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94-21322 Reso RESOLUTION NUMBER 94-21322 A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING AND AUTHORIZING SETTLEMENT OF A DISPUTED PAYMENT IN LIEU OF TAXES BETWEEN THE CITY OF MIAMI BEACH AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, RELATING TO THE PROPERTY AT 200 ALTON ROAD, KNOWN AS THE REBECCA TOWERS NORTH, SUCH SETTLEMENT IN THE AMOUNT OF $28,500, AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED RELEASE AND SATISFACTION OF INDEBETEDNESS. WHEREAS, the Housing Authority of the city of Miami Beach (Housing Authority) is exempt from the payment of real estate and personal property taxes; and WHEREAS, the City of Miami Beach agreed with the Housing Authority to provide municipal services to the properties of the Housing Authority under an Agreement approved by the Mayor and City commission by Resolution No. 78-15670, passed on July 19, 1978; and WHEREAS, that Agreement regarding the Rebecca Towers North Building, located at 200 Alton Road, provides for the payment of an annual fee equal to ten per cent (10%) of the Shelter Rent charged by the Authority in respect to the Project during such fiscal year, or $9,500.00, whichever amount is the lesser, to be paid in lieu of property taxes; and WHEREAS, in July 1990, the City's Internal Audit Department examined City records and could find no evidence that such payments were made for the years from 1978 through 1984; and WHEREAS, the Housing Authority has disputed the existence of this debt, and has asserted that it has previously paid such charges, although it has been unable to provide documentary evidence of such payment(s); and WHEREAS, the Housing Authority has offered to pay to the city the amount of $28,500.00, representing one-half of the disputed amount, to settle this dispute in full, on or before October 1, 1994; and WHEREAS, the City in a spirit of cooperation, wishes to settle this matter in an amicable fashion; and WHEREAS, upon receipt of the aforestated payment, in settlement of the debt under the Agreement, the city will provide the attached Release and Satisfaction of Indebedness (Release), evidencing satisfaction of the Housing Authority's obligation under the Agreement; and L_ WHEREAS, the attached Release shall only release the Housing Authority as to its debt under the Agreement for the years from 1978 through 1984, and shall not release the Housing Authority, nor act as a bar to any of the city's rights and remedies therein, from any liability that the Housing Authority may have as to payment to the City of any other indebtedness. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and city commission approve and authorize settlement of a debt under the Agreement between the City and the Housing Authority of the City of Miami Beach, dated July 19, 1978, covering annual payments in lieu of property taxes, for the property located at 200 Alton Road, known as the Rebecca Towers North, such settlement in the amount of $28,500; and further authorizing the Mayor and City Clerk to execute the attached Release and satisfaction of Indebtedness, to be held by the city Attorney's office until receipt of the $28,500 settlement amount, which shall be due and payable on or before October 1, 1994. PASSED AND ADOPTED THIS 22nd DAY OF Se tember , 1994. ATTEST: ~z.~ CITY CLERK CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~f Cc -qr.f TO: Mayor Seymour Gelber and Mambers of the City Commission FROM: RogerM.carlt-1\...n I - City Manager 'f\~ September 22, 1994 DATE: SUBJECT: RESOLUTION AUTHORIZING SETTLEMENT OF A DEBT UNDER THE CITY'S AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH (HOUSING AUTHORITY) FOR THE PAYMENT IN LIEU OF TAXES FOR THE PERIOD OF 1978 THROUGH 1984, IN THE AMOUNT OF $28,500 ; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EX~CUTE A RELEASE AND SATISFACTION OF INDEBTEDNESS BETWEEN THE CITY AND THE HOUSING AUTHORITY UPON RECEIPT OF THE AGREED-UPON PAYMENT ADMINISTRATION RECOMMENDATION: It is recommended that the Mayor and City commission adopt the attached Resolution authorizing settlement of a disputed debt under the "Agreement for Payments in Lieu of Taxes" entered into on July 19, 1978, for the Rebecca Towers North Apartments, located at 200 Alton Road. Further, it is requested that the Mayor and city Clerk be authorized to execute the attached Satisfaction of Debt upon receipt by the City of the agreed-upon payment in full. BACKGROUND: The Housing Authority of the City of Miami Beach, under the Statutes of the State of Florida, is exempt from all real and personal property taxes. However, in recognition of the costs of the municipal services utilized by the tenants of the Rebecca Towers North Apartments, the Housing Authority and the City, negotiated an agreement entitled: "Agreement for Payments in Lieu of Taxes", entered into on July 19, 1978. This Agreement provides that an annual payment of the lesser of: ten percent (10%) of the shelter rents, or $9,500 should be paid to the city annually. The Agreement ~as approved by Resolution Number 78-15670, passed and adopted on July 19, 1978. The City's Internal Auditor prepared a report on July 16, 1990, and a follow-up report on July 9, 1992 stating that no record could be located of payments of the annual fees due to the City under this Agreement for the period from the inception of the agreement, July 19, 1978, through June 30, 1984. 