96-21963 RESO
RESOLUTION NO.
96-21963
A RESOLUTION OF THE MAYOR
THE CI TY OF MIAMI BEACH,
LOCAL BUSINESS RELOCATION
TENANTS.
AND CITY COMMISSION OF
FLORIDA, APPROVING THE
POLICY FOR COMMERCIAL
WHEREAS, two parcels of property, 1575 and 1581 Washington
Avenue, are scheduled for acquisition through negotiations or
eminent domain proceedings; and
WHEREAS, there are several leased commercial operations
located within the aforementioned properties; and
WHEREAS, the City of Miami Beach, in an effort to facilitate
the relocation of these commercial tenants through payment of a
one-time relocation assistance payment; and
WHEREAS, the amount of this payment per commercial tenant
cannot exceed $10,000 and will be based upon documentation of net
annual earnings for the prior two years to be provided by the
tenant; and
WHEREAS, this payment will be equal to the
earnings of the business during the two taxable years
prior to the taxable year during which the displacement
not to exceed $10,000 per commercial tenant.
average net
immediately
occurs, but
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City
Commission of the City of Miami Beach, Florida, that a local
business relocation policy be approved, and that the Mayor and City
Clerk be authorized to execute the Resolution.
Passed and Adopted this 17th
, 1996.
ATTEST:
J?o~r fAA~
CITY CLERK
FORM APPROVED
~~ ~e~t. II
By~
Date ~'/ III f b
LOCAL BUSINESS RELOCATION POLICY
The displaced business may be eligible for the following
payment: a fixed payment equal to the average net earnings of the
business during the two taxable years immediately prior to the
taxable year in which the displacement occurs.
If the business was not in operation for the full two taxable
years prior to displacement, net earnings shall be based on the
actual period of the operation at the displacement site during the
two taxable years prior to displacement, projected to an annual
rate.
Average annual net earnings may be based upon a different
period of time wheL the Agency determines it to be more equitable.
Net earnings are defined to mean any compensation obtained from the
business by it owner, the owner's spouse, and dependents.
The displaced business owner shall furnish the agency proof of
net earnings through income tax returns, certified financial
statements, or other reasonable evidence which the Agency
determines to be satisfactory.
Payments under this procedure shall not be less than $1,000
nor more than $10,000.
LOCAL BUSINESS RELOCATION POLICY
The displaced business may be eligible for the following
payment: a fixed payment equal to the average net earnings of the
business during the two taxable years immediately prior to the
taxable year in which the displacement occurs.
If the business was not in operation for the full two taxable
years prior to displacement, net earnings shall be based on the
actual period of the operation at the displacement site during the
two taxable years prior to displacement, projected to an annual
rate.
Average annual net earnings may be based upon a different
period of time wheL the Agency determines it to be more equitable.
Net earnings are defined to mean any compensation obtained from the
business by it owner, the owner's spouse, and dependents.
The displaced business owner shall furnish the agency proof of
net earnings through income tax returns, certified financial
statements, or other reasonable evidence which the Agency
determines to be satisfactory.
Payments under this procedure shall not be less than $1,000
nor more than $10,000.
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~~S -~L
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE:
April 17, 1996
FROM:
Jose Garcia-Pedrosa ~
City Manager . .
LOCAL eUSlNE RELOCATION POLICY
SUBJECT:
RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
The City of Miami Beach/Miami Beach Redevelopment Agency is
scheduled to acquire two parcels of property on Washington Avenue,
ei ther through negotiations and/or eminent domain proceedings.
These properties, which are located at 1575 and 1581 Washington
Avenue, include several leased commercial operations such as a
pizza parlor, clothing store, conv~nience market and sandwich shop.
In January, 1991 (see attached L.T.C. No. 161-1994), the Miami
Beach Redevelopment Agency (Agency) adopted a local policy
implementing a procedure by which residential and non-residential
tenants of properties being acquired by the Agency would receive
financial compensation in order to facilitate their relocation in
a timely and efficient manner. If the city of Miami Beach acquires
any of the above-referenced property, it would be necessary for a
local business relocation policy to be in place.
Additionally, it is in the best interest of the Agency to modify
the non-residential provisions to include an incentive payment to
commercial tenants in lieu of a payment for actual moving expenses.
Outside Counsel, Tom Goldstein, who is an Assistant County
Attorney, recommended that a business displacement payment be
established to facilitate relocating commercial tenants.
The recommended policy will permit a one-time relocation assistance
payment of up to $10,000 to any business tenant located in a
property being acquired by the Agency. In order to qualify for
this relocation payment, the business must have been operating in
a fully licensed manner, with all appropriate occupational licenses
and permits in good standing. Additionally, copies ~f the federal
AGENDA ITEM--B-.:LL
DATE~
income tax returns for the two years prior to the displacement must
be submitted.
