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Resolution 2020-31144 RESOLUTION NO. 2020-31144 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING, 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 SOUTH BEACH BUSINESS IMPROVEMENT DISTRICT," FOR A TERM OF TEN (10) YEARS, TO STABILIZE AND IMPROVE THAT CERTAIN AREA OF THE CITY OF MIAMI BEACH HEREIN REFERRED TO AS THE OCEAN DRIVE AND COLLINS AVENUE RETAIL BUSINESS DISTRICT, WHICH DISTRICT IS GENERALLY LOCATED WITHIN A NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES (THE "SERVICES"); PROVIDING FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS, IN THE AMOUNT OF $2,093,335 PER YEAR; INDICATING THE LOCATION, NATURE, AND ESTIMATED COST OF THE SERVICES, WHOSE COSTS ARE TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING THE LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF THIS RESOLUTION, IN ACCORDANCE WITH SECTION 170.05, FLORIDA STATUTES; AUTHORIZING THE CITY ADMINISTRATION TO CAUSE TO BE MADE A PRELIMINARY ASSESSMENT ROLL, IN ACCORDANCE WITH SECTION 170.02, FLORIDA STATUTES; AND UPON COMPLETION OF SUCH PRELIMINARY ASSESSMENT ROLL, PROVIDING THAT SUCH ASSESSMENT ROLL SHALL BE ON FILE WITH THE CITY CLERK'S OFFICE AND OPEN TO THE INSPECTION OF THE PUBLIC. WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a majority of the affected property owners, to levy and collect special assessments against property benefited for the purpose of stabilizing and improving retail business districts, wholesale business districts, or nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services; and WHEREAS, on December 17, 2014, the Mayor and City Commission adopted Resolution No. 2014-28881, which originally contemplated establishment of a special assessment district, pursuant to Chapter 170, Florida Statutes, initially limited to a-boundary encompassing solely the Ocean Drive retail business district. Following adoption of Resolution No. 2014-28881, a steering committee of property owners requested that the City Commission expand the proposed special assessment district, to include the Collins Avenue corridor, bounded on the south by 5th Street, and extending northward up to and including 21st Street; and WHEREAS, on September 12, 2018, the Mayor and City Commission adopted Resolution No. 2018-30487, which, in pertinent part, authorized the Offices of the City Manager and City Attorney to work with a steering committee of Ocean Drive and Collins Avenue property owners for the purpose of establishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize and improve the Ocean Drive and Collins Avenue retail business district, that certain area generally bounded on the north by the northern boundary lines of the properties located at 1601 Collins Avenue and 1610 Collins Avenue; and on the south by 5th Street; which district is generally located within a nationally recognized historic district; through promotion, management, marketing, and other similar services (Resolution Nos. 2014-28881 and 2018- 30487 are attached hereto as Exhibit "A"); and WHEREAS, the special assessments levied within the proposed special assessment district, to be known as the "South Beach Business Improvement District" (the "District"), shall be used to provide the services described in Exhibit "B," attached hereto and incorporated herein (the "Services"); and WHEREAS, the District is generally bounded on the north by the northern boundary lines of the properties located at 1601 Collins Avenue and 1610 Collins Avenue, and on the south by 5th Street, and consists of properties abutting Collins Avenue and Ocean Drive; provided, however, that the following properties shall be excluded and exempted from the District: (1) residential properties; (2) common areas owned by condominium associations; (3) any property owned by a City, County, State, or Federal governmental entity or school district; (4)any property 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 (5) properties that are 60 square feet or less in size; and WHEREAS, an assessment plat of the proposed District, showing the areas to be assessed, as required in section 107.04, Florida Statutes, is on file with the Office of the City Clerk, and is available for inspection by the public; and WHEREAS, the Mayor and City Commission hereby determine that it is in the best interest of the City, and of the District, to provide, or cause to be provided, the Services for the District and, as such, wish to defray the cost of the Services by levying special assessments upon the affected properties within the District("Assessments"); and WHEREAS, the Mayor and City Commission further determine that special benefits shall accrue to the properties within the District from the Services, and that the Assessments shall be made in proportion to the benefits received; and WHEREAS, an estimated budget outlining the proposed Services and estimated costs thereof, is attached as Exhibit "C", and, pursuant to Section 170.04, Florida Statutes, is on file with the City Clerk's Office, and is available for inspection by the public; and WHEREAS, the Mayor and City Commission have determined that the Assessments to be levied shall not exceed the special benefits to the affected properties within the District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1: All findings and recitals contained in this Resolution are hereby adopted and incorporated herein. SECTION 2: Pursuant to the provisions of Chapter 170, Florida Statutes, the Mayor and City Commission hereby authorize a special assessment to be levied and collected, and hereby create a special assessment district, to be known as the "South Beach Business Improvement 2 District,"for a term of ten(10)years, subject to the approval of the majority of the affected property owners in the District, for the purposes of stabilizing and improving the Ocean Drive and Collins Avenue retail business district, which is generally located within a nationally recognized historic district, through promotion, management, marketing, and other similar services. SECTION 3: The boundaries of the proposed District are as follows: All lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the Assessment Plat, attached hereto and incorporated herein as Exhibit "D." SECTION 4: The nature of the Services is set forth in Exhibit "B," attached hereto and incorporated herein. SECTION 5: The total estimated cost of the Services to be funded by the proposed Assessments is approximately$2,093,335 per year. SECTION 6: The Assessments shall be levied in accordance with the applicable provisions of Chapter 170, Florida Statutes,for the purposes of defraying the cost of the Services, as described in Exhibit"B," and in accordance with the assessment methodologies in Exhibit"E," attached hereto and incorporated herein. SECTION 7: At the time of adoption of the Resolution by the Mayor and City Commission, there shall be on file with the City Clerk the Assessment Plat, showing the area to be assessed; a description of the Services; and an estimate of the cost of the Services, which documents shall be open to inspection by the public. SECTION 8: Following approval of this Resolution, the City Administration is hereby authorized and directed to cause to be made a preliminary assessment roll, as promptly as possible,which shall show the properties assessed by folio number;the amount of benefit to each property; and the special assessments against each property assessed by folio number. (A draft preliminary assessment roll is attached as Exhibit "F.") SECTION 9: The assessment shall be payable in one installment per year to the Finance Director of the City, or the Finance Director's designee, on such date as shall be contained in a bill to be mailed to each property owner within the District at least thirty(30) days prior to the due date, and following the confirmation by the Mayor and City Commission of the Final Assessment Roll. 