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HomeMy WebLinkAboutResolution 2026-34389RESOLUTION NO.2026-34389 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,CALLING FOR A NOVEMBER 3, 2026,SPECIAL ELECTION,FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A BALLOT QUESTION ASKING WHETHER THE CITY SHOULD AMEND THE AGREEMENT OF LEASE BETWEEN THE CITY OF MIAMI BEACH AND RK RIVANI LLC RELATING TO THE PROPERTY AT 1691 MICHIGAN AVENUE (PROPERTY),SAID AMENDMENT (I)GRANTING TWO 20- YEAR EXTENSION OPTIONS;(II)AUTHORIZING 47,000 SQUARE FEET OF NEW DEVELOPMENT ABOVE EXISTING GARAGE;(Ill) GUARANTEEING $247,733,206.12 IN BASE RENT AND ESTIMATED POTENTIAL PERCENTAGE RENT OF $184,140,862.35 DURING SUCH OPTION PERIODS (40 YEARS);AND (IV)INCREASING PERCENTAGE RENT FROM 2.5%TO 3%(ESTIMATED INCREASE OF $13,261,308.15 DURING REMAINING TERM (64 YEARS). SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach,Florida, and the general laws of the State of Florida,a Special Election is hereby called and directed to be held in the City of Miami Beach,Florida,from 7:00 a.m.to 7:00 p.m.on Tuesday,November 3,2026,for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. The appropriate and proper Miami-Dade County Office of the Supervisor of Elections officials shall conduct the said Special Election hereby called,with acceptance of the certification of the results of said Special Election to be performed by the City Commission.The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. The voting precincts in the City of this Special Election shall be as established by the proper and appropriate Miami-Dade County Office of the Supervisor of Elections officials.All electors shall vote at the polling places and the voting precincts as determined by the Office of the Supervisor of Elections officials.1 1 The City Clerk shall publish on the publicly accessible website designated by Miami-Dade County for such publications as provided in Section 50.0311,Florida Statutes,and Section 2-2 of the Miami Beach City Code,as well as on the City's website,the polling places for the election twice,once in the third week and once in the first week prior to the week in which the election is to be held. SECTION 4. Not less than thirty days'notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication on the publicly accessible website designated by Miami-Dade County for such publications as provided in Section 50.0311,Florida Statutes,and Section 2-2 of the Miami Beach City Code,or in a newspaper of general circulation in Miami Beach,Miami-Dade County,Florida,as well as on the City's website.Such publication shall be made in accordance with the provisions of Section 100.342,Florida Statutes,Section 38-3 of the Code of the City of Miami Beach,and any other applicable law. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH,FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AND WILL BE HELD IN SAID CITY FROM 7:00 A.M.UNTIL 7:00 P.M.ON NOVEMBER 3, 2026 AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: Two 20-year Lease Extension Options for City Property at 1691 Michigan Avenue Should City,pursuant to Resolution 2026-34388,amend ground lease with RK Rivani LLC for property at 1691 Michigan Avenue,granting two 20-year extension options, authorizing 47,000 SF of new development above existing garage,guaranteeing $247,733,206.12 in base rent and estimated percentage rent of $184,140,862.35 during such option periods (40 years),and increasing percentage rent from 2.5%to 3% (estimated increase of $13,261,308.15 during remaining term (64 years))? Yes No Said Notice shall further set forth pertinent information regarding the eligibility of electors to participate in said elections. 2 SECTION 6. The official ballot to be used in the Special Election to be held on November 3, 2026,hereby called,shall be in substantially the following form,to-wit: "OFFICIAL BALLOT" Two 20-year Lease Extension Options for City Property at 1691 Michigan Avenue Should City,pursuant to Resolution 2026-34388,amend ground lease with RK Rivani LLC for property at 1691 Michigan Avenue,granting two 20-year extension options, authorizing 47,000 SF of new development above existing garage,guaranteeing $247,733,206.12 in base rent and estimated percentage rent of $184,140,862.35 during such option periods (40 years),and increasing percentage rent from 2.5%to 3% (estimated increase of $13,261,308.15 during remaining term (64 years))? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk,City Hall,1700 Convention Center Drive,First Floor,Miami Beach,Florida 33139,during normal business hours,and at such other voter registration centers and during such times as may be provided by the Miami-Dade County Supervisor of Elections.The Supervisor of Elections will register voters for this Special Election until 5:00 p.m.on Monday, October 5,2026.All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously,as provided by law.Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Office of the Supervisor of Elections.All questions concerning voter registration should be directed to the Miami-Dade County Office of the Supervisor of Elections,2700 N.W.87th Avenue, Miami,Florida 33172;Telephone:(305)499-VOTE (8683). 