2015-29145 Reso RESOLUTION NO. 2015-29145
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA APPROVING, FOLLOWING A
DULY NOTICED PUBLIC HEARING PURSUANT TO SECTIONS 170.07
AND 170.08, FLORIDA STATUTES, THE FINAL ASSESSMENT ROLL
FOR THE SPECIAL ASSESSMENT DISTRICT KNOWN AS THE
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, AND
CONFIRMING SUCH ASSESSMENTS AS LEGAL, VALID, AND
BINDING FIRST LIENS UPON THE PROPERTY AGAINST WHICH
SUCH ASSESSMENTS ARE MADE UNTIL PAID.
WHEREAS, on April 15, 2015, the Mayor and City Commission adopted Resolution No.
2015-28992, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be
known as the Lincoln Road Business Improvement District (the "District"), for a term of ten (10)
years, to stabilize and improve the Lincoln Road retail business district, which is located within a
nationally recognized historic district, through promotion, management, marketing, and other
similar services; and
WHEREAS, on May 20, 2015, the Mayor and City Commission adopted Resolution No.
2015-29026, which called for a special mail ballot election (the "Election") to be held from June
29, 2015 to July 24, 2015, to determine whether a majority of the affected property owners
approved the creation of the District; and
WHEREAS, the affected property owners overwhelmingly approved the creation of the
District; and
WHEREAS, the results of the Election are as follows: 57 ballots were cast in favor of the
creation.of the District, 3 ballots were cast in opposition to the creation of the District, 4 ballots
were rejected as improperly cast, and 12 ballots were not returned; and
WHEREAS, pursuant to Sections 170.07 and 170.08, Florida Statutes, the Mayor and
City Commission held a duly noticed public hearing on September 30, 2015 for the owners of
the property to be assessed or any other interested persons to appear before the Mayor and
City Commission and be heard as to the propriety and advisability of making such
improvements, as to the cost thereof, as to the manner of payment therefor, and as to the
amount thereof to be assessed against each property so improved; and
WHEREAS, following the testimony, the Mayor and City Commission voted to levy the
special assessments; and
WHEREAS, thereafter, pursuant to Section 170.08, Florida Statutes, the City
Commission met as an equalizing board to hear and consider any and all complaints as to the
special assessments and to adjust and equalize the assessments on a basis of justice and right,
following which the Mayor and City Commission approved the final assessment roll; and
WHEREAS, the final assessment roll for the District is attached hereto and incorporated
herein as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that, following a duly noticed public hearing held
on September 30, 2015 pursuant to Sections 170.07 and 170.08, Florida Statutes, the Mayor
and City Commission hereby approve the final assessment roll for the special assessment
district known as the Lincoln Road Business Improvement District, and confirm such
assessments as legal, valid, and binding first liens upon the property against which such
assessments are made until paid.
PASSED and ADOPTED this 30 day of J' e_ levrl b€c 2015.
\ E3 s Philip Levine
ATTEST: ��•' -� .• -$•
14,1:
:INCORPORATED'
Rafael E. Granado °''�a�����o���•�•
City Clerk
APPROVED AS TO
(Sponsored by Commissioner Michael Grieco) FORM& LANGUAGE
& F•R EXECUTI•
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F:\ATTO\KALN\RESOLUTIONS\Lincoln Road BID\Lincoln Road BID Final Assessment Roll Reso.docx
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1915 • 2015
MIAW1BEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
To: Mayor Philip Levine Date: September 30, 2015
Members of the City Commission
From: Raul J. Aguila
City Attorney
8
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING, FOLLOWING A DULY NOTICED PUBLIC
HEARING PURSUANT TO SECTIONS 170.07 AND 170.08, FLORIDA STATUTES,
THE FINAL ASSESSMENT ROLL FOR THE SPECIAL ASSESSMENT DISTRICT
KNOWN AS THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, AND
CONFIRMING SUCH ASSESSMENTS AS LEGAL, VALID, AND BINDING FIRST
LIENS UPON THE PROPERTY AGAINST WHICH SUCH ASSESSMENTS ARE
MADE UNTIL PAID.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING IN SUBSTANTIAL FORM AND
AUTHORIZING THE OFFICE OF THE CITY MANAGER AND OFFICE OF THE
CITY ATTORNEY TO FINALIZE A MEMORANDUM OF UNDERSTANDING WITH
THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC., TO
STABILIZE AND IMPROVE THE LINCOLN ROAD RETAIL BUSINESS DISTRICT,
WHICH IS LOCATED WITHIN A NATIONALLY RECOGNIZED HISTORIC
DISTRICT, THROUGH PROMOTION,MANAGEMENT, MARKETING, AND OTHER
SIMILAR SERVICES; AND, IF SUCCESSFUL, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING ON
BEHALF OF THE CITY.
A. Background
On April 15, 2015, and as sponsored by Commissioner Michael Grieco, the Mayor and City
Commission adopted Resolution No. 2015-28992, which created, pursuant to Chapter 170,
Florida Statutes, and subject to the approval of a majority of the affected property owners, a
special assessment district to be known as the Lincoln Road Business Improvement District (the
"District"), for a term of ten (10) years, to stabilize and improve the Lincoln Road retail business
district, which is located within a nationally recognized historic district, through promotion,
management, marketing, and other similar services.
Agenda Item - D
Date 47- 0-3,_ (r_
-30-I
Lincoln Road BID Resolutions
September 30, 2015
Page 2
On May 20, 2015, the Mayor and City Commission adopted Resolution No. 2015-29026, which
called for a special mail ballot election (the "Election") to be held from June 29, 2015 to July 24,
2015, to determine whether a majority of the affected property owners approved the creation of
the District. The affected property owners overwhelmingly approved the creation of the District.
The results of the Election are as follows: 57 ballots were cast in favor of the creation of the
District, 3 ballots were cast in opposition to the creation of the District, 4 ballots were rejected as
improperly cast, and 12 ballots were not returned.
On July 31, 2015, the Mayor and City Commission approved Resolution No. 2015-29098,
adopting the Official Election Certification of the Canvassing Board for the Election, and setting,
pursuant to Sections 170.07 and 170.08, Florida Statutes, a public hearing on September 30,
2015, for the owners of the property to be assessed or any other interested persons to appear
before the Mayor and City Commission and be heard as to the propriety and advisability of
making such improvements, as to the cost thereof, as to the manner of payment therefor, and
as to the amount thereof to be assessed against each property so improved.
The following Resolutions are submitted for consideration by the Mayor and City Commission:
(1) a Resolution, sponsored by Commissioner Michael Grieco, approving the final assessment
roll for the District; and (2) a Resolution, sponsored by Commissioner Deede Weithorn,
approving in substantial form and authorizing the Office of the City Manager and Office of the
City Attorney to finalize a Memorandum of Understanding with the Lincoln Road Business
Improvement District, Inc.
B. Requirement of a public hearing, pursuant to Chapter 170, Florida Statutes, to levy
the special assessments and approve the final assessment roll
Pursuant to Sections 170.07 and 170.08, Florida Statues, a public hearing is scheduled for
September 30, 2015 at 5:10 p.m., for the owners of the property to be assessed or any other
interested persons to appear before the Mayor and City Commission and be heard as to the
propriety and advisability of making such improvements, as to the cost thereof, as to the manner
of payment therefor, and as to the amount thereof to be assessed against each property so
improved.
Following the public hearing, the Mayor and City Commission shall make a final decision on
whether to levy the special assessments. At that time, the Mayor and City Commission shall
also serve as an "equalizing board" to hear and consider any and all complaints as to the
special assessments, and shall adjust and equalize the assessments on a basis of justice and
right.
When so equalized, and approved by Resolution of the Mayor and City Commission, a final
assessment roll shall be filed with the City Clerk, and the special assessments (as set forth in
the final roll) shall stand confirmed and remain legal, valid, and binding liens upon the property
against which such assessments are made, until paid. The preliminary assessment roll is
attached to the first attached Resolution as Exhibit"A".
C. Memorandum of Understanding
The Lincoln Road Property Owners Association, Inc. is in the process of incorporating a Florida
not-for-profit corporation to be known as the Lincoln Road Business Improvement District, Inc.
(the "LRBID") to administer the District. The City desires to enter into a Memorandum of
Lincoln Road BID Resolutions
September 30, 2015
Page 3
Understanding ("MOU") with the LRBID to set forth, among other things, the obligations of the
LRBID to administer the District, as well as the rights and obligations of the City to collect the
special assessments, conduct an annual review of the LRBID's budget and activities, and audit
the LRBID. The City also desires to enter into the MOU to ensure the LRBID's compliance with
Chapter 170, Florida Statutes; the requirements of the Uniform Special District Accountability
Act, set forth in Chapter 189, Florida Statutes; and Florida Sunshine Law, including, without
limitation, Chapter 286, Florida Statutes. The MOU authorizes the City Manager to, after
consultation with the Executive Committee of the LRBID, appoint an Authorized Representative
as a non-voting, ex officio member of the Board of Directors and Executive Committee of the
LRBID. The City Manager shall have the sole and final authority to select the City's appointee.
The MOU includes, as an exhibit, the draft articles of incorporation and by-laws of the Lincoln
Road Business Improvement District, Inc.
The second attached Resolution approves in substantial form and authorizes the Office of the
City Manager and Office of the City Attorney to finalize the MOU and, if successful, authorizes
the Mayor and City Clerk to execute the MOU on behalf of the City.
F:\ATTO\KALN\RESOLUTIONS\Lincoln Road BID\Lincoln Road BID Memo.docx
EXHIBIT "A"
PRELIMINARY ASSESSMENT ROLL
1. Folios with Lincoln Road Frontage
Folios with frontage on Lincoln Road shall be assessed at two dollars ($2.00) per
square foot. See Assessment Methodologies, attached as Exhibit "B".
No. Property Address Lot S. F. Folio No. (02-3234-) Assessment
1 1111 Lincoln Rd. 48,000 018-0080 $96,000
2 1100 Lincoln Rd.' 44,353 018-0250 $88,706
3 1001 Lincoln Rd. 16,189 018-0070 $32,378
4 1035 Lincoln Rd. 15,000 018-0040 $30,000
5 1031 Lincoln Rd. 3,750 018-0074 $7,500
6 1029 Lincoln Rd. 3,750 018-0050 $7,500
7 1025 Lincoln Rd. 4,631 018-0072 $9,262
8 1023 Lincoln Rd. 4,764 018-0060 $9,528
9 1036 Lincoln Rd. 15,000 002-0090 $30,000
10 1018 Lincoln Rd. 7,500 002-0080 $15,000
11 1000 Lincoln Rd. 16,500 002-0070 $33,000
12 1657 Michigan Ave. 7,500 018-0010 $15,000
13 927 Lincoln Rd. 22,500 018-0020 $45,000
14 901 Lincoln Rd. 15,000 018-0030 $30,000
15 930 Lincoln Rd. 15,000 002-0220 $30,000
16 918 Lincoln Road, #1A2 1,554 076-0010 $3,108
17 920 Lincoln Road, #2A 1,258 076-0020 $2,516
18 922 Lincoln Road, #3A 1,490 076-0030 $2,980
19 910 Lincoln Rd 7,500 002-0200 $15,000
20 900 Lincoln Rd 7,500 002-0190 $15,000
21 825 Lincoln Rd 22,517 007-0550 $45,034
22 801 Lincoln Rd. 22,500 007-0540 $45,000
23 846 Lincoln Rd. 7,500 002-0350 $15,000
24 838 Lincoln Rd. 15,000 002-0340 $30,000
25 818 Lincoln Rd. 7,500 002-0330 $15,000
26 800 Lincoln Rd. 15,000 002-0320 $30,000
27 741 Lincoln Rd. 11,726 007-0491 $23,452
28 719 Lincoln Rd. 18,836 007-0490 $37,672
29 701 Lincoln Rd. 15,000 000-0010 $30,000
1100 Lincoln Road shall be assessed based on the square footage of that portion of
the lot that lies between Lincoln Road and Lincoln Lane South.
