HomeMy WebLinkAboutSEOPW-CRA-1198-11-16-Discussion Item 07ITY OF MIAMI
CITY ATTORNEY'S OFFI
MEMORANDUM
TO: Donald H. Warshaw. City Mana
FROM: Alejandro Vilarello, City Art
DATE: October 27, 1998
RE:
The Community Redevfo ent Agency's entitlement to revenues generated
from certain Leased Premises generally referred to as the Arena Parking Lots
In response to the Commissioner Arthur E. Teele's query regarding the Community
Redevelopment Agency's ( "CRA ") entitlement to revenues generated from certain leased
premises generally referred to as the Arena Parking Lots, I have reached the following
conclusion:
Revenues generated from certain leased premises generally referred to as the
Arena Parking Lots are revenues of the CRA, and therefore any future receipts on
account of these leased premises should be directed to the CRA.
The information that we have been able to document concerning the property in question
indicates that the subject premises were leased by the City of Miami to the Department of
Offstreet Parking ( "DOSP ") in 1988. The Lease provided for rent to the City of Miami based on
a percentage of revenues, net of operating expenses incurred by DOSP. In 1992 the Lease was
extended through the year 1998, and was extended again in 1993 through the year 2000 - - ". The
last extension provided for DOSP to retain $1,092,967 in revenues in order to compensate DOSP
for accumulated deficits of the Gusman & Olympia Enterprise Fund of the City of Miami.
In 1995, the City Commission adopted Resolution No. 95 -268, directing the then City
Manager and the City Attorney to take whatever steps were necessary to transfer all assets of the
City of Miami located in the Southeast Overtown/Parkwest Community Redevelopment District
to the Southeast Overtown/Parkwest Community Redevelopment Agency. This included the
assignment of the referenced DOSP Lease. From the information that we have available today,
the property in question was legally described in six different parcels. Two of the parcels were
deeded to the CRA in 1995. Two more were deeded in 1998. The details concerning the last
two remaining parcels are still unclear.
The City was advised by DOSP on October 15, 1998, that the accumulated deficits
I/ This opinion does not address any issues concerning the propriety or authorization of the Lease extension
except to note that Lease extensions were executed by the City Manager and the City Attorne /, as well
as the Executive Director of DOSP.
1) 1 SS4
SEOPW /CRA t >< 4 s ; r '
Donald H. Warshaw, ' • Manager October 27, 1998
Revenues generated by'e Arena Parking Lots Page 2
detailed in the 1993 lease extension have been satisfied'. Therefore, all revenues generated by
the Arena Parking Lots are properly revenues of the CRA and, as such, the City should advise
DOSP to forward all future revenues to the CRA.
W232:AV:bss
c: Honorable Mayor and Members of the City Commission
Walter J. Foeman, City Clerk
Although a more thorough review and accounting of the Lease revenues would be prudent such an
accounting is not necessary in order to reach the conclusions contained in this memorandum. Some of the
documents reviewed suggest that the accumulated deficits my have been satisfied as early as 1996.
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