MOU Signed 41st Street BIDMEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
MIDDLE BEACH PARTNERSHIP, INC.
TO CONDUCT A SPECIAL MAIL BALLOT ELECTION
TO APPROVE THE CREATION OF THE SPECIAL ASSESSMENT DISTRICT
TO BE KNOW N AS TH E 41ST STRE ET BUSINESS IMPROVEMENT DISTRICT
AND TO PROVIDE FUNDING FOR THE CITY'S COSTS ASSOCIATED THEREWITH
This Memorandum of Understanding ("MOU") is hereby entered into this MAY 1 6 2023
day of,2O23, by and between the City of Miami Beach, a Florida municipal
corporation with offices at 1700 Convention Center Drive, Miami Beach, Florida 33139
("City"), and Middle Beach Partnership, Inc., a Florida not-for-profit corporation with
offices at 975 41° Street, Suite 6O0, Miami Beach, FL 3314O (the "BID") (altogether, the
"Parties").
RECITALS
WHEREAS, on March 27, 2O23, the Mayor and City Commission adopted
Resolution No. 2O23-32544, which created, pursuant to Chapter 17O, Florida Statutes,
and subject to the approval of a majority of the affected property owners, a special
assessment district to be known as the 41 st Street Business Improvement District (the
"District"), for a term of ten (1O) years, to stabilize and improve the 41°' Street retail
business district through promotion, management, marketing, and other similar services;
WHEREAS, Resolution No. 2023-32544 provides for the levy and collection of
special assessments, which shall increase by five (5%) percent every two (2) years; and
W HEREAS, the District is generally bounded on the west by Alton Road, on the
east by Indian Creek Canal, and consists of properties abutting West 41 st Street/Arthur
Godfrey Road; provided, however, that the following properties shall be excluded and
exempted from the District: (1) residential properties; (2) any property owned by a City,
County, State, or Federal governmental entity or school district; and (3) any property
owned or occupied by a religious institution and used as a place of worship or education
(as defined in Section 170.2O1(2), Florida Statutes); and
W HEREAS, a special mail ballot election shall be held to determine whether,
pursuant to Chapter 17O, Florida Statutes, a majority (50% plus one) of the affected
property owners approve the creation of the District (the "Election"); and
W HEREAS, the City and the BID hereby agree to the terms of this MOU, which
shall set forth the obligations of the Parties with respect to the Election.
N O W , T H E R E F O R E , in consideration of the foregoing, the parties agree as follows:
1. RECITALS
The recitals are true and correct and hereby incorporated into and made a part of this
MOU.
2. CITY'S OBLIGATIONS
The City, through the Office of the City Clerk and Office of the City Attorney, shall provide
the following services relative to the Election:
A. Conduct the Election, pursuant to the Special Mail Ballot Election Procedures,
attached hereto and incorporated herein as Exhibit "A."
B. Prepare and disseminate any documents necessary to effectuate the Election,
including the official ballot, instruction sheet, and form affidavit affirming the voter's
authority to vote on behalf of a property owner, as well as any notices and
advertisements required by law.
C. Communicate with the Mayor and City Commission regarding the progress of the
Election.
3. TERM AND EXPIRATION DATE
This MOU and the Parties' obligations hereunder shall commence upon the full execution
of this MOU, and shall terminate upon the City Clerk's certification of the results of the
Election to the City Commission.
4 . COMPENSATION
The BID shall pay and/or reimburse the City for all costs necessary to conduct the
Election, including the City's staff costs, as well as the cost of postage, printing, mailing,
supplies, advertising, and translation (the "Fee"), as set forth in the proposed budget,
attached hereto as Exhibit "B." The total Fee due to the City shall not exceed $30,000,
unless otherwise mutually agreed to and approved, in writing, by the Parties. For
purposes of this Section 4, the City Manager shall be authorized to act on behalf of the
City.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the
date first written above.
CITY OF MIAMI BEACH, FLORIDA
ATTEST: ».. 'aasee.cc
City Clerk
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Date
Alina T. Hudak
City Manager
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Date
MIDDLE BEACH PARTNERSHIP, INC.
ATTEST:
By: .£. ea #a-
Ira Giller
President
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Date
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APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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City Attorney (). Date
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