HomeMy WebLinkAboutBack-Up DocumentsSec. 29-B. City=owned property sale or lease —Generally.
Notwithstanding any provision to the contrary contained in this Charter or the City Code, and
except as provided below, the city commission is prohibited from favorably considering any sale or
lease of property owned by the city unless there is a return to the city of fair market value under such
proposed sale or lease. The city commission is also prohibited from favorably considering any sale or
lease of city -owned property unless (a) there shall have been, prior to the date of the city commission's
consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease
published in a daily newspaper of general paid circulation in the city, allowing not less than ninety (90)
days for the city's receipt of proposals from prospective purchasers or lessees, said advertisement to
be no less than one-fourth (IA) page and the headline in the advertisement to be in a type no smaller
than 18-point and, (b) except as provided below, there shall have been at least three (3) written
proposals received from prospective purchasers or lessees; however, if there are less than three (3)
such proposals received and if the guaranteed return under the proposal whose acceptance is being
considered is equal to fair market value the city commission determines that the contemplated sale or
lease will be in the city's best Interest then, subject to the approval of a majority of the votes cast by
the electorate at a referendum, the sale or lease may be consummated. In the case of city -owned
property which is not waterfront, when the value of such property to be sold or leased (individual
leaseholds within a single city -owned property shall not be considered as a single parcel of property for
such valuation purposes) is five hundred thousand dollars ($500,000) or less, based on an appraisal
performed by a state -certified appraiser, the city commission, by a 4/5Ihs affirmative vote, may sell or
lease said city -owned property after compliance with the advertisement requirements set forth above
but without the necessity of a referendum.
when:
The above provisions and any other city requirements for competitive bidding shall not apply
(a)
(b)
(c)
conveying property to implement housing programs or protects which are intended to
benefit persons or households with low and/or moderate income, the criteria of which
to be provided for by federal and/or state law or by the city commission;
conveying property to implement projects authorized under the Florida Community
Redevelopment.Act of 1969, as amended;
conveying property to implement projects of any governmental agency or
instrumentality;
disposing of property acquired as a result of foreclosure;
disposing of property acquired in connection with delinquent taxes which properties
were conveyed to the city by the Miami -Dade board of county commissioners under
the provisions of Section 197.592 Florida Statutes, as amended; and
(f)
disposing of non -waterfront property to the owner of an adjacent property when the
subject property is 7,500 square feet or less or the subject non -waterfront property is
non -buildable.
Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths affirmative
vote, may:
(a)
grant a lessee of city -owned property a one-time extension during the last five years
of its lease, without the necessity of a referendum, for the purpose of funding
additional capital improvements. The extended term shall not exceed twenty-five
percent of the original term or ten years, whichever is less. The granting of such an
extension is subject to the lessee paying fair market rent as determined by the city at
the time of such extension and not being in default of its lease with the city nor in
arrearage of any monies due the city; and
(b)
amend the Lease Agreement between the City of Miami and Biscayne Bay
Restaurant Corp., d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (I)
extend the lease for an additional term of fifteen (15) years, with the option to renew
for two (2) additional five (5) year periods, (ii) increase the amount of the minimum
guarantee to the City to at least $360,000 per lease year effective upon execution of
the lease amendment, and (ill) require Rusty Pelican to complete capital
improvements to the property, including a public baywaik, In the amount of not less
than $3 Million, within twenty-four (24) months of the effective date of the lease
amendment.
(Res. No, 87-678, § 2(a), 7-9-87/11-3-87; Res. No, 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-9-01; Res. No. 03-855,
§ 2, 7-24-03)
LEGAL
COUNSEL
WORLDWIDE
Tot Alejandro Vilaretlo, Esq.
Marva Wiley, Eisq.
'From Squire, Senders a Dentpaey L.L.P.
Data: duly 2, 2004
Rat
SavlN4Snrraeav t lUmtur,L.L.t'.