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 rate or rates as specified in Section 170.09, Florida Statutes. SECTION 10: Upon completion of the preliminary assessment roll, the Mayor and City Commission shall adopt a subsequent Resolution to fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the Mayor and City Commission and be heard as to the propriety and advisability of the Assessments or the provision of the Services,the costs thereof,the manner of payment therefor,or the amount thereof to be assessed against each property so serviced, all in accordance with Chapter 170, Florida Statutes. SECTION 11: The City Clerk is hereby directed to cause this Resolution to be published one time in a newspaper of general circulation published in the City. 3 SECTION 12: The Resolution shall become effective upon the date of its adoption herein, provided, however, that if the proposed special assessment does not receive the approval of a majority (50% plus one) of the affected property owners pursuant to an election to be duly conducted by the City Clerk, the Resolution shall be null and void. PASSED and ADOPTED this day of ,I uHkG/y , 2020. ATTEST: Dan Gelber [ L?�1�� Mayor Rafael E. rang o City Clerk (Sponsored by Commissioner Ricky Arriola) T:\Agenda\2020\01 January\Economic Development\Reso-South Beach BID.dOCX APPROVED AS TO FORM & LANGUAGE O�EXECUTION 1321L0 City Attorney Date 4 Agenda Item R 73-- Date /-1S---20 MIAMI BEACH COMMISSION MEMORANDUM To: Mayor Dan Gelber Members of the City Commission cc: Raul J. Aguila, City Attorney Rafael Granado, City Clerk From: Jimmy Morales, City Manager Date: January 15, 2020 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING, 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 SOUTH BEACH BUSINESS IMPROVEMENT DISTRICT," FOR A TERM OF TEN (10) YEARS, TO STABILIZE AND IMPROVE THAT CERTAIN AREA OF THE CITY OF MIAMI BEACH HEREIN REFERRED TO AS THE OCEAN DRIVE AND COLLINS AVENUE RETAIL BUSINESS DISTRICT, WHICH DISTRICT IS GENERALLY LOCATED WITHIN A NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES (THE "SERVICES"); PROVIDING FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS, IN THE AMOUNT OF $2,093,335 PER YEAR; INDICATING THE LOCATION, NATURE, AND ESTIMATED COST OF THE SERVICES, WHOSE COSTS ARE TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING THE LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF THIS RESOLUTION, IN ACCORDANCE WITH SECTION 170.05, FLORIDA STATUTES; AUTHORIZING THE CITY ADMINISTRATION TO CAUSE TO BE MADE A PRELIMINARY ASSESSMENT ROLL, IN ACCORDANCE WITH SECTION 170.02, FLORIDA STATUTES; AND UPON COMPLETION OF SUCH PRELIMINARY ASSESSMENT ROLL, PROVIDING THAT SUCH ASSESSMENT ROLL SHALL BE ON FILE WITH THE CITY CLERK'S OFFICE AND OPEN TO THE INSPECTION OF THE PUBLIC. Recommendation Adopt the attached Resolution which is sponsored by Commissioner Ricky Arriola. A. Background Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a majority of the affected property owners, to levy and collect special assessments against property benefitted for the purpose of stabilizing and improving retail business districts,wholesale business districts, or nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services. On December 17, 2014, the Mayor and City Commission adopted Resolution No. 2014-28881, which originally contemplated establishment of a special assessment district, pursuant to Chapter 170, Florida Statutes, initially limited to a boundary encompassing solely the Ocean Drive retail business district. Following adoption of Resolution No. 2014-28881, a steering committee of property owners requested that the City Commission expand the proposed special assessment district, to include the Collins Avenue corridor, bounded on the south by 5th Street, and extending northward up to and including 21st Street. On September 12, 2018, the Mayor and City Commission adopted Resolution No. 2018-30487 which, in pertinent part, authorized the Offices of the City Manager and City Attorney to work with the steering committee of Ocean Drive and Collins Avenue property owners for the purpose of establishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize and improve the Ocean Drive and Collins Avenue retail business district,which district is generally located within a nationally recognized historic district, through promotion, management, marketing, and other similar services. The attached Resolution is the first step under Chapter 170, Florida Statutes, for creating the proposed special assessment district, and is hereby submitted for consideration by the Mayor and City Commission. B. The Proposed "South Beach Business Improvement District" The attached Resolution creates, subject to the approval of a majority of the affected property owners, a special assessment district, to be known as the "South Beach Business Improvement District" (the "District"), for a term of ten (10) years, to stabilize and improve the Ocean Drive and Collins Avenue retail business district, that certain district within a nationally recognized historic district and which is generally bounded on the north by 1601 Collins Avenue/1610 Collins Avenue and on the south by 5th Street, through promotion, management, marketing, and other similar services. The Resolution provides for the creation of a preliminary assessment roll; provides for the levy and collection of special assessments, in the amount of $2,093,335 per year; indicates the location, nature, and estimated cost of those services whose cost are to be defrayed by the special assessments; provides the manner in which such special assessments shall be made; provides when such special assessments shall be made; designates the lands upon which the special assessments shall be levied; provides for publication of this Resolution; and authorizes other related actions. The material terms for the proposed District are as follows: 1. District Boundaries The District shall be generally bounded on the north by the northern boundary lines of the properties located at 1601 Collins Avenue and 1610 Collins Avenue, and on the south by 5th Street, and consists of properties abutting Collins Avenue and Ocean Drive; provided, however, that the following properties shall be excluded and exempted from the District: (1) residential properties; (2) common areas owned by condominium associations; (3)any property owned by a City, County, State, or Federal governmental entity or school district; (4) any property 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 (5) properties that are 60 square feet or less in size. 2 Pursuant to Section 170.04, Florida Statutes, at the time of the adoption of the attached Resolution, there shall be on file with the City Clerk an assessment plat showing the area to be assessed, which assessment plat shall be open to the inspection of the public. A proposed assessment plat is attached as Exhibit "D"to the Resolution. 2. Term/Duration of the District The term/duration of the proposed District is ten (10) years. 3. Total Annual Amount of Special Assessments to be Levied and Collected The total annual amount of special assessments to be levied and collected shall be $2,093,335 per year. 4. Assessment Methodologies a. Properties within the District that front Ocean Drive shall be assessed at the rate of two dollars ($2.00) per square foot and properties within the District that front Collins Avenue shall be assessed at the rate of one dollar($1.00) per square foot.' b. Condominium properties shall be assessed, at the prevailing rate above, per square foot of each ground floor condominium unit, excluding common areas. Non- condominium properties shall be assessed, at the prevailing rate above, per square foot of the property's lot area. c. The following exceptions to the above sections 4.a and b shall apply: i. As to the properties located at 530 Ocean Drive and 1330 Ocean Drive, the assessment shall be based on the unit size of the ground level in addition to the unit size of any commercial uses in a basement below grade. ii. As to the property located at 1412 Ocean Drive, the assessment shall be based on the unit size of the ground level commercial use. iii. As to the property located at 1300 Collins Avenue, the assessment shall be based upon the unit size of the ground level commercial uses. d. Properties that are 50,000 square feet in lot size or greater shall be assessed pursuant to the following formula: - The first 49,999 square feet of the property shall be assessed at 100% of the rate set forth above; - Each square foot between 50,000 and 100,000 shall be assessed at 90% of the rate; - Each square foot between 100,001 and 150,000 square feet shall be assessed at 80% of the rate; - Each square foot between 150,001 and 200,000 square feet shall be assessed at 70% of the rate; and - Each square foot greater than 200,000 square feet shall be assessed at 60% of 1 South Beach BID Partners, Inc. (the"BID"), a Florida nonprofit corporation, represents a group of property owners in the vicinity of, abutting, or located on Ocean Drive and Collins Avenue. As proponents of the creation of the District, the BID has provided the City Attorney with an opinion of counsel relating to the legal sufficiency of the proposed assessment formula (See Letter of Michael Llorente, Esq., dated November 1, 2019, attached to this Memorandum as Exhibit "1"). The opinion of counsel concludes that the assessment methodology proposed by the BID complies with applicable legal requirements. 