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2009-27185 ResoRESOLUTION NO. 2009-27185 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CITY LIENS ON REAL PROPERTY LOCATED AT 6600 COLLINS AVENUE, MIAMI BEACH, FLORIDA, OWNED BY 6600 COLLINS LLC, RESULTING FROM SPECIAL MASTER CASE NO. JB05000268 IN THE AMOUNT OF $340,200.00 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $34,000.00; AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION(S) AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND SETTLEMENT. WHEREAS, RIST Properties LLC is the present owner of the real property which is located at 6600 Collins Avenue, and has accumulated Building liens for various minor elevator violations in the total amount of $340,200.00 plus interest; and WHEREAS, RIST Properties LLC acquired the real property from 6600 Collins LLC, and as part of the real estate transaction, escrowed certain funds to satisfy the lien owed to the City of Miami Beach; and WHEREAS, the escrow agreement for the 6600 Collins Avenue real property authorizes 6600 Collins LLC to negotiate a lien settlement with the City of Miami Beach; and WHEREAS, the nature of the violations are deemed to be minor, and the amount of time in which there was non-compliance was not egregious, the City of Miami Beach believes it would be appropriate to settle the outstanding lien for the total amount of $34,000.00. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the lien on 6600 Collins Avenue in the amount of $340,200.00 for Special Master Case No. JB05000268 is hereby settled for the total amount of $34,000.00; and further authorizing the City Manager to take such action(s) and execute any and all necessary documents to complete such lien release and settlement. PASSED and ADOPTED this 9th day of September , 2009. ATT ST: ~'L~~~ ~_ CITY CLERK Robert Parcher F:\cmgr\$ALL\BOB\66000oI linsLLCLien reso. doc Mayor Matti Herrera Bower ~~Fi`r"~!l~3~J~i~AG 8 !=0 ~~~ rr~~~ ~- ~ y_o y _,:.... COMMISSION ITEM SUMMARY ~• R:nnrlpncerl TitlP~ A Resolution approving the settlement of a City lien on real property located at 6600 Collins Avenue in the amount of $340,200 for the amount of $34,000. Ke Intended Outcome 5u orted: Ensure compliance with Code within reasonable time frame. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Ma or and Ci Commission a rove the Resolution? Item Summa /Recommendation: The Ocean Breeze Hotel is located at 6600 Collins Avenue and has accumulated liens in the aggregate amount of $587,358. One lien is for Code Compliance issues related to various property maintenance violations in the amount of $247,158 and the other lien is a Building lien for several elevator violations at the property in the amount of $340,200. The property was recently sold by 6600 Collins LLC to Rist Properties LLC with a proviso in the sales contract that 6600 Collins LLC resolves the outstanding liens on the property. Funds were escrowed in the amount of $1,000,000 at the time of the sale in order to secure these liens, as well as other outstanding commitments on the property. 6600 Collins LLC has agreed to pay the full value of the outstanding Code Compliance lien for property maintenance violations in the amount of $247,158 and a reduced amount for the Building elevator violation liens in the amount of $34,000. The property is in compliance relative to the elevator violations. As these violations are viewed as minor in nature, the reduction from the face amount of the lien of $340,200 to $34,000 is recommended as a fair and appropriate. The respective settlement amounts totaling $281,158, were consciously structured to be appropriate with previous lien settlements and/or City Commission direction. In the case of the elevator violation, the recommended settlement amount is consistent with an appropriate penalty for the nature of the violations, while in the case of the property maintenance violations, the full value is being recovered as this particular property has represented somewhat of an eyesore and has been problematic with the City for a period of time. The message conveyed in collecting a lien in the amount of $247,158 is significant and important in supporting the City's message to property owners that compliance on a timely basis is to be achieved within our community. Adviso Board Recommendation: N/A Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: Financial Information: Ci Clerk's Office Le islative Trackin Robert C. Middaugh, Assistant City Manager Sign-Offs: ~ Department Director A ant City Manager - Ci Manager JMG F:\cmgr\$ALL\BOB\66000ollinsLLCLienSum9-9-09.doc ' /~ ~~~~ ~~~"'~ AGENDAITEM C7EE DATE m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 9, 2009 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CITY LIENS ON REAL PROPERY LOCATED AT 6600 COLLINS AVENUE, MIAMI BEACH, FLORIDA, OWNED BY 6600 COLLINS LLC, RESULTING FROM SPECIAL MASTER CASE NO. JB05000268 IN THE AMOUNT OF $340,200 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $34,000 AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION(S) AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASES AND SETTLEMENTS. ADMINISTRATION RECOMMENDATION Approve the Resolution. ANALYSIS The Ocean Breeze Hotel is located at 6600 Collins Avenue and has accumulated liens in the aggregate amount of $587,358. One lien is for Code Compliance issues related to various property maintenance violations in the amount of $247,158 and the other lien is a Building lien for several elevator violations at the property in the amount of $340,200. The property was recently sold by 6600 Collins LLC to Rist Properties LLC with a proviso in the sales contract that 6600 Collins LLC resolves the outstanding liens on the property. Funds were escrowed in the amount of $1,000,000 at the time of the sale in order to secure these liens, as well as other outstanding commitments on the property. The Administration in negotiating a settlement agreement for liens associated with 6600 Collins Avenue has agreed with the property owner to a global settlement amount of $281,158 for the subject property. 6600 Collins LLC has agreed to pay the full value of the outstanding Code Compliance lien for property maintenance violations in the amount of $247,158 and a reduced amount for the Building elevator violation liens in the amount of $34,000. As the Code Compliance lien has not been reduced, no Commission action relative to that amount is necessary as it is a collection rather than a settlement per se. The property is in compliance relative to the elevator violations which were originally issued for failure to have a five (5) year test, a sign in the machine room and improvements to access stairs to the machine room. As these violations are viewed as minor in nature, the reduction from the face amount of the lien of $340,200 to $34,000 is recommended as a fair and appropriate penalty associated with the violations. The size of the mitigation on this specific lien as it is in excess of $100,000 does require Commission approval. The respective settlement amounts were consciously structured to be appropriate with previous lien settlements and/or City Commission direction. In the case of the elevator violation, the recommended settlement amount is consistentwith an appropriate penalty for the nature of the violations, while in the case of the property maintenance violations, the full value is being recovered as this particular property has represented somewhat of an eyesore and has been problematic with the City for a period of time. The message conveyed in collecting a lien in the amount of $247,158 is significant and important in supporting the City's message to property owners that compliance on a timely basis is to be achieved within our community. Approval of the settlement is recommended. JMG\RCM\sam F:\cmgr\$ALL\BOB\6600Oolli nsLLCI iencommemo9-9-09.doc 2