Submitted Into the public
record tit_ connection with
Item' • on a
Priscilla ,4. The peon
City Clerk
Model City .Community Revitalization District Trust • Model City
Homeownership Zone Pilot Prajeat—Reallocation of NOME Funds
Man:
The Model City Community .Revitalization District Trust (the "Mattel City Trust")
oversees the lviudai City Homeownership Zone Riot Project (the "Projesst"). In order .to further
the:goals and objectives of the Project, the City of Miami authorized 'that a portion ditto Sono
,Investment Partnership Progr4m ("HOME") finds received by the City born tiro United States
Department of limning and Urban Development ("HUD") be applied to aetipire certain
properties ihr the 3tirojeet. The acquisitions .financed with the HOME .funds }rtaiuulad .the
purchase at'approximato}y 24 tax deeds, .representing abandoned properties.and an additional 13
properties acquired through private sales, .all as more specifically described In the 'Reoonolled
List of Properties attached hereto as arksiskji and by this referouoe incorporated herein.
in.
ese uisitiorts, including tax deed and private sale. transactions, aacutred betrweeon ltiovetaber
:2o0 an •Oats ear . (2. A c tionaI y, the City of &Marti .sequirad'a fiat position mortgage an a
property on which the City had previously 'hold 'a second mortgage (the Mlam Limited
properties) and paid tuxes on the properties acquired during the aforementioned period. Teetotal
acquisition :and acquisition -related expenses are S2,649,766,23. Since the acquisition of the
properties described in aehollok,A, there .has been no construction of homes or other related
activity an..autxh•property.
Hirt regulations require that a •projatrt fended with HOlvIE funds .have a reasonable
expectation of commencement within twelve (12) months of the participating jurisdiot}on (i,e., •
City of Miami) setting .up the expanse in •1 i1;Jl?'a tufenntatlon and disburaoment system. Since
this 12.month requirement has not been met, the City of Miotttf's Department of Community
Development, which ndministars tho 1401Via funds, has recomnnandad the re}uxburaoment of
NOME fonds used for the Project lend aoquisittona. The proposed solution inoludas.a."owap" of
funds .derived from the proceeds of the •City's Limited Ad Vetomrn Tate Bonds (as •dafinad
herein) and the HOME funds,.so that the falters that have been spentfor Project land acquisition
can be reprogrammed for Modal City infraattucture improvements that were to •have been
financed with proceeds of the Limited Ad Valorem Tax Bonds and the proceeds of the Limited
Ad Valorem Tax Elands that were do have been applied to finance Model City Infrastructure
Mm0141t1A
'IRA 7
Submitted Into the public
.recond in onnectIon vu h
item .N,�•0. on
Priscilla A. Thompson
City.Clettc
scamp
improvements arc used for the ?Meet land acquisition originally financed with the ROME
fonds.
1BSUB P r' 1`rJ D:
May portion of the proceeds.ofthe Limited Ad Valorem Tax.Bonds be "swapped" with
the HOME funds retroactiyelv,.so that the bond praneeds:are.deemed used to .finance _pmnn, rdea
' "ig1Ii iv aestifis d with iTOM3 fands and the bMF #Rinds are available to be used to 'finance
street and rail° tatrueture improvements within Modal Clr +?
Based en the information presentee! In Sahedule,A and the caber relevant facts as we
understand their, $1493,0i 1.04 either Projeotland acquisition expenditures previously paid with
the HOME funds may be reallocated to, and deemed paid from, .s ,portion of t e proceeds of the
Limited Ad Valorem Tax Bonds. Under the applicable federal tax rules, it is possible to increase
the reallocated amount by 842,244.68 (so that the total .amount reallocated to the Limited .Ad
Valorem Tax Bonds is Si,535;655;72). 'However, bemuse of state law and document concerns,
it is best notto include this additional amount in the proposed reallocation.
P180,1%011,
The City's Limited Ad Valorem 'Tax Bonds, Series 2002 (Homeland
Defense/taeighborhoodCapitol Improvement Pmjeete), in the •aggregate principal automat of
'8153,186,405:85 (the "Limited Ad' Valoren'TaxBands"),•ware.issued on Augusta. 2002'aa:tax-.