2 918, 920, and 922 Lincoln Road form part of a condominium. The common areas
owned by the condominium association shall be excluded from the special assessment
district.
A-1
No. Property Address Lot S. F. Folio No. (02-3234-) Assessment
30 663 Lincoln Rd.3 1,460 219-0010 $2,920
31 665 Lincoln Rd. 1,465 219-0020 $2,930
32 667 Lincoln Rd. 1,089 219-0030 $2,178
33 643 Lincoln Rd. 10,500 000-0030 $21,000
34 635 Lincoln Rd. 5,250 005-0010 $10,500
35 631 Lincoln Rd. 5,250 005-0020 $10,500
36 607 Lincoln Rd. 5,201 005-0030 $10,402
37 605 Lincoln Rd., #1004 3,310 168-0010 $6,620
38 605 Lincoln Rd., #110 2,979 168-0020 $5,958
39 605 Lincoln Rd., #120 3,219 168-0030 $6,438
40 734 Lincoln Rd. 15,000 003-0040 $30,000
41 1646 Euclid 15,000 003-0010 $30,000
42 730 Lincoln Rd. 7,500 003-0030 $15,000
43 720 Lincoln Rd. 7,500 003-0020 $15,000
44 670 Lincoln Rd. 30,000 003-0060 $60,000
45 600 Lincoln Rd. 15,000 003-0050 $30,000
46 551 Lincoln Rd. 15,487 005-0050 $30,974
47 533 Lincoln Rd. 5,250 005-0060 $10,500
48 521 Lincoln Rd. 5,250 005-0070 $10,500
49 511 Lincoln Rd. 5,250 005-0080 $10,500
50 501 Lincoln Rd. 4,987 005-0090 $9,974
51 532 Lincoln Rd. 16,500 003-0100 $33,000
52 530 Lincoln Rd. 7,500 003-0080 $15,000
53 455 Lincoln Rd. 4,987 005-0100 $9,974
54 433 Lincoln Rd. 10,500 005-0110 $21,000
55 421 Lincoln Rd. 10,500 005-0120 $21,000
56 401 Lincoln Rd.5 8,738 072-0010 $17,476
57 1620 Drexel Ave.6 7,000 003-0070 $14,000
58 408 Lincoln Rd.' 55,659 006-0020 $111,318
3 663, 665, and 667 Lincoln Road form part of a condominium. The common areas
owned by the condominium association shall be excluded from the special assessment
district.
4 605 Lincoln Road is a condominium. The common areas owned by the condominium
association shall be excluded from the special assessment district.
5 401 Lincoln Road is a condominium. The common areas owned by the condominium
association shall be excluded from the special assessment district.
6 Only that portion of 1620 Drexel Avenue that is owned or occupied by a religious
institution and used as a place of worship or education shall be excluded from the
special assessment district. The remainder of the property is included in the special
assessment district.
408 Lincoln Road shall be assessed based on the square footage of that portion of the
lot that lies between Lincoln Road and Lincoln Lane South.
A-2
2. Folios without Lincoln Road Frontage
Folios without Lincoln Road frontage shall be assessed at twenty cents ($0.20) per
square foot. See Assessment Methodologies, attached as Exhibit "B".
No. Street Address Lot S. F. Folio (02-3234) Assessment
59 1681 Lenox 16,000 004-0800 $3,200
60 1685 Lenox 8,000 004-0790 $1,600
61 1664 Lenox 4,500 004-0850 $900
62 1666 Lenox 7,500 004-0860 $1,500
63 1056 17 Street 8,000 004-0780 $1,600
64 1000 17 Street 8,000 004-0770 $1,600
65 1680 Michigan, #1008 1,933 178-0010 $387
66 1680 Michigan, #101 676 178-0020 $135
67 1680 Michigan. #103 680 178-0030 $136
68 1691 Michigan 76,500 004-0690 $15,300
69 1699 Jefferson 7,500 007-0610 $1,500
70 1685 Jefferson 7,500 007-0620 $1,500
71 1688 Meridian 11,250 007-0600 $2,250
72 1680 Meridian 11,250 007-0590 $2,250
73 1674 Meridian 8,250 007-0580 $1,650
74 723 N. Lincoln Lane 20,563 007-0520 $4,113
75 1675 Meridian 49,938 007-0530 $9,988
76 1672 Drexel 66,649 000-0930 $13,330
Total for properties with Lincoln Road frontage: 58 Folios $1,363,498
Total for properties without Lincoln Road frontage: 18 Folios $62,739
TOTAL FOR PROPERTIES WITHIN DISTRICT 76 Folios $1,426,237
8 1680 Michigan is a condominium. The common areas owned by the condominium
shall be excluded from the special assessment district.
A-3
EXHIBIT "B"
ASSESSMENT METHODOLOGIES
The following assessment methodologies (i.e., formulas) shall apply to properties within the
District:
1. Property with Lincoln Road frontage
Properties that front Lincoln Road shall be assessed at the rate of two dollars ($2.00) per
square foot of the lot size, based on the size of the ground floor only.
2. Property without Lincoln Road frontage
Properties that do not front Lincoln Road shall be assessed at the rate of twenty cents ($0.20)
per square foot of the lot size, based on the size of the ground floor only.
3. Property owned or occupied by a religious institution
Property owned or occupied by a religious institution and used as a place of worship or
education shall be excluded and exempted from the proposed special assessment district.
Section 170.201(2) defines "religious institution" as any church, synagogue, or other established
physical place for worship at which nonprofit religious services and activities are regularly
conducted and carried on. If any portion of a property owned by a religious institution is not used
as a place of worship or education, that portion of the property shall not be excluded or
exempted from the proposed special assessment district.
4. Property owned by a condominium association
Any common areas owned by condominium associations and located on the ground floor of a
condominium shall be excluded and exempted from the proposed special assessment district.
The following property addresses include common areas owned by condominium associations
and located on the ground floor: 401 Lincoln Road, 605 Lincoln Road, 663-667 Lincoln Road,
918-922 Lincoln Road, and 1680 Michigan Avenue.
5. 408 Lincoln Road and 1110 Lincoln Road
With respect to 408 Lincoln Road and 1110 Lincoln Road, the special assessment shall be
calculated based on the square footage of only that portion of property that lies north of Lincoln
Lane South.
B-1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH,FLORIDA AND THE LINCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT,INC.
This Memorandum of Understanding ("MOU") is hereby entered into as of the
day of , 2015, by and between the City of Miami Beach, Florida, a municipal
corporation organized and existing under Florida law, with principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139 (the "City"), and the Lincoln Road Business
Improvement District, Inc., a Florida not-for-profit corporation with principal offices at 801
Arthur Godfrey Road, Suite 600, Miami Beach, Florida 33140 (the "LRBID") (collectively, the
City and the LRBID may hereinafter be referred to as the"Parties").
RECITALS
WHEREAS, on April 15, 2015, the Mayor and City Commission of the City of Miami
Beach adopted Resolution No. 2015-28992, creating, pursuant to Chapter 170, the Florida
Statutes, and subject further to the approval of a majority of the affected property owners, a
special assessment district to be known as the Lincoln Road Business Improvement District (the
"District"), for a term of ten(10) years, to stabilize and improve the Lincoln Road retail business
district, which is located within a nationally recognized historic district, through promotion,
management, marketing, and other similar services; and
WHEREAS, the District is bounded on the west by Alton Road; on the east by
Washington Avenue; on the north by 17th Street; and on the south by Lincoln Lane South;
provided, however, that the following properties are excluded and exempted from the District: (i)
residential properties; (ii) properties owned or occupied by a religious institution and used as a
place of worship or education (as defined in Section 170.201(2), Florida Statutes); and (iii)
common areas owned by condominium associations; and
WHEREAS, on May 20, 2015, the Mayor and City Commission adopted Resolution No.
2015-29026, which called for a special mail ballot election (the "Election") to be held from June
29, 2015 to July 24, 2015 to determine whether a majority (50% plus one) of the affected
property owners approved the creation of the District; and
WHEREAS, the affected property owners overwhelmingly approved the creation of the
District; and
WHEREAS, the results of the Election are as follows: fifty-seven (57) ballots were cast
in favor of the creation of the District, three (3) ballots were cast in opposition to the creation of
the District, four (4) ballots were rejected as improperly cast, and twelve (12) ballots were not
returned. A copy of the Official Election Certification of the Canvassing Board is attached hereto
as Exhibit"A"; and
WHEREAS, on July 31, 2015, the Mayor and City Commission approved Resolution No.
2015-29098, adopting the Official Election Certification of the Canvassing Board for the
Election, and setting, pursuant to Sections 170.07 and 170.08, Florida Statutes, a public hearing
on September 30, 2015, for the owners of the property to be assessed or any other interested
persons to appear before the Mayor and City Commission and be heard as to the propriety and
advisability of making such improvements, as to the cost thereof, as to the manner of payment
therefor, and as to the amount thereof to be assessed against each property so improved; and
WHEREAS, following the duly noticed hearing on September 30, 2015, the Mayor and
City Commission voted to levy the special assessments; and
WHEREAS, thereafter, pursuant to Section 170.08, Florida Statutes, the Mayor and City
Commission met as an equalizing board to hear and consider any and all complaints as to the
special assessments and to adjust and equalize the assessments on a basis of justice and right,
following which the Mayor and City Commission approved the final assessment roll; and
WHEREAS, the LRBID was organized by filing Articles of Incorporation (the
"Articles") with the Secretary of State of the State of Florida on , 2015
(File No. ); and
WHEREAS, the LRBID shall apply for a tax exemption under Section 501(c)(6) of the
Internal Revenue Code; and
WHEREAS, the City and the LRBID desire to enter into this MOU to set forth the
obligations of the Parties with respect to the administration of the District.
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:
1. Recitals. The Recitals are true and correct and are hereby incorporated into and
made a part of this MOU.
2. Purpose. The purpose of the LRBID is to: (i) stabilize and improve the Lincoln
Road retail business district, which is located within a nationally recognized historic
district, through promotion, management, marketing, and other similar services; (ii)
represent and advocate for the property owners and business owners located within
the boundaries of the District; (iii) promote and encourage the continued
development of a diverse, vibrant and pedestrian-friendly Lincoln Road mixed-use
neighborhood, thereby providing a dynamic setting for businesses, the visiting
public, arts and entertainment, as well as area residents; (iv) serve as a cultural and
civic hub for the community and foster a spirit of cooperation and maintenance of
high standards of quality among its members; and (v) bring transformative projects
into the District. A certified copy of the filed Articles of Incorporation and a draft of
the Bylaws that will be presented for adoption by the first Board of Directors of the
LRBID are attached hereto and incorporated herein as Composite Exhibit"B".
