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HomeMy WebLinkAboutReso 2008-1361 RESOLUTION NO. 2008- r3lo\ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT WITH THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE FOR PAYMENT OF AD VALOREM PROPERTY TAXES FOR THE TAX YEARS 2006 AND 2007 FOR THE PROPERTY LOCATED AT 19200 COLLINS AVENUE; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION AND THE SETTLEMENT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") and the Miami-Dade County Property Appraiser's Office ("Property Appraiser") have reached a settlement agreement for the payment of ad valorem property taxes for the property located at 19200 Collins A venue: and WHEREAS, the Property Appraiser has agreed to grant the City a fifty percent (50%) reduction in the assessed ad valorem property taxes for the property for the tax years 2006 and 2007: and WHEREAS, the Property Appraiser has further agreed to extend the 50% tax reduction for the property for the current tax year 2008. WHEREAS, the City desires to enter into a settlement agreement with the Property Appraiser in order to receive a 50% reduced tax exemption for the property as more fully set forth in the attached Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Settlement. The recitals set forth hereinabove are hereby incorporated herein by reference. Section 2. Approval of Settlement Agreement. The City Commission hereby approves the Settlement Agreement with the Property Appraiser attached hereto as Exhibit "A ". Section 3. Authorization of the City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution and the Settlement Agreement. Section 4. Effective Date. This Resolution shall become effective upon adoption. R200X- Approval or Settlement Agreement with Property Appraiser Page I or 2 PASSED AND ADOPTED this / 8~ ATTEST: ~Ar~ Jane A. Hines, City Clerk APPROVED AS TO FORM AND LE L- FFICIENCY: Ins Vote: '-\ -0- \ Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin -- ~ Commissioner Scholl Moved by YICJ} ~ I r\l\1...'tR Seconded by: ~~\Ot0T.e Sc.\-\,oLL 0Y es) V(Yes) 0Yes) (Yes) ~es) (No) (No) (No) (No) (No) R2008- Approval of Scttlcmcnt Agrccmcnt with Propcrty Appraiscr Pagc 2 of 2 _DADE. Department of Property Appraisal Administrative Division Suite 710 111 NW 1 ST. Miami F133128-1984 VALUATION ADJUSTMENT BOARD PETITION WITHDRAWAL AGREEMENT ASSESSMENT/TAX YEAR 2007 To: Folio 31-2202-011-0040 Agenda Number 07 -51507 Dear Mr. Ottinot: Please be advised that your petition filed with the Dade County Valuation Adjustment Board contesting the value(s) of the referenced property has been reviewed by this department. As a result of this review, the following recommendation is being proposed: REAL PROPERTY MARKET VALUE ASSESSED VALUE EXEMPTION PRELIMINARY 2007 $12,447,325 $12,447,325 $0 VALUE RECOMMENDATION 2007 $10,810,500 $10,810,500 $5,405,250 Additionally, this proposed recommendation requires that the taxpayer waive any further Rights of appeal before the Valuation Adjustment Board and Circuit Court with respect to the Market and/or assessed value of the referenced property. If you agree with the proposed recommendation, please sign and date where indicated below. The Property Appraiser reserves the right to withdraw the proposed recommendation offer at any time prior to acceptance by the taxpayer and proceed with the Value Adjustment Board Hearing scheduled for the referenced property. Marcus Saiz, Property Ap~~r Reviewed By: ?~~ Supervisor: ).~ 1----. / ~ To: Dade County Property Appraiser and Valuation Adjustment Board I hereby accept the proposed recommendation indicated above regarding the market and/or assessed valuation of the referenced property; and I hereby withdraw the related petitior,(s) previously filed with the Valuation Adjustment Board, acknowledging that such withdraw I onstitutes a waiver of any further rights of appeal. I further acknowledge I am fully authorized to e cu e t i acc ance on behalf of the taxpayer. (sign) ~t holrrint) Dete, /1"J-70 b Texpey,,/Ageo Exhibit "A" CITY OF MIAMI BEACH, Plaintiff, v. JOEL W. ROBBINS, etc., et al., Defendants. Cir... Page 1 of 3 12 Fla. L. Weekly Supp. 650a Taxation -- Ad valorem -- Exemptions -- Municipal property -- Challenge to value adjustment board