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2008-26740 ResoRESOLUTION NO. 2008-26740 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A CITY LIEN ON THE REAL PROPERTY LOCATED AT 1036 LINCOLN ROAD, MIAMI BEACH, FLORIDA, RESULTING FROM SPECIAL MASTER CASE NO. JB04000198, AND PROVIDING THAT SAID LIEN, IN THE AMOUNT OF $343,830.88 PLUS INTEREST, BE SETTLED FOR THE AMOUNT OF $5,000.00; 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 1036 Lincoln Road (the Property) has accumulated a lien, in the amount of $343,830.88, plus interest; and WHEREAS, in 2004, the Property was cited for failure to obtain a final Certificate of Occupancy and compliance was achieved in 2007; and WHEREAS, City records indicate that the appropriate work was completed on the Property and the fine was issued because the Property owner did not complete the appropriate documentation to obtain the Certificate of Occupancy; and WHEREAS, the Administration recommends the City Commission approve a settlement of the aforestated lien, in the amount of $5,000.00. 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 and authorize that the City lien on the real property located at 1036 Lincoln Road, Miami Beach, Florida, resulting from Special Master Case No. JB04000198, in the amount of $343,830.88 plus interest, be settled for the amount of $5,000.00; and further authorize the City Manager to take such action(s) and execute any and all necessary documents to complete such lien releases and settlement. PASSED and ADOPTED this 16thday of January , 2008. A CITY CLERK Robert Parcher F:\cmgrl$ALL\BOB\1036Lincol nRdliensettlementreso.doc yor Matti H. Bower APPROVED AS TO FORM & LANGUAGE COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the settlement of a City lien at 1036 Lincoln Road providing that the lien in the amount of $343,830.88 plus interest, be settled for the amount of $5,000.00. Key Intended Outcome Supported: Increase resident satisfaction with the level of Code Enforcement. Supporting Data (Surveys, Environmental Scan, etc.): 61 % of residents are either very satisfied or satisfied with the fairness and consistency of the enforcement of code and ordinances in their neighborhood. Issue: Shall the City Commission approve the settlement of a City lien on real property at 1036 Lincoln Road? Item Summary/Kecommenaat~on: The property at 1036 Lincoln Road is owned by 1024 Lincoln Road LLC and is operated as Ann Taylor Loft. The tenant operates a high quality clothing store and has had no record of enforcement history or issues since the beginning of their operations in 2004. The property does have an outstanding lien from what appears to be the remodeling necessary to accommodate the Ann Taylor Loft store dating back to 2004, in the total amount of $343,830.88. The fine and resultant lien accumulated until compliance was fully achieved in October 2007, thus the significant amount. The original citation on the property was failure to obtain a final Certificate of Occupancy. Conversations with the property owner's representative and review of the City's records indicate that the appropriate work was completed on the facility to be eligible to receive a Certificate of Occupancy. There was no life safety or significant unresolved issues in existence to prohibit issuance of a Certificate of Occupancy. The fine was issued simply because the property owner did not complete the appropriate documentation to obtain the Certificate and close the file. In the case of this property, the original owner and management company was based in San Luis Obispo, California and the recent owner as of November 2007 is based in New York City. As this particular tenant has been a good operator and there was not an attempt to avoid the City's appropriate closeout procedure, simply a lack of information relative to the process, it has been agreed with the property owner that a settlement in the amount of $5,000.00 as a minor penalty would be appropriate to settle the outstanding lien on this particular property. It is recommended that the City Commission approve a settlement in the amount of $5,000.00 against a total outstanding lien amount of $343,830.88. Adviso Board Recommendation: Financial Information: Source of Amount Account Funds: ~ OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Department Director I Assist~City Manager I City Manager ,~ 'L~ ~~ ~ ~~ ~ ~ AGENDA ITEM C ~ DATE / ld -~~ m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 16, 2008 SUBJECT: 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 LOCATED AT 1036 LINCOLN ROAD, MIAMI BEACH, FLORIDA, RESULTING FROM