3. Scope of Services. In consideration of the revenue generated by the District from
special assessments, the LRBID shall provide, at a minimum, the services set forth
in the Budget, Budget Narrative, and Summary of Services, attached hereto and
incorporated herein as Composite Exhibit"C".
2
4. Term and Expiration Date. This MOU and the Parties' obligations hereunder shall
commence upon the full execution of this MOU and shall terminate on the earlier of
the expiration of the District, the dissolution of the LRBID, the exercise of any of
the provisions in Section 13 of this MOU, or upon agreement of the Parties.
5. City's Authorized Representative. The City Manager shall, after consultation with
the Executive Committee of the LRBID, appoint an Authorized Representative as a
non-voting, ex-officio member of the Board of Directors and Executive Committee
of the LRBID. Notwithstanding the foregoing sentence, the City Manager shall
have the sole and final authority to select the City's appointee.
6. Collection of Special Assessments. The City shall collect the special assessments
levied to fund the District, in accordance with the following procedure:
a. On or before September 1 of each year, the City shall invoice each
affected property owner for payment of the assessment levied to fund the
District. The assessment shall be payable in one annual installment by
October 1 of each year. Payments shall be made payable to the Finance
Director of the City, or the Finance Director's designee. Notwithstanding
the provisions of this paragraph, for the first fiscal year following the
creation of the District (October 1, 2015 — September 30, 2016), the City
shall invoice each affected property owner by November 1, 2015, and the
assessment shall be payable to the City by December 1, 2015.
b. The City shall remit the assessments collected to the LRBID.
c. Installments not paid when due shall become due and payable in
accordance with statutory provisions and shall remain liens, coequal with
the lien of all state, county, district, and municipal taxes, superior in
dignity to all other liens, titles, and claims, until paid, and shall bear
interest, at such rates as specified in Section 170.09, Florida Statutes.
d. Notwithstanding the provisions of this Section, the LRBID may elect to
transfer the responsibility to collect the assessments from the City to the
Miami-Dade County Property Appraiser, provided that LRBID must first
notify the City in writing of such election on or before April 1 of the
preceding fiscal year.
7. Reimbursement of City's Expenses. LRBID shall reimburse the City for any actual
out-of-pocket expenses incurred by the City in the course of collecting unpaid
assessments, including, without limitation, the cost of recording liens, court costs,
and filing fees. The LRBID shall also reimburse the City for its actual costs of
postage and mailing supplies for invoices and any other notices.
8. Budget. The LRBID shall not have the power to expend funds or obligate the City
for any amount in excess of that provided for in the current budget of the LRBID,
except that the LRBID may enter into contractual commitments scheduled in years
following the then current fiscal year. Any such commitment shall be binding upon
3
the LRBID and shall be included in the budget of the LRBID in any and all fiscal
years in which any payments required to be made thereunder shall become due and
payable. Annually, on or before August 1, the LRBID shall prepare and submit to
the City Commission a budget accurately itemizing all estimated revenue and
expenses for the succeeding fiscal year beginning October 1. The LRBID shall not
expend funds or incur any liability which is not authorized or provided for in its
current budget, or in any amendment thereto, unless as otherwise provided herein.
The LRBID shall operate within, and be bound by, the budget as approved by the
City Commission; provided, the City Commission's review and approval of the
LRBID's budget shall be limited solely to a determination of the legality of the
expenditures.
9. Annual Report to the Mayor and City Commission. Annually, on or before August
1, the LRBID shall, upon request of the City Manager or the City Manager's
designee, provide the City with an annual report detailing the LRBID's activities
during the preceding fiscal year.
10. Uniform Special District Accountability Act. The Parties acknowledge and agree
that the LRBID is a special district as defined in the Uniform Special District
Accountability Act, which is set forth in Chapter 189, Florida Statutes. As such, the
LRBID shall comply with all applicable requirements of Chapter 189, Florida
Statutes, as may be amended from time to time. The LRBID's compliance with
Chapter 189 is a material term of this MOU.
11. Sunshine Law. All meetings of the Executive Committee, Board of Directors, or
g eneral membership of the LRBID shall be publicly noticed and open to the public,
pursuant to Chapter 286, Florida Statutes, as may be amended from time to time.
12. Public Records Law. The LRBID shall be subject to Florida Public Records Law
including, without limitation, Chapter 119, Florida Statutes, as may be amended
from time to time.
13. Termination for Cause. If the LRBID shall fail to fulfill in a timely manner, or
otherwise violates, any of the covenants, agreements, or stipulations material to this
MOU, the City, through its City Manager, shall thereupon have the right to
terminate this MOU for cause. Prior to exercising its option to terminate for cause,
the City shall notify the LRBID of its violation of the particular term(s) of this
MOU, and shall grant LRBID thirty (30) days to cure such default. If such default
remains uncured after thirty (30) days, the City may terminate this MOU without
further notice to LRBID. Upon termination, the City shall be fully discharged from
any and all liabilities, duties, and terms arising out of, or by virtue of, this MOU.
Notwithstanding the above, the LRBID shall not be relieved of liability to the City
for damages sustained by the City by any breach of the MOU by the LRBID. The
City, at its sole option and discretion, shall be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the
4
City's right and remedies against the LRBID. The City shall be entitled to recover
all costs of such actions, including reasonable attorneys' fees.
14. Indemnification. The LRBID agrees to indemnify and hold harmless the City of
Miami Beach and its officers, employees, agents, and contractors, from and against
any and all actions (whether at law or in equity), claims, liabilities, losses, and
expenses, including, but not limited to, attorneys' fees and costs, for personal,
economic, or bodily injury, wrongful death, or loss of or damage to property, which
may arise or be alleged to have arisen from the negligent acts, errors, omissions or
other wrongful conduct of the LRBID, its officers, employees, agents, contractors,
or any other person or entity acting under the LRBID's control or supervision, in
connection with, related to, or as a result of the LRBID's performance of the
services pursuant to this MOU. To that extent, the LRBID shall pay all such claims
and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses, and shall pay all costs and attorneys'
fees expended by the City in the defense of such claims and losses, including
appeals. The provisions of this Section and of this indemnification shall survive
termination or expiration of this MOU.
15. Choice of Law, Venue, and Waiver of Jury Trial. This MOU shall be construed in
accordance with the laws of the State of Florida. This MOU shall be enforceable in
Miami-Dade County, Florida, and if legal action is necessary by either party with
respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for the enforcement of this MOU shall lie in Miami-Dade County, Florida.
By entering into this MOU, the LRBID and the City expressly waive any rights
either party may have to a trial by jury of any civil litigation related to or arising out
of this MOU.
16. Limitation of Liability. The City desires to enter into this MOU only if in so doing
the City can place a limit on the City's liability for any cause of action, for money
damages due to an alleged breach by the City of this MOU, so that its liability for
any such breach never exceeds $100,000. The LRBID hereby expresses its
willingness to enter into this MOU with the LRBID's recovery from the City for any
damages and/or action for breach of contract to be limited to $100,000.
Accordingly, and notwithstanding any other term or condition of this MOU, the
LRBID hereby agrees that the City shall not be liable to the LRBID for damages in
an amount in excess of $100,000, for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon
the City by this MOU.
Nothing contained in this section or elsewhere in this MOU is in any way intended
to be a waiver of the limitation placed upon the City's liability, as set forth in
Section 768.28, Florida Statutes.
17. Audit and Inspections. Upon reasonable verbal or written notice to the LRBID, and
at any time during normal business hours (i.e. 9:00 am — 5:00 pm, Monday through
5
Friday, excluding nationally recognized holidays), and as often as the City Manager
may, in his/her reasonable discretion and judgment, deem necessary, there shall be
made available to the City Manager, and/or such representatives as the City
Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect,
any and all other documents and/or records relating to all matters covered by this
MOU. The LRBID shall maintain any and all such records at its place of business at
the address set forth in the "Notices" section of this MOU. In addition to the
provisions in this Section, the LRBID shall also comply with the audit and reporting
requirements set forth in Chapter 189, Florida Statutes.
18. Independent Contractor/No Joint Venture. This MOU shall not constitute or make
the Parties a partnership or joint venture. For the purposes of this MOU, the LRBID
shall be deemed to be an independent contractor, and not a partner, agent, agency,
department, or ad hoc committee of the City. No agent or employee of LRBID shall
attain any rights or benefits under the Civil Service or Pension Ordinance of the
City, or any right generally afforded classified or unclassified employees, including
annual leave and sick day accrual. Further, no agent or employee of LRBID shall be
deemed entitled to Florida Worker's Compensation Benefits as an employee of the
City or accumulation of sick or annual leave.
19. Notices; All notices and communications in writing required or permitted
hereunder, shall be delivered personally to the representatives of the LRBID and the
City listed below, or may be mailed by U.S. Certified Mail, return receipt requested,
postage prepaid, or by a nationally recognized overnight delivery service.
Unless changed by notice in writing, all such notices and communications shall be
addressed as follows:
To LRBID: Lincoln Road Business Improvement District, Inc.
c/o Ozzie Dominguez
801 Arthur Godfrey Road, Suite 600
Miami Beach, Florida 33140
To the City: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Notice may also be provided to any other address designated by the party to receive
notice if such alternate address is provided via U.S. certified mail, return receipt
requested, hand delivered, or by overnight delivery. In the event an alternate notice
address is properly provided, notice shall be sent to such alternate address in
addition to any other address which notice would otherwise be sent, unless other
delivery instruction is specifically provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of
receipt by either U.S. certified mail or overnight delivery.
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20. Changes and Additions. This MOU cannot be modified or amended without the
express written consent of the parties. No modification, amendment, or alteration of
the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
21. Severability. If any term or provision of this MOU is held invalid or unenforceable,
the remainder of this MOU shall not be affected and every other term and provision
of this MOU shall be valid and be enforced to the fullest extent permitted by law.
22. Entirety of Agreement. The City and LRBID agree that this MOU constitutes the
entire agreement between the parties. This MOU supersedes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein, and there are no commitments, agreements or
understandings concerning the subject matter of this MOU that are not contained in
this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this MOU.
[Signature Page to Follow]
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IN WITNESS WHEREOF,the Parties hereto have affixed their signatures, effective on
the day first above written.
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By By
Rafael Granado, City Clerk \•Philip Levine, Mayor
LINCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT, INC.
By By
Steven Gombinski, President
Print Name/Title
v
8
EXHIBIT"A"
Official Election Certification of the Canvassing Board
A-1
MOB MEININ■
1915•2015
MIAMI BEACH
SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH
FROM JUNE 29, 2015 TO JULY 24, 2015,
TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS
APPROVE THE CREATION OF A SPECIAL ASSESSMENT DISTRICT
TO BE KNOWN AS THE
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT
**OFFICIAL ELECTION CERTIFICATION OF THE CANVASSING BOARD**
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
We, the undersigned, Raul J. Aguila, City Attorney, Nick Kallergis, Assistant City
Attorney, and Rafael E. Granado, City Clerk, constituting the Canvassing Board for the
Special Mail Ballot Election to approve the creation of the Lincoln Road Business
Improvement District, do hereby certify that we met on the 24th day of July 2015, and
proceeded to publicly count the votes cast.
We do hereby certify the results as follows:
Shall a special assessment district known and designated as the Lincoln
Road Business Improvement District (the "District") be created for a term of
ten (10)years,with an estimated annual budget of$1,426,237,to stabilize and
improve the Lincoln Road retail business district, which is located within a
nationally recognized historic district, through promotion, management,
marketing, and other similar services, which district is to be funded by
special assessments against benefited properties?
