R-2020-07
MSV RENT FORGIVENESS REBATE PROGRAM (“Program”)
I. Purpose: Due to the effects of the recent Covid-19 Pandemic Emergency,
and the Emergency Orders related thereto, the Village’s longstanding investments in its
downtown 2nd Avenue Business District are being threatened and many businesses are
in severe financial distress. The purpose of this program is to seek to help alleviate such
distress by encouraging, and rewarding property owners for, the granting of rent
forgiveness concessions to commercial tenants in need.
II. Eligibility: The benefits of this program shall be available to any owner of
property within the Special Taxing Area previously established for the “Downtown Village
of Miami Shores for Sanitary Sewers and Water Main Project”: (a) who is a commercial
Landlord having commercial tenants at such property (hereinafter “Landlord”), and (b)
who pays Sewer Maintenance Assessments (the “Assessments”) to be assessed
hereafter.
III. Terms of Rebate(s):
A. Eligible Landlords, who pay such Assessments, may obtain from the
Village, rebates up to the full amount of such Assessments paid in each
tax year, equal to the full amount(s) of rent abated and forgiven
(hereinafter “Rent Concessions”) for commercial tenants at the property
for which such Assessments were paid, whose written leases were in
effect before the Florida Governor’s declaration of a COVID Emergency
on March 9, 2020, upon the following terms:
1. Such rent concessions must occur (or be irrevocably committed for
by way of a legally enforceable writing executed by such Landlord
and Tenant), within 90 days of Village Adoption of this Program. (This
deadline may be extended by the Village Manager upon good cause
shown, but Landlords are strongly encouraged to grant such Rent
Concessions with all due dispatch).
2. Rent Concessions must be evidenced by documented proof thereof
(submitted to the Village) in the form of Affidavits under oath, by both
the Landlord and the Tenant, setting forth the effective date of the
commercial lease, the detailed terms and total amount of the Rent
Concessions, and confirming that the Rent Concessions have either
already occurred or are irrevocably committed to by the Landlord.
Such documentation together with a Rebate Application (on a form
to be created by the Village Administration) shall be submitted to the
Village no later than 60 days following Landlord’s payment of the
Assessment sought to be rebated, in order to be eligible for this
Program. By submitting such forms eligible Landlords can seek
rebates for any Rent Concession timely granted under § II(A) 1
above, and if eligible Rent Concessions are timely granted in
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amounts in excess of the Assessment paid on the property for tax
year 2021 (i.e. tax bill generated in November 2020) such Landlord
may seek a rebate up to the full amount of the Assessment paid for
tax year 2021, and then later seek a subsequent rebate for the
excess rent concession(s) above that amount upon payment of the
Assessment on the property paid for tax year 2022 (i.e. tax bill
generated in November 2021), up to the full amount of such tax year
2022 Assessments paid.
3. In no event shall the total of any rebates paid to a property owner
under this Program exceed the full amount of total Assessments paid
for the applicable property for tax years 2021 and 2022.
4. All Rebate Applications shall be submitted to and reviewed by the
Village Manager (or the Manager’s designee) and shall be approved,
if complete and fully in compliance with all Program terms, within 10
days of receipt. The decision of the Village Manager as to
completeness and compliance shall be final, except that such
decision may be reversed by majority vote of the Village Council.
5. This Program creates no vested rights in favor of any person or
entity, and creates no cause of action nor lawful claim on the party
of anyone.
6. Any false or misleading representations by any Landlord or Tenant
in any Application submitted under this Program may be punished in
accordance with law, and any party found to have made such false
or misleading representations shall forfeit any eligibility for any
rebates under this Program.