SPECIAL MASTER CASE NO. JB04000198, AND PROVIDING THAT SAID LIEN, IN THE AMOUNT OF $343,830.88 PLUS INTEREST, BE SETTLED FOR THE AMOUNT OF $5,000.00; 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. ANALYSIS The property at 1036 Lincoln Road is owned by 1024 Lincoln Road LLC and is operated as Ann Taylor Loft. The tenant operates a high quality clothing store and has had no record of enforcement history or issues since the beginning of their operations in 2004. The property does have an outstanding lien from what appears to be the remodeling necessary to accommodate the Ann Taylor Loft store dating back to 2004, in the total amount of $343,830.88. The fine and resultant lien accumulated until compliance was fully achieved in October 2007, thus the significant amount. The original citation on the property was failure to obtain a final Certificate of Occupancy. Conversations with the property owner's representative and review of the City's records indicate that the appropriate work was completed on the facility to be eligible to receive a Certificate of Occupancy. There was no life safety or significant unresolved issues in existence to prohibit issuance of a Certificate of Occupancy. The fine was issued simply because the property owner did not complete the appropriate documentation to obtain the Certificate and close the file. In the case of this property, the original owner and management companywas based in San Luis Obispo, California and the recent owner as of November 2007 is based in New York City. As this particular tenant has been a good operator and there was not an attempt to avoid the City's appropriate closeout procedure, simply a lack of information relative to the process, it has been agreed with the property owner that a settlement in the amount of $5,000.00 as a minor penalty would be appropriate to settle the outstanding lien on this particular property. It is recommended that the City Commission approve a settlement in the amount of $5,000.00 against a total outstanding lien amount of $343,830.88. JMG\RCM\sam F:\cmgr\$ALL\BOB\1036Lincol n Rdliensettlementcommemo.doc 2 SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION PROPERTY ADDRESS: PROPERTY OWNER: CASE NUMBER(S): NATURE OF LIEN(S): LIEN AMOUNT(S): LEGAL DESCRIPTION: BLK 47 LOT SIZE 100.000 X 150 OR 19331-1985 1000 5 NAT J RATNER TR ALBERT RATNER TR OR 14592-2838 0690 4 1036 Lincoln Road, Miami Beach, Florida 1024 Lincoln Road, LLC Special Master Case #JB04000198 Building Violation $343,830.88 34 53 42 LINCOLN SUB PB 9-69 LOTS 10 & 11 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 1024 Lincoln Road, LLC., the property owner at 1036 Lincoln Road, 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 1036 Lincoln Road, Miami Beach, Florida, pursuant to conditions herein and as described herein. Condition(s) of Settlement: This lien in the amount of $343,830.88 is settled in consideration of receipt of $5,000.00 receipt of which is hereby acknowledged. The property owner warrants that subject property is in compliance with City Codes. ,~ __.._ .~ rgei,M. onzalez _ City Ma an ger ~- Robert C. Mi augh Assistant City Manager ~ L ~' 2 oo~j ate -~-~j-08 Date AGREEMENT TO SETTLEMENT AND RELEASE AUTHORI7AT[ON I have read this SETTLEMENT AND RELEASE OF LIEN(S) Ali'I~HORILA"PION, regarding 1036 Lincoln Road, Miami Beach, Florida, Special Master Case Number ,IB04000198 and lien amount of $343,830.88 and I understand and agree to its terms and have executed same for its purposes herein stated. Accepted by: Harold Rosen, Attorney for 1024 Lincoln Road, LLC, Property Uwner STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADS ) _ The foregoing instrument was acknowledged before me this ~ day of ~1 `~1 „ 2008, by ~1i~~1,I;_,~1 ~ ~ a~~~~ who has produced her/his driver's license as identification and who did/did not take an oath. MY COMMISSION EXPIRES: F:~cmerA$ALL1l30B\licnsettlement 1036LincolnRd.d~~c ,1(( Y i ~ L i~ ~~~ ~.~ NOT Y PUBLIC, STATE, OF FLORIDA t~V11~i/1~~C.A O "•••••••• Cannes D00r-41d12 EupMN 1M~012 __ PR ~Nalr~-I~.Ma -- 2 ANN'lAYLUK Disbursement Account 476 Wheelers Farms Road Milford, Connecticut 06461 Vendor #: 119291 Wachovia Bank Chapel Hi11,NC 27514 pply Five Thousand And 00/100 Dollars TO THE CITY OF MIAMI BEACH ORDER OF AMOUNT IN EXCESS OF $10,000.00 REQUIRE TWO SIGNATURES Authorized Signatu e ~~'0000 386 584i~' ~:0 5 3 LO L 56 ~~: 20 799000 59096~~' Vendor: CITY OF MIAMI BEACH Vendor Address: Vendor Address: Vendor ID: 119291 PAYEE COPY (iH~;~:K NU: 3t365~34 DATE: 28-JAN-08 66-156/531 CHECK AMOtJN'^ $5,000.00 Total: Check No.: Date: 5,000.00 386584