEN MILLION FIVE HU DRIED THOUSAND DOLLARS ($7,500,000.00) TO BE SPENT WITHIN TH E (3) YEARS OF APPROVAL OF THE FIFTH AMENDMENT BY THE E CTORATE; THE CREATION OF A CAPITAL ACCOUNT REQUIRING MINIMUM ADDITIONAL INVESTMENT TO THE PROPERTY OF FOU ILLION DOLLARS ($4,000,000.00) OVER THE FULL AMENDED LEASE RM, INCLUDING RENEWAL OPTIONS; IMPLEMENTATIO OF A TRANSFER FEE IF THE PROPERTY IS TRANSFERRED R ASSIGNED; A REFINANCING FEE, SHOULD THE PROPERTY B REFINANCED AFTER THE INITIAL REFINANCING; AND PURSUANT 0 THE CHARTER SECTION 29-B ENTITLED "CITY OWNED PROPERT SALE OR LEASE -GENERALLY," AND SUBPART A, SECTION 3(F)(III), NTITLED "POWERS," TWO (2) INDEPENDENT APPRAISALS OBTAI ED BY THE CITY AFFIRMING FAIR MARKET VALUE OF THE FIFTH AM DMENT; FURTHER PROVIDING FOR CONSENT TO THE RELATED S MERGED LANDS LEASE AND WAIVER OF DEED RESTRICTIONS QUIRED FROM THE STATE OF FLORIDA; WITH OTHER RESTRICTIONS, EVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS; CALLING FOR A REFERENDUM SPECIAL ELECTION AND PROVIDING THAT THE CHARTER AMENDMENT SHALL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7,2017; DESIGNATING AND APPOINTING THE CITY CLERK ("CLERK") AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER SUBSTITUTED DIRECTING THE 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 REFERENDUM SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the City of Miami ("City") is the owner of the waterfront property located 2550 South Bayshore Drive, Miami, Florida ("Property"); and J4 WHEREAS, per the Lease Agreement originally dated , as supplemented and amended ("Lease"), Aligned Bayshore Marina LLC, also knowna� ("Bayshore Marina") currently leases the Property from the City; and / WHEREAS, the City and Bayshore Marina desire to enter into a Fifth A endment to the Lease, which will extend the current lease term by an additional term of app ximately thirty- two (32) years, with two (2) ten (10) year options to renew for a possible to i term of fifty-two (52) years; increase minimum rent payment by an additional two hundre housand dollars ($200,000.00) per lease year, for a minimum of ten million dollars ($10 00,000.00) over the base term of 32 years, excluding the renewal options, /nded nd thr quarters percent (1.75%) of gross rent receipts from the Property, whicgre r; provide capital improvements to the Property of a minimum of seven e undred thousand dollars ($7,500,000.00) to be spent within three (3) years of thte's approval of the Fifth Amendment; create a capital account requiring a mini1tional investment on the Property of four million dollars ($4,000,000.00) over thed total term, inclusive of the renewal options; implement a Transfer Fee if the Propnsferred or assigned; and further implement a Refinancing Fee should the Property be rd after the initial financing; and WHEREAS, pursuant to the Charter of the ity ("Charter") Section 29-B entitled "City Owned Property Sale or Lease -Generally", and Xbpart A, Section 3(f)(iii), entitled "Powers", the City will need two (2) independent apprais affirming the fair market value of the Fifth Amendment; WHEREAS, the Fifth Amendmen o the Lease with Bayshore Marina will require the City's consent to the related submerge lands lease and waiver of deed restrictions required from the State of Florida, with otherictions, reversions, and retention by the City of all other rights; and WHEREAS, theCity C mission has determined that the Fifth Amendment to the Lease will be in the City's best inter st; and W/EREAan ant to Resolution No. adopted on July 13, 2017, the City Attorney wdraft the ballot language contained herein; NORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLSecitals and findings contained in the Preamble to this Resolution are adopted bd incorporated as if fully set forth in this Section. ection 2. In accordance with the provisions of Section 29-B of the Charter of the City of M mi, as amended ("Charter"), and §6.03 of the Miami -Dade County Home Rule Charter, a ReXrendum Special Election to be held concurrently with the General Municipal Election is being called rd directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 2017, including for the purpose of submitting to the qualified electors of the City for their approval or disapproval the proposed Charter Amendment for the Fifth Amendment to the Lease. SUBSTITUTED Section 3. Section 29-B 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-B. City -owned property sale or lease -Generally. Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except as provided below, the city commission is prohibited from favorably considering any sale or lease of property ow ec by the city unless there is a return to the city of fair market value un r such proposed sale or lease. The city commission is also prohibit from favorably considering any sale or lease of city -owned property ess (a) there shall have been, prior to the date of the citv commission' consideration of su for said sale or lea: circulation in the cit receipt of proposal advertisement to bE the advertisement t as provided below, proposals received there are less than guaranteed return L considered is equal that the contemplat subject to the apprc a referendum, the s owned property whi to be sold or leasec property shall not b valuation purposes,' based on an apprai commission, by a 4, property after comp above but without i :h sale or lease, an advertisement solicit g proposals published in a daily newspaper of g eral paid (, allowing not less than ninety (90) ys for the city's from prospective purchasers or le sees, said no less than one-fourth ('/) pa and the headline in be in a type no smaller than -point and, (b) except here shall have been at lea three (3) written 'rom prospective purchas or lessees; however, if hree (3) such proposals eceived and if the nder the proposal wh e acceptance is being to fair market value e city commission determines �d sale or lease wi be in the city's best interest then, val of a majority f the votes cast by the electorate at ale or lease m be consummated. In the case of city - ;h is not wa rfront, when the value of such property (individu easeholds within a single city -owned consid ed as a single parcel of property for such is five undred thousand dollars ($500,000) or less, alp rformed by a state -certified appraiser, the city Stn affirmative vote, may sell or lease said city -owned nce with the advertisement requirements set forth e necessity of a referendum. The above pr isions and any other city requirements for competitive bidding shall not apply whe . (a) conve ng property to implement housing programs or projects which are inte ed to benefit persons or households with low and/or moderate income, th criteria of which to be provided for by federal and/or state law or by the y commission; conveying property to implement projects authorized under the Florida Community Redevelopment Act of 1969, as amended; (c) conveying property to implement projects of any governmental agency or instrumentality; (d) disposing of property acquired as a result of foreclosure; " 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 (e) disposing of property acquired in connection with delinquent taxes which properties were conveyed to the city by the Miami -Dade board of county commissioners under the provisions of Section 197.592 Florida Statutes, as amended; and (f) disposing of non -waterfront property to the owner of an adjacent pro when the subject property is 7,500 square feet or less or the subject waterfront property is non -buildable. Notwithstanding anything herein to the contrary, the city commissiony a 4/5ths affirmative vote, may: �� (a) grant a lessee of city -owned property a one-time extension uring the last five years of its lease, without the necessity of a r/extended r the purpose of funding additional capital improvements. The m shall not exceed twenty-five percent of the original term or ten ever is less. The granting of such an extension is subject to theg fair market rent as determined by the city at the time of such not being in default of its lease with the city nor in arrearagnies due the city; and (b) amend the Lease Agre/beeenetween th City of Miami and Biscayne Bay Restaurant Corp., d/b/Pelican, ted February 13, 1970, as amended, to (i) extend se for additional term of fifteen (15) years, with the option to reneo (2) dditional five (5) year periods, (ii) increase the amount ofim guarantee to the City to at least $360,000 per lease yei upon execution of the lease amendment, and (iii) require Rusty Po complete capital improvements to the property, including a puwalk, in the amount of not less than $3 Million, within twenty-four (24) of the effective date of the lease amendment, and (c) waive competitive b' ding and execute a lease with Dade Heritage Trust, Inc. for the City-owne uilding located at 190 Southeast 12th Terrace, for a term of thirty (30) ye PIS, with two (2) thirty (30) year renewals, for minimum annual rent of $600.,00 with Consumer Price Index adjustments, with restrictions, reversions, nd retention by the City of all other rights -Land waive c0fripetitive bidding and execute a Fifth Amendment to the Lease Aaree&nt with Aligned Ba shore Marina LLC also known as Mont 's exte6d the current lease term by an additional term of approximately thi t (32) years, with two (2) ten (10) year options to renew for a possible arm of fifty-two (52) years; which will increase minimum rent payment by an additional two hundred thousand dollars ($200,000.00) per lease year, for a minimum of ten million dollars ($10,000,000.00) over