2001-24356 RESO
RESOLUTION NO. 2001-24356
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE SETTLEMENT OF CODE
ENFORCEMENT LIENS ON THE PROPERTY OWNED BY
CONGREGATION BETH TFILAH, (RABBI STERN)
LOCATED AT 935 EUCLID AVENUE, MIAMI BEACH,
FLORIDA, AND FURTHER, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO EFFECTUATE THE
SETTLEMENT.
WHEREAS, Congregation Beth Tfilah (Rabbi Stern) owns the property located at 935
Euclid A venues, and intends to deed such properties to a another congregation (Friends of
Lubovitch), who will correct all violations upon transfer oftitle; and
WHEREAS, the City of Miami Beach ("City") has initiated foreclosure proceedings
against the above referenced property owned by Congregation Beth Tfilah; and
WHEREAS, the City has been negotiating the settlement of this matter since January,
2001; and
WHEREAS, the City is in agreement to release the lien for payment of$10.00; and
WHEREAS, the Administration has reviewed Congregation Beth Tfilah's offer, and has
throughly discussed the matter with the City Attorney or his designees, and recommends the
proposed settlement which is set forth in the settlement letter which is attached hereto and
incorporated as if fully set forth herein, as being in the best interests of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
1. The Mayor and City Commission hereby approve the attached settlement letter
between Congregation Beth Tfilah and the City.
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER ORIVE. MIAMI BEACH. FLORIOA 33139
2. The Mayor and City Clerk are herein authorized to execute all necessary
documents including, but not limited to, such releases as may be necessary, to effectuate the
proposed settlement letter and to comply with any and all other terms of the settlement letter.
PASSED and ADOPTED this 16thdayof
May
,2001.
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MAYOR
ATTEST:
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CITY CLERK
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APPROVED A$ TO
FORM & lANGUAGE
& FOR EXECUTION
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Date
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIOA 33'39
CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
April 20, 2001
Code Compliance (305) 673-7555
Rabbi Stern
Congregation Beth Tfi1ah
935 Euclid Avenue
Miami Beach, FL 33139
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RE:
Case #JC961437/ 46649-PM
935 Euclid Avenue
Miami Beach, FL
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This agreement was the result of foreclosure action brought by iEhe c;:!ity
Attorney's Office with respect to outstanding liens against the above property.
Pursuant to discussions with members of my staff, this letter of agreeme:1t
("Agreement") will confirm that the City of Miami Beach ("City"), and Rabbi Stern
(Owner), have agreed to recommend to the Special Master a settlement of the
above-referenced case based on the following facts and subject to the conditions
enumerated below:
Dear Rabbi Stern:
(A) City agrees to release lien in the above case that totals
$110,972.00 for payment of $10.00.
~B) A Notice of Violation was issued for case #46649-PM for exterior
property maintenance violations.
(C) Case #JC961437/ 46649-PM was forwarded to the Special Master. On
December 12, 1996 the Special Master ordered full compliance by
February 27, 1997, or a $50.00 a day fine would begin to accrue.
(D) The total lien for the accruing fines total SUO, 972.00 plus
interest.
(E) You have submitted information that the temple at one time had over
350 members. Presently it has no members. Rabbi Stern wishes to
deed the property to another congregation (Friends of Lubovitch) for
their use. Friends of Lubovitch will correct all violations upon
transfer of title. Permits are in the process of being obtained.
(F) The department recommends release of the above lien for payment of
$10.00.
This agreement is subject to the approval of the Special Master.
Page 2
O"~~
Albert P. Childress
Director
Department of Code Compliance
Ronnie Singer
Executive Assistant to the City
Manager
Jorge M. Gonzalez
City Manager
Special Master
Accepted by:
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I have read this agreement, understood its terms, have had the benefit of counsel
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
)SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this _____ day of
, 2001, by , who has produced his driver's
license as identification and who did/not take an oath.
NOTARY PUBLIC, STATE OF FLORIDA
PRINT NAME:
MY COMMISSION EXPIRES:
F:\CODE\$MAN\CHILORES\AGREEMTS\935EUC.AGM
LIEN SETTLEMENT
Location: 935 Euclid Avenue
Lien Amount: $110,972.00
Value of Property: Unknown
Homestead Property: No
Lien Settlement Amount: $10.00
Reason for Settlement: The lien was the result of a Notice of Violation issued for exterior
property maintenance violations. The daily fine of $50.00 accured for a period of three (3) years.
