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2002-25049 Reso RESOLUTION NO, 2002-25049 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OR MIAMI BEACH, FLORIDA APPROVING A SETTLEMENT FOR OUTSTANDING LIENS ON THE PROPERTY OF 7474 COLLINS AVENUE OWNED BY BANK OF AMERICA, WHICH SHALL PROVIDE FOR AN $8,000 PAYMENT TO THE CITY OF MIAMI BEACH IN FULL SETTLEMENT OF THE OUTSTANDING LIEN IN THE AMOUNT OF $236,314,48, Whereas, the property at 7474 Collins Avenue owned by Bank of America has accumulated fines and a property lien in the amount of $236,314.48 (Special Master Case JB980261) as a result of a violation of the City's forty-year building recertification requirements; and Whereas, the fine amount has accumulated from a Special Master order from August 1998 to present; and Whereas, the property owner made diligent efforts to comply with the City's recertification requirements and was actually in noncompliance for a period of only approximately two months during the time that fines were accumulating on said property; and Whereas, compliance and communication efforts in the subject case were complicated by the City's use of an improper property owner name and address; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that in light of the facts of the case and the clearly inappropriate and disproportionate amount of the fines and the result of the lien on the property at 7474 Collins Avenue owned by Bank of America, that a reduction in the fine and lien amount from its current $236,314.48 to an amount of $8,000 representing a fair and reasonable fine for the nature of violation and the actual time of noncompliance is hereby approved and further direct that the City Manager or his designee is authorized to execute a lien release consistent with this resolution. PASSED and ADOPTED this 13th day of N ember 2002. ATTEST: /ttJ-7-tP'L 0. ~~>q~ f' CLERK T:\AGENDA\2OO2\NOV1302\REGULAR\Bank of America Settlement-res.doc CllY OF MIAMI BEACH CONMISSION ITEM SUMMARY m Condensed Title: A resolution approving a settlement for an outstanding lien on the property of 7474 Collins Avenue owned by Bank of America, which shall provide for an $8,000 payment to the City of Miami Beach in full settlement of the outstanding lien in the amount of $236,314.48. Issue: Shall the City Commission approve a fine and lien reduction from an amount of $236,314.48 to $8,000 for property of 7474 Collins Avenue owned by Bank of America? Item Summary/Recommendation: The Bank of America property has accumulated fines and a lien in the amount of $236,314.48 from August 1998 to present. The property has accumulated fines as a result of a violation of the City's forty-year building recertification requirement. The property was actually out of compliance for approximately two months even though fines ran for the entire duration of 1998 to 2000. The owner made diligent efforts to promptly comply with City requirements. Violations were of a minor nature and the process was elongated due to inaccurate notice address utilized by the City. The Administration recommends aooroval of the resolution. Advisory Board Recommendation: I N/A Financiallnfonnation: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total City Clerk's Office Legislatiw Tracking: I Robert C. Middaugh Si n-Ofts: Department Director anager City Manager T:\AGENDA\2002\NOV1302\REGULARIBank of America Saltl. AGENDA ITEM DATE c7D //-/3-02.. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.mlami-beach.fl.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: November 13, 2002 Jorge M. Gonzalez ~ City Manager A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY OR MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT FOR OUTSTANDING LIENS ON THE PROPERTY OF 7474 COLLINS AVENUE OWNED BY BANK OF AMERICA, WHICH SHALL PROVIDE FOR AN $8,000 PAYMENT TO THE CITY OF MIAMI BEACH IN FULL SETTLEMENT OF THE OUTSTANDING LIEN IN THE AMOUNT OF $236,314.48, ADMINISTRATION RECOMMENDATION From: Subject: Adopt the Resolution. ANALYSIS The property at 7474 Collins Avenue which is owned by Bank of America originally was cited in 1998 for a violation of the forty-year