YES VOTES 57
NO VOTES 3 •
UNRETURNED BALLOTS 12
REJECTED BALLOTS 4
CyATASSING BOARD
Ra I J. Aguila, City Attorney
ick allergis, Assis' -nt i y Attorney
/ c7,-+t-r 2•-i; toIc-
Rafael E. Gr do, City Clerk
Date: July 24, 2015
{
F:I CLER\CLERl000_ELECTION1000_LINCOLN ROAD BID ELECTIONICANVASSING\OFFICIAL CERTIFICATION RESULTS REG.Docx
Composite Exhibit"B"
Articles of Incorporation and
Draft of the Bylaws
B-1
ARTICLES OF INCORPORATION
OF
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.
(A Florida Not For Profit Corporation)
The undersigned, a natural person over the age of 18, hereby files these Articles
of Incorporation of LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.
(hereafter referred to as the "Corporation"), in compliance with Chapter 617,Florida
Statutes, the Florida Not For Profit Corporation Act(the"Act").
ARTICLE I
ORGANIZATION
1.1 Name:
The Corporation shall be known as Lincoln Road Business Improvement District, Inc.
1.2 Offices:
The principal offices of the Corporation shall be located in the State of Florida at such
place or places as the Board of Directors may from time to time, designate. The initial
principal office and mailing address of the Corporation shall be located in care of Lincoln
Road Property Owners Association, Inc., 801 Arthur Godfrey Road, Suite 600, Miami
Beach, Florida, 33140, Attn: Ozzie Dominguez.
ARTICLE II
PURPOSES
The purposes for which the Corporation is organized is to stabilize and improve the
Lincoln Road retail business district in the City of Miami Beach, Florida, which is
located within a nationally recognized historic district (the "District"), through
promotion, management, marketing and other related services. The District is located
within the City of Miami Beach, Florida, and is bounded on the west by Alton Road; on
the east by Washington Avenue; on the north by 17th Street; and on the south by Lincoln
Lane South;provided, however, that the following properties are exempted and excluded
from the District (1) residential properties, (2) properties owned or occupied by a
religious institution and used as a place of worship or education (as defined in Section
170.201(2), Florida Statutes), and (3) common areas owned by condominium
associations. The District is a special assessment district created pursuant to Chapter
170. Florida Statutes, and was approved by majority vote of the property owners located
within those boundaries in the election held from June 19, 2015 through July 24, 2015, in
accordance with Resolution 2015-28992 approved by the City Commission of the City of
Miami Beach, Florida on April 15, 2015.
In furtherance of those purposes, the Corporation shall, without limitation, conduct or
support the following activities:
1) To represent and act as an advocate for the business owners and property owners
located within the boundaries of the District;
2) To stabilize and improve the continued development and maintenance of a
diverse, vibrant, pedestrian-friendly, mixed-use neighborhood, thereby providing an
appropriate setting for businesses, the visiting public, arts and entertainment, as well as
area residents;
3) To promote the District to serve as a cultural and civic hub for the community;
4) To encourage a spirit of cooperation and maintenance of high standards among its
members; and
5) To be an integrating force to bring transformative projects into the District.
The Corporation shall be limited in all events to exempt purposes described in Section
501(c)(6) of the Internal Revenue Code of 1986 (hereinafter, the "Code", which term
shall include the corresponding section of any future federal tax code). The Corporation
may engage only in activities that are either permitted or not prohibited under the laws of
the State of Florida, including Chapter 170, Florida Statutes, and laws of the United
States of America, as such laws are amended from time to time, and that constitute
activities in furtherance of such exempt purposes.
ARTICLE III
TAX EXEMPT STATUS
The Corporation is a not-for-profit corporation organized to provide a broad source of
support for businesses in the District.
It is the express purpose of these Articles of Incorporation to limit the authority, powers
and purposes of the Corporation and to require the Corporation to conform to the
limitations set forth in the Code with reference to organizations which are exempt from
tax under section 501(c)(6) of the Code, and nothing herein shall be construed to grant to
the Corporation any powers or purposes not contemplated and authorized under the Code.
No substantial part of the assets or the net earnings of the Corporation shall inure to the
benefit of, nor be distributed to, any officer, director or member of the Corporation, or to
any other private person, in such a fashion as to constitute an application of funds not
within the purpose of exempt organizations described in the Code. However,
reimbursement for expenditures or the payment of reasonable compensation for services
rendered to the Corporation shall not be deemed to be a distribution of earnings or assets.
The Corporation shall be entitled to make distributions to another not-for-profit entity
which is qualified as an exempt organization under Section 501(c)(6) of the Code.
2
In the event of the complete or partial liquidation or dissolution of the Corporation,
whether voluntary or involuntary, the balance of all money and other property received
by the Corporation from any source, after the payment of all debts and obligations of the
Corporation, shall be used or distributed as proved by law to one or more not-for-profit
organizations or the City of Miami Beach, Florida (as determined by the Corporation), as
described in the Code. Any such assets not so disposed of shall be disposed by the
Circuit Court of Miami-Dade County, Florida, exclusively for such purposes or to such
organizations, as said court shall determine, which are organized and operated
exclusively for such purposes.
The Corporation will distribute its income for each tax year at a time and in a manner as
not to become subject to the tax on undistributed income imposed by Section 4942 of the
Code; the Corporation will not engage in any act of self-dealing as defined in Section
4941(d) of the Code; the Corporation will not retain any excess business holdings as
defined in Section 4943(c) of the Code; the Corporation will not make any investments in
a manner as to subject it to tax under Section 4944 of the Code; and the Corporation will
not make any taxable expenditures as defined in section 4945 of the Code.
ARTICLE IV
MEMBERSHIP AND CORPORATE EXISTENCE
The Corporation shall have members the qualification for which shall be set forth in the
By-Laws of the Corporation. The Corporation shall have perpetual existence.
ARTICLE V
BY-LAWS
The initial By-Laws of the Corporation shall be adopted by the first Board of Directors of
the Corporation. Thereafter, the power to amend, alter or repeal any part or all of the By-
Laws of the Corporation shall be vested in the Board of Directors of the Corporation
unless otherwise provided in the By-Laws of the Corporation.
ARTICLE VI
DIRECTORS
The qualifications, manner of election, duties, terms and other matters relating to
the Board of Directors of the Corporation shall be provided in the By-Laws of the
Corporation as amended from time to time in accordance therewith. The first Board of
Directors of the Corporation shall be elected by the Incorporator.
3
ARTICLE VII
INDEMNIFICATION OF OFFICERS AND DIRECTORS
Each person who acts as a director or officer of the Corporation shall be indemnified as
and to the extent, provided in the By-Laws of the Corporation.
ARTICLE VIII
REGISTERED OFFICE AND AGENT
The mailing address of the initial registered office of the Corporation is c/o Stearns
Weaver Miller Weissler Alhadeff& Sitterson, P.A., Museum Tower, 150 West Flagler
Street, Suite 2200, Miami, Florida, 33130. The name of the initial registered agent at this
office is Stuart D. Ames. The Board of Directors of the Corporation may from time to
time designate such other person as its registered agent or such other address and place
for the registered office of the Corporation as it may deem appropriate.
ARTICLE IX
INITIAL INCORPORATOR
The Initial Incorporator of the Corporation who is executing these Articles of
Incorporation is Steven Gombinski, whose address is 3737 Collins Avenue, Suite 1504,
Miami Beach, Florida, 33140.
The undersigned Incorporator has executed these Articles of Incorporation as of
September , 2015.
Steven Gombinski, Incorporator
4
ACCEPTANCE OF APPOINTMENT
As
REGISTERED AGENT
Having been named as registered agent for the above-named corporation at the
place designated in these Articles of Incorporation, I hereby accept the appointment as
registered agent and agree to act in this capacity. I further agree to comply with the
provisions of all statutes relating to the proper and complete performance of my duties,
and I am familiar with and accept the obligations of my position as registered agent as
provided for in Chapter 617,Florida Statutes.
Stuart D. Ames, Registered Agent
Dated: September , 2015
5
42000.0001 #4454197 v5
9/16/2015 3:04 PM
As adopted by the Board of Directors of the Corporation on September , 2015
BY-LAWS
Of
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.
(A Florida Not-for-Profit Corporation)
Section 1. Definitions, Purposes and Powers.
1.1 Name. The name of this Corporation shall be LINCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT, INC. It is a not-for-profit corporation organized and existing
under the laws of the State of Florida.
1.2 Definitions. The quoted terms set forth below.will have the following meanings
unless otherwise required by the context in which they may be:used:
1.2.1 "Act" means the Florida Not,for Profit Corporation Act, Chapter 617,
Florida Statutes.
•
1.2.2 "Authorized Owner Representative" means, at any time, a natural person
who at such time has been designated in writing to the Corporation by a Member as the person
who is authorized to represent such Member in all matters'either relating to or affecting the
Corporation, including but not limited to;;voting; provided that such person is an executive
officer, shareholder, partner or manager witli direct operational responsibility for the business of
the Member conducted on such property.
1.2.3 "Authorized Tenant Representative" means, at any time, a natural person
who at such time has been designated in writing to the Corporation by a retail ground floor
tenant or restaurant' in the/District as the person who is authorized to represent such
tenant or operator in all matters either relating to,dr affecting the Corporation; provided such
person is an~executive officer, shareholder, partner or manager with direct operational
responsibility for the business of the of such tenant or restaurant operator conducted in the
District.
1.2.4 "Articles of Incorporation" means the Articles of Incorporation of the
Corporation'filed,with the Department of State of Florida on the day of September, 2015,
and any amendments thereto.;'
1.2.5` .., "Board of Directors" means the Board of Directors of the Corporation
elected as provided in these By-Laws.
1.2.6 "Code" means the Internal Revenue Code of 1986, as amended, or the
corresponding provision of any future United States Internal Revenue Law.
1.2.7 "Corporation" means Lincoln Road Business Improvement District, Inc., a
Florida not-for-profit corporation.
1.2.8 "Director" means an individual who is a member of the Board as
described in Section 4.
1.2.9 "District" has the meaning specified in the Articles of Incorporation.
1.2.10 "Entire Board" means, at any time, the total number of then authorized
Directors, assuming no vacancies.
1.2.11 "Executive Committee" means the committee of the Board constituted as
provided in Section 5.1.
1.2.12 "Majority" means in excess of 50 percent of the applicable total number.
1.2.13 "Member" means an individual or entity who/which\qualifies as a Member
in accordance with Section 3.
1.2.14 "Officer"means one or more of the positions described in Section 7.
1.2.15 "President" means the President,of the'Corporation as set forth in Section
7.5.1.
1.2.16 "State"means the State of Florida:
The above definitions shall be equally applicable to the singular and plural forms thereof
References in these By-Laws to "Section" means a section of these By-Laws unless otherwise
indicated.
1.3 Statement of Purpose. The Corporation is organized and to be operated as a
business league within the meaning of Section,501(c)(6),of the Code. The purposes of the
Corporation shall be to (i) promote and foster the District as a center of culture and commerce
in the City of Miami Beach, Florida; (ii) to represent and act as an advocate for the business
owners and property owners located within the boundaries of the District; (iii) to stabilize and
improve the District through marketing, management, promotion and other similar services; and
(iv) to pursue any other lawful'activit either er ermitted or not prohibited by Chapter 170 of the
activity e permitted Y p
Florida Statutes, as a mended'from.,time to time, or other applicable Florida law. In furtherance
of this purpose, the Corporation will work toward creating a favorable environment which will
increase commercial and cultural activity within the District. The Corporation will encourage a
spirit of cooperation and maintenance of high standards among its Members.
