2004-25623 ResoRESOLUTION NO. 2004-25623
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 2002-24768 BY PROVIDING A REVISION OF
THE CONDITIONS ATTACHED TO A LIEN SETTLEMENT
AGREEMENT FOR PROPERTY LOCATED AT 2925 INDIAN
CREEK DRIVE AND FURTHER AUTHORIZE THE MAYOR AND
CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS
NECESSARY TO EFFECTUATE THE AMENDMENT.
WHEREAS, in 2002, the City Commission approved a Lien Settlement
Agreement for the property known as the Alden Hotel located at 2925 Indian
Creek Drive that released accumulated liens in exchange for a cash payment to
the City and upon fulfillment of certain conditions by the property owner; and
WHEREAS, one of the conditions explicitly identified in the approval by
the Mayor and City Commission was that the property receive a final
Inspection/Certificate of Occupancy prior to final release of the lien; and
WHEREAS, the intention of the original condition was to assure that the
subject building was completely restored and made available for productive use
within the City; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that
Resolution No. 2002-24768 Subsection C. is hereby amended to reflect the
condition of Temporary Certificate of Occupancy rather than the issuance of a
Final Inspection as a condition for release of the subject liens on the property and
further that in the event the final items necessary to obtain a Certificate of
Occupancy for the property are not promptly completed the City may at its sole
discretion immediately suspend the Occupational License and Certificate of Use
for the subject property.
PASSED and ADOPTED this 7t.~b_h d/~oft!~, 2004.
v i~/AYOR
City Clerk
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: July 7, 2004
Members of the City Commission
Jorge M. Gonzale~.,.,~~ ..~~.--_ ,.L'I
City Manager ~ '",.F/ L..__,..,,'x,~ v ~~~,,.~
//
A RESOLUTION OF THE MAYOR AND THE'CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO, 2002-
24768 BY PROVIDING A REVISION OF THE CONDITIONS ATTACHED TO
A LIEN SETTLEMENT AGREEMENT FOR PROPERTY LOCATED AT 2925
INDIAN CREEK DRIVE AND FURTHER AUTHORIZE THE MAYOR AND
CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY
TO EFFECTUATE THE AMENDMENT,
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
In 2002, the City Commission approved a Lien Settlement Agreement with the owner of the
property located at 2925 Indian Creek Drive that provided for a $50,517.20 payment by the
current property owner in settlement of liens that accrued on the property in the total
amount of $476,578.54.
As part of the Lien Settlement Agreement, the City also conditioned the release upon the
receipt of an Occupational License and Certificate of Use and a final inspection for the
renovation project which was to be undertaken by the property owner negotiating the
release. The intent of the conditions was to assure that the property in fact was renovated
and put back to productive use in the City.
The property owner has completed virtually all of the work attendant to the property
renovation, has received the Occupational License and Certificate of Use but is unable for
a short period of time to achieve final inspection or Certificate of Occupancy pending a few
minor items with the Fire and Planning Departments. The building owner has received a
Temporary Certificate of Occupancy and has addressed all life safety issues.
The specific wording of the original Lien Settlement Agreement with the City stipulated final
inspection and until such time as that condition is complied with or amended as suggested
in this agenda item, the property owner is unable to close on the property and complete
financing associated with the project.
As the principal intent of the Lien Settlement Agreement has been fulfilled by the property
owner and the items remaining are relatively minor in nature, it is recommended that the
City facilitate the closing of the financing on subject property and alter the original
Resolution to reflect receipt of a Temporary Certificate of Occupancy and also further
retain the ability to suspend the Occupational License in the event that the Certificate of
Occupancy is not received within an appropriate period of time.
JMG\RCM\sam
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