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AGENDA ITEM SUMMARY FORM
File ID: #4450
Date: 06/29/2018 Requesting Department: City Manager's
Office
Commission Meeting Date: 07/18/2018 Sponsored By:
District Impacted: District 1
Type: Resolution
Subject: Approve Charter Amendment - Soccer
Purpose of Item:
A Resolution of the Miami City Commission approving, setting forth, and submitting to
the Electorate a proposed Charter Amendment, amending Section 29-B of the Charter
of the City of Miami, Florida, as amended ("Charter"); entitled "City -owned Property Sale
or Lease -Generally," to authorize the City Commission ("Commission") to waive
competitive bidding by a four-fifths (4/5ths) affirmative vote to negotiate and execute a
Ground Lease and Master Development Agreement (the "Lease") between the City of
Miami ("City") and Miami Freedom Park, LLC ("MFP"), for approximately seventy-three
(73) acres of City -owned property located generally at 1400 Northwest 37th Avenue,
Miami Florida, 33125, and identified as folios 01-3132-000-0080 and 01-3132-000-0090
("Demised Property"), with an initial term of thirty-nine (39) years, with two (2) additional
thirty (30) year options to renew, for a total term of ninety-nine (99) years, with an
annual base rent equal to the greater of three million five hundred seventy-seven
thousand three hundred sixty-five dollars ($3,577,365.00), or fair market value as
determined by two (2) State certified appraisers, in addition to any rent increases and/or
additional rents negotiated by the parties; authorizing the use of the Demised Property
for a soccer stadium, entertainment center, including food and beverage venues,
offices, retail, hotel and conference center, and other ancillary commercial development
with a maximum height not to exceed Federal Aviation Administration Aerospace
Obstruction Standards, with restrictions, reversions, and retention by the City of all other
rights; further authorizing the creation of a Park Infrastructure Fund by the City that will
receive a twenty million dollar ($20,000,000.00) contribution from MFP, payable in equal
yearly installments of six hundred sixty-six thousand six hundred seven dollars
($666,667.00) for a period of thirty (30) years, to defray the site development and other
infrastructure -related costs for a public park of approximately fifty-eight (58) acres to be
developed on property adjacent to the Demised Property, currently used for the
Melreese Country Club; and pursuant to Charter Section 29-B entitled "City -owned
Property Sale or Lease Generally," 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 6, 2018; 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..
Background of Item:
The City of Miami ("City") is the owner in fee simple of approximately one hundred thirty-
one (131) acres of real property generally located at 1400 Northwest 37th avenue,
Miami, Florida 33125, identified as folios 01-3132-000-0080 and 01-3132-000-0090,
and commonly known as the Melreese Golf Course, ("Site"). Miami Freedom Park, LLC
("MFP") desires to design and develop approximately seventy-three (73) acres of the
Site ("Demised Property") for the purposes of constructing a soccer stadium, public
park, technology hub, art and entertainment spaces, food and beverage venues, and a
hotel and conference center with ancillary commercial uses ("Project"). The City and
MFP desire to negotiate and enter into a Ground Lease and Master Development
Agreement ("Lease") for the Demised Property for a maximum term of ninety-nine (99)
years, comprised of an initial term of thirty-nine (39) years with two (2) additional thirty
(30) year options to renew.
MFP shall pay to the City an annual minimum rent equal to or exceeding the greater of
three million five hundred seventy-seven thousand three hundred sixty-five dollars
($3,577,365.00) or fair market value as determined by two State certified appraisers.
