RESOLUTION 90-20035 RESOLUTION NO. 90-20035
A RESOLUTION .OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA TRANSFERING $226,120 FROM THE GENERAL FUND TO THE
BUILDING CLOSING FUND
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, THAT
WHEREAS, the City of Miami Beach created the Building Closing
Fund to provide monies for the closing and securing of derelict
buildings, and,
WHEREAS, the Biscaya property was closed and ultimately demolished
from this fund which resulted in a lien totaling $651 ,120.00 and,
WHEREAS, a Satisfaction of Release of Lien was negotiated between
the parties which resulted in a payment of $125,000.00 in resolution
of the lien, and, .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, that $226,120.00, the difference between the
cost associated with the settlement, be transfered from the General
Fund of the City to the Building Closing Fund to cover this loss.
6?-"'-
PASSED and ADOPTED this 11th day of Jul 1990
i"...."r
M.y r
ATTEST
1444, 4) atIAJ
City Clerk
FORM APPROVED
LEGAL DEPT.
By6;:Pri,;,)?- !! —_,
Date
7/37R47
eat/
Niaote
Fead
\PM eFqFLORIDA 3 3 1 3 9
5* INCORP,,ORATED)*s "V A CA TIONL,4 NL) U. S. A. "
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 32_20
DATE: July 11 , 1990
TO: Mayor Alex Daoud and
Members of the C. y ommission
• Parkins-
City
r k ins'
' ,,r`--G►-�--z-
e') _
FROM: Rob W. Pa
City Manager
SUBJECT: TRANSFER OF FUNDS FOR B I SCAYA DEMOLITION
In 1987 the City entered into a contract for the demolition of the
Biscaya Hotel after it was ria-. :d a dangerous structure and condemned.
The cost of this demolition was $351,120 and a lien for that amount
was placed on the property July 15, 1987. On April 11, 1990 a
Satisfaction and Release of Lien was filed for consideration from
Mr. Harvey Goodman for a total of $125,000. The cost associated in
doing the demolition was paid for by a special fund created to provide
monies for closing and securing derelict properties. As this
"revolving fund" has suffered a loss of $226,120, the City needs to
replace the loss associated with this transaction. The accompanying
Resolution transfers from the General Fund to the Special Account an
amount sufficient to cover the loss.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt this
Resolution transferring $226,120 from the General Fund of the City
to the Building Closing Fund to cover the loss suffered on the
demolition of the Biscaya Hotel .
RWP:RJN:sw
35
AGENDA
-71 -
ITEM
DATE ( 0
r301 JUL 20 Pe 110 49 , 7 p ''8 , ,,, 7 65 6 9
, -i
C.
3349K
NOTICE OF LIEN iitL
STATE OF FLORIDA )
SS
COUNTY OF DADE )
NOTICE IS HEREBY GIVEN that under the provisions of Chapter
2 of the South Florida Building Code , an unsafe building was
situate upon the following described real property , to-wit :
Lots 1 and 2 in Block 1 , of FLEETWOOD SUBDIVISION ,
according to the Plat thereof , recorded in Plat Book 14 , at
Page 60 , and according to the Amended Plat thereof ,
recorded in Plat Book 28 , at Page 34 , of the Public Records
of Dade County, Florida ; and
Lots 26 and 27 of AQUARIUM SITE RESUBDIVISION, according to
the Plat Book 16 , at Page 67 , of the Public Records of Dade
County, Florida ; and
All of Out-Lot South of and adjoinging Lot 1 , in Block 1 ,
of FLEETWOOD SUBDIVISION, according to the Plat thereof ,
recorded in Plat Book 14 , at Page 60 , and according to the
Amended Plat thereof , recorded in Plat Book 28 , at Page 34 ,
of the Public Records of Dade County , Florida ,
which required the demolition of said buildings pursuant to Sec .
202 . 10 and 202 . 5 of said code .
THIS IS TO CERTIFY that the following costs have been
expended by the City of Miami Beach Building and Public Works
Department for the expenses as itemized in securing the above
described property pursuant to said Sec . 202 . 5 , 202 . 10 , and
202 . 11 of the South Florida Buidling Code , Sec. 553 . 75 Florida
Statutes ( 1985 ) and Section 8-1 Miami Beach City Code .
