Resolution 2020-31348R E S O LU T IO N NO . 2020-313 4 8
A R E S O L U T IO N O F T H E M A V O R A N D C IT Y C O M M IS S IO N O F T H E
C IT Y O F M IA M I B E A C H , FL O R ID A , CA LLI N G FO R A NO V E M B E R 3,
2020 S P E C IA L EL E C T IO N , FO R T H E PU R P O S E O F S U B M IT T IN G T O
TH E EL E C T O RA TE O F T H E C ITY O F M IA M I B E A C H , FL O R ID A A
B A LL O T Q U E S T IO N A S K IN G W H E T H E R T H E C ITY S H O U L D
LE A S E 3.5 1-A C RE PR O P ER TY A T 300-390 AL T ON R O A D , A N D 38-
A C R E S U B M E R G E D LAN D S IN BI S C A YN E B A Y S O U TH O F 5TH
STREET, TO MB MARINA PARK, LLC, FOR 99 YEARS, REQUIRING,
PER RESOLUTION 2020-31345: $40,000,000 IN NEW IMPROVEMENTS
FOR MARINA OPERATIONS, DELIVERY OF 1.0 ACRE PUBLIC PARK
TO CITY, AND RENT TO CITY, GREATER OF: GUARANTEED RENT
($16,400,000 IN FIRST TEN YEARS, ADJUSTED THEREAFTER) OR
PERCENTAGE OF MARINA'S REVENUES ANNUALLY.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, AS FOLLOWS:
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, 2020, for the purpose of submitting to the electorate the question
as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election 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.
That the voting precincts in the City of this Special Election shall be as established
by the proper and appropriate Miami-Dade County election officials. All electors shall
vote at the polling places and the voting precincts as determined by the Miami-Dade
County election officials.1
1 Pursuant to City Code Section 38-3(b), "[t]he City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statutes § 50.031 and 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."
SECTIO N 4.
Not fewer than thirty days' notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
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, 2020 AT WHICH TIME THERE
SHALL BE SUBMITTED TO THE DUL Y REGISTERED AND QUALIFIED
VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
City Charter approval of lease of City property for operation of Miami
Beach Marina
Should City lease 3.51-acre property at 300-390 Alton Road, and 38-acre
submerged lands in Biscayne Bay south of 5" Street, to MB Marina Park,
LLC, for 99 years, requiring, per Resolution 2020-31345:
• $40,000,000 in new improvements for marina operations,
• delivery of 1.0 acre public park to City, and
• rent to City, greater of: guaranteed rent ($16,400,000 in first ten years,
adjusted thereafter) or percentage of marina's revenues annually?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of
electors to participate in this Election.
2
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
3, 2020, hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
City Charter approval of lease of City property for operation of Miami
Beach Marina
Should City lease 3.51-acre property at 300-390 Alton Road, and 38-acre
submer ged lands in Biscayn e Bay south of 5" Street, to MB Marina Park,
LLC, for 99 years, requiring, per Resolution 2020-31345:
• $40,000,000 in new improvements for marina operations,
• delivery of 1.0 acre public park to City, and
• rent to City, greater of: guaranteed rent ($16,400,000 in first ten years,
adjusted thereafter) or percentage of marina's revenues annually?
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 Supervisor of Elections of Miami-Dade County. The Miami-Dade
County Supervisor of Elections will register voters for this Special Election until 5:00 p.m.
on Monday, October 5, 2020. 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
Elections Department. All questions concerning voter registration should be directed to
the Miami-Da de County Elections Depar tm ent, 2700 N.W. 87 Avenue, Miami, Florida
33172; Telephone: (305) 499-VOTE (8683).
3
S E C T IO N 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 Elections Department, 2700 N.W. 87" Avenue,
Miami, Florida 33172; Telephone:(305) 499-VOTE (8683).
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt
of invoice or statement approved by the Supervisor of Elections of Miami-Dade County,
Florida.
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.
5u'y PASSED and ADOPTED this áf day of ,2020.
ns. ) 4 ~ a.-,- .. , ..... _
el e. Granad. cif ce
Dan Gelber, Mayor
A PPROVED A S TO
FORM & LAN GUAGE
& FOR EXE C UTI ON
2tl.É ly e>
cy At om e (p\Pate
4
NOVEMBER 3, 2020 CITY OF MIAMI BEACH SPECIAL ELECTION:
BALLOT QUESTION
BALLOT QUESTION:
City Charter approval of lease of City property for operation of Miami
Beach Marina
Should City lease 3.51-acre property at 300-390 Alton Road, and 38-acre
submerged lands in Biscayne Bay south of 5" Street, to MB Marina Park,
LLC, for 99 years, requiring, per Resolution 2020-31345:
• $40,000,000 in new improvements for marina operations,
• delivery of 1.0 acre public park to City, and
• rent to City, greater of: guaranteed rent ($16,400,000 in first ten years, adjusted
thereafter) or percentage of marina's revenues annually?