Basically, the displaced business may be eligible for the following
payment: a fixed payment equal to the average net earnings of the
business during the two taxable years immediately prior to the
taxable year in which the displacement occurs. If the business was
not in operation for the full two taxable years prior to
displacement, net earnings shall be based on the actual period of
the operation at the displacement site during the two taxable years
prior to displacement, projected to an annual rate. Average annual
net earnings may be based upon a different period of time when the
Agency determines it to be more equitable. Net earnings are
defined to mean any compensation obtained from the business by it
owner, the owner's spouse, and dependents. The displaced business
owner shall furnish the agency proof of net earnings through income
tax returns, certified financial statements, or other reasonable
evidence which the Agency determines to be s~tisfactory. Payments
under this procedure shall not be less than $1,000 nor more than
$10,000.
ANALYSIS:
Based on the above described criteria, four relocation assistance
payments in a total amount not to exceed $40,000 are anticipated.
These payments will facilitate the displacement of current business
tenants located in the properties at 1575 and 1581 Washington
Avenue, by serving as an incentive to encourage the business owners
to vacate the premises in a timely fashion in exchange for this
financial compensation.
RECOMMENDATION:
It is recommended that the local business relocation policy be
approved and the Mayor and city Clerk be authorized to execute the
Resolution.
JGP:H~MSD:jm
Attachments
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
L.T.C.No.161-1994
LETTER TO COMMISSION
October 21, 1994
TO: Mayor and Members of the City Commission
FROM:
SUBJECT: RELOCATION MATTERS
During the Landlordffenant Commission Workshop of October 20, 1994, concerns were raised
regarding occupants of properties being acquired in the Block 53 land parcels necessary to
complete the Cobb project. Enclosed is the Redevelopment Agency relocation policy as adopted
on January 9, 1991. The Agency will provide relocation assistance for persons who are tenants
in Block 53 in conformance with this policy.
At the suggestion of Commissioner Pearlson, the Administration is reviewing the level of
[mancial assistance offered and at the November 2, 1994 Redevelopment Agency meeting will
report if any changes should be made to the policy.
As you are aware, the mediation regarding Block 53 has been successful and the final format for
the settlement agreement was developed this week. It is anticipated that the document will be
executed by all parties by Monday, October 24, 1994. At that time the Redevelopment Agency
will begin provision of relocation services in accordance with the above policy.
A temporary office will be established, preferably at the South Shore library on Thursday,
October 27th, Monday, October 31st, and Tuesday, November 1st, in order to assist the residents
of the acquired properties. Following initial contact with the displacees, the Redevelopment
Agency will determine if it is necessary to hire a rental real estate expert to assist in the process.
Marla Dumas will serve as the Administration representative in this effort. She will be assisted
by the Legal Department and there will be a Spanish language translator present.. Based on
Marla's experience in administering Uniform Relocation procedures for Dade County, I am
confident that the City will provide an excellent relocation service to these displacees.
RMC:jm
Enclosure
:\1laml Beach
R.dev.lopm.nt Agency
. 1700 Convention Center Drive
Miami Such, Florida 33139
REDBVBLOPHENT AGENCY HEKORANDOH NO. 91-1
January 9, 1991
To:
Chairman and Members
Redevelopment Agen
~
From: Rob W. Parkins
Executive Directo
subject: RELOCATION PLAN :rOR TRB SOtrrB POIBTB REDBVBLOPHEN'r AREA
Pursuant to the provisions of the South Shore Revitalization
Strategy the Miami Beach Redevelopment Agency shall be responsible
for providing relocation services and assistance to those displaced
as a result of Agency sponsored redevelopment projects.
The Redevelopment Agency has formulated a policy that satisfies the
guidelines set forth in the Revitalization Strategy, as well as,
the requirements outlined in the Community Redevelopment Act.
We respectfully submit the attached executive summary, along with
the Relocation Policy, for your review and consideration.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Agency I s Board adopt the
attached Relocation Policy for the Miami Beach Redevelopment
Agency.
RWP:WHH:JD
attachments
~
MIAMI BEACH
REDEVElOPM ENT AGENCY
.J~N · I 1991
RELOCATION POLICY
Executive Sommsl")'
The Redevelopment Agency, in an effort to mitigate the adverse
effects of displacement has developed a comprehensive relocation
plan, in order to assist those residential and commercial tenants
residing or operating a business in the redevelopment area.
Residential tenants will be permitted to remain in their current
unit for a minimum of 60 days. During this period of time the
Agency will assist them in locating comparable housing and the
tenants will not be required to pay rent to the Agency. Upon
notification by the tenant, that they have secured replacement
housing the Agency will provide the tenant with a relocation
benefit equal to twice their normal monthly rent payment at their
current dwelling. Additionally the tenant will receive a
dislocation allowance to cover the costs of reconnecting existing
utilities at their new residence. This payment will be based on
the actual charges incurred.