decision upholding property appraiser's denial of municipal property tax exemption for city-owned parking garage -- Lease of retail space in parking garage building, granting priority access to parking spaces to hotel and inclusion of private companies in sharing profits from garage operation are private for-profit uses that do not qualify as serving governmental-governmental purpose necessary to qualify for municipal property tax exemption -- Private uses of garage by retail stores and two hotels are not merely incidental -- No merit to argument that hotels' uses should be discounted because they are not granted by leases where uses granted by easements and covenants running with land do not eliminate private use of property and convey greater and more secure property interests than would be conveyed by leases -- Summary judgment granted in favor of property appraiser -- Section 194.301 does not affect presumption of correctness of property appraiser's decision to grant or deny exemptions, as statute "relates to valuations made by property appraiser and not exemptions or categorizations" CITY OF MIAMI BEACH, Plaintiff, v. JOEL W. ROBBINS, etc., et al., Defendants. Circuit Court, 11 th Judicial Circuit in and for Miami-Dade County, General Jurisdiction Division. Case No. 02-31177 CA 06. March 31,2005. Jeri B. Cohen, Judge. Counsel: Robert T. Datorre and Gary Held, Assistant City Attorneys, Miami Beach, for Plaintiff. Robert A. Ginsburg, County Attorney, and Thomas W. Logue, Assistant County Attorney, for Property Appraiser. Mark T. Aliff. ORDER GRANTING FINAL SUMMARY JUDGMENT This matter came for hearing on March 30, 2005 on the parties' cross-motions for summary judgment. This case raises the question whether a certain parking garage owned by the City of Miami Beach is entitled to a municipal property tax exemption for tax year 2001. The City applied for such exemption, the Property Appraiser denied the exemption, the City filed a petition challenging such denial before the Value Adjustment Board, and the Value Adjustment Board upheld the Property Appraiser's decision. The City then filed the instant case, challenging the denial of its application for an exemption. The subject property, known as the" 16th Street Parking Garage," is a six story parking garage built in 1998 and located at 1550 Collins A venue on Miami Beach. It contains approximately 800 parking spaces and 261,800 square feet. On the ground floor, the subject property has approximately 20,752 square feet ofretail sales space fronting on Washington A venue, Collins A venue, and 16th Street. At all times relevant to this lawsuit, the City has offered the 20,752 feet of retail space for rent to private companies and has leased the space to various for-profit enterprises including a bar and grill, a liquor store, and imported clothing stores. In addition, the City has granted the Loews' Hotel, a privately owned and operated for-profit hotel, an Easement and Covenant running with the land. Among other things, the Easement and Covenant allows Loews to share in the profits from the operation in the garage. In particular, it provides that Loews shall pay an annual Garage Usage Fee of $550,000 and receive in return 41. 7% of the first $1,320,000 of Gross Parking Revenues and 28% of such revenues over $1,320,000. The Easement and Covenant also grant Loews "priority access" to 560 out of the 800 existing parking spaces. Regarding the Hotel's "priority access" to parking, the Easement and Covenant provides that, if the Hotel's patrons are unable to use the spaces because they are occupied by parking by members of the general public, the Hotel can require the City to mark the spaces for the exclusive use of the Hotel and to hire a towing company to remove violators. A similar Easement and Covenant was granted to the Royal http://www.floridalawweekly .com/newsystem/showfile. php?fromsearch= 1 &file= ../supfil... 