R7B-Call Special Election Lease 2 65-Acre Property To Portman For 800-Rm Hotel Fx,.-. ** *'
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1111!. ?rlt1"'-t . ,. i.; ;,;ra;: l'ij '' ::, ,- , '"'.- : I I200 Convention Center Drive, Miomi Beoch, Florido33l39
www.miomibeochfl.gov
OFFICE OF THE CIW ATTORNEY
Tel: 305.673 .7 47O, Fox: 305.673.7002
TO:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM:RAUL.r. acurfi,O Co.?CITY ATTORNEY
DATE: SEPTEMBER 2, 2015
SUBJECT: RESOLUTION CALLING NOVEMBER 3, 2015 SPECIAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAM! BEACH, FLORIDA A QUESTION
ASKING WHETHER CITY SHOULD LEASE 2.65.ACRE PROPERTY AT
NORTHEAST CORNER OF 17TH STREET AND CONVENTION CENTER
DRIVE TO PORTMAN MIAMI BEACH LLG FOR 99 YEARS, REQUIRING,
PERRESoLUTloN2015.-,coNsTRUcTloN/oPERATloNoF
PRIVATELY.FUNDED 8OO ROOM HOTEL WITH 3OO FOOT HEIGHT
LIMIT, CONNECTED TO CONVENTION CENTER VIA PEDESTRIAN
SKYBRIDGE; NO GAMBLING; AND RENT TO CITY AFTER HOTEL
OPENS, INCLUDING GREATER OF: MINIMUM RENT ($12,373,785 OVER
FIRST TEN YEARS, ADJUSTED THEREAFTER) OR PERCENTAGE OF
HOTEL'S REVENUES ANNUALLY.
The attached Resolution has been prepared calling for a City of Miami Beach Special
Election to be held on November 3, 2015 for the purpose of submitting to the City's
voters the following question Pursuant to Section 1.03(bX3) of the City Charter:
Agenda ttem A7BDate ?-2-{i877
Referendum Re: Approval of City's
Lease of Gity Property for Gonvention Genter Hotel
Should City lease 2.65-acre property at northeast corner of '17th Street and Convention
Center Drive to Portman Miami Beach LLC for 99 years, requiring, per Resolution 2015-
Construction/operation of privately-funded 800 room Hotel with 300 foot height
limit, connected to Convention Center via pedestrian Skybridge,
No gambling,
Rent to City after Hotel opens, including greater of: minimum rent ($12,373,785
over first ten years, adjusted thereafter) or percentage of Hotel's revenues
annually?
Section 1.03(bX3) of the City Charter provides in pertinent part:
The sale, exchange, conveyance or lease of ten years or longer of the
following properties shall require approval by vote of at least sixty (60)
percent of the City's voters voting thereon in a City-wide referendum: (1)
Convention Center Parking Lofs; All City-owned surfaCe parking lots
located in the Civic and Convention Center District, generally bounded
by Lincoln Lane on the South, Washington Avenue on the East, Meridian
Avenue on the West and Dade Boulevard on the North; (2) Convention
Center Campus: All City-owned property, except for the Convention
Center and Carl Fisher Club House, located within the Civic and
Convention Center District (includes City Hall, 1701 Meridian Street, 555
17th Street, 21sl Street Community Center, The Fillmore Miami
BeachiJackie Gleason Theater, and the 17th Street Parking Garage).
The proposed Leased Property is located within the Convention Center Campus, as
defined by Section 1.03(bX3). The proposed Development and Ground Lease
Agreement is the subject of a companion agenda item being considered at the
September 2,2015 City Commission meeting.
Pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 3,
2015 ballot is September 4,2015. Accordingly, this matter is timely presented to the
City Commission and adoption of the attached Resolution may take place at today's
meeting.
T:\AGENDA\20',lS\September\MBCC Headquarter Hotel\City Atty Comm Memo Ballot Question MBCC Hotel.docx
878
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 3, 2015 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY
SHOULD LEASE 2.65.ACRE PROPERTY AT NORTHEAST CORNER OF 17TH
STREET AND CONVENTION CENTER DRIVE TO PORTMAN MIAMI BEACH
LLC FOR 99 YEARS, REQUIRING, PER RESOLUTION 2015.-,
CONSTRUCTION/OPERATION OF PRIVATELY.FUNDED 8OO ROOM HOTEL
WITH 3OO FOOT HEIGHT LIMIT, CONNECTED TO CONVENTION CENTER VIA
PEDESTRIAN SKYBRIDGE; NO GAMBLING; AND RENT TO CITY AFTER
HOTEL OPENS, INCLUDING GREATER OF: MINIMUM RENT ($12,373,785
OVER FIRST TEN YEARS, ADJUSTED THEREAFTER) OR PERCENTAGE OF
HOTEL'S REVENUES ANNUALLY.