the base term of thirty- two (32) years, excluding the renewal options or one and three quarters percent (1.75%) of gross rent receipts from the Property, whichever is greater, as additional rent due the City: further providing capital improvements to the Property of a minimum of seven million five hundred thousand dollars ($7,500,000.00) to be spent within three (3) years of the electorate's approval of the Fifth Amendment to the Lease Agreement: further creating a capital account requiring a minimum additional investment to the Property of four million dollars ($4,000,000.00) over the amended total term inclusive of the renewal options; implementing a Transfer Fee if the Property is transferred or assigned; and further implementing a Refinancing Fee SUBSTITUTED should the Property be refinanced after the initial financing: pursuant to the Charter of the Citv ("Charter") Section 29-B entitled "City Owned Property Sale or Lease -Generally", and Subpart A Section 3(f)(iii) entitled "Powers" the City will need two (2) independent appraisals affirming the fair market value of the Fifth Amendment: further requiring the Citv's consent to the related submerged lands lease and waiver of deed restrictions required frorr the State of Florida, with other City of all other rights. Notwithstanding anything in this Charter to the contrary, the City may e er into leases or management agreements, for any City -owned submerged I ds, with entities having a possessory or ownership interest in the abutting ri rian uplands for building marinas, docks or like facilities, using metho adopted by ordinance on the condition that such leases or management ag ements result in a return to the City of at least fair market value." Section 4. The Referendum Special Election shall be held at the v ing places in the precincts designated, all as shown on the list attached hereto and made art hereof and referred to as Exhibit No. 1 or as may be designated by the Supervis r of Elections of Miami - Dade County, Florida, in conformity with the pr/shed s of the genera ws of the State of Flodda ("State"). The Precinct Election Clerks and Inspeto serve at s d polling places on said Referendum Special Election date shall be thosignated by e Supervisor of Elections of Miami -Dade County, Florida, for such purpose ordance ith the general laws of the State. A description of the registration books andds whi pertain to Referendum Special Election precincts wholly or partly within the Cityhich e City is adopting and desires to use for holding such Referendum Special Electall gistration cards, books, records and certificates pertaining to electors of the City anshed and maintained as official by the Supervisor of Elections of Miami -Dade County, Fln conformity with the provisions of the general laws of the State, are hereby adopted and declare, and shall hereafter be recognized and accepted as, official registration cards, books, recod certificates of the City. Section 5. In compliance with Sect n 100.342, Florida Statutes (2016), regarding any Referendum Special Election not otherw e provided for there shall be at least thirty (30) days' notice of the Referendum S/aforesaid n by publication in a newspaper of general circulation in the City. The City Clerk isnd directed to publish notice of the adoption of this Resolution and of the provisioeast twice, once in the fifth week and once in the third week prior to the week in whicReferendum Special Election is to be held, in newspaper(s) of general circe City which notice shall be substantially in the following form: "N ICE OF REFERENDUM SPECIAL ELECTION TO APEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 7, 2017 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A ferendum Special Election will be held on Tuesday, November 7, 2017 from 790 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in e several Referendum Special Election precincts designated by the Board of County Commissioners 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 the City's Charter be amended to extend the Aligned Bayshore Marina, LLC (Monty's) Lease an additional 52 years, waiving competitive bidding by a SUBSTITUTED 4/5ths affirmative vote, for City waterfront property at 2550 South Bayshore Drive; for the greater of additional minimum total rent of $10,000,000.00 or 1.75% of gross property rent over the initial 32 year term; $7,500,000.00 capital improvements;, a minimum $4,000,000.00 capital account over the total term, and transfer and refinancing fees." This Charter Amendment will amend Section 29-B of the Miami Charter to authorize the City Commission by a four-fifths (4/5ths) affirmative vote, waive competitive bidding and execute the Fifth Amendment to the Lease with Aligned Bayshore Marina, LLC, also known as