11/26/2008 CITY OF MIAMI BEACH, Plaintiff, v. JOEL W. ROBBINS, etc., et aI., Defendants. Cir... Page 2 of 3 Palm Hotel, although that agreement recognized Loews' priority access to the first 560 spaces and provided for a lower usage fee and lower share of revenues from garage operations. The Florida Constitution provides that municipal property shall be exempted from taxation only if it owned by a municipality and "used exclusively by it for municipal or public purposes." Article VII, section 4, Florida Constitution. As the Official Commentator to the Constitution explained, "[I]n order to qualify for the constitutional mandatory municipal exemption, property must (1) be owned by a municipality and (2) be used exclusively by the municipality for either municipal or public purposes. . . ." Id., Commentary. Art.VII, section 3, Fla. Const. (West Stat. Ann. 1995). To qualify as a municipal or public purpose the subject property must be used for a "governmental- governmental" purpose and not merely for a "governmental-proprietary" purpose. See, e.g., Sebring Airport Authority v. McIntyre, 642 So. 2d 1072, 1073 (I 994). This standard reflects the changes concerning municipal exemptions made by the 1968 Constitution. See, e.g., Williams v. Jones, 326 So. 2d 425, 433 (Fla. 1975). In Williams, the Supreme Court emphasized that the 1968 Constitution required that "all property used by private persons and commercial enterprises is subjected to taxation. . . . . Thus, all privately used property bears a burden in some manner and this is what the Constitution mandates." 326 So. 2d at 433. The private uses of the garage described above clearly do not qualify as serving a governmental-governmental purpose. The City suggested that the term "public purpose" be given the more relaxed meaning that it has in the context of revenue bonds and eminent domain. This argument, however, was rejected by the Supreme Court as recently as 2001 in Sebring Airport Authority v. McIntyre, 783 So. 2d 238, 250-51, n. 15 & 16 (Fla. 2001). The Court explained that the stricter standard was required because "any newly-created tax exemption necessarily involves a direct shift in tax burden from the exempt property to other non- exempt properties." 783 So. 2d at 250. The City also suggested that the private uses of the garage by the retail stores and the "two Hotels are merely incidental. The Court finds, however, that the lease of 20,000 square feet of retail space, the granting of "priority access" to 560 out of 800 parking spaces, and the inclusion of private companies in sharing profits from the operations of the garage are private, for-profit uses too substantial to qualify as incidental. The City also suggests that the Hotels' uses should be discounted because they are not granted by leases. The Hotels' uses, however, are granted by Easements and Covenants running with the land which do not eliminate the private use of the property and, if anything, convey to the Hotels greater and more secure property interests in the garage than would be conveyed by leases. In deciding this matter, the Court must take into consideration the fact that the Court is reviewing a decision of a Constitutional officer in the area of his discretion. For this reason, the Property Appraiser's determination to grant or deny an exemption is entitled to a presumption of correctness. Straughn v. Tuck, 354 So. 2d 368, 371 (Fla. 1977); Markham v. June Rose, 495 So. 2d 865 (Fla. 4th DCA 1986). The Taxpayer's heavy burden in this case is to exclude every reasonable hypothesis that would support the Property Appraiser's conclusion that the property is not exempt. See, e.g., Straughn, 354 So. 2d at 371. This burden was not altered by the enactment of Section 194.301 of Florida Statutes because the bill creating that section was specifically amended to clarify "that the bill relates to valuations made by the property appraiser and not exemptions or categorizations." Bill Analysis & Economic Impact Statement for HB 445, House Finance & Tax Committee (Fla. March 11, 1997). For the above-stated reasons, the Court upholds the decision of the Property Appraiser to deny a municipal tax exemption to the subject property. Accordingly, the Court grants the Property Appraiser's Request for Judicial Notice, grants the Property Appraiser's Motion for Final Summary Judgment and denies the City's Motion for Summary Judgment. Final judgment is hereby entered for the Property hrtp://www.floridalawweekly .com/newsystem/showfile. php?fromsearch= 1 &file=. ./supfil... 