19 DATE ~-l-G 9 - 22-q~ AGENDA ITEM COMMISSION MEMO SEPTEMBER 22, 1994 PAGE 2 This report reads, in pertinent part, as follows: "A City Internal Audit (Report of July 16, 1990) covering the period July 19, 1978 through June 30, 1990 revealed that the Miami Beach Housing Authority, Inc. could not provide documentary proof of ever making any of the required annual payments of $9, gOO. 00. An examination of city financial records showed no evidence that such payments were ever received. Internal Audit determined that a total of $104,500.00 was due the city. The Housing Authority's escrow agent, Sun Bank in Orlando admitted the error and sent the City a check for $28,500.00 in March 1990 covering the period 1987 through 1989. On July 9, 1990, the bank sent an additional $19,000.00 for the 1985 and 1986 years. A bank official explained that her records only went back as far as 1985. The City received a total of $47,000.00 of the $104,500.00 and Internal Audit took the position that the remaining amount of $57,000.00 (six annual payments of $9,500.00 each) for the period July 19, 1978 through June 30, 1984 is still owed and must be paid by the Miami Beach Housing Authority, Inc. The Authority was sent a City Bill on July 12, 1990, and even with the subsequent involvement of Bea Calstein, the bill still remains unpaid." ANALYSIS: City staff has been working closely with the Housing Authority on the renewal of terms of an Inter-Local Agreement. Toward this end, the City and the Housing Authority have discussed the terms of the outstanding debt under the Agreement on Payment in Lieu of Taxes. Staff from the City's Housing and Community Development Division has successfully negotiated the payment of $28,500.00 or 50% of the disputed amount due for the period from 1975 through 1984 under the Agreement as a final settlement of the outstanding debt. The Executive Director of the Housing Authority has cooperated fully in resolving this matter, and is anxious to comply with the payment requirements. Upon receipt of the payment for the above described settlement, the City will provide a Release and Satisfaction Indebtedness to the Housing Authority, to evidence satisfaction of the obligation under the Agreement. J ." 20 COMMISSION MEMO SEPTEMBER 22, 1994 PAGE 3 CONCLUSION: It is recommended that the Mayor and city commission adopt the attached Resolution authorizing settlement of disputed debt under the "Agreement for payments in Lieu of Taxes", and authorizing the Mayor and City Clerk to execute the attached satisfaction of Debt, upon receipt by the City of the agreed-upon payment in full. RMC/CAH Attachments ~ 0"" ; 21 . RELEASE AND SATISFACTION OF INDEBTEDNESS WHEREAS, the Housing Authority of the City of Miami Beach (Housing AuthorRy) is exempt from the payment of real estate and personal property taxes; and WHEREAS, the City of Miami Beach agreed wRh the Housing AuthorRyto provide municipal services to the properties of the Housing Authority under an Agreement approved by the Mayor and City Commission by Resolution No. 78-15670, passed on July 19,1978 (Agreement); and WHEREAS, that Agreement regarding the Rebecca Towers North Building, located at 200 Mon Road, provides for the payment of an annual fee equal to ten per cent (10%) of the Shelter Rent charged by the Authority In respect to the Project during such fiscal year, or $9,500.00, whichever amount is the lesser, to be paid in lieu of property taxes; and WHEREAS, In July 1990, the City's Internal AudR Department examined City records and could find no evidence that such payments were made for the years from 1978 through 1984; and WHEREAS, the Housing Authority has disputed the existence of this debt, and has asserted that R has previously paid such charges, although R has been unable to provide documentary evidence of such payment(s); and . WHEREAS, the Housing Authority has offered to pay to the City the amount of $28,500.00, representing one-half of the disputed amount, to settle this dispute In full, on or before October 1, 1994; and WHEREAS, the City in a splrR of cooperation, wishes to settle this matter in an amicable fashion; and IN WITNESS WHEREOF, The CITY OF MIAMI BEACH releases the HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, their successors and assigns from the obligation for payment of the sum of $9,500.00 per year for the period from July 19, 1978 through July 30, 1984, under the terms of that certain agreement captioned: 'Agreement for Payment in Lieu of Taxes', dated the 19th day of July, 1978, and approved by Resolution No. 78-15670 of the Mayor and CRy Commission of the CRy of Miami Beach, Florida: 200 Ahon Road, also known as Rebecca Tower North. And satisfies any and all financial obligations under the terms of such instrument and does hereby direct the Director of Finance of the CRy of Miami Beach to record this obligation as fully paid in the Records of the CRy. By: 994. IN WITNESS WHEREOF, this instrument has been executed on ATTEST: ~ck~l~