Non-residential tenants will also be provided with the 60 day rent
free provision and assistance in locating a replacement site for
their business. The non-residential tenant will secure three (3)
bids from local moving companies with the Agency providing payment
in the amount of the lowest bid. The non-residential tenant may
then either contract with the mover of their choice or they may do
a self move. The non-residential tenant will also be provided with
an allowance to cover the additional costs which are incurred
because of the relocation of the business, ie; permit fees,
reconnecting utilities, signage, letterhead, etc.
The plan was written in accordance with current acceptable
standards for relocation activities not mandated under the Uniform
Relocation Act, and meets or exceeds state and Local standards.
Miami Beacn R~ment A;ency
~J.IOoOC
MIAMI BEACH
REDEVELOPMENT AGENCY
, " ~r .. ,
RELOCAnON POUCY
FOR
MIAMI BEACH REDEVELOPMENT AGENCY
L PURPOSE
pursuant to the provisions of the South Shore Revitalization Strategy of the Redevelopment Plan
this document Is to provide a policy statement outlining relocation payments and assistance
available to resldentlal and business tenants and owner occupants that may be permanently
displaced as a result of projects sponsored by the Miami Beach Redevelopment Agency In the
South Polnte Redevelopment Area.
A. RELOCAilON POUCY
It Is the policy of the Agency that persons displaced as a result of redevelopment projects shall
be provided with benefits and services which will Insure that they are not unduly Inconvenienced
by their relocation.
In Implementing this plan, the Agency will provide fair and equitable treatment to those
displaced. Objectives shall be to:
I
1. Provide residents to be displaced with full opportunity to occupy comparable
replacement housing that Is within their ability to pay and adequate for their needs, and
meets all requirements for decent, safe, and sanitary housing, and to the extent possible,
which satisfies their preference with regard to location, view, air, and other
considerations;
2. Carry out project activities In a manner that minimizes hardship to those to be displaced;
3. Provide maximum choices within the available housing supply;
4. Provide relocation assistance In accordance with the needs of those to be displaced, and
through referrals to other agencies, Including the appropriate social services assistance
..
to those who are chronically III, homebound, and In need of support services, counseling
1
M IM-A I BEACH
REDEVELOPMENT AGENCY
\.j:\r~ ,\ 1~1
and follow-up services;
5. Make diligent effort to provide all residents to be displaced with the opportunity to
remain In the project area.
6. Make diligent effort to assure that those displaced do not encounter undue financial or
other hardship through any action by the Agency In carrying out the Redevelopment Plan;
7. Provide business concerns and nonprofit organizations with assistance In establishing
at new locations with minimum delay and loss of earnings.
B. DEANmONS
Aaencv: See Community Redevelopment Agency.
Aoartment Bulldlna: A Building with or without resident supervision occupied or Intended to
be occupied by more than two Families living separately with" separate cookIng facilities In each
unit.
Apartment Hotel: A Building containing both Apartment Units and Hotel Units. under resident
supervision, and having an Inner-lobby through which all tenants must pass to gain access.
Apartment Unit: A room, or group of rooms, occupied or Intended to be occupied as separate
living quarters by one Family and containing Independent cookIng and sleeping facilities. (term
Includes condominium).
Applicant: Any person seeking relocation assistance or relocation benefits.
Buildina: Any Structure having a roof supported by columns or walls for the shelter or enclosure
of Persons or property.
Business: See Commercial Use.
Business Tenant: A tenant who maintains a place for the conduct of business.
Certificate of Occupancv: A document Issued by the Building Official allowing the occupancy
of a Building and certifying that the Structure has been constructed In compliance with all
applicable City codes, regulations and ordinances.
Q.tt: The City of Miami Beach, Florida.
MIAMI BE,'CIl
REDEVELOPMENT AGENCY
2
JMI l,
1991
MEETING
City Commission: The City Commission of the City of Miami Beach, Florid.. the governing body
of the City.
Commercial Use: Any lawful activity where there Is an exchange of goods or services for
monetary gain. Such activities Include but are not limited to, retaJl sales. offices, eating and
drinking establishments, theatres and similar uses, provided such activities are conducted In
compliance with the zoning ordinance and occupational license requirements of the city.
Community Redevelooment Aaencv: The Miami Beach Redevelopment Agency of the City of
Miami ~each, Florida, a public agency created pursuant to Fla. StaL Sec. 163.330 et seq. and
Ordinance No. 78-2115.
Comorehenslve Plan: The document adopted by the City Commission In accordance with the
local Government Comprehensive Planning and Land Development Regulation Act of 1986, as
amended, meeting the requirements of Florida Statute Secs. 163.3177 and 163.3178; principles,
guidelines, and standards for the orderly and balanced Mure economic, social, physical,
environmental, and fiscal development of the City.