The City shall negotiate with MFP to ensure the financial return to the City meets or
exceeds fair market value through a minimum rent, profit sharing, or other similar
financial contribution from MFP to the City. MFP's proposed Project design includes a
state-of-the-art professional soccer complex inclusive of a twenty-eight thousand
(28,000) seat stadium and related facilities on approximately ten and one half (10.5)
acres of the Demised Property; and
The Project is expected to include ancillary development, including, but not limited to,
one million (1,000,000) square feet of technology -related office space; one hundred
twenty thousand (120,000) square feet of art, music, and entertainment -related uses,
three hundred eighty thousand (380,000) square feet of food, beverage and retail uses,
approximately five hundred (500) hotel rooms; twenty thousand (20,000) square feet of
conference space; and a parking facility with platform covered by a green roof, including
multiple publicly available soccer pitches. The City intends to establish a Park
Infrastructure Fund ("Fund") to subsidize the construction by MFP of an approximately
fifty-eight (58) acre public park ("Park") within the Site, directly adjacent to the Demised
Property; and
MFP shall contribute approximately twenty million dollars ($20,000,000.00) to the Fund,
payable in equal annual installments of six hundred sixty-six thousand six hundred sixty-
seven dollars ($666,667.00), for a period of thirty (30) years, to fund the development of
the Park and other infrastructure -related costs. The City Commission has determined
that the Lease and Project is in the City's best interest.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
$3,577,365.00 per year
Reviewed By
City Manager's Office Miriam Arcia City Manager Review Completed 06/29/2018 3:34 PM
Office of Management and Budget Christopher M Rose Budget Analyst Review Completed 06/29/2018 3:36 PM
Legislative Division
Maricarmen Lopez
Legislative Division Review
Skipped
Office of the City Attorney
Maricarmen Lopez
Deputy City Attorney Review
Skipped
Office of the City Attorney
Maricarmen Lopez
Approved Form and Correctness
Skipped
City Commission
Joyce Jones
Meeting
Completed
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
Office of the City Attorney
Daniel Diaz
ACA Review
Completed
Office of the City Attorney
Victoria Mendez
Deputy Attorney Review
Skipped
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
City Commission
Joyce Jones
Meeting
Completed
Office of the Mayor
Mayor's Office
Signed by the Mayor
Completed
Office of the City Clerk
City Clerk's Office
Signed and Attested by the City Clerk Completed
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
Office of the City Attorney
Daniel Diaz
ACA Review
Completed
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness with
Modification(s)
Office of the City Clerk
City Clerk's Office
Rendered
Completed
07/12/2018 9:31 AM
07/12/2018 9:31 AM
07/12/2018 9:31 AM
07/12/2018 9:00 AM
07/17/2018 5:09 PM
07/17/2018 6:01 PM
07/17/2018 8:08 PM
07/17/2018 8:08 PM
07/18/2018 10:00 AM
07/18/2018 6:20 PM
07/18/2018 6:24 PM
07/19/2018 11:53 AM
07/30/2018 11:18 AM
07/30/2018 2:06 PM
Completed
08/07/2018 12:03 PM
File Number: 4450
City of Miami
Legislation
Resolution
Enactment Number: R-18-0309
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:7/18/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING, SETTING
FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER
AMENDMENT AMENDING SECTION 29-B OF THE CHARTER OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), ENTITLED "CITY -OWNED
PROPERTY SALE OR LEASE -GENERALLY," TO AUTHORIZE THE CITY
COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO
WAIVE COMPETETIVE BIDDING AND TO NEGOTIATE AND EXECUTE A
GROUND LEASE AND MASTER DEVELOPMENT AGREEMENT ("LEASE")
BETWEEN THE CITY OF MIAMI ("CITY') AND MIAMI FREEDOM PARK, LLC
("MFP") FOR APPROXIMATELY SEVENTY-THREE (73) ACRES OF CITY -
OWNED PROPERTY LOCATED GENERALLY AT 1400 NORTHWEST 37TH
AVENUE, MIAMI, FLORIDA 33125, COMMONLY KNOWN AS MELREESE
COUNTRY CLUB AND IDENTIFIED AS FOLIO NUMBERS 01-3132-000-0080
AND 01-3132-000-0090 ("DEMISED PROPERTY') WITH AN INITIAL TERM OF
THIRTY-NINE (39) YEARS WITH TWO (2) ADDITIONAL THIRTY (30) YEAR
OPTIONS TO RENEW, FOR A TOTAL TERM OF NINETY-NINE (99) YEARS,
WITH AN ANNUAL BASE RENT EQUAL TO THE GREATER OF (A) FAIR
MARKET VALUE AS DETERMINED BY STATE CERTIFIED APPRAISERS OR
(B) FIVE PERCENT (5.0%) OF RENT FROM THE RETAIL, OFFICE, AND
HOTEL DEVELOPMENT WITHIN THE DEMISED PROPERTY, BUT ANNUAL
BASE RENT OF NO LESS THAN THREE MILLION FIVE HUNDRED SEVENTY-