recertification requirement of the building. The violation was only for noncompliance with the building recertification procedures, and up to the present time fines have accumulated in the amount of $236,314.48 on the subject property. The Bank of America property is now fully compliant with City Codes. As we have reviewed the history of the property it is apparent that the outstanding fine amount is unwarranted and given the facts in the case disproportionate to the amount of time for which the property was actually out of compliance with the City's Codes. The property owner has maintained a full and complete record of the correspondence and transactions between the City and the property owner dating from the time of recent violation until the property was certified to be in compliance. In the review of the record it is clear that the property owner made a concerted effort to comply with the City's recertification requirements and actually did accomplish the repairs required in the building within several months of the original notification of violation. The process appears to have been elongated and complicated as a result of the City continuing to send notices to a previous owner of the property at an address not utilized by the current property owner. In spite of the notification difficulties, the property owner was out of compliance with certification requirements for a period of time of approximately two months over the span of years in which the violation was active and for which fines were accumulating. The property owner expended approximately $4,000 in complying with the City's building recertification procedures, which indicates that the violations were clearly minor in nature and posed no real threat to life, health or safety. The $8,000 settlement from the outstanding fines and lien is intended to reflect more closely the amount of fines which would be attributed to the period of time for which the bank was actually out of compliance with the City's recertification requirements. The property owner has agreed that this would represent a fair settlement and that the fine is proportionate with the amount of time for which the bank was not in compliance with these procedures. CONCLUSION In light of the property owners diligent efforts to seek quick compliance with the City's recertification requirements, the minor nature of violations, the notice of difficulties associated with this particular case, and the short period of time for which there actually was no compliance, it is recommended that the Mayor and City Commission approve a settlement between the City and Bank of America to reduce the outstanding fines and lien amount from $236,314.48 to the amount of $8,000 which is fair and reasonable for this situation. NOV13021REGULARlBank of America Settlement.doc J).oo~ - 2S" 0 If 1 LAW OFFICES STEARNS WEAVER MILLER WEISSLER ALHADEFF 81 SITTERSON. P ,A, MUSEUM TOWER 150 WEST FLAGLER STREET MIAMI, FLORIOA 33130 TAMPA OFFICE SUITE 2200 SUNTRUST FINANCIAL CENTRE 401 EAST JACKSON STREET TAMPA. FLORIDA 33e02 (813) 223-4800 JEFFREY S. BARTEL OIRECT LINE (305) 789-3427 emall:jbar1el@swmwas.com MIAMI (305) 789-3200' BROWARO (954) 463-5440 FAX (305) 769-3395 WWW.STEARNSWEAVER.COM FT. LAUDERDALE OFFICE SUITE 1900 200 EAST BROWARD eoULEVARD FORT LAUDERDALE. FLORIDA 33301 (954) 462.9500 February 11,2003 VIA FEDERAL EXPRESS Ms. Shelia Maes City of Miami Beach Office of the Assistant City Manager 4th Floor, 1700 Convention Center Drive Miami Beach, FL 33139 Re: Case No. JB980261 (the "Case") 7474 Collins Avenue Miami Beach, Florida Dear Shelia: In connection with the above-referenced Case, enclosed please find this firm's check made payable to The City of Miami Beach in the amount of Eight Thousand and no/l 00 Dollars ($8,000.00) with the form of Settlement and Release of Lien Authorization executed by the property owner's representative/counsel. Please provide me a fully executed copy of said Settlement and Release of Lien Authorization, with the necessary signatures by the City Manager, Assistant City Manager and City Attorney. As this fully closes the Case, please make the necessary