Demolition: The partial, substantial, or complete removal or destruction of any Structure,
Building or Improvement.
Develooment: The undertaking of any building or construction, Including new construction,
rehabilitation, renovation or redevelopment, the making of any material changes In the Use or
appearance of property or Structures, the subdivision of land, or any other action for which
Development Approval Is necessary.
Develooment Aareement: An agreement entered Into by the City and the Property Owner with
respect to a project, by which the Development, Use, timing, capital Improvements and other
elements of the project may be specified.
Dwellina: A Building or portion thereof, designed or used exclusively for residential occupancy,
3
MIAMI BEACH
REDEVElOPMENT AGENCY
"Mol !l
1991
but not Including trailers, mobile homes, hotels, boarding and lodging houses, tourist courts, or
tourist homes.
Dwellina Multiele-Famlly: A Building designed for or occupied by three or more families.
Dwelllna Sfncle-Famllv: A Building designed for or occupied exclusively by one Family.
Dwelllna Slncle-Famlly Detached: A Dwelling designed for or occupied exclusively by one
Family surrounded by Yards or other landscape areas on the same lot.
Dwelllna. Two-Family (Duelex}: A Building designed for or occupied exclusively by two Families.
Dwelllnc Unit: A Building or portion thereof designed or used exclusively for a single
housekeeping unit. A single person can qualify as a single housekeeping unit.
Dwelllna Unit. Portable: Any vehicle designed for Use as a conveyance upon the public Streets
and highways and for dwelling or sleeping purposes.
FamilY: An Individual or two or more persons related by blood or marriage, or a group of not
more than three Persons (excluding servants) who need not be related by blood or marriage,
living together as a single housekeeping unit In a Dwelling.
J::i21!!!: A Building occupied or Intended to be occupied by transient residents. with all residents
occupying Hotel Units and where Ingress or egress may or may not be through a common lobby
or office that Is supervised by a person In charge at all times.
Hotel Unit: A room, or group of rooms, with Ingress or egress which mayor may not be through
a common lobby, Intended for rental to transients on a day-to-day, week-to-week. or month-to-
month basis, not Intended for Use or used as a permanent Dwelling. .
Individual: Any Person, corporation, firm, partnership, limited partnership, association, joint
stock association, estate, trust, or business entity.
Miami Beach Prooertv Maintenance Standards: Refers to Miami Beach, Rorlda. Code of the City
of Miami Beach Chapters 17A and 17B (1964) as amended.
MIAMI 8E^CII
REOE.VElOPME.NT AGENCY
,JMI n 1991
4
MEETING
. (".'
_.., t
Non-Residential Unit: As utilized In this document, any living space or living quarter, non-
conforming to the Building or Zoning Code standards of the City of Miami Beach but which Is
occupied by person(s) and which:
I) Lacks complete living, sleeping and eating facilities within the unit, J.e., a
stationary stove with at least two top burners, refrigerator and I kitchen sink;
and/or
II) does not contain complete bathroom facilities In a separate enclosed room
accessible to, and available for the exclusive use of the occupants of that unit
only; and/or
III) substantially falls to meet the def1nltlon and requirement. for a dwelling unit
under the City's Minimum Housing Ordinance Including floor area requirements;
or
Iv) Is a portable dwelling unlL
Occucatlonal Ucense: The required license to conduct business within the City of Miami Beach
pursuant to Chapter 20 of the Code of the City of Miami Beach.
Person: See Individual.
Plan nino and Zonlna Director: The Individual appointed by the City Manager who Is the Director
of the Planning and Zoning Department.
Procertv Owner: The Person or Persons having a legal or equitable Interest In real property,
Including property that Is the subject of a Development Agreement, and Includes the property
owner's successor In Interest.
Redevelooment Area: That portion of the City designated by the City Commission pursuant to
Section 163.330 et seq., Florida Statutes (1969), and amendments thereto.
MIM..t1 BEACII .
P.EDEYELOPMENT ^GWCY
JMI !' 1?91
5
MEETING
RedeveloDment Plan: The South Shore Revitalization Strategy prepared pursuant to Florida
Statutes Section 163.330 et seq., adopted by Ordinance 89-2403 by the City Commission on
February 15, 1984, and constituting the Redevelopment Plan for the Redevelopment Area as well
as the redevelopment element of the City Comprehensive Plan.
Residential Tenant: A Tenant who maintains a single housekeeping unit regardless of the
number of people In the household. A single person can qualify as a household under this
definition.
Residential Unit: See Dwelling Unit.
