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2001-24355 RESO RESOLUTION NO. 2001-24355 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CODE ENFORCEMENT LIENS ON THE PROPERTIES OWNED BY JOIVECA CORPORATION LOCATED AT 4360 COLLINS AVENUE, 4370 COLLINS AVENUE, 4381 INDIAN CREEK DRIVE, AND THE ADJOINING EASEMENT TO ALL OF THE ABOVE REFERENCED PROPERTIES, AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENT. WHEREAS, Joiveca Corporation ("Joiveca") owns the properties located at 4360 Collins Avenue, 4370 Collins Avenue, 4381 Indian Creek Road, and the easement which runs with those properties, and intends to sell such properties to a party unrelated to the settlement; and WHEREAS, the City of Miami Beach ("City") has initiated foreclosure proceedings against the above referenced properties owned by Joiveca for $1.6 million in code enforcement liens in Circuit Court Case Nos. 99-19181 CA 05; 99-19180 CA 01; and 99-19745 CA 20; and WHEREAS, the City has been negotiating the settlement of this matter from on or about September 7, 1999 to date; and WHEREAS, the City has received an offer of $315,000. which more than doubles Joiveca's initial offer. WHEREAS, the City was able to obtain this offer despite the properties being sold to a third party who will be bound by the terms of the proposed settlement; and WHEREAS, the Administration has reviewed Joiveca's offer, and has throughly discussed the matter with the City Attorney or his designees, and recommends the proposed settlement, which is set forth in the settlement letter which is attached hereto and incorporated as if fully set forth herein, as being in the best interests of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: I. The Mayor and City Commission herein approve the settlement letter between Joiveca and the City, provided that payment in full of the Three Hundred Fifteen Thousand Dollars ($315,000,) is received within one hundred twenty (120) days of the Bankruptcy final order including an appeal in cases 99-15698 - BKC-RAM Chapter 7 (Debtor) and 00-1411-BKC- RAM-ADV., Miami Division, United States, Southem District of Florida. 2. The Mayor and City Clerk are herein authorized to execute all necessary documents including, but not limited to, such releases as may be necessary, to effectuate the proposed settlement letter and to comply with any and all other terms of the settlement letter. PASSED and ADOPTED this 16th day of May ,2001. 1d MAYOR ATTEST: ~r rOAtk CITY CLERK APPROVED /lS TO FORM & I.ANGUAGE & FOR EXECUTION F:IA TTOIABNVlCOMMISN .MEMlJOVRES,LST ~ <1/)1(/1 om. '\~ ;..- --.... ]P>(GrlR. "'C.. .::y fJ,frfz1i1Jlafi ~ Rodriguez, P.A. 01'" ATTORNEYS AT LAW 'fRY -8 PM 4: 48 ell)' All OHNt 'YS OFFln LUIS N. PEREZ WILLIAM T. GORAN JAVIER J. RODRIGUEZ VANESSA S. SEPTlEN May 4, 2001 Valencia M. Abner, Esq. 1700 Convention Center Drive Miami Beach, Fl. 33139 RE: City of Miami Beach v. Joiveca Corp. Code Enforcement Liens Dear Valencia: I know you are working on the draft settlement documents and City Council resolutions in connection with the above referenced matter. The resolution and other documents should clearly state that all liens on the following four ~ folio numbers are being released with the settlement in the total amount of$315,000.00, as follows: and the folio numbers are (1.) 02-3226-001-2190 (2.) 02-3226-001-2200 f3.) 02-522l>-UUI-UlO ouf v>\U'-o (10-1. ~r-:j<4'J (4.) 02-3226-001-2220 I know you will call if you have any questions. Sincerely, JJR:mlb cc: Lyons & Smith, P.A. Javier J. Rod For the Firm 1320 South Dixie Highway, Suite 1000 . Coral Gables, Florida 33146 . Phone: 305667-9878 Fax: 305 667-9657 OFFICE OF THE CITY ATTORNEY <6'~ efJldom; 11- F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. ~7:;'-O I DATE: APRIL 18,2001 TO: MAYOR NEISEN KASDIN MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALEZ FROM: MURRAY H. DUBBI~II . .1\. ~V CITY ATTORNEY JW\.~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CODE ENFORCEMENT LIENS ON THE PROPERTIES OWNED BY JOIVECA CORPORATION LOCATED AT 4360 COLLINS AVENUE, 4370 COLLINS AVENUE, 4381 INDIAN CREEK DRIVE, AND THE ADJOINING EASEMENT TO ALL OF THE ABOVE REFERENCED PROPERTIES, AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENT. The above referenced Resolution is submitted for consideration by the Mayor and City Commission. It is a proposed settlement of the following Joiveca foreclosure cases: 1. City of Miami Beach v. 4360 Collins Avenue and Joiveca COW.. et.al., Case No, 99-19181 CA 05; 2. City of Miami Beach v. 4370 Collins Avenue and Joiveca COW.. et. al., Case No. 99-19180 CA 01; and 3. City of Miami Beach v. 4381 Indian Creek Drive. Case No. 99-19745 CA 20 Agenda Item {! 7 G- 1700 Convention Center Drive -- Fourth Floor- Miami Beac Date 5'~(6 - Of Commission Memorandum No. Date: April 18, 2001 Attached are two letters from Javier J. Rodriguez, Esquire, representing the owners of the properties located at 4360 Collins Avenue, 4370 Collins, and 4381 Indian Creek Road, Miami Beach, and the adjoining easements to said properties. Due to the Code violations relative to these properties arising from the unauthorized use of the properties as a parking lot, Code Enforcement fines were imposed upon the subject three separate properties. The Special Master's order on the violations continued to accrue on a per diem basis for many years, resulting in the present situation whereby the fines are now more than half the present market value ofthe properties. Under the present City Code, these fines would be subject to a cap, which figure is lower than the existing fines at issue, Therefore, we recommend that the City Commission accept the settlement offer proposed as reasonable, in light of the property owners' argument that the three sets of violations should have been cited against one property. F:IA TTOIABNVlCOMMISN .MEMIJOlVECA.MEM OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER ORIVE. MIAMI BEACH, FLORIDA 33139