3 the rate. e. Properties within the proposed District that are also located within the boundaries of the Washington Avenue Business Improvement District shall be assessed at the rate of sixty cents ($0.60) per square foot. 5. Services to be Provided The special assessments shall be used to fund those Services described in Exhibit "B" to the Resolution. In addition to general and administrative costs, the BID's first year budget projection includes expenses for the following Services: marketing (advertising and promotional branding); programming (cultural activations and events); beautification (decor, lighting, and art); sanitation (maintenance and cleaning to supplement City services); and security (including off-duty police, private security, and ambassadors). Given the different assessment methodology proposed for the two business corridors,the Administration has requested more detailed explanation from the BID as to distribution of the Services throughout the District. We anticipate that this information will be provided prior to the City Commission's consideration of the final Resolution establishing the District. The BID intends to expend programming funds on events and activations in Lummus Park. Any activities in Lummus Park are subject to City approval; the BID cannot conduct programming on City property without either(i) obtaining a special event permit, or(ii) partnering with the City or a City permitee. The Administration has requested additional information on all proposed Services, including activities in Lummus Park,and anticipates that this information shall be provided prior to City Commission consideration of the aforestated final Resolution. C. Procedure for Creating the District, Following the Adoption of the Attached Resolution 1. Notice Requirement Upon adoption of the attached Resolution, and pursuant to Section 170.05, Florida Statutes, the City shall cause the Resolution to be published one time in a newspaper of general circulation published in the City. 2. Preliminary Assessment Roll Additionally, upon adoption of the attached Resolution, and pursuant to Section 170.02, Florida Statutes, the Administration shall cause to be made a preliminary assessment roll, in accordance with the method of assessment provided for in the Resolution, which assessment roll shall show the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land, and the number of annual installments in which the assessment is divided. Upon completion of the preliminary assessment roll, it shall be made available for public inspection in the City Clerk's office. (A draft of the preliminary assessment roll is attached hereto as Exhibit 3. Special Mail Ballot Election Following adoption of the attached Resolution by the Mayor and City Commission, and completion of the preliminary assessment roll, the City Clerk, in consultation with the City Attorney's Office, 4 shall conduct a special mail ballot election for the majority(50% plus one)of the affected property owners to approve the proposed special assessment. 4. Final Hearing for the Mayor and City Commission to Hear Testimony, Decide Whether to Levy Special Assessments, and Meet as an Equalizing Board to Adiust and Equalize the Assessments on a Basis of Justice and Right Upon completion of the preliminary assessment roll, and upon the approval of the District by a majority of the affected property owners, the Mayor and City Commission must adopt a subsequent Resolution to schedule a public hearing at which the owners of the properties to be assessed or any other persons interested therein may appear before the Mayor and City Commission and be heard as to the propriety and advisability of the assessments proposed to be levied, or the provision of the Services, the costs thereof, the manner of payment therefor, or the amount thereof to be assessed against each lot so serviced. 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. D. Conclusion The attached Resolution shall become effective upon the date of adoption; provided, however, that if the proposed special assessment does not subsequently receive the approval of a majority (50% plus one) of the affected property owners, the attached Resolution shall be null and void. City Manager's Recommendation The Administration recommends that the City Commission proceed to initiate creation of the proposed District by adoption of the Resolution as set forth above. Final consideration and creation of the District is subject to the approval of a majority of the affected properties in a mail ballot election, and following that, final approval following a duly noticed public hearing of the City Commission. Exhibit 1 to Memorandum - Letter of Michael Llorente, Esq., dated November 1, 2019 Attachments to Resolution: Exhibit A — City Commission Resolution Nos. 2014-28881, dated December 17, 2014, and 2018-30487, dated September 12, 2018 Exhibit B—Budget Narrative and Scope of Services Exhibit C— Proposed Budget Year 1 Exhibit D—Assessment Plat Exhibit E—Assessment Methodologies Exhibit F— Preliminary Assessment Roll F:\INFO\$ALL\ECONOMIC DEVELOPMENT DEPARTMENT\BIDs\Ocean Drive\South Beach BID Memo-JK.docx 5 Exhibit 1 Llorente & Heckler,P.A. To Ceci Velasco From: Michael Llorente, Esq. Date: November 1,2019 Re: Business Improvement District Assessment Methodology You have asked our firm to review the legal sufficiency of the proposed cost apportionment methodology for the South Beach Business Improvement District("South Beach BID"or"BID"). As set forth below, we find that the proposed cost apportionment methodology complies with the applicable legal requirements. I. Factual Background For over two years, property owners and operators within the City's Mixed Use Entertainment District ("MXE District") have been exploring the possible creation of a business improvement district to develop a cohesive identity, provide additional security and sanitation services, and market and stabilize the area. While the MXE District is largely unified in terms of zoning, history, and architecture, the district consists of two areas that are sometimes viewed separately: (i) the Collins Avenue corridor; and (ii) the Ocean Drive corridor. Led by stakeholders from both the Collins Avenue corridor and the Ocean Drive corridor, the proponents of the South Beach BID have proposed boundaries that closely track the boundaries of the existing MXE District. A comparative analysis of the boundaries of the MXE District and the proposed South Beach BID is attached as Exhibit A. One of the primary objectives of the proposed South Beach BID is to create an integrated district that combines the entertainment and nightlife offerings on Ocean Drive with the retail and hotel offerings along Collins Avenue. It is anticipated that the creation of an integrated district — with improved security, aesthetics, marketing, and programming — will have a meaningful positive impact on commercial activity,property values, and the overall tax base within the BID boundaries. The proposed South Beach BID will include approximately two hundred and twenty-one (221) folios — eighty-seven (87) folios on Ocean Drive and one hundred thirty-three (133) folios on Collins Avenue. Properties on Ocean Drive will be assessed at a rate of $2.00 per lot square foot and properties on Collins Avenue will be assessed at a rate of$1.00 per lot square foot. The reason for the cost differential is that Ocean Drive is a single-loaded street (with properties on one side of the street only), while Collins Avenue is a double-loaded street (with properties on both sides of the street). As a result, the cost of providing security, sanitation, and other services on Ocean Drive must be borne by property owners on one side of the street,while those same costs on Collins Avenue may be split among property owners on both sides of the street. 