Roomlna House: A Building other than an Apartment, Apartment Hotel, Hotel, where, for
compensation and by pre-arrangement for definite periods, lodging, meals, or lodging and meals
are provided for three or more persons but not for more than 20 persons.
~: A parcel of land considered as a unit, capable of being occupied by a Use permitted In this
Ordinance, possessing a continuous or unbroken boundary not divided by. public street, rlght-
of -way, private street, or Waterway. Except for properties which are Involved In the Transfer of
Development Rights where the site Is that property within a project that has been approved
under Section 6-29 of this Ordinance.
Sublect PrODertv: A parcel of Improved real property In which there exists one or more dwelling
units or places of business.
Tenant: An occupant of a dwelling or place of business whose rights to possession thereof Is
In exchange for the payment of rent.
Townhome or Townhome Develooment: A grouping of single Family attached or detached units
on one site with each unit having separate Ingress and egress.
Use: Any purpose for which Buildings or other Structures or land may be arranged, designed,
Intended, maintained, or occupied; or any occupation, business, activity, or operatJon carried on
or Intended to be carried on In a Building or other Structure or on land. fAI1\MI UEACH
REOFJf.lOPfAEHT AGEHCY
6
I.),\t~ . \ 1991
MEETING
ZoninG Ordinance: The City of Miami Beach Zoning Ordinance, Ordinance No. 89-2665, as
amended.
.II.EUGIBIUTY
A. The following Individuals and businesses are eligible for assistance under this plan:
1. Residential Tenants who have occupied a r,sldentlal unit for a continuous period of
at least 90 days prior to and on the date on which the Agency acquires title to the subject
property.
2. Business tenants who have occupied a commercial space, as a place of business for
a continuous period of at least 90 days prior to and on the date on which the Agency
acquires title to the subject property, and, duly licensed to engage In a business activity
therein pursuant to the City Codes for the City of Miami Beach.
3. Business owner'-OCcupants who have owned and operated a place of business on the
subject property fOf' at least 90 days prlOf' to and on the date on which the Agency
acquires title to the subject property, and, duly licensed to engage In a business activity
pursuant to the City Code for the City of Miami Beach.
B. The following Individuals or businesses are not eligible for assistance under this plan:
1. Tenants or owner-occuDants who voluntarllv waive rlohts to relocation Dayments or
,
assistance. A fully Informed tenant or owner-occupant with knowledge of the Impending
acquisition of the subject property by the Agency Is deemed to waive relocation
assistance or payments by vacating the demised premises, whether prior to or after the
Agency's acquisition of the property without notifying the Agency.
This Dollcv eXDressly excludes benefits to any Derson or business that may relocate by
self-move In antlclDatlon of the AGency's acquisition or takinG of the demised Dremlses.
2. Residential tenants. transients or tourists who occupy hotels/motels Of' other non-
MIAMI BEACH
REDEVELOPMENT AGENCY
7
JAN 9 1991
lH't'T1 ~I"
residential units on less than an annual basis. Such persons will receive appropriate
advisory services necessary to minimize hardships In adjusting to the required relocation.
3. Residential or business tenants who are evicted for cause. Cause for eviction Is
defined as:
I} The failure to pay rent, unle.. the failure to pay Is based upon the owner's failure
to keep the premises In habitable condition; or
II) maintenance of a nuisance or use of the premises for Illegal purposes; or
III) a material breach of the rental agreement; or
Iv) the eviction Is required by State of Loca' law and beyond the control of the local
government
4. Persons who OCCUDV anv non-resldentlal unit utilized as 8 IIvlna auarter.
III.. GENERALPROVlSIONS APPLYING TO AU.INDMDUALS OR BUSINESSES COVERED UNDER PlAN
1. Procedures for ImalemenUnc Plan The Miami Beach Redevelopment Agency or Its
designees shall be responsible for developing and overseeing the Implementation of this
plan. The Agency will Issue all required notices, make relocation payments and referrals
for other required services.
2. Tlmelv Information The tenant or owner-occupant shall be contacted personally and
when practicable, In writing, and provided Information that fully explains the reason for
the displacement and the relocation assistance available to him/her.
3. Advisory Services The tenant or owner-occupant shall be provided appropriate advisory
services necessary to minimize hardships In adjustJng to the relocation.
4. Advance Notice Unless there Is an urgent need for the property (e.g., emergency
proceedings or substantial danger to health or safety) or the tenant Is evicted for cause,
the tenant or owner-occupant shall given at least sixty (60) days advance notice In writing'
MIAMI BEACII
REDEVELOPMEN r AGENCY
8
JAr~ B l?Ol
MFFmH~
of the earliest date by which he/she must vacate the property. Such notice shall be
accompanied by appropriate referrals to a comparable replacement dwelling or
commercial space.
