2012-27852 Reso RESOLUTION NO. 2012-27852
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ESCROW
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JOSE
ROMERO TO ESCROW FUNDS FROM THE SALE OF 204 NORTH
FLAGLER AVENUE, HOMESTEAD, FLORIDA; 550 NORTH FLAGLER
AVENUE, HOMESTEAD, FLORIDA; 610 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; AND 700 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; IN ORDER TO FACILITATE THE
REHABILITATION OF AND COMPLIANCE WITH OUTSTANDING
CODE VIOLATIONS ON THE REAL PROPERTY LOCATED AT 6955
CARLYLE AVENUE, MIAMI BEACH, FLORIDA; 8119 CRESPI
BOULEVARD, MIAMI BEACH, FLORIDA; AND 8230 BYRON AVENUE,
MIAMI BEACH, FLORIDA OWNED BY JOSE ROMERO; AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH
ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS.
WHEREAS, Jose Romero is the,owner of certain properties located in the City of
Miami Beach, Florida, to wit:
6955 Carlyle Avenue;
8119 Crespi Boulevard; and
8230 Byron Avenue
(the "Miami Beach Properties); which are in violation of numerous City of Miami Beach
Code provisions and for which the City of Miami Beach recorded liens for
noncompliance; and
WHEREAS, in its governmental and regulatory capacity, the City of Miami Beach
is requiring Jose Romero to comply with the City of Miami Beach Code and make the
necessary repairs to the Miami Beach Properties; and
WHEREAS, Jose Romero is the owner of certain properties located in the City of
Homestead, Florida, to wit:
204 North Flagler Avenue;
550 North Flagler Avenue;
610 North Flagler Avenue; and
700 North Flagler Avenue
(the "Homestead Properties"); and
WHEREAS, the City of Miami Beach and Jose Romero have agreed that the
sum of $200,000.00 is required for releasing the Homestead Properties from the City
Liens.
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WHEREAS, the City of Miami Beach and Jose Romero have agreed that the
sum of $200,000.00 shall be held by the City of Miami Beach in Escrow (the "Escrowed
Money") in consideration for issuing Partial Releases of Liens; and
WHEREAS, the City of Miami Beach and Jose Romero now agreed that the City
of Miami Beach shall be the escrow agent (the "Escrow Agent") and that the Escrowed
Money is being created to facilitate the rehabilitation of and compliance with all code
violations on the City of Miami Beach Properties; and
WHEREAS, it is in the best interest of the City of Miami Beach to enter into the
attached Escrow Agreement, Exhibit "A."
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
That the Mayor and the City Commission hereby authorize the City Manager to
enter into the Escrow Agreement between the City of Miami Beach and Jose Romero to
escrow funds from the sale of 204 North Flagler Avenue, Homestead, Florida; 550 North
Flagler Avenue, Homestead, Florida; 610 North Flagler Avenue, Homestead, Florida;
and 700 North Flagler Avenue, Homestead, Florida; in order to facilitate the
rehabilitation of and compliance with outstanding code violations on the real properties
located at 6955 Carlyle Avenue, Miami Beach, Florida; 8119 Crespi Boulevard, Miami
Beach, Florida; and 8230 Byron Avenue, Miami Beach, Florida owned by Jose Romero;
and further authorizing the City Manager to take such action and execute any and all
necessary documents.
PASSED AND ADOPTED this Xs/— day of MarCk , 2012.
ATTEST: APPROVED:
City Clerk r
INCORP ORATED' * APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission approving an escrow agreement between
the City and Jose R. Romero in the amount of $200,000 from the sale of certain Homestead
properties to be used for the rehabilitation and compliance with code violations on the Miami
Beach properties located at 6955 Carlyle Avenue; 8119 Crespi Boulevard; and 8230 Byron
Avenue and authorizing the City Manager to take such action and execute any and all
necessary documents.
Key Intended Outcome Supported:
Increase resident's satisfaction with level of Building Enforcement.
Supporting Data:
(Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and
consistency of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving this Escrow
Agreement?
Item Summa /Recommendation:
Jose R. Romero is the owner of three Miami Beach properties with numerous unpaid building
and code compliance violations: 6955 Carlyle Avenue; 8110 Crespi Boulevard; and 8230
Byron Avenue. The City of Miami Beach has recorded numerous liens, including a lien for
unpaid Resort Taxes, against these properties and all other properties owned by Jose
Romero in Miami-Dade County.
Mr. Romero is now selling his properties in Homestead to the Dade County Public Schools
and needs our liens to be removed from these properties. In order to allow the sale of the
properties in Homestead, the City of Miami Beach and Jose Romero have agreed on an
Escrow Agreement.