801 Arthur Godfrey Rd,Ste 401 / Miami Beach,FL 33140 / T 305.742.2810 / F 786.214.6734 / Llorentelleckler.com The proposed budget of the BID is approximately $2,091,692 and consists of the following general categories: • $396,000 for marketing (branding, marketing,promotion); • $331,000 for programming(events and activations); • $145,000 for beautification(lighting, decor, seasonal displays); • $304,000 for sanitation("clean team" for trash removal, spills, stickers, graffiti); • $571,640 for security(off-duty police,privately-licensed security,BID ambassadors); • $205,000 for administration(staffing costs, employee benefits); and • $139,052 for general expenses(rent, insurance, equipment). II. Legal Standard The proposed South Beach BID will be created pursuant to Chapter 170 of the Florida Statutes, which sets forth the legal requirements for the imposition of special assessments on private property owners. Under Chapter 170, the City has the authority to levy and collect special assessments for the improvement and stabilization of retail business districts through promotion, management, marketing, and other similar services, subject to the approval of a majority of the affected property owners. See Section 170.01(3). Courts have set forth a two-prong test for the imposition of a valid special assessment. First,the assessed properties must derive a special benefit from the service provided. Second, the assessment must be fairly and reasonably apportioned among the specially benefitting properties. See City of Boca Raton v. State, 595 So.2d 25 (Fla. 1992). The findings of special benefit and proper apportionment "are legislative in nature and presumed correct." Donovan v. Okaloosa County, 82 So.3d 801, 811 (Fla. 2012). "The presumption of correctness can be overcome only by strong, direct, clear, and positive proof."Id. at 812. The test to determine whether a special benefit exists is "whether there is a `logical relationship' between the services provided and the benefit to the real property." Lake County v. Water Oak Mgmt. Corp., 695 So.2d 667, 669 (Fla.1997). Courts have declined to articulate a formal standard for the reasonable apportionment requirement, declaring instead that local determinations should be upheld unless they are arbitrary. See, e.g., City of Winter Springs v. State, 776 So. 2d 255, 259 (Fla. 2001) ("[T]hough a court may recognize valid alternative methods of apportionment, so long as the legislative determination by the City is not arbitrary, a court should not substitute its judgment for that of the local legislative body."). Notably, a public agency has no obligation to identify a specific dollar amount of benefit received by each parcel assessed. City of Boca Raton, 595 So.2d at 31;see also Cape Dev. Co. v. City of Cocoa Beach, 192 So. 2d 766 (Fla. 1966) (finding that statutory requirements were met where a city determined that anticipated benefits exceeded the amount of the special assessments and, consequently, city was not required to itemize the specific benefit to each parcel). Indeed, "[s]ubstantial and not exact correspondence between assessments and benefits is required, and a wide latitude is allowed for legislative discretion."Atl. Coast Line R. Co. v. City of Lakeland, 94 Fla. 347, 368, 115 So. 669, 678 (1927). 2 801 Arthur Godfrey Rd,Ste 401 / Miami Beach, FL 33140 / T 305.742.2810 / F 786.214.6734 / Llorentelleckler.com III. Analysis The proposed BID will provide wide-ranging services — including marketing, programming, security, and sanitation services — exclusively to properties within the BID boundaries. Studies have found that properties within business improvement districts enjoy significant short- and long-term financial benefits as a result of these types of services. For example, a group of researchers at New York University's Furman Center for Real Estate and Urban Policy surveyed forty-four(44) BIDs in the New York area and determined that commercial property values within BID boundaries increased approximately fifteen (15) percentage points more rapidly than comparable properties outside the BID boundaries.' In the instant case, the BID will offer valuable services exclusively within the BID boundaries. These services will create a safer, cleaner, more attractive environment that will generate more commercial activity and — according to empirical studies like the one cited above —will increase commercial property values within the BID boundaries. Clearly, then, there is a "logical relationship" between the anticipated services and the anticipated benefits to properties within the BID boundaries. In determining whether the proposed special assessment is "fairly and reasonably apportioned" among the specially benefitting properties, we must examine the formula and methodology that determines the tax obligation accruing to each specially benefitting property. In this case, the proposed formula is based on the square footage of each specially benefitting property. In other words, the ultimate tax bill for a particular property will depend largely on the size of the property. This method of cost apportionment has been expressly endorsed by the courts and described as a "traditional" methodology. See, e.g., City of Boca Raton, 595 So.2d at 31 ("While front foot or square foot methodologies for apportioning costs of special improvement projects are more traditional, other methods are permissible") (emphasis added). In order to ensure equitable distribution of costs and avoid placing an undue burden on the extraordinarily large properties, the proposed apportionment methodology provides a scaled assessment reduction for properties greater than fifty thousand square feet (50,000 sf). Residential properties have been excluded from the proposed assessment rolls.2 Finally, the proposed assessment methodology calls for a cost-differential formula where Ocean Drive properties are assessed at a rate of$2.00 per lot square foot and Collins Avenue properties are assessed at a rate of$1.00 per lot square foot. As a preliminary matter, we should note that location-based, cost- differential formulas are not unusual for business improvement districts and, in fact, have been utilized by several local business improvement districts. In the present case, the reason for the cost differential formula is simple. As noted above, while the Ocean Drive corridor and the Collins Avenue corridor are roughly equal in terms of linear footage, sidewalk coverage, etc., Ocean Drive is a single-loaded street. As a result, the cost of providing security, sanitation, and other services on Ocean Drive must be borne by properties on one side of the street, while the cost of providing similar services on Collins Avenue may be spread among properties on both sides of the street. Based on the above,we believe the proposed assessment methodology, including the cost differential, is fair and reasonable and complies with the legal requirements set forth in Florida case law. The complete report produced by New York University's Furman Center for Real Estate and Urban Policy is available at the following link:https://furmancenter.org/files/publications/FurmanCenterBlDsBrief.pdf. 2 The decision to exclude residential properties is based,in part,on the findings of the New York University study,which found that while BIDs offer substantial benefits to commercial properties,"the formation of a BID has little impact on the value of residential properties." 