5. DefinItIon of . ComDarable R.Dlacement Dwelllna shall be:
I) Decent, safe and sanitary housing In conformIty with local codes and HUD's
housing quality standards.
II) In an area that Is not subject to unreasonable adverse env~ronmental condItions;
Is not generally less desirable that the location of the displaced person's dwelling
with respect to public utilities, commercIal and public facilities; and Is reasonably
accessible to the person's place of employment (or to sources of employment,
If the person Is unemployed, but seeking work).
iii) Functionally equivalent to and substantially the same as the vacated unit with
respect to the number of rooms, area of living space and amenities.
The Redevelopment Agency will assure that there will be no discrimination on the
basis of race, color, religion, sex, age or national origin and that
persons or busInesses displaced because of Redevelopment
Agency activities will be treated fairly, consistently and equitably.
IV. SCHEDULE OF MAXIMUM BENEFTTS
1. Residential Tenants - All residential households that meet the eligibility criteria as set
forth In this policy shall receive a "Relocation Benefit" equal to two (2) times the normal
monthly rental payment, as evidenced by the rent rolls, lease or receipts. The benefit Is
limited to one (1) payment per household not per IndIvidual.
In addition, eligIble tenants may receive a "Dislocation Allowance.. This allowance Is
9
MIAMI BEACH
REDEVELOPMENT AGENCY
JM~ H 1991
UCt:"Tllll"
designed to reduce the financial burden of utility reconnectlon charges. In order to
receive this additional benefit the tenant must have had the utility, gas, electric or
telephone service, In the dwelling from which they were displaced and the transferring
the service to the replacement dwelling. The benefit Is limited to the actual charges for
the transferral of service and does not Include deposits or the establishment of new
accounts.
2. Business tenants or owner-occuDants - Any business permanently displaced, shall be
given allowance for actual moving expenses and relocation costs as set forth In Section
A below, Incurred In a relocation of the business. The business owner will be required
to submit, to the Agency, a minimum of three (3) written proposals from licensed moving
companies, with the moving contract to be let to the lowest bidder with the prior approval
of the Agency.
Should the business desire a .self-move., the payment will be based upon the lowest bid
amount. with prior approval of the Agency. The Agency reserves the right to reJect any
and all bids and request new bids If It Is determined that the costs are excessive.
In no event will the moving expense benefit exceed $5,000.
In addition to the actual moving costs, the owner of a displaced business concern may
apply for a related expense payment, to be based upon reasonable costs that the
business Incurred because of the displacement. Such costs may Include, but are not
limited to, replacement of stationery made obsolete because of the displacement, notices
to customers, utility reconnection charges. etc., subject, however. to reasonability of the
.cost based on agency review and verification and when the dislocation necessitates su~h
expenditures.
MIi\f.lI UE^CH
REUEVElOFMENT AGEtlCY
10
JAI~ ~I 1991
MEETING
A. Umltatlons on ellaible relocation costs.
Any business which quallfles as a displaced person herein Is entitled to payment
for such actual moving and related expenses as the Agency determines to be
reasonable and necessary, Including expenses for:
(1) Transportation of tangible personal property utilized In such business
transportation cost for a distance beyond fifty (50) miles are not eligible,
unless the Agency determines that relocation beyond fifty (50) miles Is
Justified.
(2) Packing, crating, unpacking and uncratlng of the personal property.
(3) Disconnecting, removing, reassembling and reinstalling relocated
machinery, equipment and other personal property and trade fixtures.
This Includes connection to utilities available In the premises. It also
Includes modifications to the personal property necessary to adapt It to
the replacement structure, to the replacement site, or to the utlllUes at the
replacement site (Expenses for providing utlllUes from public right of way
to the replacement building or building Improvements are excluded).
(4) Storage of the personal property not to exceed 6 months, unless the
Agency determines that a longer period Is necessary.
(5) Insurance for the replacement value of the personal property In
connection with the move and with necessary storage.
(6) Any license, permit or certificatIon required of the displaced person at the
replacement location. However, the payment may be based only on the
remaining useful life of the existing license, permit or certification.
(7) Relettering signs and replacement stationery on hand at time of
displacement that Is made absolete as a result of the move.
(8) Actual direct loss of tangible personal property Incurred as a result of the
11
M ff..'lll BEACH
REDEVELOPMENr AGENCY
JMI H }O
.91
~
moving or discontinuing of the business where the utlllty or function of
the particular tangible personal property Is destroyed. The payment shall
consist of the lesser of:
(I) The fair market value of the Item for continued use at the
displacement site, less the proceeds from Its sale. (to be eligible
for payment, the claimant must make a good faith effort to sell the
personal property, unless the Agency determines that such effort
Is not necessary. When payment for property loss Is claimed for
goods held for sale, the fair market value shall be based on the
cost of the goods to the business, not the potential selling prlce)i
or
(II) The estimated cost of moving the Item but with no allowance for
storage (If the business I. discontinued, the estimated cost shall
be based on a moving distance of not more than fifty (50) miles).