1.4 ' ,Powers of the Corporation. Except as limited by the Articles of Incorporation
and these By-Laws,the Corporation shall have and exercise all rights and powers in furtherance
of its purposes as are now or may hereafter be conferred on not-for-profit corporations pursuant
to the Act and in accordance with other applicable law.
1.5 Limitations on Activities.
(a) No part of the net earnings of the Corporation shall inure to the benefit of,
or be distributable to any Member, Director or Officer or any other private individual (except
that reasonable compensation may be paid for services rendered to or for the Corporation in
effectuating one or more of its purposes), and no Member, Director or Officer, or any other
private individual, will be entitled to share in the distribution of any of the corporate assets upon
dissolution of the Corporation.
2
(b) Notwithstanding any other provision of the Articles of Incorporation or
these By-Laws, the Corporation shall not conduct or carry on any activities not permitted to be
conducted or carried on by an organization exempt from taxation under Section 501(c)(6) of the
Code.
Upon the dissolution of the Corporation, the Board, after paying or making provisions for the
payment of all of the liabilities of the Corporation out of the assets thereof, shall distribute all
residual assets of the Corporation to such organization or organizations, which are exempt under
Section 501(c)(6) of the Code and are engaged in activities of the type described in Section 1.3,
including the City of Miami Beach, Florida. Any assets not so disposed of shall be disposed of
by a court of competent jurisdiction exclusively for such purposes, or to such organization or
organizations organized and operated exclusively for such purposes;as said court determines.
Section 2. Offices and Registered Agent.
The Corporation shall have and continuously maintain in the State.\a\registered office
and registered agent (whose office will be identical with such,registered office) and may have
such other offices within or without the State as the-Board may from time to time determine.
Section 3. Membership.
3.1 Qualification. Members shall consist of the owners of any parcel of real property
located in the District except for owners of (i) residential property; (ii) properties owned or
occupied by a religious institution and used as a place of worship or education (as defined in
Section 170.201(2), Florida Statutes); and (iii),=common areas owned by condominium
associations.
3.2 Voting Rights. Each voting Member shall have one vote for each tax folio for
each property it ownsin the District. In the case of a Member which is not a natural person,
such Member shall designate an Authorized Owner Representative as the person who shall
exercise such Member's right to vote as~a-Member. Only owners of real property located within
the District who are current in payment of their District tax assessments shall be entitled to vote.
Voting by proxy and by absentee ballot shall be permissible in any election of Directors or on
any other matter to be voted upon by,Members entitled to vote.
3.3\ Meetings of'Members. The annual meeting of the Members shall be held at a
time and place to be determined by the Executive Committee within sixty (60) days of the end
of each fiscal year._ Only voting Members shall be entitled to notice of the annual meeting. The
Secretary of the Corporation shall send notice of the time and place of each annual meeting of
the Corporation to each voting Member at least thirty (30) days prior to the date set for the
meeting. In lieu of mailing such notice, the Executive Committee may authorize electronic mail
delivery as provided in Section 8.10.1. At the annual meeting, the Members shall: (i) hear
reports from the Board, the President and the Executive Director, (ii) elect Directors for the
ensuing year, and (iii) transact such other business as may lawfully come before the meeting. In
addition, special meetings of the Members for any purpose may be called at any time upon
written notice mailed at least ten (10) days in advance of such meeting. Such special meetings
shall be called at the instance of a majority of the Executive Committee, a majority of the Board
or upon written request of twenty percent (20%) or more of the voting Members. A quorum for
the conduct of business at any meeting of the Members shall consist of forty percent (40%) of
3
the voting Members present in person, or represented by proxies and absentee ballots, at the
meeting.
3.4 Telephonic Participation in a Meeting. One or more Members (including
Authorized Owner Representatives) may participate in a meeting of Members by means of a
conference telephone or similar communications equipment by means of which all persons
participating in the meeting can communicate with each other at the same time. Participation in
a meeting pursuant to the foregoing sentence shall constitute presence in person at such
meeting.
Section 4. Board of Directors.
4.1 General Powers. All of the business and affairs of the Corporation shall be
managed by, and under the direction of, the Board in a manner consistent with the Act, these
By-Laws and other applicable laws and regulations.- The Board shall make appropriate
delegations of authority to the Officers.
4.2 Qualifications of Directors. Directors need not be residents'of the State or
Members;provided that each Director shall be at least eighteen-(18) years of age'at the time of
election.
4.3 Number and Classification of Directors. The`Board shall consist of eleven (11)
voting Directors and up to five (5) ex officio, non-voting Directors. At least nine (9) Directors
must be Members or Authorized Owner Representatives, and up to two (2) Directors may be
retail ground floor tenants or restaurant'`.operators~ in the District or Authorized Tenant
Representatives. The total number of Directors, including those who vote and those who do not
vote, shall be determined from time to time by majority vote of the Entire Board upon the
recommendation of the`Executive Committee. No reduction in the number of voting Directors
shall shorten the`'term:, of any incumbent voting Director. The voting Directors shall be
classified with respect to their.,terms of office by dividing them into three classes consisting, as
nearly as possible, of an equal number of the voting Directors. Each voting Director shall hold
office until his successor.shall have been elected and qualified or until his earlier resignation,
removal from office or death. At each_annual election, the successors to the class of Directors
whose terms shall expire that year shall be elected to hold office for a term of three (3) years, so
that the terry \of office of`one class of Directors shall expire in each year Each ex officio
Director, except the City's Authorized Representative (as defined in Section 4.4(b) herein),
shall serve at\the`pleasure of the Board but in no event longer than such person holds the
position that result in his;:becoming an ex-officio Director. For example, if the Executive
Director's employment with the Corporation terminates for any reason whatsoever, he shall
cease being an ex officio Director.
4.4 Composition of Board of Directors. Each voting Director shall be a person who
is either (i) a Member, (ii) an Authorized Owner Representative, (iii) a retail ground floor tenant
or restaurant operator in the District or (iv) an Authorized Tenant Representative. The non-
voting ex officio Directors shall be composed of:
(a) The Executive Director of the Corporation;
4
(b) The City's Authorized Representative, who shall be appointed by the City
Manager, in his or her sole discretion and authority, after consultation with the Executive
Committee and the Board; and
(c) Three (3) other persons appointed by the Executive Committee.
4.5 Election of Directors.
4.5.1 Nominating There shall be a Nominating Committee (the "Nominating
Committee") consisting of three (3) members of the Executive committee chosen by the
President and approved by the Executive Committee plus one (1) Director_who is not a member
of the Executive Committee plus one (1) Member who is not a:Director. The Nominating
Committee shall nominate individuals to serve on the Board.
4.5.2 Inspectors of Election. The President shall appoint three (3) individuals,
who may be Members, Directors, Officers or Corporation staff personnel, chosen by the
President and approved by the Executive Committee(collectively, the "Inspectors, of Election").
The same persons who serve on the Nominating Committee may also be Inspectors of Election;
however, no nominee for any office shall be eligible to serve as an inspector;:of election in
connection with any election in which such nominee is a`candidate for office.
4.5.3 Procedure. No later than forty-five (45)\days prior to the annual meeting
of Members, the Nominating Committee shall<meet and consider nominations for the position of
Director: No person shall be nominated by the'Nominating Committee unless the Nominating
Committee shall have first obtained that person's consent in writing to run if nominated and to
serve if elected.
(a). Nominations for Directors also may be made by a petition of the
Members delivered f'to the Secretary/Treasurer of the Corporation not later than thirty (30) days
prior to the annual meeting,and/signed by fifteen,,(15) Members. Such a petition shall bear the
written acceptance of the person so nominated. The nominations contained in such petition shall
be included in the ballot for the annual meeting.
(b))', No later than twenty (20) days prior to the annual meeting, the
Secretary the Corporation or the Inspectors of Election shall cause to be prepared for mailing
to all Members'entitled to vote,'ballots listing the number of Director positions to be filled at the
election, with the names of all:candidates. The ballots shall also allow for a voting Member to
write in additional,,candidates for Director on the ballot and to cast a vote for the additional
candidate or candidates so.-written in.
`(c) In addition to the ballots, the Secretary shall also mail to each
Member entitled to vote (i) a blank envelope in which said Member's marked ballot shall be
enclosed and (ii) a return addressed envelope that the Member shall sign and put said Member's
name and return address so that each envelope can be checked to determine that the ballot has
been returned by a Member who is eligible to vote. All such envelopes which shall be received
by the Corporation not later than the commencement of the annual meeting, including those
delivered by hand, shall be turned over to the Inspectors of Election. The Inspectors of Election
shall verify the eligibility of the senders, open the mailing envelopes and cause the ballots
contained therein to be tabulated. In addition, any Member may receive a ballot and vote in
5
person at the annual meeting. The Inspectors of Election shall maintain a list of those Members
who shall have voted as evidenced by the receipt of their ballot envelopes. The Inspectors of
Election shall tabulate the ballots at the annual meeting and the candidates receiving the greatest
number of votes, up to the number of Directors to be elected, shall be the Directors and declared
duly elected effective at the time that the ballots are tabulated. The results of the balloting shall
be formally announced by the President at the annual meeting of Members.
4.6 Term of Office for Directors. Each Director shall serve for a term of three (3)
years except as otherwise provided in Section 4.3. Directors may serve a maximum of two (2)
consecutive terms (for an aggregate term of six (6) years), unless such limitation is waived by a
majority of the members of the Executive Committee; provided, however, that, subject to the
limitation in Section 4.14, a person who is elected by the Board to fill a vacancy on the Board,
who will serve to the next annual meeting may serve for up to two (2) consecutive three-year
terms thereafter. After being off the Board for one (1) year,.a former Director shall again be
eligible for nomination and election to the Board. The provisions of this paragraph shall not
apply to the C'ity's Authorized Representative.
4.7 Regular Meetings. Regular meetings of the Board shall be held not less than
four (4) times a year (with at least one (1) meeting in each quarter-annual period), at such times
and places in Miami Beach, Florida as the Executive Committee may determine. The first
regular meeting of the Board shall be held within sixty (60)'days,after the election of Directors.
4.8 Special Meetings. Special meetings of the Board may be called by or at the
direction of either the President, Vice-President or upon the written request of six (6) Directors,
such meeting to be held at such time and'place''as will be designated in the notice thereof,
provided that the place of special of the Board shall be in Miami Beach, Florida.
4.9 Notice. Except as otherwise provided herein, notice of the time and place of any
regular or special meeting'of the Board shall be provided to each Member and Director at least
three (3) days prior to such meeting in writing,..by facsimile/telefax, electronic mail or posting
to the Corporation's-internet,website, or by_telephone or word of mouth, provided that the
giving of any oral notice\.shall be recorded in the minutes of the meeting by statement of the
Officer,,"Director or employee giving such notice. Any Director may waive notice of any
meeting,. The attendance of a Director=at any meeting shall constitute a waiver of notice of such
,
meeting by that Director, except where the Director attends a meeting for the express purpose of
objecting to‘thetransaction of any business on the ground that the meeting is not lawfully called
or convened. Neither the business to be transacted at, nor the purpose of, any regular or special
meeting of the Board need=be specified in the waiver of notice of such meeting. Notice shall
also be posted in a conspicuous place in the office of the Corporation.