SEVEN THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS
($3,577,365.00), IN ADDITION TO A CONTRIBUTION TO THE CITY OF
TWENTY MILLION DOLLARS ($20,000,000.00) PAYABLE OVER THIRTY (30)
YEARS IN ANNUAL INSTALLMENTS, AND ANY RENT INCREASES AND/OR
ADDITIONAL RENTS NEGOTIATED BY THE PARTIES; AUTHORIZING THE
USE OF THE DEMISED PROPERTY FOR A SOCCER STADIUM,
ENTERTAINMENT CENTER INCLUDING FOOD AND BEVERAGE VENUES,
OFFICES, RETAIL, HOTEL AND CONFERENCE CENTER, AND OTHER
ANCILLARY COMMERCIAL DEVELOPMENT WITH A MAXIMUM HEIGHT NOT
TO EXCEED FEDERAL AVIATION ADMINISTRATION AEROSPACE
OBSTRUCTION STANDARDS, WITH RESTRICTIONS, REVERSIONS, AND
RETENTION BY THE CITY OF ALL OTHER RIGHTS, GUARANTEEING A
LIVING WAGE FOR ALL ON-SITE EMPLOYEES; FURTHER REQUIRING MFP
TO UNDERTAKE THE REMEDIATION AND SITE DEVELOPMENT FOR A
PUBLIC PARK OF APPROXIMATELY FIFTY-EIGHT (58) ACRES TO BE
DEVELOPED ON PROPERTY ADJACENT TO THE DEMISED PROPERTY
("NEW PARK") CURRENTLY USED FOR THE MELREESE COUNTRY CLUB;
CALLING FOR A SPECIAL ELECTION AND PROVIDING THAT THE CHARTER
AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL
ELECTION TO BE HELD ON NOVEMBER 6,2018; 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 SPECIAL ELECTION; PROVIDING AN IMMEDIATE
EFFECTIVE DATE FOR THIS RESOLUTION.
WHEREAS, the City of Miami ("City") is the owner in fee simple of approximately one
hundred thirty-one (131) acres of real property generally located at 1400 Northwest 37th
Avenue, Miami, Florida 33125, identified as folio numbers 01-3132-000-0080 and 01-3132-000-
0090, and commonly known as the Melreese Country Club ("Site"); and
WHEREAS, Miami Freedom Park, LLC ("MFP") desires to design and develop
approximately seventy-three (73) acres of the Site ("Demised Property") for the purposes of
constructing a soccer stadium, entertainment center including food and beverage venues,
offices, retail, hotel and conference center, and other ancillary commercial development
("Project"); and
WHEREAS, the City and MFP desire to negotiate and enter into a Ground Lease and
Master Development Agreement ("Lease") for the Demised Property for an initial term of thirty-
nine (39) years with two (2) additional thirty (30) year options to renew; and
WHEREAS, MFP proposes to pay the City an annual minimum base rent equal to the
greater of (a) fair market value as determined by state certified appraisers or (b) five percent
(5.0%) of rent from the retail, office, and hotel development within the Demised Property, but
annual base rent of no less than three million five hundred seventy-seven thousand three
hundred sixty-five dollars ($3,577,365.00); and
WHEREAS, in addition to the annual rent, MFP will provide the City with a Twenty
Million Dollar ($20,000,000.00) contribution payable over thirty (30) years in equal annual
installments; and
WHEREAS, the City shall negotiate with MFP to ensure the financial return to the City
meets or exceeds fair market value through a minimum rent, profit sharing, or other similar
financial contribution from MFP to the City; and
WHEREAS, MFP's proposed Project design includes a state-of-the-art professional
soccer complex including a twenty-five thousand (25,000) seat stadium and related facilities on
approximately ten and one half (10.5) acres of the Demised Property; and
WHEREAS, the Project is expected to include Ancillary Development, including, but not
limited to, four hundred thousand (400,000) square feet of office space; six hundred thousand
(600,000) square feet of food, beverage, art, music, entertainment -related, and retail uses; at
least seven hundred fifty (750) hotel rooms; twenty thousand (20,000) square feet of conference
space, guaranteeing a living wage for all on-site employees; and a parking facility with platform
covered by a green roof including multiple publicly available soccer pitches; and
WHEREAS, MFP will undertake the remediation and site development for a public park
("New Park") of approximately fifty-eight (58) acres to be developed on the property adjacent to
the Demised Property at MFP's sole cost; and
WHEREAS, the City will not expend any funds for the remediation of the Demised
Property or the New Park and MFP will be solely responsible for all environmental remediation
of the Demised Property and New Park; and
WHEREAS, nothing shall preclude MFP from obtaining any tax credits or other
economic incentives from federal or state remediation programs; and
WHEREAS, the City Commission has determined that the Lease and Project is in the
City's best interest; and
WHEREAS, pursuant to Resolution No. R-18-0308 adopted on July 18, 2018, the City