Monty's, for an additional pos/tal term of 52 years, for City waterfront property at 2550 South Bayshor the greater of additional minimum total rent of $10,000,000.00 or on quarters percent (1.75%) of gross property rent over the initial 32 ye$7,500,000.00 of capital improvements ; a minimum $4,000,000.00 account over the total term, and transfer and refinancing fees. By order of the Commission of the City of Miami, FJ6rida. City Clerk A list of City of Miami polling plac follows: (Insert list of City of Miami Polli Places.) FOR AMENDN(ENT AGAINST AMENDMENT Section 6. The official ballotto be u d at said Referendum Special Election shall be in full compliance with the laws of the State with res ct to absentee ballots and to the use of the mechanical voting machines or the Computer Election stem, and shall be in substantially the following form, to wit: "Official Ballot" /oval ferendum Special Election esday, November 7, 2017 for Apr Disapproval of the following question: Proposed Charter Amendment allowing Aligned Bayshore (Monty's) a Lease extension pAviding additional rent and investments. "Shall the City's Charter be amended to extend the Aligned Bayshore Marina, LLC (Monty's) Lease an additional 52 years, waiving competitive bidding by a 4/5ths affirmative vote, for City waterfront property at 2550 South Bayshore Drive; for the greater of additional minimum total rent of $10,000,000.00 or 1.75% of gross property rent; $7,500,000.00 of capital improvements; a minimum $4,000,000.00 capital account over the total term; and transfer and refinancing fees." SUBSTITUTED FOR AMENDMENT AGAINST AMENDMENT Section 7. The form of the ballot shall be in accordance with requirements of gener election laws. Electors desiring to vote in approval of the Question described above shall instructed to vote their selection next to the word "FOR AMENDMENT" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove e Question shall be instructed to vote their selection next to the word "AGAINST AMEND' NT" within the ballot containing the statement relating to the Question. Once individuals ar satisfied with their choice, they shall press the "Vote" button and the ballot shall be cast. Section 8. The City Clerk shall cause to be prepared absentee ballot containing the Question set forth in Section 6 above for the use of absentee electors entitl d to cast such ballots in said Referendum Special Election. Section 9. All qualified electors of said City shall be permitte o vote in said Referendum Special Election and the Supervisor of Elections of Mi i -Dade County, Florida, is hereby requested, authorized, and directed to furnish, at the cost and pense of the City, a list of all qualified electors residing in the City as shown by the registration b ks and records of the Office of said Supervisor of Elections and duly certify the same for deli ry to and for use by the election officials designated to serve at the respective polling place in said general election precincts. Section 10. For the purpose of enabling person o register who are qualified to vote in said Referendum Special Election to be held concurrent with the General Municipal Election on Tuesday, November 7, 2017, and who have not reg' ered under the provisions of the general laws of the State and Chapter 16 of the Code of t City of Miami, Florida, or who have transferred their legal residence from one voting precinct to nother in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. a e Miami -Dade County Elections Department located at 2700 Northwest 871 Avenue, Dor , Florida, within such period of time as may be designated by the Supervisor of Elections Miami -Dade County, Florida. In addition to the above place and times, qualified persons may gister at such branch offices and may also use any mobile registration van for the purpos of registration in order to vote in the herein described Referendum Special Election durin uch times and on such dates as may be designated by the Supervisor of Elections of Miami- de County, Florida. Section 11. Todd B. nnon, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is here designated and appointed as the official representative of the Commission of the City of ami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County, FI da, related to matters pertaining to the use of the registration books and the holding of sai Referendum Special Election. Section 1 The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of EI tions of Miami -Dade County, Florida, not less than forty-five (45) days prior to the date of e Referendum Special Election. S tion 13. This Resolution shall become effective immediately upon its adoption and sig ture of the Mayor.-' AP OVED AS TO FORM AND CORRECTNESS: 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..