4.10 Quorum. The greater of (i) six (6) or (ii) a majority of the Directors shall
constitute a quorum for the transaction of business at any meeting of the Board, unless
otherwise specifically provided by law, the Articles of Incorporation or these By-Laws.
Attendance shall be either in person or by telephone connection whereby the distant member(s)
and those members present in person all hear and may speak to and be heard by one another on
the matters raised therein. If less than a majority of the Directors are present at such meeting,
one-third (1/3) of the Directors actually present may adjourn the meeting from time to time
without further notice, until a quorum is present.
6
4.11 Manner of Acting.
4.11.1 Formal Action by Board. The act of the majority, but in no event less than
five (5), Directors present at a meeting at which a quorum is present shall be the act of the Board,
unless the act of a greater number is required by the Act, the Articles of Incorporation or these
By-Laws.
4.11.2 Action by Board without a Meeting. No action of the Board shall be valid
unless taken at a meeting at which a quorum is present, except that any action which may be
taken at a meeting of the Board may be taken without a meeting if consent in writing (setting
forth the action so taken) is signed by all Directors.
4.11.3 Telephonic Participation in a Meeting.,. 'One or more Directors may
participate in a meeting by means of a conference telephone or similar communications
equipment b means of which all persons participating in g,,can,communicate with
each other at the same time Participation in a meeting pursuant to the foregoing sentence shall
constitute presence in person at such meeting.
4.12 Resignations and Removal. Any Director may'iesign from the Board at any time
by giving written notice to the President or the Secretary and unless otherwise specified therein,
the acceptance of such resignation will.,not be necessary to 'make it effective. Any Director
other than the City's Authorized Representative may be removed from office at any time with
or without cause by a vote of two-thirds\(2/3) of the Entire Board at a meeting called for that
specific purpose. If a Director (except for the City's-.Authorized Representative) is absent
without adequate reason, as determined by the President, two (2) consecutive meetings of
the Board, such Director,may4be removed from office by a'majority vote of the Entire Board.
4.13 Proxies Prohibited. A Director may not vote by proxy.
4.14 Vacancies., Any vacancy occurring:in the membership of the Board will be filled
by a majority vote of the Board, and such appointee shall serve as Director until the next annual
meeting at which time the Members shall elect a new Director to fill the remaining unexpired
term of such Director's predecessor in office.
4:15 ',, Compensation Directors, as such, will not receive any stated salaries for their
services, but;by resolution of the Board may receive a reasonable amount for attending to their
authorized duties,provided, ;however, that subject to the provisions herein concerning self-
dealing, nothing herein contained will be construed to preclude any Director from serving the
Corporation in any other capacity and receiving compensation therefor subject to the
requirements set forth,in Section 8.1.
Section 5. Executive Committee.
5.1 Composition and Election. There shall be an Executive Committee consisting of
the President, Vice President, Secretary and Treasurer of the Corporation, the City's Authorized
Representative, and one non-officer Director to be elected annually by the Board at its annual
meeting;provided, however, that each voting member of the Executive Committee shall either
be a property owner within the District or a principal owner of an entity which is a property
7
owner within the District. The Executive Director of the Corporation and the City's Authorized
Representative shall serve as ex officio (non-voting) members of the Executive Committee.
5.2 Authority and Restriction. The Executive Committee shall be responsible for
carrying out the overall program of the Corporation within the policy as set forth by the Board
and shall appoint all committees (other than the Executive Committee) of the Corporation. The
Executive Committee shall exercise the full powers of the Board in the management of the
Corporation during periods between meetings of the Board, except for those actions prohibited
to such committee by these By-Laws or the Act. In particular, the Executive Committee shall
not have the power to amend these By-Laws or the Articles of Incorporation or appoint Officers
of the Corporation. In addition, any powers authorized herein to be.exercised by the Executive
Committee may be also exercised by the Board at a duly constituted meeting. All significant
actions taken by the Executive Committee shall be brought to the attention of the Board at the
next succeeding meeting of the Board.
5.3 Term and Vacancies. Members of the Executive Committee, except for the
Executive Director of the Corporation and the .City's Authorized Representative, shall hold
office for a period of one (1) year or until their.\successors are duly elected and qualified.
Vacancies on the Executive Committee may be filled by,the Board at any meeting, or in the
interim between meetings of the Board, may be filled temporarily by the President until the next
regularly scheduled meeting of the Board
5.4 Quorum and Voting. A majority of the members of the Executive Committee
shall constitute a quorum at any duly called;meeting of the Executive Committee. The majority
vote, but in no event less than three (3), of those,members of the Executive Committee present
at a meeting at which a quorum is participating shall constitute the act of the Committee.
Attendance at any meeting of the,Executive Committee may be by conference telephone or
similar communications.,equipment in the manner,provided in Section 4.11.3 for Board
meetings. The Executive Committee shall establish its own rules and procedures for matters not
covered by these ,
5.5 Meetings Regular meetings of the Executive Committee shall be held monthly
or as often as is necessary to conduct'the%affairs of the Corporation at such times and places as
theyPresident may determine;'special meetings may be called at any time by the President or any
three (3) other,members of the Executive Committee. The Secretary shall cause written notice
(including by facsimile, telefax, electronic mail or posting on the Corporation's interne
website) or telephonic or word of mouth notice of the time and place of all regular and special
meetings of the Executive;Committee to be delivered, at least three (3) days prior to the date of
such meeting, to each,member of the Executive Committee at such address, facsimile/telefax or
telephone numbers as/shall appear on the records of the Corporation. Each Notice shall also be
posted in a conspicuous place in the office of the Corporation. If the Board authorizes the use
of electronic mail, the same shall be effective when sent to the email address of the recipient on
file with the Corporation.
Section 6. Committees, Task Forces and Councils.
The Executive Committee by resolution may form from time to time such other
committees, task forces or councils as may be deemed desirable in forwarding the program of the
Corporation, and each of such committees shall exercise and perform such duties as may be
8
prescribed by the Executive in such resolution. Members shall be appointed by the Executive
Committee by resolution. Members of each such committee shall be composed of Directors if
the committee is authorized to perform duties normally considered duties of the Board or the
Executive Committee. Other committees may be composed of persons who are not Directors but
shall be composed of representatives of Members. No such committee shall have the authority to
take actions prohibited to such committee by the Act. Each committee shall have two or more
members, and shall serve at the pleasure of the Executive Committee.
Section 7. Officers.
7.1 Officers. The Officers of the Corporation shall be a President, one of more Vice-
President(s), a Secretary, a Treasurer and an Executive Director who shall also be Directors.
The Corporation may, at the discretion of the Executive :Committee, provide for different
categories of Officers and may have additional Officers to those enumerated above. No person
may simultaneously hold more than one office of the Corporation. The.duties of the principal
executive Officers are set forth herein. When the incumbent of an office is unable to perform
the duties thereof or when there is no incumbent of an office (both such situations referred to
thereafter as the "absence" of the Officer), the duties of the,office will, unless otherwise
provided by the Executive Committee or these By-Laws,,be'performed by the next Officer set
forth in the following sequence: President, Vice President, Secretary, Treasurer and Executive
Director.
7.2 Appointment and Tenure. All Officers shall be elected each year by the Board at
a meeting to be held immediately following the annual meeting oftle Members, but in no event
later than thirty (30) days following such annual;meeting. Each such Officer shall hold his
office beginning with the adjournment of such meeting of the'Board and until his successor has
been duly elected and'qualified, or until his earlier death, resignation or removal from office.
Officers may be elected to serve one or more successive terms by the Board;provided, however,
that the term of the President shall'be limited to three (3) consecutive years. After not serving
as President for (1) yearl;a...former President shall again be eligible for nomination and
election to,the__Ofce of President.
7.3 Resignations and Removal. Any Officer may resign at any time by giving
written'notice to the President, and,;unless otherwise specified therein, the acceptance of such
resignation Will not be necessary to''make it effective. Any Officer may be removed with or
without cause:by the Board whenever, in its judgment, the best interest of the Corporation
would be served thereby, by majority vote of the Entire Board.
7.4 Vacancies. A vacancy in any office may be filled by the Executive Committee
for the unexpired portion of the term.
7.5 Duties of Officers.
7.5.1 President. The President shall be the chief executive officer of the
Corporation, a voting Director and a voting member of the Executive Committee. Subject to the
directions of the Board and the Executive Committee, the President shall, in general, supervise
and control all the business and affairs of the Corporation. The President shall have the power to
preside at, and shall be responsible for chairing, all meetings of the Board and all Executive
Committee meetings. The President shall perform all duties incident to the office of President
9
and such other duties as may be prescribed by the Board or the Executive Committee from time
to time.
7.5.2 Vice President. In the absence of the President, or in the event of the
President's death, resignation or refusal or inability to act, the Vice President shall perform the
duties of the President and, when so acting, shall have all the powers and be subject to all
restrictions upon the President. The Vice President shall be a voting Director and a voting
member of the Executive Committee. The Vice President shall perform such duties and have
such other powers as the Board shall prescribe or as the President may from time to time
delegate. Additional Vice Presidents may be elected by the Board, upon\the recommendation of
the Executive Committee, to fulfill other special purpose officer'functions on behalf of the
Corporation.
7.5.3 Secretary. The Secretary shall have custody of and maintain all of the
corporate records, except the financial records, shall record the minutes,of all meetings of the
Members and the Board, shall send all notices of meetings out and shall,perform such other
duties as may be prescribed by the Board or the'President.< The Secretary shall be a voting
and a voting member of the Executive Committee.
Director a
g
7.5.4 Treasurer. The Treasurer shall supervise the Executive Director in the
performance of his duties as custodian of corporate funds and financial records. The Treasurer
shall be a voting Director and a voting member of the Executive,Committee.
7.5.5 Executive Director. Employment of the Executive Director will be subject
to approval of the Board and will serve at the pleasure of the Board. The Executive Director will
serve as the chief operating officer of the Corporation and as such, will devote his time,
attention, skills and efforts to the affairs of the Corporation as shall be determined by the Board.
The Executive Director shall be responsible for the administration of the affairs of the
Corporation and execution of policy as directed by,the Board, subject to the supervision and
control of the President. The Executive Director will have the following responsibilities:
7.5.5.1 Serve as an ex-officio (non-voting) member of the Executive
Committee and the Board.
7.5.5.2 ` `, Serve as an ex-officio member of all other committees, task
forces and councils .
\7 5.5..3, Serve as a professional consultant and facilitator to the
Officers, the Board,`,the Executive Committee, task forces, councils and committees of the
Corporation in formulating objectives, programs, policies and in planning, coordinating and
executing programs of the Corporation.
7.5.5.4 Represent and serve as an advocate for the Corporation before
the City of Miami Beach and throughout the Miami Beach community and Miami-Dade County.
7.5.5.5 Have custody of all corporate funds and financial records
subject to the supervision and control of the Treasurer, keep full and accurate accounts of
receipts and disbursements and render accounts thereof at the annual meetings of the Board, all
10
in accordance with the policies and procedures to be adopted by the Board regarding the custody,
disbursement and accounting of corporate funds.