This temple at one time had over 350 members. Presently it has no members. Rabbi Stern wishes
to deed the property to another congregation (Friends of Lubovitch) for their use. Friends of
Lubovitch will correct all violations upon transfer of title. Permits are in the process of being
obtained.
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
Code Compliance Department
April 20, 2001
Code Compliance (305) 673-7555
Rabbi Stern
CGngr~g~tion Beth Tfilah
935 E~clid Avenue
Miami Beach, FL 33139
RE:
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Case #JC961437! 46649-PM
935 Euclid Avenue
Miami Beu.ch, FL
Rabbi Stern:
This agreement was the result of foreclosure action brought by the City
Attorney's Uffice with respect to outstanding liens against the above property.
Pursuant to discussions with members of my staff, this letter of ag::-eement
("Agreement") will confirm that the City of Miami Beach ("City"), and Rabbi Stern
(Owner), have agreed to recommend to the Special Master a settlement of the
above-referenced case based on the following facts and subject to the conditions
enumerated below:
(A) City agrees to release lien in the above case that totals
$110,972.00 for payment of $10.00.
(8) A Notice of Violation was issued for case #46649-PM for exterior
property maintenance violations.
(C) Case #JC961437! 46649-PM was forwarded to the Special Master. On
December 12, 1996 the Special Master ordered full compliance by
February 27, 1997, or a $50.00 a day fine would begin to accrue.
(0) The total lien for the accruing fines to~al $110,972,00 plus
incerest.
(E) You have submitted information that the temple at one time had over
350 members. Presently it has no members. Rabbi Stern wishes to
deed the property to another congregation (Friends of Lubovitch) for
their use. Friends of Lubovitch will correct all violations upon
transfer of title. Permits are in the process of being obtained.
(F) The department recommends release of the above lien for payment of
$10.00.
This agreement is subject to the approval of the Special Master.
Page 2
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Director
Department of Code Compliance
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lionnie Singev'
Executive Assistant to the City
Manager
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Accepted by:
Rabbi Stern
Owner
I have read this agreement, understood its terms, have had the benefit of counsel
and have executed same for its purposes herein stated.
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
, 2001, by , who has produced
license as identification and who did/not take an oath.
day of
his driver's
NOTARY PUBLIC, STATE OF FLORIDA
PRINT NAME:
MY COMMISSION EXPIRES:
F:\COOE\SMAN\CHILDRES\AGREEMTS\935EUC.AGM
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO.
{),73-o!
DATE: MAY16,2001
TO:
MAYOR NEISEN KASDIN
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM:
MURRAYH.DUBBIN 9nfG>.-
CITY ATTORNEY
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 PROPERTY OWNED BY CONGREGATION
BETH TFILAH, (RABBI STERN) LOCATED AT 935 EUCLID A VENUE, MIAMI
BEACH, FLORIDA, AND FURTHER, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO
EFFECTUATE THE SETTLEMENT.
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The above referenced Resolution is submitted for consideration by the Mayor and City
Commission. It is a proposed settlement of the following Congregation Beth Tfilah foreclosure case:
Citv of Miami Beach v. 935 Euclid Avenue
Case #JC961437/46649-PM;
Attached is a settlement agreement for property maintenance violations in which fines accrued to
$110,972, At one time the Temple had over 350 members. Presently it has no members. Rabbi Stem, for
the Congregation, wishes to deed the property to another Congregation (Friends of Lubovitch) for their
use. Friends of Lubovitch are in the process of obtaining all necessary permits to renovate the entire
property. The Congregation Beth Tfilah and Rabbi Stem are not benefitting financially from the transfer
ofthe title, No monies are being exchanged in the transfer.
Also attached is the executed settlement agreement by the City Manager's Office and the Special
Master. The lien has not been released, pending City Commission approval.
f:lattolabnvlcommisn.memlbethtfi1.cm Agenda Item C 7 If
1700 Convention Center Drive __ Fourth Floor __ Miami Bea, Date S:-/~ -0/