Payment to Tree Masters Inc. for demolition and clearing
costs of the above described property, including structures
situate thereon . $351 , 120 . 00
The total expenditures listed herein shall remain a
demolition lien against the real property involved until paid
pursuant to Sec . 2')2 . 11 of said Code . This Notice of Lien is
filed pursuant to Sec . 202 . 5 and 202 . 11 , and all persons having
or acquiring any interest in the above-described property are
hereby notified of• the existence of the said violations , liens
and penalties prescribed by law.
DTED at Miami Beach , Dade Count , Florida this tf--) day
CP
Af__41ty,
1987 Y
•
CITY OFVM T MI BEACH , FLORIDA
0
'71-
B / A. ' -
61 Gioia
Building Official
S�JBSCRIBED and SWORN TO before me this / day of i'f'-,,2 ,C-f_„ , 1987
./ if , ..!:.........'.1.... ,...,9.,.-,--_ -.:.
\' /1 / / .-1 , : 1 1 , ___: 7J`
iii _ �._����� t •
My Commission Expires : eJ . i ; e..
NOTARY PLICtXill,CF 1j ark ,i,
Prepared by : Arnold M. Weiner mr commtgrl jaP.•.u.,., ,r �k1
City Attar ley
COKED (HRU !SZ.�{�RAI IM;e UND; ��°
1700 Convention Center Drive �''`'""'I"t��`,,
Miami Beach , Florida 33139
( 305 ) 673-7470
AAA This lean agerbvw kntarask 11 an Amaank allowable by law. 37
NI,..iU$U IM llvI 1641. IIldi'Null 6o011
Of nni)F MIMI' s l;;R IOA,
PV(1110 V 14 4 if fl
ItICHARI) Pe 8H1NICFS
CL1HK c11 CU11 COUkU
L_..........,.....................,..... Mscellaneous Cash Rec&pf - 143408
CITY OF MIAMI BEACH
• / ‘-'2 t (-)c: '_,. Ot
s ,
S- — 7 19 VC)
1-4-Received of �� r V v G l�a fr\
Address .7 -74 I L 7 (,I te 1 (1120/
For COI 5 A et. F! r-i.(5 , ,f.
ko-f-eA a y\ A C fri p,
2241 01 1v- • q ii
ice o Finance Director
6e.
. �r-&--0 • 367991/ B
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r. t1 F UNU
11.--_ 4 w/�t e e &3-6 016
II Inst Cashier t Check IS IOSt ttOlAn Or delM B M *��Ir`
�� ••oc.ssarlr for the Purchaser/Remitter to,upPy2 9 1 6 7
k - '., ' demnoy Agreement in addition to a Surety bond fry.iw{e Iv.itu•
3
60
.*A_ of the check.with a*ailing period of 30 days.ties•a d. lcate
•• Sun Bank / Miami, ch.ck;3 rtsu.dor any refund is made
un ,National Association
Ib ,
-;;•• i ' Miami, Florida 33131 • : •
t ,1
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" � � 1�0
' HARVEY GOODMAN APRIL 30
REMITTER •
-1': - $.� •
11 III II l —
PAY . IcIM i M R?-- .
. -• I CASHIER'S CHECK
PAY • r ,ri ,
1 I t �
' TO THE R • • o• olaoEa /..„ 6.4",„.",..„
,' . .* **CITY. . OF 1 MIAMI BEACH*** e442,10...";:::) op
. OF i.';. 't •r• . : , AUTHORIZED SIGNATURE
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39
G
SATISFACTION AND RELEASE OF LIEN
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
OR AND IN CONSIDERATION of
the sum of ONE HUNDRED TWEN"I'
F
Y-
.
FIVE THOUSAND AND NO/100 ($125, 000 . 00) DOLLARS in hand this day
paid, acknowledged, the undersigned
the receipt of which is hereby that
does hereby release the property hereinafter described from
certain Claim of Lien filed by the
undersigned in the office of the
Clerk of the Circuit Court of
Dade County, Florida, on July 15 ,
7 and recorded on July 20, 1987
in ORB 13349 , at Page 1812 , of
198 ,
Florida, and hereby declares
the
Public Records of Dade County,
saiddirects the Clerk of said Court to
lien fully satisfied and
release and cancel said Claim of Lien.