7.5.5.6 Serve as the chief administrative officer of the Corporation,
including, without limitation, performance of the following duties: (a) have responsibility for the
employment, supervision and termination of employment of the Corporation's staff; (b) keep or
causing to be kept all official records of the organization, including the maintenance and control
of the budget; (c) present budget recommendations to the Board; (d) act as one of the individuals
designated by resolution of the Board to co-sign checks up to an established dollar amount on
accounts of the Corporation, and approve disbursements as provided by resolution of the Board;
and (e) perform such other duties as are ordinarily incident to the;position of chief operating
officer or as may be assigned by the Board or President.
7.6 Compensation. Except for the Executive Director (whose compensation shall be
set from time to time by the Executive Committee) or any other Officer,whom the Board shall
determine from time to time to provide with compensation, the balance of the Officers shall
serve without compensation.
7.7 Bonds of Officers. The Board may secure' the fidelity of any or all of its
Officers, employees and/or agents by bond or otherwise, on such terms and with such surety or
sureties, conditions, penalties or securities as arc required by the Executive Committee. The
premium or premiums for such bond or bonds shall be paid out of the corporate funds of the
Corporation.
7.8 Delegation. The President may delegate temporarily the powers and duties of
any Officer, in case of such Officer's absence or for any other reason, to any other Officer. In
addition, the Executive/Committee may authorize the delegation by any Officer of any of such
Officer's powers and duties to any agent or employee, subject to the general supervision of such
Officer.
Section 8 Miscellaneous
8'.1 Interest of Directors and Officers in Contracts. Any contract or other transaction
between.\the Corporation and (a) any Director, (b) any Officer, or (c) any corporation, limited
liability company, unincorporated association, business trust, estate, partnership, trust, joint
venture, individual or other legal entity (each, a "Legal Entity") (i) in which any Director or
Officer has a material direct or indirect financial interest or is a shareholder, partner, member,
manager or other-equity owner, or (ii) of which any Director or Officer is a director, officer,
managing partner, managing member, manager or trustee (collectively a "Conflict
Transaction"), shall..be valid for all purposes if the material facts of the Conflict Transaction
and the Director's or Officer's interest are disclosed or known to the Board, a committee with
authority to act thereon, or the Members entitled to vote thereon, and the Board, such
committee, or such Members authorized, approved or ratified the Conflict Transaction,provided
that such Director or Officer shall not participate in the discussion, vote or be counted in a
quorum regarding the matter. Moreover, any such Director or Officer is precluded from
exercising any function of office with respect to a matter in which such individual has a
financial interest.
11
8.2 Contracts. The Executive Committee may authorize the Executive Director or in
the absence or unavailability of the Executive Director, any Officer of the Corporation, in
addition to the Officers so authorized by these By-Laws, to enter into any contract or execute
any instrument in the name of and on behalf of the Corporation, and such authority may be
general or confined to specific instances.
8.3 Checks, Drafts. Etc. All checks, drafts or other orders for the payment of money,
and all notes or other evidences of indebtedness issued in the name of the Corporation shall be
signed by such Officer or Officers, agent or agents of the Corporation and in such manner as,
from time to time, may be determined by resolution of the Executive Committee. In the absence
of such determination by the Executive Committee, such instruments shall be signed by either
the President, the Secretary or Treasurer and countersigned by the Executive Director.
8.4 Deposits. All funds of the Corporation shall be deposited from time to time to
the credit of the Corporation in one or more such banks, trust companies, securities firms, or
other depositories as the Executive Committee from time to time designate, upon the terms and
conditions determined by the Executive Committee.;:;The Executive Committee inay,;from time
to time, authorize the opening and keeping, with any such depository as it designates, of general
and special bank accounts or other forms of account and may make such special rules and
regulations with respect thereto, not inconsistent with the provisions of these By-Laws, as it
deems necessary.
8.5 Grants and Gifts. The Corporation may accept any grants, contributions, gifts,
bequests, or devises for and consistent with the general'purposes, or for and consistent with any
specific purposes, of the Corporation. The, Corporation shall comply with any applicable
conflict of interest requirements with respect to any grants that it may receive.
8.6 Books and Records. The Corporation shall keep correct and complete books and
records of account and'sshall,also keep records of the actions of the Corporation, which records
shall be open to inspection,by\any Director at anyreasonable time
8:7 ' Custody of Corporate Funds; Financial Records. The Board shall periodically
adopt'formal policies and procedures'regarding the custody, use, disbursement and accounting
of corporate funds. The Executive Director shall strictly abide by such policies and procedures
in the performance of his duties as custodian of corporate funds and shall render periodic
accountings'to the Board confirming the Executive Director's compliance with such policies and
procedures. The Treasurer shall be responsible for ensuring that the Executive Director is at all
times in compliance With said policies and procedures.
8.8 Fiscal/Year; Accounting Election. The fiscal year of the Corporation shall end
on September 30th of each year, and methods of accounting for the Corporation will be as the
Board determines from time to time.
8.9 Seal. The corporate seal of the Corporation shall be circular in form with the
words "Lincoln Road Business Improvement District, Inc., a corporation not for profit" in the
outer edge thereof and the year of incorporation is 2015.
8.10 Notice.
12
8.10.1 Effective Date of Notices. Unless otherwise specified herein, any notice
required or permitted to be given pursuant to the provisions of the Articles of Incorporation,
these By-Laws or applicable law shall be in writing, shall be sufficient and effective as of the
date transmitted by facsimile, electronic mail, personally delivered or, if sent by mail three (3)
days after being deposited with the United States Postal Service, prepaid and addressed to the
intended recipient at such recipient's last known address as shown in the records of the
Corporation. If the Board authorizes the use of electronic mail, the same shall be effective when
sent to the email address of the recipient on file with the Corporation.
8.10.2 Waiver of Notice. Whenever any notice is required to be given under the
provisions of the Act, or under the provisions of the Articles of Incorporation, these By-Laws or
other applicable law, a waiver thereof in writing signed by the/person entitled to such notice,
whether before or after the time stated therein, will be deemed equivalent to the giving of such
notice to such person. The attendance of a Member or Director at any meeting will constitute a
waiver of notice of such meeting, except where a Member or Director attends a meeting for the
express purposes of objecting to the transaction of any business on the ground that the meeting is
not lawfully called or convened. ,,
8.11 Loans to Officers and Directors and vMembers Prohibited. No,loans shall be
made by the Corporation to any Officer, Director or Member. Any Director who, in violation of
this section, votes for or assents to`'::the making of a 'loan, and any Director or Officer
participating in the making of such loan, shall be jointly and severally liable to the Corporation
for the amount of such loan until the repayment thereof
8.12 Indemnification of Directors,`Officers and Others'
(a) The Corporation shall defend and indemnify any Director or Officer made
a party or threatened to be made a party to any threatened, pending or completed action, suit or
proceeding:
Whether civil, criminal, administrative or investigative, other than an action, suit
or proceeding by'or in the,right of the Corporation, by reason of the fact that such person
is<or was a Director or Officer or`is or was serving as a director, officer, employee or
agent of any other corporation,;partnership, joint venture, trust or other enterprise at the
request\of the Corporation, against judgments, fines, amounts paid in settlement and
expenses,`‘,including attorneys' fees, actually and reasonably incurred as a result of such
action, suit or proceeding or any appeal thereof, if such person acted in good faith and in
a manner such person reasonably believed to be in, or not opposed to, the best interest of
the Corporation, and in criminal actions or proceedings, without reasonable cause for
belief that such conduct was unlawful. The termination of any such action, suit or
proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere
or its equivalent shall not in itself create a presumption that any such Director or Officer
did not act in good faith and in a manner which such person reasonably believed to be in,
or not opposed to, the best interests of the Corporation or, with respect to any criminal
action or proceeding, that such Director or Officer had reasonable cause to believe that
such conduct was unlawful.
(ii) By or in the right of the Corporation to procure a judgment in its favor by reason
of such person's being or having been a Director or Officer, or by reason of such person's
13
serving or having served at the request of the Corporation as a director, officer, employee
or agent of any other corporation, partnership, joint venture, trust or other enterprise,
against any expenses, including attorneys' fees, actually and reasonably incurred by such
person in connection with the defense or settlement of such action, or in connection with
an appeal therein, if such person acted in good faith and in a manner such person
reasonably believed to be in, or not opposed to, the best interests of the Corporation. Such
person shall not be entitled to indemnification in relation to matters as to which such
person has been adjudged to be liable for gross negligence or willful or wanton
misconduct in the performance of such person's duties to the Corporation unless, and
only to the extent that, the court in which such action or suit'was brought determines
upon application that, despite the adjudication of liability, but in view of all
circumstances of the case, such person is fairly and reasonably entitled to indemnity for
such expenses which such court will deem proper.
(b) Any indemnification under paragraph (a), unless pursuant to a
determination by a court, shall be made by the Corporation only as authorized in the specific
case upon a determination that amounts for which a Director or Officer seeks,indemnification
were properly incurred and that such Director or Officer acted in,good faith andfin a manner he
or she reasonably believed to be in or not opposed to'the\best interests of the Corporation, and
that, with respect to any criminal action or proceeding, he`or,.she had no reasonable ground for
belief that such action was unlawful. Such..determination shalf'be made either (1) by the Board
by a majority vote of a quorum consisting of Directors who were not parties to such action, suit
or proceeding, or (2) by a seventy five percent(75%) super-majority,vote of a quorum consisting
of Executive Committee Members who were not parties to such action, suit or proceedings.
(c) The foregoing rights of indemnification shall not be deemed to limit in any
way the power of the Corporation to indemnify under any applicable law.
8.13 Revocability, of Authorizations. ',No' authorization, assignment, referral or
delegation of authority by the Board," the Executive Committee or the President to any
committee, Officer, agent, or other official of the Corporation, or any other organization which
is associated or affiliated with, or.,conducted under the auspices of the Corporation shall
preclude,the Board from exercising tile authority required to meet its responsibility. The Board
shall retain the right to rescind any such authorization, assignment, referral, or delegation in its
sole discretion.:,
8.14 Employees and Agents of the Corporation. Consistent with and within the
limitation set forth in Section 5.2, the Executive Committee may employ such personnel and/or
enter into agreements with such independent contractors as it deems necessary or desirable for
the efficient operation of the Corporation.
8.15 Rules. The Board may adopt, amend or repeal rules (not inconsistent with these
By-Laws) for the management of the internal affairs of the Corporation and governance of its
Officers, agents, committees and employees. Unless the Board adopts rules of procedure which
shall not be inconsistent with the Articles of Incorporation, these By-Laws or applicable law,
the conduct of all meetings of the Members, Directors and members of Committees shall be in
accordance with the provisions of Robert's Rules of Order.
14
8.16 Vote by Presiding Officer. The person acting as presiding officer at any meeting
held pursuant to these By-Laws, if a voting member thereof, shall be entitled to vote on the
same basis as if not acting as presiding officer.
8.17 Gender and Number. Whenever the context requires, the gender of all words
used herein shall include the masculine, feminine and neuter, and the number of all words will
include the singular and plural thereof.
8.18 Section and Other Headings. The Section and other headings contained in these
By-Laws are for reference purposes only and shall not affect the meaning or interpretation of
these By-Laws.
8.19 Severability. Should any of the conditions, terms or covenants herein imposed,
or contained be void or be or become unenforceable at law or in equity, the remaining
provisions of this instrument shall nevertheless be and remain in full force and effect.