arrangements with The City of Miami Beach Special Master to fully close the matter in all respects. Thank you, once again, for your continued assistance and cooperation. JSB/ps Enclosure cc: Niurka Hernandez Trammell Crow Company . SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION CASE NUMBER(S): JB980261 LIEN AMOUNT: $236,314,48 Pursuant to the authority vested in the City Charter and specifically granted by the City Commission to enter into Settlement Agreements for liens against property filed by the City of Miami Beach, this Settlement Agreement is entered into with the Bank of America, property owner of 7474 Collins Avenue, Miami Beach, Florida, to settle and provide for the release of liens indicated herein. The City Clerk of the City of Miami Beach is hereby directed and authorized to release the liens for the property at 7474 Collins Avenue, Miami Beach, Florida, pursuant to conditions herein and as described herein. Condition of Settlement: This lien is settled in consideration of receipt of $8,000 receipt of which is hereby acknowledged. J..~!:J:tC: City M ger L '2--;' Lf 103 Date Ro ert C. Mi augh Assistant City Manager Sl'""~~ &~ 1': City Attorney's ffice 2-/;>"-03 Date Accepted by: Authori Date 1ft; t/ ~O~ Title ~OVED AS TO .. fORM&.LANGUAOE I have read this Agreement, understood its terms, have had the benet&IiOI~QN executed same for its purposes here)in ""red. .~. . STATE OF FLORIDA _ __ /J.-Ip..o3 ) SS Pc, . ..' .. .~:": ,'#0;' Oc&:a COUNTY OF MIAMI-DADE ) egoing . strument was acknowledged before me this ~ day of 20~ by "5. who has produced his driver's license as identification who did/did not e an oath. n J1mm t- ,~4APlliL N~ARY PUBLIC, STATE OF FLORIDA J::2:.[) n \' 5imud PRINT NAME '5ef{;'j s:- fft~(~/ Signature MY COMMISSION EXPI ARYSEAL PENN! Sl'ROUD Nar.uY PUBLIC Sl'ATE OF FLOJUDA CC>MMJSSION NO. Dm690t6 MY COMMIl!!!!ON EXP. DEe, t r .....:--.......,.:'.....""..:."".......:a.__.:.=-a..,...,::I:..'_.:...._...._" ..11l1..._...,"'....',.'~,' "...1.1""."....'... CHECK DATE 02/11/03 STEARNS WEAVER Mll..LER WEISSLER ALHADEFF & SITI'ERSON, P,A, ATTORNEYS AT LAW MIAMI, FlORIDA 83-11211880 CHECK' 8562 Not valid after 90 days BANK OF AMERICA MIAMI, FLORIDA CHECK AMOUNT $ I 8,000,00 I *** EIGHT THOUSAND DOLLAR AND no CENTS r',; i:"i;' ,,;LCUHi',y Ci':J',YUHi'S :Nt, r.!~;'i'U c.~:',.,\;;.,"': r)" j", PAY City of Miami Beach TO THE ORDER OF Ilia 5 E. 2111 ':0 E. j ~OO 277.: 000 a 2 200 2ao ~II SA TISF ACTION OF LIEN CASE NUMBER: JB980261 SPECIAL MASTER CITY OF MIAMI BEACH. FLORIDA KNOW ALL MEN BY THESE PRESENTS: THAT, CITY OF MIAMI BEACH, FLORIDA, HEREINAFTER CALLED LIENOR, OWNER AND HOLDER OF A CERTAIN CLAIM OF LIEN FILED BY CITY OF MIAMI BEACH, FLORJDA AGAINST THE PROPERTY DESCRJBED BELOW IN MIAMI-DADE COUNTY, FLORIDA AND RECORDED ON 06/0111999, IN OFFICIAL RECORDS BOOK 18631 , AT PAGE 0722 ; AFFIDAVIT OF NONCOMPLIANCE RECORDED ON 06/0111999, IN BOOK 18631 . AT PAGE 0723 , IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA TO WIT: HARDING TOWNSITE PB 34-4 LOT I BLK 2 LOT SIZE 50.000 X 150 NKJA: 7474 COLLINS AVMBCH CHASE FEDERAL & LOAN ASSOC. CHASE FEDERAL SAVINGS & LOAN ASSOCIATE DOES HEREBY RELEASE SAID CLAIM OF LIEN AND SURRENDERS SAID CLAIM OF LIEN AS CANCELLED AND HEREBY DIRECTS THE CLERK OF THE CIRCUIT COURT TO CANCEL THE SAID CLAIM OF LIEN OF RECORD. WITNESS MY HAND AND SEAL THIS DATE OF 02-14.2003. CITY OF/lIAMI BEACH f BY: f1iLutf /V tt~v---' ROBERT E. PARCHER, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORJDA 33139 (305) 673.74 I I Settlement agreement-Res#2002-25049-KH STATE OF FLORJDA COUNTY OF MIAMI.DADE I HEREBY CERTIFY THAT ON THIS DAY, BEFORE ME, AN OFFICER DULY AUTHORJZED TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS, PERSONALLY APPEARED ROBERT E. PARCHER, PERSONALLY KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE FOREGOING INSTRUMENT, WHO ACKNOWLEDGED BEFORE ME THAT HE EXECUTED THE SAME, AND THAT AN OATH WAS NOT TAKEN. WITNESS MY HAND AND OFFICIAL SEAL IN THE COUN Y 02-14-2003. OFFICIAL N01'ARY SEAL KERRY HERNANDEZ NOTARY PlJllUC STATE OF FLORIDA COMMISSION NO. cC832l106 MY COMMlSSION EXP. MAY 3.2003 flBDOC-ll91