YES
NO
5
Resoluti on s-R7 C
MIAMI BEAC H
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Raul J. Aguila, City Attorney
July 29, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORI DA A BALLOT
QUESTION ASKING WHETHER THE CITY SHOULD LEASE 3.51-ACRE
PROPERTY AT 300-390 ALTON ROAD, AND 38-ACRE SUBMERGED
LANDS IN BISCAYNE BAY SOUTH OF 5TH STREET, TO MB MARINA
PARK, LLC, FOR 99 YEARS, REQUIRING, PER RESOLUTION 2020-
__ : $40,000,000 IN NEW IMPROVEMENTS FOR MARINA OPERATIONS,
DELIVERY OF 1.0 ACRE PUBLIC PARK TO CITY, AND RENT TO CITY,
GREATER OF: GUARANTEED RENT ($16,400,000 IN FIRST TEN YEARS,
ADJUSTED THEREAFTER) OR PERCENTAGE OF MARINA'S REVENUES
ANNUALLY.
RECOMMENDATION
See attached Commission Memorandum.
Applicable Area
Citywide
ls this a "Residents Right
to Know" item, pursuant to
City Code Section 2-142
Yes
Legislative Tracking
Office of the City Attorney
Does this item utilize G,O,
Bond Funds ?
No
ATTAC HM EN TS:
Description
D Commission Memorandum
Page 1615 0f 2461
Resolution
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City of Miami Besch , 1700 Convention Center Drive, Miami Beach, Florid 33139, wwwy ._migmibegcht],_go
COMM ISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
Row ows us. c er _Á {:l
DATE: July 29, 2020
SUBJECT: A RESOLUTION OF THE MA VOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3,
2020 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A
BALLOT QUESTION ASKING WHETHER THE CITY SHOULD LEASE
3.51-ACRE PROPERTY AT 300-390 ALTON ROAD, AND 38-ACRE
SUBMERGED LANDS IN BISCAYNE BA Y SOUTH OF 5TH STREET, TO
MB MARINA PARK, LLC, FOR 99 YEARS, REQUIRING, PER
RESOLUTION 2020- $40,000,000 IN NEW IMPROVEMENTS
FOR MARINA OPERATIONS, DELIVERY OF 1.0 ACRE PUBLIC PARK
TO CITY, AND RENT TO CITY, GREATER OF: GUARANTEED RENT
($16,400,000 IN FIRST TEN YEARS, ADJUSTED THEREAFTER) OR
PERCENTAGE OF MARINA'S REVENUES ANNUALLY.
The attached Resolution has been prepared calling for a City of Miami Beach Special
Election to be held on November 3, 2020 for the purpose of submitting to the City's voters
the following question pursuant to Section 1.03(b)(1) of the City Charter:
City Charter approval of lease of City property for Marina Park Project
Should City lease 3.51-acre property at 300-390 Alton Road, and 38-acre
submerged lands in Biscayne Bay south of 5 Street, to MB Marina Park,
LLC, for 99 years, requiring, per Resolution 2020-
• $40,000,000 in new improvements for marina operations,
• delivery of 1.0 acre public park to City, and
• rent to City, greater of: guaranteed rent ($16,400,000 in first ten years,
adjusted thereafter) or percentage of marina's revenues annually?
te t tr
Page 1617 of 2461
Co m m issio n M em o rand um
July 29, 2020
Page 2
Section 1.03(b)1) of the City Charter provides in pertinent part:
The sale, exchange, conveyance, or lease of ten (1 O) years or longer
(including option periods) of City-owned park, recreation, or waterfront
property shall require approval by a majority vote of the voters in a City-wide
referendum.
The property that is the subject of the proposed lease is waterfront property, subject to
the referendum requirement of Section 1.03(b)1) of the City Charter. The proposed
Lease is the subject of the companion agenda ítem being considered at the July 29, 2020
City Commission meeting.
Pursuant to directive of the Miami-Dade County Elections Department, the final City
Commission meeting at which the City Commission may adopt its Resolution placing a
ballot measure on the November 3, 2020 ballot is July 29, 2020. Accordingly, this matter
is timely presented to the City Commission and adoption of the attached Resolution may
take place at today's meeting.
Page 1618 of 2461