3 801 Arthur Godfrey Rd,Ste 401 / Miami Beach,FL 33140 / T 305.742.2810 / F 786.214.6734 / LlorenteHeckler.com To be clear, while the proponents of the BID have considered property location for purposes of designing a fair and reasonable assessment methodology, the BID proponents view both the Ocean Drive corridor and the Collins corridor as part of a unified district. As such, they have proposed a unified budget that serves the entire district. This unified budget will afford the BID reasonable flexibility to deploy services in a strategic manner that maximizes the benefit to the entire district. For example, it is anticipated that during the early years of the BID, significant security and sanitation resources will be focused on Ocean Court as well the various side streets that connect Ocean Drive and Collins Avenue. The improvement of these "connectors" will not only improve safety and aesthetics within the district, but it will increase pedestrian connectivity between the dining, hospitality, and entertainment attractions on Ocean Drive and the dining, hospitality, and shopping destinations on Collins Avenue. It is anticipated that commercial properties throughout the entire district will receive significant benefits from this increased connectivity, as well as the complementary marketing and branding efforts that will strive to create a truly unified district.3 3 This connectivity, as well as BID's (re)branding efforts, will no doubt increase commercial activity within the Collins Avenue shopping district, which includes designer brands and retailers like Urban Outfitters, Zara, Benetton, Armani Exchange, Steve Madden, Nine West, Victoria's Secret, GAP, Banana Republic, Tommy Hilfiger, Barneys COOP, Guess, Levi's True Religion,Sephora,MAC Cosmetics. 4 801 Arthur Godfrey Rd,Ste 401 / Miami Beach, FL 33140 / T 305.742.2810 / F 786.214.6734 / Llorentelleckler.com Exhibit A RESOLUTION NO. 2014-28881 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICES TO WORK WITH THE LINCOLN ROAD PROPERTY OWNERS ASSOCIATION, INC., AND THE OCEAN DRIVE IMPROVEMENT ASSOCIATION, INC., FOR THE PURPOSE OF ESTABLISHING SPECIAL ASSESSMENT DISTRICTS TO STABILIZE AND IMPROVE THE LINCOLN ROAD AND OCEAN DRIVE RETAIL BUSINESS DISTRICTS, WHICH ARE LOCATED WITHIN NATIONALLY RECOGNIZED HISTORIC DISTRICTS, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES, PURSUANT TO CHAPTER 170, FLORIDA STATUTES. WHEREAS, the Lincoln Road Property Owners Association, Inc., represents a group of owners of real estate in the vicinity of, abutting, or located on Lincoln Road; and the Ocean Drive Improvement Association, Inc., represents a group of owners of real estate in the vicinity of, abutting, or located on Ocean Drive; and WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a majority of the affected property owners, to levy and collect special assessments against property benefited for the purpose of stabilizing and improving retail business districts, wholesale business districts, or nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services, in such districts of the municipality; and WHEREAS, the Lincoln Road Property Owners Association, Inc., seeks to work with the City of Miami Beach to establish a comprehensive plan for the creation of a special assessment district under Chapter 170, Florida Statutes, in order to stabilize and improve the Lincoln Road area, a retail business district within a nationally recognized historic district, through promotion, management, marketing, and other similar services; and WHEREAS, the Ocean Drive Improvement Association, Inc., seeks to work with the City of Miami Beach to establish a comprehensive plan for the creation of a special assessment district under Chapter 170, Florida Statutes, in order to stabilize and improve the Ocean Drive area, a retail business district within a nationally recognized historic district, through promotion, management, marketing, and other similar services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and City Attorney's Offices are hereby authorized to work with the Lincoln Road Property Owners Association, Inc., and the Ocean Drive Improvement Association, Inc., for the purpose of establishing special assessment districts to stabilize and improve the Lincoln Road and Ocean Drive retail business districts, which are located within nationally recognized historic districts, through promotion, management, marketing, and other similar services, pursuant to Chapter 170, Florida Statutes. PASSED and ADOPTED this / 7 day of DeCe be.(2014. • ATTEST: s :INCORF GRATER: ;i Rafael . Granada, City Clerk • -h'Ip L- •'%- Mayor (Sponsored by Commissioner Michael 46 .... F:\ATTO\KALN\RESOLUTIONS\Lincoln Road BID\Authorization to Work With LRPOA Reso(amended).docx APPROVED AS TO FORM & LANGUAGE &FQR 9,Q,UK\---- I—I�i City Attorney Date 't MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM • TO: Jimmy Morales, City Manager FROM: Michael Grieco, Commissioner DATE: December 9th, 2014 SUBJECT: A Resolution of the Mayor and Commission of the City of Miami Beach, Florida, Authorizing the City Manager and City Attorney to work with Lincoln Road Property Owners Association, Inc., to establish a special assessment district to stabilize and improve the Lincoln Road Retail Business District through promotion, management, marketing, and other similar services, pursuant to chapter 170, Florida Statutes. Please place on the December 17th City Commission Meeting Agenda the above item,as a Resolution. If you have any questions please do not hesitate to contact Danila Bonini at extension 6457. MG/db • We ore committed to providing excellent public service and safety to all who live,work,and ploy in our vibrant,tropical,.hi.clnrir r.,mR,,.,rn, . . Agenda Item �� (7" Date 12-11-1Y RESOLUTION NO. 2018-30487 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE OFFICES OF THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE STEERING COMMITTEE OF OCEAN DRIVE AND COLLINS AVENUE PROPERTY OWNERS, FOR THE PURPOSE OF ESTABLISHING A SPECIAL ASSESSMENT DISTRICT, PURSUANT TO CHAPTER 170, FLORIDA STATUTES, TO STABILIZE AND IMPROVE THE OCEAN DRIVE AND COLLINS AVENUE RETAIL BUSINESS DISTRICT (INCLUDING PROPERTIES ALONG OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET; COLLINS AVENUE BETWEEN 5TH STREET AND 21ST STREET; AND INTERSECTING SIDE STREETS), WHICH DISTRICT IS LOCATED WITHIN A NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES. WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a majority of the affected property owners, to levy and collect special assessments against property benefited for the purpose of stabilizing and improving retail business districts, wholesale business districts, or nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services, in such districts of the municipality; and WHEREAS, the Steering Committee of Ocean Drive and Collins Avenue property owners ("Steering Committee") represents a group of owners of real estate in the vicinity of, abutting, or located on Ocean Drive and/or Collins Avenue; and WHEREAS, on December 17, 2014, the Mayor and City Commission adopted Resolution No. 2014-28881 which, in pertinent part, authorized the Offices of the City Manager and City Attorney to work with the Ocean Drive Improvement Association, Inc., for the purpose of establishing a special assessment district to stabilize and improve the Ocean Drive retail business district, which is located within a nationally recognized historic district, through promotion, management, marketing, and other similar services, pursuant to Chapter 170, Florida Statutes; and WHEREAS, since the adoption of Resolution No. 2014-28881, the Steering Committee has requested that the City Commission expand the proposed special assessment district, to include the Collins Avenue corridor, bounded on the south by 5th Street, and extending northward up to and including 21st Street; and WHEREAS, the Steering Committee seeks to work with the City of Miami Beach to establish a special assessment district under Chapter 170, Florida Statutes, in order to stabilize and improve the Ocean Drive and Collins Avenue retail business district, which is located within a nationally recognized historic district, through promotion, management, marketing, and other similar services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Offices of the City Manager and City Attorney to work with the Steering Committee of Ocean Drive and Collins Avenue property owners, for the purpose of establishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize and improve the Ocean Drive and Collins Avenue retail business district(including properties along Ocean Drive between 5th Street and 15th Street; Collins Avenue between 5th Street and 21st Street; and intersecting side streets), which is located within a nationally recognized historic district, through promotion, management, marketing, and other similar services. PASSED and ADOPTED this /oZ day of S'194--e (i( , 2018. ATTEST: t/(3,1 9/277 11 E' Dan Gelber Rafael E. Granado Mayor City Clerk (Sponsored by Commissioner Ricky Arriola) FAATTO\KALMRESOLUTIONS\Authorization to Work With Ocean Drive and Collins Ave to create BID Reso.docx .c5P,a y ,..