Section 9. Amendments to By-Laws.
The power to make, alter, amend or repeal these By-Laws is vested in the Board;
provided, however, that (i) any vote of the Board to take such action shall be composed of not
less than five (5) Directors, and (ii) the Members entitled to vote may alter, amend or repeal
these By-Laws at any duly constituted annual or special meeting of the Members by a vote of not
less than two-thirds (2/3) of all the voting Members,provided that a detailed description thereof
is included in the notice of such meeting. Any such action taken by the Members shall not be
subject to alteration, amendment or repeal by the Board.
15
42000.0001 #4455376 v8
9/9/2015 3:58 PM
EXHIBIT "C"
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT
ANNUAL BUDGET NARRATIVE AND SUMMARY OF SERVICES TO BE PROVIDED
1. Revenues
The revenues in the attached budget ($1,426,237) represent the total amount of the special
assessments to be collected each year.
2. Administrative and Office Expenses
Administrative and office expenses for the LRBID shall total $341,532.
• Staffing costs, including employment benefits, for two employees (an executive director
and a staff assistant) shall total $231,536.
• Office expenses for rent, liability insurance, supplies, postage, printing, equipment
lease(s), annual report, audit, cell phone, accounting, and consulting fees shall total
$89,996.
• Other administrative expenses including directors and officers insurance, licensing and
permitting, memberships, meeting expenses, parking and auto mileage, and travel shall
total $20,000.
3. Marketing Expenses
Marketing expenses shall total $534,200 and shall include expenditures to attract people to
Lincoln Road to shop, dine, and attend special events and holiday activities, as follows:
• Advertising expenses (print, online, outdoor media, agency fees) shall total $354,000.
• Other marketing costs, including email/fax service, event advertising, holiday lighting
and decor, printing, production and design, promotions, public relations, sponsorships,
and website expenses, shall total $180,200.
4. BID District Programs
LRBID Program expenses, including holiday programs, signage, ambassador services, and
supplemental security services, shall total $550,505, as follows:
• Holiday programs, related purchases, installation and removal of decorations, technical
assistance for programs, rental of equipment for events, and costs of performing artists
and related technical crew for presentations shall total $195,500.
C-1
• Expenses related to signage creation, installation, and upkeep for the way-finding
program shall total $85,000.
• Ambassador services and supplemental security expenses shall total $270,000.
Total Expenses: $1,426,237
C-2
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C C C Cl)C)
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Z
MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
To: Allison Williams Date: June 27, 2016
Chief Financial Officer
cc: Rafael E. Granado
City Clerk
From: Nick Kallergis ),`c.
A
ta09%;0
ssistant City Attorney Nil
Subject: Correction to assessment roll for the Lincoln Road Business Improvement District
On April 15, 2015, the Mayor and City Commission adopted Resolution No. 2015-28992,
creating, subject to the approval of a majority of the affected property owners, a special
assessment district to be known as the Lincoln Road Business Improvement District (the
"District"). Following the passage of this initial Resolution, and pursuant to a special mail ballot
election, the majority of the affected property owners voted to approve the creation of the
District. On September 30, 2015, the Mayor and City Commission adopted Resolution No.
2015-29145, approving, following a duly noticed public hearing pursuant to Sections 170.07 and
170.08, Florida Statutes, the final assessment roll for the District, and confirming such
assessments as legal, valid, and binding first liens upon the property against which such
assessments are made until paid.
Resolution No. 2015-28992 exempted the following properties from the District: (1) residential
properties; (2) properties owned or occupied by a religious institution and used as a place of
worship or education (as defined in Section 170.201(2), Florida Statutes); and (3) common
areas owned by condominium associations.
The property at 1685 Jefferson Avenue (Folio No. 02-3234-007-0620), which is a residential
property, was erroneously included in the assessment roll for the District, and must be removed.
Attached as Exhibit "A" to this memorandum is a revised and corrected assessment roll, which
reflects that the property located at 1685 Jefferson Avenue has been removed from the District.
F;\ATTO\KALN\LINCOLN ROAD BID\Memo to file regarding removal of folio.docx
EXHIBIT "A"
REVISED FINAL ASSESSMENT ROLL
1. Folios with Lincoln Road Frontage
Folios with frontage on Lincoln Road shall be assessed at two dollars ($2.00) per
square foot. See Assessment Methodologies, attached as Exhibit "B".
No. Property Address Lot S. F. Folio No. (02-3234-) Assessment
1 1111 Lincoln Rd. 48,000 018-0080 $96,000
2 1100 Lincoln Rd.' 44,353 018-0250 $88,706
3 1001 Lincoln Rd. 16,189 018-0070 $32,378
4 1035 Lincoln Rd. 15,000 018-0040 $30,000
5 1031 Lincoln Rd. 3,750 018-0074 $7,500
6 1029 Lincoln Rd. 3,750 018-0050 $7,500
7 1025 Lincoln Rd. 4,631 018-0072 $9,262
8 1023 Lincoln Rd. 4,764 018-0060 $9,528
9 1036 Lincoln Rd. 15,000 002-0090 $30,000
10 1018 Lincoln Rd. 7,500 002-0080 $15,000
11 1000 Lincoln Rd. 16,500 002-0070 $33,000
12 1657 Michigan Ave. 7,500 018-0010 $15,000
13 927 Lincoln Rd. 22,500 018-0020 $45,000
14 901 Lincoln Rd. 15,000 018-0030 $30,000
15 930 Lincoln Rd. 15,000 002-0220 $30,000
16 918 Lincoln Road, #1A2 1,554 076-0010 $3,108
17 920 Lincoln Road, #2A 1,258 076-0020 $2,516
18 922 Lincoln Road, #3A 1,490 076-0030 $2,980
19 910 Lincoln Rd 7,500 002-0200 $15,000
20 900 Lincoln Rd 7,500 002-0190 $15,000
21 825 Lincoln Rd 22,517 007-0550 $45,034
22 801 Lincoln Rd. 22,500 007-0540 $45,000
23 846 Lincoln Rd. 7,500 002-0350 $15,000
24 838 Lincoln Rd. 15,000 002-0340 $30,000
25 818 Lincoln Rd'. 7,500 002-0330 $15,000
26 800 Lincoln Rd. 15,000 002-0320 $30,000
27 741 Lincoln Rd. 11,726 007-0491 $23,452
28 719 Lincoln Rd. 18,836 007-0490 $37,672
29 701 Lincoln Rd. 15,000 000-0010 $30,000
' 1100 Lincoln Road shall be assessed based on the square footage of that portion of
the lot that lies between Lincoln Road and Lincoln Lane South.
2 918, 920, and 922 Lincoln Road form part of a condominium. The common areas
owned by the condominium association shall be excluded from the special assessment
district.
A-1
I
No. Property Address Lot S. F. Folio No. (02-3234-) Assessment
1 30 663 Lincoln Rd.3 1,460 219-0010 $2,920
31 665 Lincoln Rd. 1,465 219-0020 $2,930
32 667 Lincoln Rd. 1,089 219-0030 $2,178
33 643 Lincoln Rd. 10,500 000-0030 $21,000
34 635 Lincoln Rd. 5,250 005-0010 $10,500
35 631 Lincoln Rd. 5,250 005-0020 $10,500
36 607 Lincoln Rd. 5,201 005-0030 $10,402
37 605 Lincoln Rd., #1004 3,310 168-0010 $6,620
38 605 Lincoln Rd., #110 2,979 168-0020 $5,958
39 605 Lincoln Rd., #120 3,219 168-0030 $6,438
40 734 Lincoln Rd. 15,000 003-0040 $30,000
41 1646 Euclid 15,000 003-0010 $30,000
42 730 Lincoln Rd. 7,500 003-0030 $15,000
43 720 Lincoln Rd. 7,500 003-0020 $15,000
44 670 Lincoln,Rd. 30,000 003-0060 $60,000
45 600 Lincoln Rd. 15,000 003-0050 $30,000
46 551 Lincoln Rd. 15,487 005-0050 $30,974
47 533 Lincoln Rd. 5,250 005-0060 $10,500
48 521 Lincoln Rd. 5,250 005-0070 $10,500
49 511 Lincoln Rd. 5,250 005-0080 $10,500
50 501 Lincoln Rd. 4,987 005-0090 $9,974
51 532 Lincoln Rd. 16,500 003-0100 $33,000
52 530 Lincoln Rd. 7,500 003-0080 $15,000
53 455 Lincoln Rd. 4,987 005-0100 $9,974
54 433 Lincoln Rd. 10,500 005-0110 $21,000
55 421 Lincoln Rd. 10,500 005-0120 $21,000
56 401 Lincoln Rd.5 8,738 072-0010 $17,476
57 1620 Drexel Ave.6 7,000 003-0070 $14,000
58 408 Lincoln Rd.7 55,659 006-0020 $111,318
3 663, 665, and 667 Lincoln Road form part of a condominium. The common areas
owned by the condominium association shall be excluded from the special assessment
district.
4 605 Lincoln Road is a condominium. The common areas owned by the condominium
association shall be excluded from the special assessment district.
5 401 Lincoln Road is a condominium. The common areas owned by the condominium
association shall be excluded from the special assessment district.
6 Only that portion of 1620 Drexel Avenue that is owned or occupied by a religious
institution and used as a place of worship or education shall be excluded from the
special assessment district. The remainder of the property is included in the special
assessment district.
' 408 Lincoln Road shall be assessed based on the square footage of that portion of the
lot that lies between Lincoln Road and Lincoln Lane South.
A-2
2. Folios without Lincoln Road Frontage
Folios without Lincoln Road frontage shall be assessed at twenty cents ($0.20) per
square foot. See Assessment Methodologies, attached as Exhibit "B".
No. Street Address Lot S. F. Folio (02-3234) Assessment
59 1681 Lenox 16,000 004-0800 $3,200
60 1685 Lenox 8,000 004-0790 $1,600
61 1664 Lenox 4,500 004-0850 $900
62 1666 Lenox 7,500 004-0860 $1,500
63 1056 17 Street 8,000 004-0780 $1,600
64 1000 17 Street 8,000 004-0770 $1,600
65 1680 Michigan, #1008 1,933 178-0010 $387
66 1680 Michigan, #101 676 178-0020 $135
67 1680 Michigan. #103 680 178-0030 $136
68 1691 Michigan 76,500 004-0690 $15,300
69 1699 Jefferson 7,500 007-0610 $1,500 -
70 1685 Jefferson° 7,500 007 0620 $1,500
71 1688 Meridian 11,250 007-0600 $2,250
72 1680 Meridian 11,250 007-0590 $2,250
73 1674 Meridian 8,250 007-0580 $1,650
74 723 N. Lincoln Lane 20,563 007-0520 $4,113
75 1675 Meridian 49,938 007-0530 $9,988
76 1672 Drexel 66,649 000-0930 $13,330
Total for properties with Lincoln Road frontage: 58 Folios $1,363,498
Total for properties without Lincoln Road frontage: 18 Folios $61,539
TOTAL FOR PROPERTIES WITHIN DISTRICT 76Folios $1,424,737
9 1680 Michigan is a condominium. The common areas owned by the condominium
shall be excluded from the special assessment district.
9 The property located at 1685 Jefferson Avenue, which is a residential property, was
erroneously included when the assessment roll was approved by the Mayor and City
Commission. As such, and as of June 27, 2016, this property has been removed from
the assessment roll.
A-3