2004-25713 Reso
RESOLUTION NO. 2004-25713
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT OF A CITY LIEN ON REAL PROPERTY OWNED
BY MR. MORRIS TABANNEJAD AT 3101 INDIAN CREEK
DRIVE, UNIT 300, MIAMI BEACH, FLORIDA, RESULTING FROM
SPECIAL MASTER CASE NO. JB00000526/BUILDING
VIOLATION NO. BV00000557 AND PROVIDING THAT THE LIEN
IN THE AMOUNT OF $255,435.26 PLUS INTEREST BE
SETTLED FOR THE AMOUNT OF $5,000.00.
WHEREAS, the property at 3101 Indian Creek Drive, Unit 300 has
accumulated fines as a result of a Special Master Order on a building violation
(Special Master Case/Building Case No. JB00000526/BV00000557) in the
amount of $255,435.26 plus interest; and,
WHEREAS, this specific lien attached only to Unit 300 in the complex at
3101 Indian Creek Drive is for failure to obtain a building permit to replace an in-
wall air conditioning unit in February 2000; and,
WHEREAS, the owner of Unit 300 is attempting to sell his unit thereby
prompting the discussion of the lien; and,
WHEREAS, in light of the relatively minor nature of the infraction, the
$5,000.00 settlement amount was deemed to be a severe enough penalty when
taken together with the time of non-compliance; and,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a
settlement for an outstanding City lien at the property of 3101 Indian Creek Drive,
Unit 300, in the amount of $255,435.26 is hereby approved (Special Master
Case No. JB00000526/Building Violation No. BV00000557, Recorded on August
11,2001 at Book 19838, Page 1831 and Affidavit on Non-Compliance on August
11, 2001 at Book 19838 at Page 1832) upon payment of the sum of $5,000.00 to
the City of Miami Beach; and further that the City Manager shall be authorized to
execute any and all necessary documents to co pletesuch lien releases and
settlement subject to the approval of the Specia st.
PASSED and ADOPTED this 13th da
,2004.
A~TEST: ()
~-t~
Ci Y Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F :lcmgrl$ALL IBOBI31 011 ndCrkDrliensettlereso.doc
14~vIlIL-::- /O-6-r)Y
c mey~ Dale
CITY OF MIAMl BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution approving the settlement of a City lien on real property at 3101 Indian Creek Drive, Unit 300,
Miami Beach, Florida, resulting from Special Master Case No. JB00000526/Building Violation No.
BV00000557 and providing that the lien in the amount of $255,435.26 plus interest be settled for the
amount of $5,000.00.
Issue:
Shall the City settle the liens on real property at 3101 Indian Creek Drive, Unit 300 for $5,OOO.00?
Item Summary/Recommendation:
The condominium complex at 3101 Indian Creek Drive has a total of 41 dwelling units. The property has
liens pending in excess of $1 million and is currently undergoing the process of securing compliance for all
open violations such that a lien settlement may be pursued at some point in the future.
Among the outstanding liens is a specific lien attached only to Unit 300 in the complex in the amount of
$255,435.26. The specific lien attached only to Unit 300 results from a failure to obtain a building permit to
replace an in-wall air conditioning unit in February 2000. Fines ran on the property for a period of
approximately 3 Yo years resulting in the sizeable lien that is currently on the property.
The owner of Unit 300 is attempting to sell his unit thereby prompting the discussion of the lien. It is
unclear how long the compliance efforts will take for the entire condominium building, therefore this lien
settlement has been negotiated specifically for only Unit 300 with the understanding that there may be
liability for some other lien amount in the future if a settlement is reach for the entire condominium
complex.
The settlement amount negotiated with the seller and the prospective buyer is $5,000.00. In light of the
relatively minor nature of the infraction, the $5,000.00 settlement amount was deemed to be a severe
enough penalty when taken together with the time of non-compliance. Approval of the settlement is
recommended.
Advisory Board Recommendation:
IN/A
Financial Information:
Finance Dept.
Source of
Funds:
D
Ci Clerk's Office Le islative Trackin :
Robert C. Middaugh, Assistant City Manager
G7F
DATE /~-/3-ol(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
m
COMMISSION MEMORANDUM
From:
Mayor David Dermer and Date: October 13, 2004
Members of the City Commission
Jorge M. Gonzalez \.~
City Manager 0 U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A
CITY LIEN ON REAL PROPERTY OWNED BY MR. MORRIS
TABANNEJAD AT 3101 INDIAN CREEK DRIVE, UNIT 300, MIAMI
BEACH, FLORIDA, RESULTING FROM SPECIAL MASTER CASE NO.
