2007-26507 Reso
RESOLUTION NO. 2007- ~6507
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT OF CITY LIENS ON THE REAL PROPERTY
LOCATED AT 821 COLLINS AVENUE (GALlL CONDOMINIUM),
MIAMI BEACH, FLORIDA, RESULTING FROM SPECIAL
MASTER CASE NOS. JB00000307; JB00000928; AND
JB980987, AND PROVIDING THAT SAID LIENS, IN THE
AMOUNT OF $386,383.62 PLUS INTEREST, BE SETTLED FOR
THE AMOUNT OF $10,000.00; AND FURTHER AUTHORIZING
THE CITY MANAGER TO TAKE SUCH ACTION(S) AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO
COMPLETE SUCH LIEN RELEASES AND SETTLEMENT.
WHEREAS, the property located at 821 Collins Avenue (Galil Condominium or
the "Property") has accumulated liens, in the amount of $386,383.62, plus interest; and
WHEREAS, the Property has three different Building Violations dating back to
1998, 1999, and 2000, which were for a series of relatively minor elevator violations on
the condominium structure; and
WHEREAS, since the first violation was initially noted in 1998 until the present,
the condominium association has had several different property management entities
and service on the association, as well as compliance for the violations, was made more
difficult as a result; and
WHEREAS, the liens were first discovered by the condominium association in
late 2003, when a title insurance commitment raised the issue of a recorded lien for one
of the unit owners attempting to sell a unit; and
WHEREAS, since the time that the fines were originally imposed, only eight (8)
of the original sixteen (16) unit owners still reside on the property and half of the current
owners were not present when the fines were imposed (and could have been addressed
for fairly nominal charges); and
WHEREAS, the City Administration's research has indicated that no affirmative
disclosure of the liens was made prior to the October 2003 title commitment; and
WHEREAS, the Administration would recommend full and final settlement of the
aforestated liens, in the amount of $10,000.00.
\
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve the settlement for the outstanding City liens on the real
property located at 821 Collins Avenue (Galil Condominium), Miami Beach, Florida,
resulting from Special Master Case Nos. JB00000307; JB00000928; and JB980987, and
providing that said liens, in the amount of $386,383.62 plus interest, be settled for the
amount of $10,000.00, in full settlement of these liens; and further authorizing the City
Manager to take such action(s) and execute any d all necessary documents to
complete such lien releases and settlement.
PASSED and ADOPTED this. 11 th day of
ATTtJIlli kJ tu~
CITY CLERK
F :\cmgr\$ALL \BOB\821 CollinsAveliensettlementreso.doc
,2007.
APPROVED AS TO
FORM & LANGUAGE
FOR CUTION
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the settlement of City liens at 821 Collins Avenue (Galil Condominium)
providing that the lien in the amount of $386,383.62 plus interest be settled for the amount of
$10,000.00.
Ke Intended Outcome Su orted:
Increase resident satisfaction with the level of Code Enforcement.
Issue:
Shall the City Commission approve the settlement of City liens on real property at 821 Collins Avenue
Galil Condominium?
Item Summary/Recommendation:
The Galil Condominiums have three different Building liens totaling $386,383.62 that have accumulated
since 1998, 1999, and 2000. In each case, the violations were for a series of relatively minor elevator
violations.
As with many of our condominium buildings, since the first violation was initially noted in 1998 until the
present, the condominium association has had several different property management entities.
Service on the association, as well as compliance for the violations was made more difficult as a
result. The liens were first discovered by the condominium association in late 2003, when a title
insurance commitment raised the issue of a recorded lien for one of the unit owners attempting to sell
their unit. Unfortunately, from the time that the fines were originally imposed in 1998 until 2003, a
number of the condominium units had sold and transferred ownership. At present, only eight (8) of
the original sixteen (16) condominium owner units still reside on the property. Half of the current unit
owners were not present when the fines were imposed and when the violations could have been
addressed for fairly nominal charges.
As part of the background research for this particular condominium association, several different title
opinions from previous sales were reviewed to determine whether or not there had been an earlier
disclosure of the presence of liens to the prospective buyers. The research has indicated that no
affirmative disclosure of the liens was made prior to the October 2003 title commitment.
Given the nature of the violations, the passage of time and the condominium real estate systems inability
to properly disclose the violations and liens, it is recommended that the City Commission approve a
settlement agreement for the Galil Condominium Association from their current total of $386,383.62 to an
amount of $10,000.00. The $10,000.00 fine is more appropriate to the nature of the violations and given
the small number of units in the association represents a fair settlement amount that is manageable for the
residents.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
islative Trackin
m
...
MIAMI BEACH
AGENDA ITEM
DATE
e7F
!j,//,()"/
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City C mmission
FROM: Jorge M. Gonzalez, City Manager
DATE: April 11 ,2007
SUBJECT: 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 821 COLLINS AVENUE (GALlL
CONDOMINIUM), MIAMI BEACH, FLORIDA, RESULTING FROM SPECIAL
MASTER CASE NOS. JB00000307; JB00000928; AND JB980987, AND
PROVIDING THAT SAID LIENS, IN THE AMOUNT OF $386,383.62 PLUS
INTEREST, BE SETTLED FOR THE AMOUNT OF $10,000.00, AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION(S) AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH
LIEN RELEASES AND SETTLEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAL YSIS
The Galil Condominiums located at 821 Collins Avenue have liens totaling $386,383.62 that
have accumulated since 1998.