exempt bonds pursuant to Resolution, No, 02497 adopted by the City 'Commission an July 9,
2002 (the "Bond Resolution!"). Prior to adopting the Bond Ree i)ution, the City Commission had
cooled Ordinance Ho, 12137 in, October 1:1, 200 (tlte "Bond Ordinance"), which authorized
the issuance of not exoeedittg $2 9,00 ,400 principal month of bonds (the "Voter Approved
Bonds"), provided for the levy and collection of ad valorem taxes at a rata net to exceed the debt
millage of 1.218 mills, W$ether with other debt, and the holding of an election. The issuance by
the :City of the Voter Approved Bands was •approved by the qual'ifled electors .of the City in a
referendum eleation'held on Novennber 13, 2001, The Limited Ad Valorem Tax Bonds -constitute
the first °series of the Voter.Approved ,Bonds authorized'by the Bond Ordinance and approved by
the voter referendum,
13acausa the f.i it Ad inter cattx_Bonds were issued as tax-exempt bonds, federal_.,
tax law i ov✓ "t to3� proem ds .of such Bonds ma be —spent. Similarly, state law and the
upe,dtb+a aauinai uterus "cobra t a ranter Ad vnlorate as orids were issued, ruamely, the
Band Resolution end the Bond ,Ordinance, restrict the purposes to which the proceeds of the
.Bonds may..ba,_•ngpplied, 'For the reasons dlhausserbITOW, these restrictions of entfvrs7y limit the -
extent to which Thrl4 ME Funds and the prooeads of the Limited Ad 'Valorem Tax Bonds may
be "swapped", so that only $1,493,6 1,04 of the toted $2,649,766.23 reflcotod on gobed.ple A
may be reailocaie ,
,'fire main federal .tax law impediment to t► c.,propoaedxaailncatinn naafis tVon tit
of the expenures, Acquisition expenditures made prior to the issuance of the Li
""Valorem as ondrare subject to certain "reimbursement" roles under the internal Revenue
Squnfi, SANDitas & DUMMY L,L,P. - 2 - 3uty 2, 2004
mtpirtatkr
The Bone solution and the Bond Ordinance may provide a anal limitations on
n olioa4ting the a..V,,donal $42,244.68, Both the Bond Resolution atte {tie Bond ..Ordinant:e
contain a listing, by gonctel categories,. of the types of projects tells financed, with the .proceeds
a 1 a :Tithed Ad Valorratii i•ax nds, None of theme cacitegories express ins utde.expenditures
for single fetnily homes or ttjwnhamea,'1 ma o pose o or 871toWever, .that to uo.
chi e ax roi1 to u .e e aoknisttian o Rattily ttily !comes and townhomesptnmote homeowners p.in low income hbor hoods,
In passing an the "swap" orHOME ands with proceeds ofthe Limited Ad Valorem Tax
Bonds, we have assumed the following: (1) the 1 OMB funds or other federal "entitlement
Wars" (i,e., Comrttuttity Development Bionic Grant dollars) will be used to finance street and
infrastructure improvements within the Model .City area to firesame extent that proceeds of the
Limited Ad Valorem Tax Bonds were to be applied for such purposes, and 01) the applicable
HUD rules and regulations allow ldOME funds or such other federal "entitlement dollars" to he
applied to such purposes.
Submitted into the public
record in .corrneratio with
item ,•111. one or
Prisoille A, m on
City Cietr1
some, $a 0Ma & MAMMY l l..P.
Code .of 1'9136, its amended (the "Code"), These rates allow la -exempt proceeds to be used to
reimburse ax nditw`es made no more than a x 60 da A pr er t uer s a opt on an
a o al intent" resolution no ng a saner s n en on to reimburse Itself from -the proceeds
'—drarlFratirgircaiTItilire instant case, the City of tvfiarni adopted en "official infant" or
°reimbursement" resolution (Resolution No. 02.41) on .lama 10 2002. This means that any
acquisition expenditures matt, prior to November 10,O IG `, o of lie gibte to be reimbursed
with the proceeds of the Limited Ad 'Varnret Bon a, ccordingly,1.1OMM funds expended
prior to November 10, 2001 tttg' not be "swapped" with proceeds of the Limited Ad Valorem
Tax Bonds,
The "Pre -Bond (11/10) ,8xponees)" column on Beheddule . Indicates all expenditures
made prior to November 10, 2001. Theca .acquisitions add up to $1,113,910:51 of the
$2,649,766.23' total expenditures made with HOME funds, Tickle leaves $1,535,855.12 as
potentially eligibia.Cor "sweeping" with premeds dine Limited Ad Valorern'Tex'Plonds,
The reimbursement rules also impose a limit on the period within whieb proceeds of tax-
exempt bonds may. be allocated to the reimbursement or prior expenditures, The reimbursement
altooation must take -place no later than It months miler the date of the original .expenditure or
the date the project is pined in service or abandoned, whichever is later, but.in no event moo
than three years after the date of the original expenditure.