JB00000526/ BUILDING VIOLATION NO. BV00000557 AND PROVIDING
THAT THE LIEN IN THE AMOUNT OF $255,435.26 PLUS INTEREST BE
SETTLED FOR THE AMOUNT OF $5,000.00.
To:
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The condominium complex at 3101 Indian Creek Drive has a total of 41 dwelling units.
The property has liens pending in excess of $1 million and is currently undergoing the
process of securing compliance for all open violations such that a lien settlement may be
pursued at some point in the future.
Among the outstanding liens is a specific lien attached only to Unit 300 in the complex at
3101 Indian Creek Drive in the amount of $255,435.26. The specific lien attached to Unit
300 results from a failure to obtain a building permit to replace an in-wall air conditioning
unit in February 2000. Fines ran on the property for a period of approximately 3 % years
resulting in the sizeable lien that is currently on the property.
The owner of Unit 300 is attempting to sell his unit thereby prompting the discussion of the
lien. It is unclear how long the compliance efforts will take for the entire condominium
building, therefore this lien settlement has been negotiated specifically for only Unit 300
with the understanding that there may be liability for some other lien amount in the future if
a settlement is reached for the entire condominium complex at 3101 Indian Creek Drive.
The sales contract for Unit 300 lists the condominium unit sale price at $120,000.00 and an
outstanding mortgage of approximately $56,500.00, which with other expenses results in a
net to the seller of approximately $60,000.00.
The settlement amount negotiated with the seller of the condominium unit and the
prospective buyer is $5,000.00. In light of the relatively minor nature of the infraction, the
$5,000.00 settlement amount was deemed to be a severe enough penalty when taken
together with the time of non-compliance.
Both the buyer and seller of the condominium unit are aware of the settlement amount and
have agreed to incorporate this into their transaction appropriately. Approval of the
settlement is recommended.
JMG/RCM/sam
F:lcmgrl$ALLIBOBI3101IndCrkDriveliensetllecommemo.doc
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SETTLEMENT AND RELEASE OF LIEN(S) AUTHORI7,ATION
PROPERTY ADDRESS: 3101 Indian Creek Drive, Unit #300
PROPERTY OWNER: Morris Tabaimejad
CASE NUMBER(S): Special Master Case No. JB00000526
Building Violation No. BV00000557
NATURE OF LIEN(S): Building Violation
LIEN AMOUNT(S): $255,43.26
LEGAL DESCRIPTION: Lots 7, 8, 10, 13 & 14, Block 16 and Strip Opp Amended
Map Ocean Front Property
Pursuant to the authority vested in the City Charter to enter into Settlement Agreements
for liens against property filed by the City of Miami Beach, this Settlement Agreement is
entered into with the property owner at 3101 Indian Creek Drive, Unit 300, IVliami
Beach, Florida, to settle and provide for the release of the lien(s) indicated herein.
The City Clerk of the City of Miami Beach is hereby directed and authorized to release
the above referenced lien(s) imposed upon the real property at 3101 Indian Creek Drive,
Unit 300, Miami Beach, Florida, pursuant to conditions herein and as described herein.
Condition(s) of Settlement:
This lien in the amount of $255,435.26 is settled in consideration of receipt of $5,000.00,
receipt of which is hereby acknowledged.
The Settlement and Release of Lien(s) referenced herein in subject to the approval of the
Special Master.
orge M { onzalez •._
City Manager
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Date
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Robert C. Middaugh
Assistant City Manager
Special aster V
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Date
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ate
AGREEMENT TO SETTLEMENT AND RELEASE AL.`THORIZATION
I have read this SETTLEIVfENT AND RELEASE OF LIEN(S) AUTHORIZATION,
regarding 3101 Indian Creek Drive, unit 300, Special Master Case Number JB00000526
and Building Violation No. BV00000557 and lien amount of X255,435.26 and I
understand and agree to its temps and have executed same for its purposes herein stated.
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Accepted by: ',. d }d t• /`I~.,, ~ ' V ,;-..
Authorized Pro erx e~presental~ve
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADS )
The foregoing instrument was acknowledged before me this ~h day of
2004, by pY j~ 'r~ykj e~V'le.~p~ ,who has produced his driver's
license as identification and who did/did not to an oath.
MY COMMISSION EXPIRES: NOTARY PUBLIC T E OF FLORIDA
~ ~:`•; MY COMMISSION # DD 209444
~~~~ - EXPIRES: May 5, 2007
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