11/26/2008 CITY OF MIAMI BEACH, Plaintiff, v. JOEL W. ROBBINS, etc., et aI., Defendants. Cir... Page 3 of 3 Appraiser and against the City and the Property Appraiser shall go hence without day. The Court reserves jurisdiction to tax costs. * * * http://www.f1oridalawweekly .com/newsystemlshowfile. php?fromsearch= I &file=. ./supfil... 11/2612008 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax City Commission Norman S. Edeleup, Mayor Lewis .J. Thaler, Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman, Commissioner George "Bud" Scholl. Commissioner A. John Szerlag, City Manager /lalls Ottinol. City Attorney .Jane A. Hilles, CMC, City Clerk MEMORANDUM TO: FROM: The Honorable City commissm%: Hans OUinot, City Attorneyw '-l December 18,2008 DATE: RE: Resolution approving a tax settlement agreement with the Miami-Dade County Property Appraiser's Office for the property located at 19200 Collins Avenue RECOMMENDATION: It is recommended that the City Commission approve the attached Resolution approving a tax settlement agreement with Miami-Dade County for the property located at 19200 Collins Avenue. REASONS: As you may know, the City Attorney's Office has been involved in lengthy settlement negotiations with the Miami-Dade County Property Appraiser's Office regarding the property located at 19200 Collins A venue. The City purchased this property to be used as open space and developed as a public park. Towards that end, the City approved a covenant requiring the land to be used for park purposes in perpetuity and applied for an ad valorem tax exemption with Miami-Dade County. However, the Property Appraiser's Office denied the City's requested tax exemption, concluding that the property was not used "exclusively" for governmental purposes under Chapter 196, Florida Statutes, because the City is allowing the Marco Polo Hotel to use the property for parking purpose. The settlement reduces the City's tax liability by fifty percent (50%). Realizing that the law favors the Property Appraiser's Office, a settlement was the best course of action. Specifically, the Miami-Dade County Circuit Courts have taken a very restrictive view of what constitutes an "exclusive" governmental use in order to qualify for a property tax exemption. Moreover, the Property Appraiser's determination to grant or deny an exemption is entitled to a presumption of correctness by the court. For example, in the case styled City of Miami Beach v. Robbins, 12 Fla. L. Weekly Supp. 651 a (Fla. 11 th Circ. Ct. March 31, 2005), the court upheld the value adjustment board's decision upholding the property appraiser's denial of a municipal property tax exemption for a city owned parking garage. The court reasoned that the city's parking garage was not used "exclusively" by the city for municipal or public purposes. Accordingly, the court upheld the Property Appraiser's decision to deny the city a municipal tax exemption for the property. Agenda Item ~ 0 \ Date I 2 - \ ~ ' 0 2 This proposed settlement agreement with Miami-Dade County may save the City an estimated amount of$201,055.38 (Two Hundred One Thousand Fifty Five Dollars and Thirty Eight Cents) in ad valorem property taxes. Importantly, the City will continue to receive a 50% tax exemption for the property for the 2008 tax year. The City Attorney's Office believes this proposed settlement agreement strongly inures to the benefit of the City. For this reason, it is recommended that the City Commission approve and adopt the attached Resolution approving the tax settlement agreement with the Miami-Dade County Property Appraiser's Office. / Attachment TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Gttinot, City Attorney Jane A. Hines, CMC, City Clerk ~ f\ ~ December 24, 2008 Approval of Agreements At its regular meeting of December 18, 2008, the City Commission adopted the following Resolutions: . Resolution No. 2008-1360 Approving an Agreement with Barthet Firm; . Resolution No. 2008-1361 Approving a Settlement Agreement with the County Property Appraiser's Office; and . Resolution No. 2008-1362 Approving a Non-Binding Agreement with LSB Investment. Enclosed is a copy of each of the adopted Resolutions for your handling. Thank you. Attachments cc: Doug Haag, Assistant City Manager/Finance Memo I-lans Ottinot Re Resolutions Approved 121808