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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO ENFORCE THE TERMS OF THE DECLARATION OF RESTRICTIONS, INCLUDING THE JOB REQUIREMENT, IN CONNECTION WITH THE PAST CONVEYANCE OF PROPERTY LOCATED AT 13200 SW 272 STREET TO AMAZON.COM SERVICES, LLC FOR ECONOMIC DEVELOPMENT PURPOSES; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE A STATUS REPORT TO THIS BOARD WITHIN 30 DAYS; AND DIRECTING THE COUNTY ATTORNEY, IN COORDINATION AND COOPERATION WITH THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE, TO TAKE ANY AND ALL NECESSARY LEGAL ACTION

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WHEREAS, on July 8, 2020, pursuant to Resolution No. R-655-20, this Board approved the sale of land located at 13200 SW 272 Street, Miami, Florida, 33032 and identified by folio numbers 30-6935-000-0400 and 30-6935-0000-0061 (the �Property�) to Amazon.com Services, LLC, a Delaware Limited Liability Company, (�Amazon�) in order to construct and operate a distribution building of no less than 1,000,000 square feet (the �Distribution Facility�) as an economic development conveyance pursuant to Section 125.045, Florida Statutes; and
WHEREAS, as set forth in Resolution No. R-655-20, the County acquired the Property from the United States Air Force pursuant to an Economic Development Conveyance Agreement approved by this Board on July 13, 2004, pursuant to Resolution No. R-909-04, �at no cost, for the purpose of promoting economic development through job creation and new business development in the immediate area of the former Homestead Air Reserve Base; and
WHEREAS, also as set forth in Resolution No. R-655-20, the County sought to convey the Property to Amazon �to industries that will create permanent jobs, attract new businesses, and promote economic development in the Homestead area of Miami-Dade County�; and
WHEREAS, the Property was sold to Amazon pursuant to a deed dated September 14, 2020 and recorded in Official Records Book 32015, Page 4918; and
WHEREAS, the conveyance was made subject to restrictions and requirement set forth in the Declaration of Restrictions recorded in the public records of Miami-Dade County in Official Records Book 32105, Page 4921, such restrictions being applicable for 20 years commencing on September 18, 2020 (the �Term�); and
WHEREAS, since this was an economic development conveyance, the Declaration of Restrictions provided (among other things) that within 36 months from September 18, 2020, Amazon was required to complete construction of the Distribution Facility (the �Completion Deadline�); and
WHEREAS, the Declaration of Restrictions further provided that Amazon, on or before the Completion Deadline, was required to �create, or cause to be created, a minimum of 325 full-time or full-time equivalent permanent jobs on the Property (�Job Amount�) with an average annual salary of no less than the greater of: (i) $32,000.00; and (ii) the then current Living Wage, as determined in accordance with Section 2-8.9 of the Code of Miami-Dade County, Florida (the �Job Salary Amount� and together with the Job Amount, referred to herein as the �Job Requirement�)�; and
WHEREAS, the Declaration of Restrictions also provided that Amazon �shall maintain the Job Requirement during the remaining life of the Term and all such jobs shall remain with the positions filled for the remaining life of the Term�; and
WHEREAS, on November 7, 2023, pursuant to Resolution No. R-974-23, this Board approved an amendment to the Declaration of Restrictions extending the Completion Deadline for one year to September 18, 2024, while also extending the Term for which Amazon must continue to comply with the Declaration of Restrictions to a total of a 21 year period; and
WHEREAS, on March 6, 2026, Amazon announced that it plans to close the existing Distribution Facility on the Property and eliminate approximately 1,000 jobs (the �Existing Jobs�) for a period of two years; and
WHEREAS, this Board finds that the County decided to convey the Property to Amazon and required Amazon�s agreement the terms of the Declaration of Restrictions for the specific purpose of, among other things, creating permanent jobs in the Homestead area for a continuous period of time lasting at least 17 years, commencing the time of the construction of the Distribution Facility and currently expiring in 2041; and
WHEREAS, this Board finds that Amazon�s planned closure of the Distribution Facility on the Property and elimination of the Existing Jobs for two years violates the Job Requirement, the terms and intent of the Declaration of Restrictions, and the purpose of the economic development conveyance to create permanent jobs on the Property for a continuous period of time; and
WHEREAS, accordingly, this Board desires and directs the County Mayor of County Mayor�s designee to take any and all necessary action to enforce the terms of the Declaration of Restrictions in order to ensure compliance with the economic development purpose of the conveyance of the Property (�Enforcement�), either by demand, negotiation, negotiation of an amendment of the existing Declaration of Restrictions, or bringing suit; and
WHEREAS, this Board also desires and directs the County Attorney�s Office, in coordination and cooperation with the County Mayor or Mayor�s designee, to pursue and any and all available legal actions to resolve this matter and accomplish Enforcement,


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Mayor of County Mayor�s designee to (i) take any and all necessary action to enforce the terms of the Declaration of Restrictions in order to ensure compliance with the economic development purpose of the conveyance of the Property, including but not limited to the Job Requirement, either by demand, negotiation, negotiation of amendment(s), or bringing suit, and (ii) provide a report to the Board with a status update on all such action taken, and the status of Amazon�s plans with respect to the distribution facility and the existing jobs, within 30 days of the effective date of this Resolution.
Section 2. Directs the County Attorney�s Office, in coordination and cooperation with the County Mayor or Mayor�s designee, to pursue any and all available legal actions to enforce the economic development purpose of the conveyance of the Property.