• C APPROVED AS TO FORM& LANGUAGE , _ :: &FOR EXECUTION i r/ • Rc;11,Ctr -k \NGOn:.,, Dote dig /I''. .. � � CH • 2 Resolutions-Cl AP MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: September 12, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE OFFICES OF THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE STEERING COMMITTEE OF OCEAN DRIVE AND COLLINS AVENUE PROPERTY OWNERS, FOR THE PURPOSE OF ESTABLISHING A SPECIAL ASSESSMENT DISTRICT, PURSUANT TO CHAPTER 170, FLORIDA STATUTES, TO STABILIZE AND IMPROVE THE OCEAN DRIVE AND COLLINS AVENUE RETAIL BUSINESS DISTRICT (INCLUDING PROPERTIES ALONG OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET; COLLINS AVENUE BETWEEN 5TH STREET AND 21ST STREET; AND INTERSECTING SIDE STREETS), WHICH DISTRICT IS LOCATED WITHIN A NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES. ANALYSIS_ Pursuant to the request of Commissioner Ricky Arriola, the attached Resolution is hereby submitted for consideration by the Mayor and City Commission. Legislative Tracking Office of the City Attorney Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description o Reso Re Ch 170 Stering Committee Ocean Drive Page 904 of 1802 Exhibit B South Beach BID Budget Narrative & Scope of Services INITIAL BUDGET PROJECTION Year 1: October 1, 2020 — September 30, 2021 Summary: Revenue Assessments $ 2,093,335 Expenses Marketing $ 396,000 Programming $ 331,000 Beautification $ 145,000 Sanitation $ 304,000 Security $ 571,640 Administration $ 205,000 General Expenses $ 139,052 Total $ 2,091,692 TOTAL ASSESSMENT REVENUE $2,093,335 MARKETING $396,000 > Expenses include costs for promotional marketing,branding,advertising,and other items listed in the budget. PROGRAMMING $331,000 > Expenses include seasonal programming, activities, equipment, materials,and staffing. > Activations, events, staffing and equipment as delineated in the budget, subject to any and all required City approvals, including,for example, special event permit approvals. BEAUTIFICATION $ 145,000 > Quality decor and seasonal displays throughout the District. > Lighting, sculpture, decorations or temporary art installations, in coordination with City staff. SANITATION $304,000 > The BID's sanitation provider will supplement existing City services, and provide sanitation staff at off hours, ensure that standing water is removed, stickers and graffiti removed from streetscape elements and buildings, and other supplemental cleaning services where needed. > The BID's sanitation provider will also remove refuse from areas within the District where refuse accumulates. SECURITY $571,640 > To augment the City's police, public safety, and security services, the BID will fund off- duty police, licensed private security, and BID ambassador services. ADMINISTRATIVE EXPENSES $205,000 > Staffing costs, including employment benefits,for two employees(including an executive director and staff assistant). > Staff will generate an annual comprehensive marketing plan and develop business improvement strategies for BID businesses,with emphasis on creating and maintaining a vibrant, exciting destination for residents and visitors. GENERAL EXPENSES $ 139,052 > Office expenses include rent, supplies, postage, printing, equipment, cell phone, liability insurance, annual report, audit, and accounting and consulting services. > Other administrative expenses including director's and officers' insurance, licensing and permitting, memberships, and meeting expenses. > The costs associated with the creation of the District will be reimbursed to the applicable property owners over the course of the initial three years of the District. TOTAL $2,091,692 Exhibit C Budget Year 1 South Beach BID Partners Proposed Budget Year 1 Income Budgeted Amount BID Assessment $2,093,335 $2,093,335 Expenses Marketing Branding $150,000 Marketing Manager/Social Media $85,000 Advertising&Promotion $55,000 Printing and Listings $15,000 Pedestrian counts $35,000 Shopping Guide/Publications $15,000 Website $15,000 Photography $6,000 Graphics work $10,000 Banners $10,000 Marketing Total $396,000 Programming Programs and Activities $120,000 Events $64,600 Equipment&Materials $15,000 Hourly staff $131,400 Programming $331,000 Beautification Movable Furniture $15,000 Supplemental Services $125,000 Supplies $5,000 Beautification $145,000 Sanitation Street/Sidewalk Cleaning $220,000 Street manager $60,000 Supplies $15,000 Uniforms $5,000 Radios,tech and miscellaneous $4,000 Sanitation $304,000 Security Off-Duty Police $368,640 Public Safety Officers/Ambassadors $190,000 Uniforms $4,000 Supplies $5,000 Security $571,640 Administrative Executive Director FT salary $135,000 Support Staff Person $55,000 Legal fees $15,000 Administrative $205,000 General Expenses Filing and Permit Fees $500 Startup Costs-seed funding $64,852 Membership&Subscriptions $3,000 Insurance $6,000 Office expense-Rent $24,000 Office expense-Utilities $1,500 Office expense-Supplies, Post $25,000 IT $5,000 Payroll processing fees $1,700 Accounting Fees (Audit fee,qtrly account reconciliation) $7,500 General Expenses $139,052 Total Expenses $2,091,692 $1,643 Initial Startup Costs THE SOUTH BEACH BID BUSINESS IMPROVEMENT DISTRICT I I I Creating Our Future I Focused and Disciplined I Transformational Change BID consultant $154,235.80 CPA $1 ,000.00 Data Admin. Support $5,700.00 Election $28,000.00 Legal $10,153.75 Marketing $5,000.00 Miscellaneous $1 ,424.08 As of Aug 19, 2019 TOTAL $205,513.63 NOTE: Costs associated with the creation of the District will be reimbursed to applicable property owners over the course of the initial three years of the District. Exhibit D • pUNCOLN LN v ��� ��., y - • 1 .-.e, s4' `mo i -L :' j1 S 111A - . iii,J gallMa +r. !4 t ;l3 I§f-- Y ' • • UMW , gli _ ' a� i L....irrisrH ST 15TH SST 1 -z-„> t, iy t,!,,Ith. 'L . " ' ESPANOCA WAY '� �� �e' "+ , i PLACE r* t� "��i,i ) :14th 14TH PL` ++ 1 4' y }•. T tri A~ � �. 3- �' ----� - —� U A a� 'f Z •milk ` -'+ 14THS -I m {` ; )-__._ 3 ` l r U + . v .:I.,: r1 ' j ... r ._ .• r y-" Zt y! Mr _;3TheNt. a • • `- $ {,ter .,`' l+ —i - .. 1TTH _ ., ,„.. y < ��tr� _ .--rweibiss ,,,. ., ., t,4 t. . . ... .,.:,.1 ._,. ..4_,t. _.:-_ _ , ,... _ ..____,,.▪ _ ._„:1_ el,„:„..c .: _____, . 4 , _...1 ... A.. • i :I .., _ , , ..... . , : :...6.1: 1......1.11 �i F� r t... a .,1. _ "nun_ , ,...__ __ iy-0 1.1 k'' re f'' '10TH STir jos M. w,'- iiie.il: t' 8 t., ..., A -, _; i. • - z tit -.. ; it, �-. so ': t. g ' . ' ti -.% /). i..' , Is _ . 4. , _________ 4 _ I 1. . _ ., __.:-,.. . /40 -., › ..__• -..- Q 9TH ST 2t i - 1 ,_.., m . '— ----._,, t�1. ,_. 1O7-- - 111/4'..."'s. -2 W 7TH ST - 3 i -9u� •_ 1. ti f j , 6THST, (�'a��.�'� 'f ZR, I A 8TH ST t . w„tW C �f i s e + r f 2 ._L,' : it 5TH ST 2 City of Miami Beach l° IS Legend South Beach ,: a.. _ Business Improvement District Business Improvement District Properties included N the Dialect - Note T.map is to be used for olannng purposes only Government own.properties(not assessed) The city or Mom,Beach snag not be held liable Residential properties(not assessed) Nfor any eau,or damage caused by the use or data A aseibuted as a public records request regardless o' Neer use or aoollcahon.The creator of this map dues r guarantee eaccuracy.