WHEREAS, following a duly noticed first reading/public hearing on July 31, 2015, and a
duly noticed second reading/public hearing on September 2,2015, the Mayor and City
Commission of the City of Miami Beach, Florida adopted Resolution No. 2015-_, a copy
of which is attached hereto and incorporated by reference herein as composite Exhibit "A,"
approving a Development and Ground Lease Agreement with Portman Miami Beach, LLC for
the development of an 800 room convention headquarter hotel and related facilities (the
"Hotel"), on an approximately 2.65-acre site on the northeast corner of 17th Street and
Convention Center Drive, bounded roughly by the Miami Beach Convention Center to the North,
17th Street to the South, The Fillmore Miami Beach at the Jackie Gleason Theater to the East
and Convention Center Drive to the West (the Leased Property"); and
WHEREAS, the Development and Ground Lease Agreement ("Lease"), attached hereto as
Appendix 1 to Exhibit "A," delineates the conditions for the design, construction, equipping and
operation of the Hotel on the Leased Property, with no City funding or financing therefor;
provides for a 99-year term of the Leased Property once certain conditions are satisfied;
prohibits gambling establishments on the Leased Property; and provides for annual base rent to
the City, after the Hotel opens, of the greater of minimum fixed rent or a percentage of the gross
operating revenues of the Hotel, among other rent; and
WHEREAS, pursuant to Section 1.03(bX3) of the City Charter, the Lease is contingent upon
and requires approval by vote of at least sixty (60) sixty percent of the voters voting thereon in a
City-wide referendum; and
WHEREAS, Resolution No. 2015-and the accompanying Lease attached as
879
Appendix 1 to Exhibit "A," has been fully negotiated and is incorporated herein for the purpose
of providing the public with full and complete information regarding the proposed Lease, in
advance of the voter referendum required thereon.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH:
SECTION 1.
ln 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, 2015,
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 said voting precincts in the City of said 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 as set forth in the attached Exhibit "B".
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 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.
880
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:OO
A.M. UNTIL 7:00 P.M. ON THE 3rd DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
Referendum Re: Approval of
City's Lease of City Property for Convention Center Hotel
Should City lease 2.65-acre property at northeast corner of 17th Street and Convention
Center Drive to Portman Miami Beach LLC for 99 years, requiring, per Resolution 2015-
. Construction/operation of privately-funded 800 room Hotel with 300 foot height limit,
connected to Convention Center via pedestrian Skybridge,
. No gambling,
. Rent to City after Hotel opens, including greater of: minimum rent ($12,373,785
over first ten years, adjusted thereafter) or percentage of Hotel's revenues
annually?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 3,
2015, hereby called, shall be in substantially the following form, to-wit:
881
..OFFICIAL BALLOT"
Referendum Re: Approval of Gity's
Lease of Gity Property for Convention Center Hotel
Should City lease 2.65-acre property at northeast corner of 17th Street and Convention
Center Drive to Portman Miami Beach LLC for 99 years, requiring, per Resolution 2015-
Construction/operation of privately-funded 800 room Hotel with 300 foot height limit,
connected to Convention Center via pedestrian Skybridge,
. No gambling,
. Rent to City after Hotel opens,
over first ten years, adjusted
annually?
including greater of: minimum rent ($12,373,785
thereafter) or percentage of Hotel's revenues
YES
NO
SEGTION 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 _, 2015. 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 Office. All questions concerning voter registration should
882
be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th Avenue, Doral, Florida
33172;Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said 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
absentee voting.
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.
lf any section, sentence, clause or phrase 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 ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
2015.
PHILIP LEVINE
MAYOR
APPRO,EDAS Tc)
FORM &I.AI{GUAGE
& FOR EGCI.ITION
.Q*r Cr; t','\'(5
Gnyrffinry fu{, Dde
883
Exhibit "A"
See Agenda ltem R7A
884