Attorney was directed to draft proposed 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 Section 6.03 of the Miami -Dade County Home Rule
Charter, a Special Election is being called and directed in the City from 7:00 A.M. until 7:00 P.M. on
Tuesday, November 6, 2018 for the purpose of submitting to the qualified electors of the City for
their approval or disapproval the proposed Charter Amendment for the Lease as stated herein.
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 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 ('/4) 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. Any
lease for the development of improvements of city -owned property which has
been approved by voter referendum shall require additional voter approval for a
development on City -owned property where the developer has not obtained the
necessary building permits within four (4) years of the effective date of the lease.
Such section shall not be applicable when the delay in the performance of any
obligation is as a result of force majeure, or litigation that questions the validity of
' 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.
the vote, or the City Commission action to place the question for referendum,
then the performance of such obligation shall be extended by the length of the
delay. 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 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 4/5ths 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 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;
(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 4/5ths
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., d/b/a 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 least
$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, 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 term 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 Bayshore Marina, LLC, also known as Monty's,
to 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); 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 the amended
Lease Agreement, or one and three quarters percent (1.75%) of gross
rent receipts from the Property, whichever is greater, as additional rent
due to the City and, commencing January 1, 2019, minimum annual total
rent (inclusive of the additional minimum rent) shall be one million five
hundred thousand dollars ($1,500,000.00), plus an additional twenty five
thousand dollars ($25,000.00) 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; 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 in the Property of four million dollars ($4,000,000.00) over the
amended Lease term, inclusive of the renewal options; requiring a
Transfer Fee payment to the City if the Property is transferred or
assigned; and further requiring a Refinancing Fee payment to the City
should the Property be refinanced after the initial refinancing.
(e) waive competitive bidding to negotiate and execute a Ground Lease and Master
Development Agreement with Miami Freedom Park, LLC, for a total lease term
of ninety-nine (99) years, for approximately seventy-three (73) acres of City -
owned property located generally at 1400 Northwest 37th Avenue, Miami, Florida
33125, also known as Melreese County Club, with a minimum annual base rent
Payable to the City equal to the greater of (a) fair market value as determined by
state certified appraisers or (b) five percent (5.0%) of rent from the retail, office,
and hotel development within the Demised Property, but annual base rent of no
less than three million five hundred seventy-seven thousand three hundred
sixty-five dollars ($3,577,365.00), in addition to a contribution to the City of
twenty million dollars ($20,000,000.00) payable over thirty (30) years in annual
installments, and any rent increases and/or additional rents negotiated by the
parties; authorizing the use of the Demised Property for a soccer stadium; with
at least one (1) million square feet of art and entertainment center including food
and beverage venues, offices, retail, and a hotel with at least 750 units and
conference center with ancillary commercial uses, guaranteeing a living wage
for all on-site employees, further requiring MFP to undertake the remediation
and Site development for a public park of approximately fifty-eight (58) acres to
be developed on property adjacent to the Demised Property as MFP's sole cost,
with anv restrictions. reversions. and retention by the Citv of all other riahts
including at least a one (1 %) transfer fee payable to the City, with such Lease
and Master Development Agreement requiring City Commission approval by a
four-fifths (4/5ths) vote.