(9) The displaced Individual or business must provide the Agency reasonable
advance notice of the approximate date of the start of move or disposition
of personal property and a list of the Items to be moved or disposed of.
However, the Agency may waive this notice requirement after having been
given an opportunity of documenting Its relocation file.
(10) The displaced person or business must permit the Agency to make
reasonable and timely Inspections of the personal property at both the
displacement and replacement sites and to monitor the move.
M IM,lI II t ^CII
REDEVELOPMENT ^GEr~CY
B.
Self moves
JMI . I 1~91
12
MEETING
. ...
If the displaced business elects to take full responsibility for all or part of the
move of the business, the Agency may approve a payment for the actual moving
expenses In an amount not to exceed the lowest acceptable bid or estimate
obtained by the Agency or prepared by qualified staff person without submission
of any additional documentation of moving expense. actually Incurred In the
move.
C. Flxed Davment for business movlna eXDenses
Any displaced business, other than outdoor advertising display business or a non
profit organization, Is eligible for a fixed payment In lieu of a payment for actual
moving and related expenses In an amount equal to Its average annual net
earnings as computed as hereinafter provided for but not more than $10,000 If
the Agency determines that:
(1) The business cannot be relocated without a substantlallosa of Its existing
patronage or net earnings; and
(2) The business Is not part of a commercial enterprise having another
establishment which Is not being acquired by the Agency, and which Is
under the same ownership and engaged In the same or similar business
activities; and
(3) The business will have been In continuous operation at the displaced site
for not less than one year preceding and Including the date of
displacement.
(4) The average annual net earnings of a business Is computed as one half of the
total net earnings of the business before federal, state and local Income taxe.
during the two taxable years Immediately prior to the taxable year In which the
~
business was displaced. If the business was not In operation for the full two
MIAMI SEACH
REDEVElOrMENT AGENCY
13
\"AN \1 1991
MFFTINr.
taxable years prior to displacement, net earnings Ihall be bued on the actual
period of operation at the displacement .Ite during the time of operation
Immediately prior to ~Isplacement projected to an annual rate fOf' two yea.... Net
eamlngs Include any compensation obtained from the bUllne.. by Its owner, the
owner's spouse and dependents. The owner of the displaced business shall
furnish the Agency proof of net eamlng through Income tax returns, certified
financial statements" or other reasonable evidence which the Agency, In Its
opinion, determines Is satisfactory.
(5) A displaced business Is not entitled to payment for
L The cost of moving any structure.
b. Interest on any loan to cover moving expenses.
c. Loss of good will.
d. Loss of profits.
e. Loss of trained employee..
f. Any additional operating expense. Incurred because of operating
at a new location.
g. Personal InJury.
h. Legal fees for preparing claims for relocation payment or for
representing claimant before the Agency.
I. Expenses for searching for replacement place of business.
j. Physical changes to real property at the replacement location.
k. Cost for storage for personal property on real property owned or
leased by the displaced person.
V. PAYMEHTPROCEOURES
10.
1. An Individuals or businesses will be required to provide the Agency's staff with
14
MIAMI BEACH
REDEVELOPMENT AGENCY
JAN 9 1991
requested Information. A standard form will be used by the Agency In order to
determine eligibility and benefit amount due, If any.
The Information required by the Agency may Include without limitation:
I. Copy of lease or rental agreement.
II. Copy of rent receipt, canceled checks or written proof of payment of rent.
III. Copy of Deed or other Instrument showing title Interest.
Iv. Copy of business occupational IIcense(s).
v. Copy of certificate of use and occupancy from the City.
vI. Proof of Identity, such as driver'. IIcen.e, .oclal .ecurlty card, voter
registration card, state Identlflcatlon card, passport, birth certlflcate, etc.,
vII. Moving company relocation bids.
vIII. Inventory of household Items and, personal property to be moved.
Ix. Inventory of aU business equipment. fixture, machinery, tools, trade
fixtures and signs to be relocated.
x. Federal and State Income Tax and sale tax returns.
2. Any person found to give false Information may be determined to be Ineligible
and no benefit shall be paid by the Agency.
3. No benefits will be paid to the displaced household or business until such time
as the displaced Individual or business has provided evidence, such as a lease
or a deposit receipt, for the use of the Intended replacement unit to which the
Individual or business seeks to be relocated.
4. Benefit checks must be picked up within fifteen (15) working days from the date of Issue
and notice to the payee. Checks not picked up within the fifteen (15) working day period
will be returned to the Agency and voided. The displaced person or business will be
15
MIAMI BEACH
REDEVELOPMENT AGENCY
JAN 0 1991
required to reapply for the benefit payment.