« tresey or plied 11 El not guaran and no warranty or expressed or m,pled O 250 500 Map created on 12/91/2019 Feet Pe n M tSCMBtclstPropnsn9-Economic deyelopme,ntA¢MaraSout Basco Buvteswevelopmem.msd Exhibit E Assessment Methodologies 1. Properties within the District that front Ocean Drive shall be assessed at the rate of two dollars($2.00) per square foot, and properties within the District that front Collins Avenue shall be assessed at the rate of one dollar ($1.00) per square foot. 1 2. Condominium properties shall be assessed, at the prevailing rate above, per square foot of each ground floor condominium unit, excluding common areas. Non-condominium properties shall be assessed, at the prevailing rate above, per square foot of the property's lot area. 3. The following exceptions to the above sections 1 and 2 shall apply: a. As to the properties located at 530 Ocean Drive and 1330 Ocean Drive, the assessment shall be based on the unit size of the ground level in addition to the unit size of any commercial uses in a basement below grade. b. As to the property located at 1412 Ocean Drive, the assessment shall be based on the unit size of the ground level commercial use. c. As to the property located at 1300 Collins Avenue, the assessment shall be based upon the unit size of the ground level commercial uses. 4. Properties that are 50,000 square feet in lot size or greater shall be assessed pursuant to the following formula: - The first 49,999 square feet of the property shall be assessed at 100% of the rate set forth above; - Each square foot between 50,000 and 100,000 shall be assessed at 90% of the rate; - Each square foot between 100,001 and 150,000 square feet shall be assessed at 80% of the rate; - Each square foot between 150,001 and 200,000 square feet shall be assessed at 70% of the rate; and - Each square foot greater than 200,000 square feet shall be assessed at 60% of the rate. 5. Properties within the proposed District that are also located within the boundaries of the Washington Avenue Business Improvement District shall be assessed at the rate of sixty cents ($0.60) per square foot. 1 An opinion of counsel submitted by the proponents of the South Beach Business Improvement District and relating to the legal sufficiency of the proposed assessment formula is attached as Exhibit "1" to the Memorandum accompanying this Resolution (See Letter of Michael Llorente, Esq., dated November 1, 2019). Exhibit F DRAFT PRELIMINARY ASSESSMENT ROLL Ground floor condominium units shall be assessed on the basis of the square feet of the unit. Non-condominium property shall be assessed on the basis of lot size. 1. Properties located on the East side of Ocean Drive(assessed at the rate of$2.00 per square foot). Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 1 1 1451 Ocean Drive CU-100 1,477 02-3234-165-0010 $2,954 2 1 1451 Ocean Drive CU-101 634 02-3234-165-0020 $1,268 3 1 1451 Ocean Drive CU-102 579 02-3234-165-0030 $1,158 4 1 1451 Ocean Drive CU-103 888 02-3234-165-0040 $1,776 5 1 1451 Ocean Drive CU-104 2,044 02-3234-165-0050 $4,088 6 1 1451 Ocean Drive CU-105 2,578 02-3234-165-0060 $5,156 7 1 1451 Ocean Drive CU-PU-1 1,468 02-3234-165-0100 $2,936 2. Properties located on the West side of Ocean Drive (assessed at the rate of $2.00 per square foot). Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 8 4 510 Ocean Drive CU-1 ->-------- 1,730 02-4203-223-0540 $3,460 9 4 510 Ocean Drive CU-2 6,160 02-4203-223-0550 $12,320 10 4 121 5 Street CU-3 730 02-4203-223-0560 $1,460 11 4 510 Ocean Drive CU 4 __� 110 02-4203-223-0570 $220 12 5 524 Ocean Drive 6,018 02-4203-002-0050 $12,036 13 6 530 Ocean Drive Unit Rest 3,120 02-4203-213-0010 $6,240 14 6 530 , Ocean Drive Unit 1,430 02-4203-213-0020 $2,860 Courtyard 15 6 530 Ocean Drive Unit 1,058 02-4203-213-0030 $2,116 Basement 16 7 600 Ocean Drive 16,939 02-4203-004-0060 $33,878 17 8 620 Ocean Drive 6,500 02-4203-004-0050 $13,000 18 9 626 Ocean Drive 26,000 02-4203-004-0040 $52,000 19 12 660 Ocean Drive 6,500 02-4203-004-0010 $13,000 20 13 700 Ocean Drive 9,750 02-4203-004-0190 $19,500 21 14 720 Ocean Drive 9,750 02-4203-004-0180 $19,500 1 DRAFT Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 22 15 728 Ocean Drive 6,500 02-4203-004-0170 $13,000 23 16 736 Ocean Drive 6,500 02-4203-004-0160 $13,000 24 17 740 Ocean Drive 6,500 02-4203-004-0150 $13,000 25 18 750 Ocean Drive 6,500 02-4203-004-0140 $13,000 26 19 760 Ocean Drive 6,500 02-4203-004-0130 $13,000 27 20 800 Ocean Drive 6,500 02-4203-004-0350 $13,000 28 21 804 Ocean Drive 6,500 02-4203-004-0340 $13,000 29 22 820 Ocean Drive 6,500 02-4203-004-0330 $13,000 30 23 826 Ocean Drive 6,500 02-4203-004-0320 $13,000 31 24 834 Ocean Drive SP-1 �- 150 02-4203-170-0010 $300 32 24 834 Ocean Drive SP-2150 02-4203-170-0020 $300 33 24 834 Ocean Drive SP-3 150 02-4203-170-0030 $300 34 24 834 Ocean Drive SP-4 150 02-4203-170-0040 $300 35 24 834 Ocean Drive SP-5 130 02-4203-170-0050 $260 36 24 834 Ocean Drive SP-6 130 02-4203-170-0060 $260 37 24 834 Ocean Drive SP-7130 02-4203-170-0070 $260 38 24 834 Ocean Drive#101 2,320 02-4203-170-0080 $4,640 39 24 834 Ocean Drive#102 3,410 02-4203-170-0090 $6,820 40 25 850 Ocean Drive#101 3,920 02-4203-227-0010 $7,840 41 26 860 Ocean Drive 6,500 02-4203-004-0280 $13,000 42 27 900 Ocean Drive 13,000 02-3234-008-0060 $26,000 43 28 918 Ocean Drive CU 3,640 02-4203-212-0220 $7,280 44 29 928 Ocean Drive 6,500 02-3234-008-0040 $13,000 45 30 940 Ocean Drive 13,000 02-3234-008-0030 $26,000 46 31 960 Ocean Drive 13,000 02-3234-008-0010 $26,000 47 32 1020 Ocean Drive 19,500 02-3234-008-0170 $39,000 48 33 1024 Ocean Drive CUA 100 2,827 02-4203-302-0880 $5,654 49 33 1036 Ocean Drive CUB 100 3,910 02-4203-302-0890 $7,820 50 33 1052 Ocean Drive CUC 100 6,650 02-4203-302-0900 $13,300 51 33 1060 Ocean Drive CUD 100 5,838 02-4203-302-0910 $11,676 52 34 1116 Ocean Drive 19,500 02-3234-008-0310 $39,000 53 35 1144 Ocean Drive 25,740 02-3234-008-0280 $51,480 54 36 1200 Ocean Drive 7,322 02-3234-008-0420 $14,644 55 37 1220 Ocean Drive 13,000 02-3234-008-0410 $26,000 56 38 1236 Ocean Drive 13,000 02-3234-008-0390 $26,000 2 DRAFT Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 57 39 1244 Ocean Drive 7,175 >C 0• 2-3234-008-0380 $14,350 58 40 1250 Ocean Drive Rest 4,740 02-3234-190-0200 $9,480 59 40 1250 Ocean Drive Reta 2,530 02-3234-190-0210 $5,060 60 41 1300 Ocean Drive 13,000 02-3234-008-0510 $26,000 61 42 1320 Ocean Drive 6,500 02-3234-008-0500 $13,000 62 43 1330 Ocean Drive C-1 \ / 2,990 02-3234-081-0010 $5,980 63 43 1330 Ocean Drive C-2490 02-3234-081-0020 $980 64 43 1330 Ocean Drive C-3 645 02-3234-081-0030 $1,290 65 43 1330 Ocean Drive C-4 905 02-3234-081-0040 $1,810 66 43 1330 Ocean Drive C-5 1,150 02-3234-081-0050 $2,300 67 43 1330 Ocean Drive C-6 1,670 02-3234-081-0060 $3,340 68 43 1330 Ocean Drive C-17 1,160 02-3234-081-0170 $2,320 Ocean Drive 2A 69 43 1330 (C7 C16) 2,578 02-3234-081-0171 $5,156 70 44 1390 Ocean Drive#105 1,267 02-3234-075-0200 $2,534 71 44 1390 Ocean Drive#106 574 02-3234-075-0250 $1,148 72 45 1400 Ocean Drive 6,500 02-3234-008-0650 $13,000 73 46 1410 Ocean Drive U0101 650 02-3234-202-0010 $1,300 74 46 1410 Ocean Drive U0102 500 02-3234-202-0020 $1,000 75 46 1410 Ocean Drive U0103 526 02-3234-202-0030 $1,052 76 46 1410 Ocean Drive U0104 502 02-3234-202-0001 $1,004 77 46 1410 Ocean Drive CU01 5,432 02-3234-202-0490 $10,864 78 47 1412 Ocean Drive 6,500 02-3234-008-0630 $7,400 79 48 1418 Ocean Drive CU-1 402 02-3234-185-0440 $804 80 48 1418 Ocean Drive CU-2 1,001 02-3234-185-0450 $2,002 81 48 1418 Ocean Drive CU-3 209 02-3234-185-0460 $418 82 48 1418 Ocean Drive CU-4 577 02-3234-185-0470 $1,154 83 49 1420 Ocean Drive 6,500 >C 0• 2-3234-008-0610 $13,000 84 50 1430 Ocean Drive CU-1 450 02-3234-122-0270 $900 85 50 1424 Ocean Drive CU-2 110 02-3234-122-0540 $220 86 50 1424 Ocean Drive CU-3 570 02-3234-122-0550 $1,140 87 51 1440 Ocean Drive 14,537 C 0• 2-3234-008-0581 $29,074 3 DRAFT 3. Properties located on the East side of Collins Avenue (assessed at the rate of $1.00 per square foot). Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 88 54 509 Collins Avenue 15,093 02-4203-002-0080 $15,093 89 56 601 Collins Avenue 7,182 02-4203-004-0070 $7,182 90 58 635 Collins Avenue 14,000 --411111111111.1P- 02-4203-004-0090 $14,000 91 59 645 Collins Avenue 7,000 02-4203-004-0100 $7,000 92 60 653 Collins Avenue 7,000 111;102-4203-004-0110 $7,000 93 61 673 Collins Avenue 14,000 02-4203-004-0120 $14,000 94 64 721 Collins Avenue 7,000 404010. 02-4203-004-0220 $7,000 95 96 66 735 Collins Avenue 7,000 02-4203-004-0240 $7,000 97 67 745 Collins Avenue 7,000 02-4203-004-0250 $7,000 98 68 751 Collins Avenue C-1 452 02-4203-327-0080 $452 99 68 751 Collins Avenue C-2 430 02-4203-327-0090 $430 100 68 751 Collins Avenue C-3 430 02-4203-327-0100 $430 101 68 751 Collins Avenue C-4 430 02-4203-327-0110 $430 102 68 751 Collins Avenue C-5 463 02-4203-327-0120 $463 103 68 751 Collins Avenue C-6 305 02-4203-327-0130 $305 104 68 751 Collins Avenue C-7 430 02-4203-327-0140 $430 105 68 751 Collins Avenue C-8 450 02-4203-327-0150 $450 106 68 751 Collins Avenue C-9 225 02-4203-327-0160 $225 107 69 126 8 ST 7,000 02-4203-004-0270 $7,000 108 70 801 Collins Avenue 14,000 --111111111.1"-- 02-4203-004-0360 $14,000 109 72 825 Collins Avenue 7,000 440000. 02-4203-004-0380 $7,000 110 73 855 Collins Avenue 21,000 02-4203-004-0410 $21,000 111 74 865 Collins Avenue A 494 02-4203-258-0010 $494 112 74 865 Collins Avenue B 702 02-4203-258-0020 $702 113 74 865 Collins Avenue C 1,079 02-4203-258-0030 $1,079 114 74 865 Collins Avenue D 613 02-4203-258-0040 $613 115 74 865 Collins Avenue E 295 02-4203-258-0050 $295 116 74 865 Collins Avenue F 585 02-4203-258-0060 $585 117 74 865 Collins Avenue G 678 02-4203-258-0070 $678 118 76 909 Collins Avenue 7,000 02-3234-008-0080 $7,000 4 DRAFT Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 119 77 919 Collins Avenue 7,000 02-3234-008-0090 $7,000 120 78 929 Collins Avenue 7,000 02-3234-008-0100 $7,000 121 80 1001 Collins Avenue 20,860 02-3234-008-0200 $20,860 122 83 1051 Collins Avenue 7,000 02-3234-008-0250 $7,000 123 84 1059 Collins Avenue 5,700 02-3234-008-0260 $5,700 124 85 124 11 Street 1,300 02-3234-008-0270 $1,300 125 86 1111 Collins Avenue CU-1 1,050 02-4203-203-0630 $1,050 126 86 1111 Collins Avenue CU-2 450 02-4203-203-0640 $450 127 86 1111 Collins Avenue CU-3 2,600 02-4203-203-0650 $2,600 128 87 1119 Collins Avenue#145 J� 1,170 02-4203-210-0440 $1,170 129 88 1131 Collins Avenue 11,900 -< 02-3234-008-0350 $11,900 130 89 1155 Collins Avenue 8,844 02-3234-373-0010 $8,844 131 89 1155 Collins Avenue 28,339 02-3234-373-0020 $28,339 132 90 1201 Collins Avenue 12,600 02-3234-008-0430 $12,600 133 91 1221 Collins Avenue 8,400 02-3234-008-0440 $8,400 134 92 1225 Collins Avenue 7,000 02-3234-008-0450 $7,000 135 97 1343 Collins Avenue 7,000 02-3234-008-0560 $7,000 136 98 1351 Collins Avenue 7,000 02-3234-008-0570 $7,000 137 100 1401 Collins Avenue 10,500 02-3234-008-0660 $10,500 138 101 1411 Collins Avenue 10,500 02-3234-008-0670 $10,500 139 102 1415 Collins Avenue 7,980 02-3234-008-0680 $7,980 140 103 1423 Collins Avenue 9,548 02-3234-008-0690 $9,548 141 104 1425 Collins Avenue 10,500 02-3234-008-0700 $10,500 142 105 1433 Collins Avenue 20,258 02-3234-008-0710 $20,258 143 106 1435 Collins Avenue 9,095 02-3234-012-0040 $9,095 144 108 1437 Collins Avenue 31,206 02-3234-012-0050 $31,206 145 109 1475 Collins Avenue 12,400 >< 02-3234-019-1230 $12,400 146 111 1501 Collins Avenue CU-100 4,492 02-3234-163-0010 $4,492 147 111 1501 Collins Avenue CU-103 291 02-3234-163-0060 $291 148 111 1501 Collins Avenue CU-104 4,755 02-3234-163-0070 $4,755 149 111 1501 Collins Avenue CU-107 1,873 02-3234-163-0110 $1,873 150 111 1501 Collins Avenue CU-110 1,222 02-3234-163-0120 $1,222 151 111 1501 Collins Avenue CU-112 1,614 02-3234-163-0130 $1,614 152 112 1545 Collins Avenue 81,125 02-3234-019-0960 $73,013 153 113 1601 Collins Avenue 219,625 02-3234-019-0890 $131,775 5 DRAFT 4. Properties located on the West side of Collins Avenue (assessed at the rate of$1.00 per square foot). Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 154 136 500 Collins Avenue 38,094 02-4203-002-0100 $38,094 155 137 215 6 Street 5,944 02-4203-004-0800 $5,944 156 138 604 Collins Avenue 7,000 02-4203-004-0790 $7,000 157 139 614 Collins Avenue 7,000 02-4203-004-0780 $7,000 158 140 624 Collins Avenue 7,000 02-4203-004-0770 $7,000 159 141 634 Collins Avenue 23,537 02-4203-004-0730 $23,537 160 142 670 Collins Avenue 3,614 02-4203-004-0720 $3,614 161 144 700 Collins Avenue 7,000 �.iiiii....._ 02-4203-004-0630 $7,000 162 146 736 Collins Avenue 7,000 02-4203-004-0600 $7,000 163 147 740 Collins Avenue 7,000 02-4203-004-0590 $7,000 164 148 750 Collins Avenue CU1 5,134 02-4203-304-0170 $5,134 165 149 760 Collins Avenue 7,000 02-4203-004-0570 $7,000 166 150 800 Collins Avenue 7,000 02-4203-004-0500 $7,000 167 151 808 Collins Avenue 14,000 02-4203-004-0490 $14,000 168 152 826 Collins Avenue 7,000 02-4203-004-0470 $7,000 169 153 832 Collins Avenue 7,000 02-4203-004-0460 $7,000 170 154 844 Collins Avenue 7,000 02-4203-004-0450 $7,000 171 155 852 Collins Avenue 7,000 02-4203-004-0440 $7,000 172 156 860 Collins Avenue 7,000 02-4203-004-0430 $7,000 173 157 900 Collins Avenue 7,000 02-3234-008-1380 $7,000 174 159 920 Collins Avenue 7,000 02-3234-008-1360 $7,000 175 160 944 Collins Avenue 21,000 02-3234-008-1340 $21,000 176 161 952 Collins Avenue 7,000 02-3234-008-1330 $7,000 177 162 960 Collins Avenue 7,000 02-3234-008-1320 $7,000 178 163 1000 Collins Avenue 13,900 02-3234-008-1241 $13,900 179 164 1020 Collins Avenue 8,000 02-3234-008-1240 $8,000 180 165 1030 Collins Avenue 7,000 02-3234-008-1230 $7,000 181 167 1058 Collins Avenue 7,000 02-3234-008-1210 $7,000 182 168 1100 Collins Avenue CU-1 870 02-4203-211-0250 $870 183 168 1100 Collins Avenue CU-2 580 02-4203-211-0260 $580 184 168 1100 Collins Avenue CU-3 560 02-4203-211-0270 $560 185 168 1100 Collins Avenue CU-4 580 02-4203-211-0280 $580 186 168 1100 Collins Avenue CU-5 j --______ 610 02-4203-211-0290 $610 6 DRAFT Voter Map No. No. Property Address Lot S.F. Folio S.F. Folio No. Assessment 187 168 1100 Collins Avenue CU-6 300 02-4203-211-0300 $300 188 168 1100 Collins Avenue CU-71,260 02-4203-211-0310 $1,260 189 169 1120 Collins Avenue 14,000 02-3234-008-1130 $14,000 190 170 1130 Collins Avenue 14,000 02-3234-008-1110 $14,000 191 172 1200 Collins Avenue 7,000 02-3234-008-1080 $7,000 192 173 1208 Collins Avenue 7,000 02-3234-008-1070 $7,000 193 174 1220 Collins Avenue 7,000 02-3234-008-1060 $7,000 194 175 1228 Collins Avenue 7,000 02-3234-008-1050 $7,000 195 176 1238 Collins Avenue 7,000 02-3234-008-1040 ' $7,000 196 180 1330 Collins Avenue 7,000 adiiiimmi. 02-3234-008-0930 $7,000 197 182 1340 Collins Avenue 7,000 wilmin • 02-3234-008-0910 $7,000 198 183 1350 Collins Avenue 7,000 ill • 02-3234-008-0900 $7,000 199 184 1360 Collins Avenue 7,000 • 02-3234-008-0890 $7,000 200 185 1400 Collins Avenue 14,000 02-3234-008-0800 $14,000 201 186 1414 Collins Avenue 14,000 02-3234-008-0790 $14,000 202 188 1420 Collins Avenue 7,000 02-3234-008-0770 $7,000 203 189 1424 Collins Avenue 7,000 448000. 02-3234-008-0760 $7,000 204 190 1428 Collins Avenue 7,000 02-3234-008-0750 $7,000 205 191 1434 Collins Avenue, Unit 1 654 02-3234-195-0010 $654 206 191 1434 Collins Avenue, Unit 2 455 02-3234-195-0020 $455 207 191 1434 Collins Avenue, Unit 3 527 02-3234-195-0030 $527 208 191 1434 Collins Avenue, Unit 4 787 02-3234-195-0040 $787 209 191 1434 Collins Avenue, Unit 5 1,055 02-3234-195-0050 $1,055 210 191 1434 Collins Avenue, Unit 6 413 02-3234-195-0060 $413 211 191 1434 Collins Avenue, Unit 7 790 02-3234-195-0070 $790 212 192 1438 Collins Avenue 10,057 02-3234-013-0030 $10,057 213 193 1450 Collins Avenue 10,411 02-3234-013-0010 $10,411 214 194 1500 Collins Avenue 60,445 02-3234-019-1190 $36,267 215 195 1506 Collins Avenue 8,800 02-3234-019-1040 $8,800 216 196 1510 Collins Avenue 9,250 I. lin• 02-3234-019-1050 $9,250 217 197 1520 Collins Avenue 9,700 02-3234-019-1060 $9,700 218 198 1530 Collins Avenue 20,500 02-3234-019-1070 $20,500 219 199 1550 Collins Avenue 22,200 02-3234-019-1080 $22,200 220 201 1600 Collins Avenue 22,700 02-3234-019-0780 $22,700 221 202 1610 Collins Avenue 18,075 02-3234-019-0790 $18,075 7