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 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 No. 1 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
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 voter information cards, registration books, records, and certificates of the City.
Section 5. In compliance with Section 100.342, Florida Statutes (2018), 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. 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 AMEND THE MIAMI CITY CHARTER TO BE HELD ON
TUESDAY, NOVEMBER 6, 2018
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. R-18-0309
A Special Election will be held on Tuesday, November 6, 2018 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 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 City to negotiate, execute 99 -year lease
with Miami Freedom Park LLC, for approximately 73 acres of City land, waiving bidding,
converting Melreese Country Club (1400 Northwest 37 Avenue) at no cost to City to:
• soccer stadium;
• minimum 1,000,000 square feet office, retail, commercial uses;
• minimum 750 hotel rooms;
• living wage for on-site employees;
• $3,577,365.00 minimum annual rent;
• $20,000,000.00 for 58 -acre public park or other green space?
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 to waive
competitive bidding and to negotiate and execute a Ground Lease and Master
Development Agreement ("Lease") between the City and Miami Freedom Park,
LLC ("MFP") for approximately seventy-three (73) acres of City -owned property
located generally at 1400 Northwest 37th Avenue, Miami, Florida 33125,
commonly known as Melreese Country Club and identified as folio numbers 01-
3132-000-0080 and 01-3132-000-0090 ("Demised Property") with an initial term
of thirty-nine (39) years with two (2) additional thirty (30) year options to renew,
for a total term of ninety-nine (99) years, with an annual base rent equal to the
greater of (a) fair market value as determined by state certified appraisers or (b)
five percent (5.0%) of rent from the retail, office, and hotel development within
the Demised Property, but annual base rent of no less than three million five
hundred seventy-seven thousand three hundred sixty-five dollars
($3,577,365.00), in addition to a contribution to the City of twenty million dollars
($20,000,000.00) payable over thirty (30) years in annual installments, and any
rent increases and/or additional rents negotiated by the parties; authorizing the
use of the Demised Property for a soccer stadium, with at least one (1) million
square feet of art and entertainment center including food and beverage venues,
offices, retail, and a hotel with at least 750 units and conference center with other
ancillary commercial development with a maximum height not to exceed federal
aviation administration aerospace obstruction standards, with restrictions,
reversions, and retention by the City of all other rights, including at least a one
percent (1 %) transfer fee payable to the City, with such Lease and Master
Development Agreement requiring City Commission approval by a four-fifths
(4/5ths) affirmative vote, guaranteeing a living wage for all on-site employees;
further requiring MFP to undertake the remediation and site development for a
public park of approximately fifty-eight (58) acres to be developed on property
adjacent to the Demised Property.
By order of the Commission of the City of Miami, Florida.
Section 6. 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"
Special Election
Miami, Florida
November 6, 2018
Proposed Charter Amendment for the Lease
and development of a soccer stadium and commercial complex.
Shall Miami's Charter be amended authorizing City
to negotiate, execute 99 -year lease with Miami
Freedom Park LLC, for approximately 73 acres of
City land, waiving bidding, converting Melreese
Country Club (1400 Northwest 37 Avenue) at no
cost to City to:
• soccer stadium;
• minimum 1,000,000 square feet office,
retail, commercial uses;
• minimum 750 hotel rooms;
• living wage for on-site employees;
• $3,577,365 minimum annual rent;
• $20,000,000 for 58 -acre public park or other
green space?
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. Once individuals are 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 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 Special Election.
Section 9. 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 10. For the purpose of enabling persons to register who are qualified to vote in
said Special Election on Tuesday, November 6, 2018, 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, as amended, 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 use any mobile
registration van for the purpose of registration in order to vote in the herein described Special
Election during such times and on such dates as may be designated by the Supervisor.
Section 11. Todd B. Hannon, the City Clerk, or his duly appointed successor, is hereby
designated and appointed as the official representative of the City Commission 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 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 Special Election.
Section 13. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.Z
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:
ria ' ndez,ity ttor ey 711712018