5. The Agency will honor requests for benefits for sixty ~ day. after the subject property
has been vacated. Requests for payment after the sixty ~ day period will not be
honored.
VL ~RIEVANCE PROCEDURES
Any Individual or buslne.. eligible for relocation beneflla h.. the right to contest the amount of
the payment or the relocation assistance that they received and may file a formal grievance with
the Agency.
Reouest for Aaenev Review - Upon filing a written request the claimant will be provided with the
opportunity to make a presentatJon to the Agency's executive Director, or the executive
Director'S designee, outJlnlng the claimant'. grievance. A review of the claimant'. grievance will
be made within fifteen (15) days of the request for review. Claimant may be accompanied by an
attorney or other advisor at the time of the presentation. The right to request a review shall be
available for no more than sixty (60) days after the actual date of displacement.
Panel Review - Should the claimant disagree with the outcome of the Agency Review, the
claimant may, within seven (7) days of the notJflcat1on of the outcome of the Agency Review, file
for a second review by a panel comprised of the following members: the ExecutJve Director of
the Agency, the general counsel to the Agency or hi. designee, and a member of the Agency's
Board of Directors. The panel shall meet to review the claimant's grievances within fifteen (15)
days of the receipt of the claimant's request. The determination of the panel shall be considered
final and binding on all parties.
M \~M \ BEf\CH
REOPIElOPMUH ~GENC'f
MIAMI [\E^CII
REDEVELOPMENT AGENCY
1472:Relocatlon Form RB1: Rev. 1-4-91
Jf\i1 " 1991
JMI 1091
ME.ET\NG
MEETING
16
. :; :.. a; FLOf(JuA .
.;~UNTY OF DADE ;
.~ ., ..:.',~~~IRD E. SrWWrl,
Secret'lry tn +I.A '" . _
required to reapply for the benefit paymenL
5. The Agency will honor requeata for beneflta for alxty ~ daya aner the aublect property
has been vacated. Requeata for payment alter the alxty ~ day period will not be
honored.
VI. GRIEVANCE PROCEDURES
Any Individual or bualne.. eligIble for ralocaUon beneflb hu the right to conte. the amount of
the payment or Ihe relocation assistance Ihat they receIved and may file a fonnal grIevance with
the Agency.
R eauest for Aaency R IIvlew - Upon flllng a written reque.. the claimant will be provlded with the
opportunlly to make a pr..entatlon 10 the Agency'a Executive Director, or Ihe executive
Dlrector'a de91gnee, outlining the clalmant'a grievance. A review of the clalmant'a grIevance will
be made within fifteen (15) daya of the requeat for review. Claimant may be accompanied by an
attorney or other advisor at the time of the preaantatlon. The rfght to reque.. a review ahall be
available for no more than sixty (60) daya anar the actuaf date of dlaplacement.
Panel Review - Should the claimant dIsagree wIth the outcome of the Agency Review, the
claimant may. within aeven (7) daya of the noUflcatlon of the outcome of the Agancy Review, file
for a aecond review by a panel comprfsed of the following members: the execuUve Director of
lhe Agency, the general counsel to the Agency or hi. de.lgnee, and . member of the Agency'.
Board of Dlrectora. The panel ahall meet to review the claJmant'. grIevance. within fifteen (15)
days of the receipt of the claimant's reque.L The detennlnatJon of the panel ahaIl be conaldertld
final and binding on all partie..
MIAMI 6Ei\C11
REDE'lElOPMEHT ^GEtIC'f
MIAMI BEACII
REDEVElOPMENT AGEIICY
1..n:RetocIitlon For... ..n: Rev. 1~.'1
JI\fI u 1991
,J^N 1991
MEETING
MEETING
16
. ,1: ~ 01 fl.Ok"JA
;;UUHTY OF DADE ~
I, RICHAlID f. DROWN .'
.'."'~vefo""'l!nl 1\ . Se:relltry to Ihe /db"" .._~
, . ~ency 01 lite Coly ot M' 1 -..;;n
.... ,y c~rli/y Ih~1 lhe above lam 8e~dt, Aorlllt, do
: ~:,. '1:1 ~~1 01 Ihp. orit:rRaI ~nd toregom, IS a lru. and
, .... .,.., IlY Ih.. A1j~mi Beach Red I
_ _ .._._ eve opment Al;el1Cy on
--. Ihereot on file In Ihis off
I':u::;.:;~. my h~nd'an" IC'.
c:tP Il~ ~ (he sp.~1 of said Agency lh. /~
... I _A.D. 199-L IS ~ d~v
RtCIW/D E. OIlOWN
Secretary of Ihe Miami Beach Red ,
~ "" of "'3ct~ ........
llY:~~ . (rd., "
Secrelary - r- I
.I