As described in the "purpose" column .of e 1�, ; 1,493,611-04 tit •tile
$1,515,8$5.72 of 11101v1E hada expended on or• after November 10, 2t101, were expended for
public purposes - park expansion, mini path/green space, oonntnerritni corridor parking end pubtia
•buildings, Cliven the absenou of any further activity toward the "Purpose" .described .for the
requited properties subsequent to tire City's acquisition, and our understanding that the City has
not abandoned its Intention to carry out .the stated "Purposes", it le returnable to •conolucle that
the 18-month period he not yet begun for any of the eligible properties. The three year period
will begin to expire in November 2004, .Accordingly, theaaatuaunts may be ";swapped" without
any adverse tax consequence to ilta.Llnzited Ad Valorem not Bonds.
The remaining $42,244.GR of HOME funds expended on or 'after November le, 2001
were spent to .acquire properies Mat will ultimately be used as private homes — either single
family dotaolted or townhomes, .Bee use these .amounts likely would be treated es constituting
"private leans" under the Code, they can only be rraatlocated .tf such amounts, together with all
other ertpenditutos of the :proceeds of the United Ad Valorem Tax Bonds that would be treated
as "private loans" under the Code, do not exceed $5 million, !tor purposes .of this mennorendum,
we assume there Are no other uses .of •the proceeds of the limited Ad 'Valorem Tax Bonds that
would conatituto "private leans" under the Cede.'
The Llrntlad Ad.Velorem•Txx Hendr warn Issued as "gavornmantot.bonda" and net"prtvato aouvlty bands". A use
of the mimeo b orn,o.Litttited Ad Yalorom Tax .blonds that would convert such Bends into private activtty b *i1
wauid•ouuse the Interest on 1hr t3ondt to became taxabic, !later Scotian 141(c) oathe Code,•bond1 are privets
activity bands If ntoro than Iha lamer of 5%orS5 million arum isaua Ir to ha woad to malts or. ananse !cane to
nongovernmental parsons. -
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Detail by Entity Name
Page 1 of 2
OP HiSIATE
(:).1? (. . RO
Detail by Entity Name
Florida Non Profit Corporation
LIBERTY CITY COMMUNITY ECONOMIC DEVELOPMENT CORPORATION
Filing Information
Document Number N09000011827
FEI/EIN Number 271629040
Date Filed 12/10/2009
State FL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 02/16/2010
Event Effective Date NONE
Principal Address
6304 NW 14TH AVENUE
MIAMI, FL 33147
Changed: 03/28/2012
Mailing Address
4800 NW 12th Avenue
MIAMI, FL 33127
Changed: 03/27/2013
Registered Agent Name & Address
HUDSON, IRIS
C/O LIBERTY CITY COMMUNITY REVITALIZATION
4800 NW 12TH AVENUE
MIAMI, FL 33142
Officer/Director Detail
Name & Address
Title PRES
BLACK, ELAINE H
6304 NW 14TH AVENUE
MIAMI, FL 33147
Title VP
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Detail by Entity Name Page 2 of 2
THOMPSON, ERIC
6304 NW 14TH AVENUE
MIAMI, FL 33147
Title T/S
HUDSON, IRIS
4800 NW 12TH AVENUE
MIAMI, FL 33127
Annual Reports
Report Year Filed Date
2011 02/14/2011
2012 03/28/2012
2013 03/27/2013
Document Images
03/27/2013 — ANNUAL REPORT
03/28/2012 -- ANNUAL REPORT
02/14/2011 ANNUAL REPORT
07/06/2010 -- ANNUAL REPORT
05/03/2010 -- ANNUAL REPORT
02/15/2010 — Name Change
12/10/2009 -- Domestic Non -Profit
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SWIM .00.11.50.M.MITA.14.10,4VMPX M61.14.4 .010
Co vrintit (sli and privacy Polldea
State of Florida, Department of State
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