3 SECTION 9. That voters participating via a Vote-by-Mail ballot in this Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to such voting.All questions concerning Vote-by-Mail ballots should be directed to the Miami-Dade County Office of the Supervisor of Elections,2700 N.W. 87 Avenue,Miami,Florida 33172;Telephone:(305)499-VOTE (8683). SECTION 10. The City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to the Miami-Dade County Office of the Supervisor of Elections or directly to all persons or firms,upon receipt of an invoice or statement approved by the Miami-Dade County Office of the Supervisor of Elections. SECTION 11. If any section,sentence,clause or phrase of this Resolution or of the ballot measure set forth above in this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of said Resolution or ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this _e _day or Jae _,2026. ATTEST:7/JUL 2 3 2026 4 APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION City Attorney Rafael E.Granado,City Clerk BALLOT QUESTION NOVEMBER 3,2026 SPECIAL ELECTION I.BALLOT QUESTION: Two20-year_Lease Extension Options for City Property at 1691 Michigan Avenue Should City,pursuant to Resolution 2026-34388,amend ground lease with RK Rivani LLC for property at 1691 Michigan Avenue,granting two 20-year extension options, authorizing 47,000 SF of new development above existing garage,guaranteeing $247,733,206.12 in base rent and estimated percentage rent of $184,140,862.35 during such option periods (40 years),and increasing percentage rent from 2.5%to 3% (estimated increase of $13,261,308.15 during remaining term (64 years))? Yes No Resolutions -R7 I MIAMI BEA CH COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:City Attorney Ricardo J.Dopico DATE:July 22,2026 TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,CALLING FOR A NOVEMBER 3,2026,SPECIAL ELECTION,FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A BALLOT QUESTION ASKING WHETHER THE CITY SHOULD AMEND THE AGREEMENT OF LEASE BETWEEN THE CITY OF MIAMI BEACH AND RK RIVANI,LLC RELATING TO THE PROPERTY AT 1691 MICHIGAN AVENUE (PROPERTY),SAID AMENDMENT (I)GRANTING TWO 20- YEAR EXTENSION OPTIONS;(II)AUTHORIZING 47,000 SQUARE FEET OF NEW DEVELOPMENT ABOVE EXISTING GARAGE;(Ill)GUARANTEEING $247,733,206.12 IN BASE RENT AND ESTIMATED POTENTIAL PERCENTAGE RENT OF $184,140,862.35 DURING SUCH OPTION PERIODS (40 YEARS),AND (IV)INCREASING PERCENTAGE RENT FROM 2.5%TO 3%(ESTIMATED INCREASE OF $13,261,308.15 DURING REMAINING TERM (64 YEARS). RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The attached Resolution is submitted for consideration by the Mayor and City Commission. FISCAL IMPACT STATEMENT The estimated cost for the City's November 3,2026,Special Election is $25,520.See attached Estimate from the Miami-Dade County Elections Department. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable,the Business Impact Estimate (BIE)was published on: See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ Does this Agenda Item support the Strategic Plan?: N/A 1980 of 3207 If so,specify what Objective(s): FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know"item, pursuant to City Code Section 2-17? No Is this item related to a G.O.Bond Project? No Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481, includes a principal engaged in lobbying?No If so,specify the name of lobbyist(s)and principal(s): Department City Attorney Sponsor(s) Co-sponsor(s) Condensed Title 2:11 p.m.Call Special Election:1691 Michigan Ave Lease Amendment Ballot Question.CA Previous Action (For City Clerk Use Only) 1981 of 3207 Alina Garcia Supervisor of Elections 2700 NW 87th Ave M iam i,FL 33172 ESTIMATE CITY OF MIAMI BEACH 11/03/2026 ELECTION (Piggyback to General Election) T 305-499-/0TE(8683) F 305-499-8501 TTY305-499-8480 votemiamidade.gov @ votem iam idade T o :CITY OF MIAMI BEACH Rafael E.Granado,Esq. City Clerk 1700 Convention Center Drive Miami Beach,FL 33139 Y Re g istered V o ters: P rec in cts : P o ll in g P laces : E stim ated V o te by M a il Ba llots : 50,000 21 19 15,000 Questions: Estim ate No:ML-PG-11032026 Date:April 28,2026 Estim ate cost per question $20 0/each Early V oting Days:General Early V oting Sites:General Descripti o n EA R LY VO T IN G ELECT IO N DA Y TO TA L Perso n n el (Salaries &Fringe Benefits,Overtime,Poll Workers)$-$-$- Po lli n g Places [Security,Polling Place Rentals)--. S u p p li e s an d Serv ices [Election Supplies.Janitorial services,Communication -.Charges)- T ru cks an d Veh icl es [Truck and Vehicle Rentals,Equipment Delivery and Pick-up).-- Prin ti n g &Rep rod u ctio n (Ballots,Ballots Consumables,Temporary Polling Places -23,000.00 23,000.00Notices) Po sta g e (Vote by Mail Sent and Business Reply,Temporary Polling Place Change -.Notices,Letters)- A d v e rtisin g (Legal Notices)--. Ba ll o t Creatio n (Ballot coding translation fees,other contract support charges -200.00 200.00 A d m in istr ati ve O verh ead -2,320.00 2,320.00 TO T AL .25,520.00 25,520.00 Please note these are estimated costs subject to change without prior notice.If your question(s)/race(s)create additional ballot pages,the costs will be adjusted accordingly. NO T ES FO R SP ECIA L EL ECT IO N S: EST IMA TE TO TAL $ DEPO SIT (50%Special Election) 25,520.00 0 As part of the transition agreements with Miami-Dade County and to reflect the new budgeting processes for the Supervisor of Election's Office Miami-Dade County is requiring that any municipality who wishes to conduct a special election must agree in writing,prior to the authorization of the special election,that the municipality will pay fifty percent (50%)of the estimated costs of the special election within thirty (30)days of the municipal act calling the special election. For more information,you may contact: Federico Arana Manager,Budget &Accounting Office of The Supervisor of Elections Office:305-499-8543 E-mail.federico.arana@votemiamidade.gov 1987 of 3207