Three different Building Violations have accumulated fines at the Galil Condominiums in
1998, 1999, and 2000. In each case, the violations were for a series of relatively minor
elevator violations on the condominium structure.
The property is fully in compliance and has had a 2006 lien settled by the Special Master for
approximately $7,500.00.
As with many of our condominium buildings, since the first violation was initially noted in
1998 until the present, the Condominium Association has had several different property
management entities. Service on the actual homeowners association, as well as
compliance for the violations was made more difficult as a result. The liens were first
discovered by the condominium association in late 2003, when a title insurance commitment
raised the issue of a recorded lien for one of the unit owners attempting to sell their unit.
Unfortunately, from the time that the fines were originally imposed in 1998 until 2003, a
number of the condominium units had sold and transferred ownership. At present, only eight
(8) of the original sixteen (16) condominium owner units still reside in the structure. Half of
the current unit owners were not present when the fines were imposed and when the
violations could have been addressed for fairly nominal charges.
As part of the background research for this particular condominium association, several
different title opinions from previous sales were reviewed to determine whether or not there
had been an earlier disclosure of the presence of liens to the prospective buyers. The
research has indicated that no affirmative disclosure was made prior to the October 2003
title commitment.
While the condominium owners may have recourse against their title companies and/or
closing attorneys, such an action would require more expenditure of resources and time that
in this instance is an unnecessary burden on the condominium owners.
Given the nature of the violations, the passage of time and the condominium real estate
systems inability to properly disclose the violations and liens, it is recommended that the City
Commission approve a settlement agreement for the Galil Condominium Association from
their current total of $386,383.62 to an amount of $1 0,000.00. The $10,000.00 fine is more
appropriate to the nature of the violations and given the small number of units in the
association represents a fair settlement amount that is manageable for the residents.
JMG\RCM\sam
F:\cmgr\$ALL \BOB\821 CollinsAveliensettlementcommemo.doc
2
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SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION
PROPERTY ADDRESS: 821 Collins Avenue, Miami Beach, Florida
PROPERTY OWNER: Galil Condominium
CASE NUMBER(S): Special Master Cases #JB980987, JB00000928 and
JB00000307
NATURE OF LIEN(S): Building Violations
LIEN AMOUNT(S): $386,383.62
LEGAL DESCRIPTION: GALIL CONDO #1 UNIT 201 UNDIV .0552% INT IN
COMMON
LIEN RECORD BKPG: Book 18896, Page 3780, and Book 19690 Page 893
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 Galil Condominium, the property owner at 821 Collins Avenue, Miami
Beach, Florida, to settle and provide for the release of the lien(s) as 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 821 Collins Avenue,
Miami Beach, Florida, pursuant to conditions herein and as described herein.
Condition(s) of Settlement:
This lien in the amount of $386,383.62 is settled in consideration of receipt of $10,000.00
(per the attached Resolution) receipt of which is hereby acknowledged.
The property owner warrants that subject property is in compliance with City Codes.
_-- .-
orge I~ onzalez
City Manager
A_ _ -`~
f/~ 7 n ~'~ _._
~
.
Robert C_ iddaugh
Assistant City Manage
s-3~-~~
Date
~a.S ~~7
Date
AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION
I have read this SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION,
regarding 821 Collins Avenue, Miami Beach, Florida, Special Master Cases JB980987,
JB00000928 and JB00000307 and lien amount of $386,383.62 and I understand and
agree to its terms and have executee for its purposes herein stated.
Accepted by:
Raul T.
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DARE )
of Galil Condominium (Property Owner)
The foregoing instrument was acknowledged before me this '~ '~ day of
2007, by ~, ,who has produced her is
driver' license as identification and who di id n take an oath.
MY COMMISSION EXPIRES
~ ~'.
~ -J' ~d~J
NOTARY PUBLIC, STATE OF FL R
~,yn ~ Notary Public Stab of Florida
Judittt Hernandez-Fpuerw
My Commission DD648ti93
PR
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F \cmgrl~ALL1BOB\liensettlementGalilCondo82lCollinsAve.doc
Wachovia Bank, N. A.
GALIL I CONDO
309 23RD STREET
SUITE 300
MIAMI BEACH FL 33139-1700
TEN THOUSAND AND DO/100 DOLLARSr+++++r++r+r+++rr+++r+r+rr++r+r+r++++r++++++
+Y CITY OF MIAMI BEACH
THE P.O. BOX 116649
DER OF ATLANTA, GA 30368-6649
63-6I3 1670
CHECK DATE VENDOR NO.
05/16/07 C ITM IA
CHECK NO.
005202
CHECK AMOUNT
""""'~*` 10,000.00
11.005 20 211' x:06?00643 2~: 20000 2 209 L94311'
CITMIA CITY OF MIAMI BEACH 5/16/07 ~~OQ
'ENDOR:
REF. NO. YOUR INV. NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN
- =SOT- It610T---- -_ - .
SPCL MSTR LIEN
GALIL I CONDO Total: 10,000.00
_ORpEH. CALL DYNAMIC SYSTEMS ~sd IB00! 782-2946 CHECK 21 COMPLIANT