Resolution 2021-31635 RESOLUTION NO. 2021-31635
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE FINAL
ASSESSMENT ROLL FOR THE LINCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT, TO REMOVE FROM THE
ASSESSMENT ROLL THE PROPERTY LOCATED AT 1620
DREXEL AVENUE, WHICH IS OWNED AND OCCUPIED BY
MIAMI BEACH COMMUNITY CHURCH, INC., A RELIGIOUS
INSTITUTION USED AS A PLACE OF WORSHIP OR
EDUCATION, WHICH PROPERTY IS EXCLUDED AND EXEMPT
FROM THE DISTRICT PURSUANT TO RESOLUTION NO. 2015-
28992 AND SECTION 170.201(2), FLORIDA STATUTES; AND,
ACCORDINGLY,WAIVING$28,000 IN OUTSTANDING SPECIAL
ASSESSMENTS FOR THE SUBJECT PROPERTY.
WHEREAS, 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, 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 (the "District"), through promotion,
management, marketing, and other similar services; and
WHEREAS, Resolution 2015-28992 provides that, 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 District; and
WHEREAS, pursuant to Section 170.201(2), Florida Statutes, property owned or occupied
by a religious institution and used as a place of worship or education shall be excluded and
exempted from the District; and
WHEREAS, 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; and
WHEREAS, Miami Beach Community Church, Inc., located at 1620 Drexel Avenue, is a
religious institution within the meaning of Section 170.201(2), Florida Statutes; and
WHEREAS, however, in May 2014, Miami Beach Community Church, Inc., entered into a
ground lease with South Beach Tristar LLC, for the lease and private development of a retail
building on a portion of the property located at 1620 Drexel Avenue (the "Property") (altogether,
the "Ground Lease"); and
WHEREAS, on September 30, 2015, the 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
WHEREAS, the portion of 1620 Drexel Avenue that was subject to the Ground Lease is
included in the Final Assessment Roll; and
WHEREAS, on August 14, 2020, Miami Beach Community Church, Inc., and South Beach
Tristar LLC recorded a Termination of Memorandum of Lease, terminating the Ground Lease;
and
WHEREAS, no private retail development was ever constructed at 1620 Drexel Avenue,
and the entirety of the Property is once again owned and occupied by Miami Beach Community
Church, Inc.; and
WHEREAS, $42,000 in special assessments have been levied for the portion of the
Property that was subject to the Ground Lease; and
WHEREAS, Miami Beach Community Church, Inc., has reached an agreement with
Lincoln Road Business Improvement District, Inc. (the "BID"), to pay $14,000 of the outstanding
assessments to the City; and
WHEREAS, given that no private development of the Property has occurred, Miami Beach
Community Church, Inc., has requested that the City Commission remove the Property from the
Final Assessment Roll and waive $28,000 in outstanding assessments; and
WHEREAS, the BID has advised the City, in writing, that it supports the adoption of this
Resolution.
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 amend
the Final Assessment Roll for the Lincoln Road Business Improvement District, to remove from
the assessment roll the property located at 1620 Drexel Avenue, which is owned and occupied
by Miami Beach Community Church, Inc., a religious institution used as a place of worship or
education, which property is excluded and exempt from the District pursuant to Resolution No.
2015-28992 and Section 170.201(2), Florida Statutes; and, accordingly, waive $28,000 in
outstanding special assessments for the subject Property.
PASSED and ADOPTED this !7 day of Parc4 , 2021.
ATTEST:
f /3/2-
f2r/ + Dan Gelber, Mayor
Rafael`E. Granado, City Clerk
APPROVED AS TO FORM AND
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Resolutions -C7 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE FINAL ASSESSMENT
ROLL FOR THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT,
TO REMOVE FROM THE ASSESSMENT ROLL THE PROPERTY LOCATED
AT 1620 DREXEL AVENUE, WHICH IS OWNED AND OCCUPIED BY MIAMI
BEACH COMMUNITY CHURCH, INC., A RELIGIOUS INSTITUTION USED
AS A PLACE OF WORSHIP OR EDUCATION, WHICH PROPERTY IS
EXCLUDED AND EXEMPT FROM THE DISTRICT PURSUANT TO
RESOLUTION NO. 2015- 28992 AND SECTION 170.201(2), FLORIDA
STATUTES;AND,ACCORDINGLY,WAIVING ALL OUTSTANDING SPECIAL
ASSESSMENTS FOR THE SUBJECT PROPERTY.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
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, 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 (the "District'), through promotion,
management, marketing,and other similar services.
Pursuant to Section 170.201(2), Florida Statutes, property owned or occupied by a religious
institution and used as a place of worship or education shall be excluded and exempted from
the District. Resolution No. 2015-28992 further provides that, 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 be included in the District.
ANALYSIS
Miami Beach Community Church, Inc., located at 1620 Drexel Avenue, is a religious institution
within the meaning of Section 170.201(2), Fla. Stat. However, in May 2014, Miami Beach
Community Church entered into a ground lease with South Beach Tristar LLC, for the lease and
private development of a retail building on a portion of the property located at 1620 Drexel
Page 465 of 2284
Avenue (the"Property")(altogether,the"Ground Lease").
On September 30, 2015, the City Commission adopted Resolution No. 2015-29145,
approving, following a duly noticed public hearing, the Final Assessment Roll for the District.
The portion of 1620 Drexel Avenue that was subject to the Ground Lease is included in the
Final Assessment Roll.
On August 14, 2020,the Ground Lease was terminated. No private retail development was ever
constructed at 1620 Drexel Avenue, and the entirety of the Property is once again owned and
occupied by Miami Beach Community Church.
Given that no private development on the Property has occurred, Miami Beach Community
Church has requested that the City Commission remove the Property from the Final
Assessment Roll and waive all outstanding assessments. $42,000.00 in special assessments
have been levied for the portion of the Property that was subject to the Ground Lease.
SUPPORTING SURVEY DATA
n/a
CONCLUSION
Both the removal of the Property from the assessment roll and the waiver of outstanding
assessments would be consistent with the terms of Resolution No. 2015-28992 and Sec.
170.201(2), Florida Statutes. Accordingly, the City Manager and City Attorney recommend that
the City Commission adopt the Resolution
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Non-Applicable
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
o Resolution
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