Said property is described as follows:
P Y
in 1, o f FLEETWOOD SUBDIVISION,
Lots 1 and 2 Blockin Plat Book 14 ,
to the Plat thereof, recorded
according to the Amended
Page 60, and according Plat thereof ,3 4 o f the Public
recorded in Plat t Book 28 , at Page
Records of Dade County, Florida ; and
SITE RESUBDIVISION, according
Lots 2 6 and 2 7 o f AQUARIUMe Book 16 , at Page
t o the Plat thereof , recorded in Plat Pag
67 , of the Public Records of Dade County, Florida;
adjoining and
Lot 1 , in Block 1,
and
All of Out-Lot South of the Plat thereof ,
FLEETWOOD SUBDIVISION,
of
according to 60 � and according
recorded in Plat Book 14 , at Pagein Book 28 , at
o
Plat thereof , recorded Plat •
the Amended of Dade County , Florida•
of the Public Records
Page 34 ,
TNESS m hand and seal this
//1/,C day of ,�•, 1�� i e 1990 .
WI Y
SIGNED, SEALED AND DELIVERED MIAMI EACH,
presence of: CITY OForation
in the a Florida . ni pal p
‘d-decit,op.,) BY: ,'di v V ceay®Z
• Att-st:
City Clerk
SWORN TO AND SUBSCRIBED
i,tfore methi //rday �(SEAL)of .1 r , , 1990.
No
tarY Public, State of Florida
My Commisoi.on oxpirQS:
n _.Q a -Sid lc�IOA
1' r ,4
/ MY CV61: ;1:1 Uc
Notarial Seal) BooEO GENE,RAL
FORM APPROVED Th $INSTRUMENT PREPARED BY:
LEGAL DEPT• IRA M. ELEGANT, ESQ.
EXHIBIT E I T ~B" Southwest First Street
a�
By
fourth Floor
Florida 33130
Date
0 4 0
LAW 0Fr-ICES
B 1J CHBIN DER & ELEGANT
PROFESSIONAL ASSOCIATI�.�,4
CC r..MONWEALTH BUILDING • FOUP'-r rLC'
46 SOUTHWEST FIRST STRE_-
►+ARRIS J. BUCHBINOE=• MIAMI, FLORIDA 3.3130-16,17
!PA M. ELEGANT
TELEPHONE (305) 358-1515
• STEVEN A. COLSKY FAX NO (305) 358-5202 iR INC, B LEVENSCN
0, COUNSEL
CAROLINA A. ECHARTE
MONICA I. SALTS
May 9 , 1990
Mr. Bill Gonzalez
Lien Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Re: New Florida Hotel , et al v. City of Miami Beach
Dear Mr. Gonzalez :
Enclosed is a copy of my letter dated May 2 , 1990 , to Barry Jay
Warsch of Ruden, Barnett, et al . , together with a copy of a
Satisfaction and Release of Lien delivered to him.
Should you need anything further, please let me know.
Cordially,
go k
Ira M. El-g4 • t
IME: ls
enols.
41
LAW OFFICES
BUCI BLNDEB & ELEGANT
PROFESSIONAL ASSOCIATION
COMMONWEALTH BUILDING U FOURTH rLOOR
46 SOUTHWEST FIRST STREET
MIAMI, FLORIDA 33130 1697
HARRIS J BUCHBINDER
IRA M ELEGANT
TELEPHONE (305) 358 1515 IRdiNG a lEvENSON
STEVEN A COLSAr FAx NO (305) 358 5202 Cr COUNSEL
CAROLINA A ECHARTE
MONICA I. SALIS
May 2 , 1990
(To be picked up)
Barry Jay Warsch, Esq.
Ruden, Barnett, McClosky, Smith,
Schuster & Russell, P.A.
P.O. Box 1900
Ft. Lauderdale, FL 33302
Re: New Florida Hotel , et al . , v. City of Miami Beach
Dear Barry:
Enclosed is the original Satisfaction and Release of Lien which you
requestedyour
inMay 1, 1990 letter to me. Please call me when
Y
you receive this so that 1 may forward the settlement proceeds to
the City.
Kindest regards.
Sincerely yours,
IME: ls Ira M. Elegant
encl .
CC: Hon. Laurence Feingold
(w/encl)
RECEIPT OF THE FOREGOING (WITH ATTACHMENT)
IS HEREBY ACKNOWLEDGED
42
ORIGINAL
RESOLUTION NO. 90-20035
Transfering4.226-,„120, from_the, General Fund
to the Building Closing Fund.,
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41.1....M.114.1.111"11