The Escrow Agreement provides for the sum of $200,000.00 to be held in escrow for a
period of two (2) years. The $200,000.00 is non-refundable. The sum of$100,000.00 will be
set aside for Mr. Romero to use for rehabilitating the Miami Beach Properties, and the sum of
$100,000.00 will be set aside and applied to the outstanding fines, should Mr. Romero
request mitigation once the Miami Beach Properties are brought into compliance within two
2 ears of the effective date of the Escrow Agreement
Advisory Board Recommendation:
Financial Information:
Source of Amount : .Account
Funds:
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Assistant,City.-,Manager City.Manager
Director
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IMAGENDA ITEM C7�
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® MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Ci y Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 2012
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN ESCROW AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND JOSE R. ROMERO TO
ESCROW $200,000 FROM THE SALE OF 204 NORTH FLAGLER AVENUE,
HOMESTEAD, FLORIDA; 550 NORTH FLAGLER AVENUE, HOMESTEAD,
FLORIDA; 610 NORTH FLAGLER AVENUE, HOMESTEAD, FLORIDA; AND
700 NORTH FLAGLER AVENUE, HOMESTEAD, FLORIDA; IN ORDER TO
FACILITATE THE REHABILITATION OF AND COMPLIANCE WITH
OUTSTANDING CODE VIOLATIONS ON THE REAL PROPERTY LOCATED
AT 6955 CARLYLE AVENUE, MIAMI BEACH, FLORIDA; 8119 CRESPI
BOULEVARD, MIAMI BEACH, FLORIDA; AND 8230 BYRON AVENUE, MIAMI
BEACH, FLORIDA OWNED BY JOSE R. ROMERO; AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution authorizing the execution of the Escrow Agreement as described.
ANALYSIS
Jose R. Romero is the owner of the following properties: 6955 Carlyle Avenue, Miami Beach,
Florida; 8110 Crespi Boulevard, Miami Beach, Florida; and 8230 Byron Avenue, Miami Beach,
Florida (the "Miami Beach Properties.") The Miami Beach Properties are the subject of
numerous building and code compliance violations. In its governmental and regulatory capacity,
the City of Miami Beach recorded numerous liens, including a lien for unpaid Resort Taxes, in
the public records of Miami-Dade County, Florida. These liens attach to all real property owned
by Jose Romero.
On repeated occasions, City of Miami Beach staff has met with Mr. Romero to discuss bringing
the Miami Beach Properties into compliance. However, due to the nature of the violations and
the cost of bringing the Miami Beach Properties into compliance, Mr. Romero has not had the
financial means to do so.
In addition to the Miami Beach Properties, Mr. Romero is the owner of the following properties:
204 North Flagler Avenue, Homestead, Florida; 550 North Flagler Avenue, Homestead, Florida;
610 North Flagler Avenue, Homestead, Florida; and 700 North Flagler Avenue, Homestead,
Florida (the "Homestead Properties.")
The Homestead Properties are encumbered by the City of Miami Beach's liens. In order for Mr.
Romero to sell the Homestead Properties and convey clear title, Mr. Romero contacted staff to
discuss releasing the Homestead Properties from the City of Miami Beach liens. In addition to
the City of Miami Beach liens, the Homestead Properties are encumbered by a mortgage and
other municipal liens.
In order to facilitate the closing on the Homestead Properties and in exchange for the City of
Miami Beach issuing a partial release of lien only as to the Homestead Properties, Mr. Romero
agreed that the total proceeds received from this sale, in the amount of $200,000.00, would be
held in escrow by the City of Miami Beach with the City of Miami Beach acting as the escrow
agent.
The purpose of the Escrow Agreement is to ensure that the Miami Beach Properties are brought
into compliance and that Mr. Romero would not be able to use the proceeds from the sale of the
Homestead Properties for anything other than rehabilitating the Miami Beach Properties.
The Escrow Agreement provides for the sum of $200,000.00 to be held in escrow for a period of
two (2) years. The $200,000.00 is non-refundable. Of the funds in escrow, $100,000.00 will be
set aside for Mr. Romero to use for rehabilitating the Miami Beach Properties, and the sum of
$100,000.00 will be set aside and applied to the outstanding fines, should Mr. Romero request
mitigation once the Miami Beach Properties are brought into compliance within two (2) years of
the effective date of the Escrow Agreement.
In the event that Mr. Romero fails to comply with the terms of the Escrow Agreement, any
unused escrowed funds will be forfeited to the City of Miami Beach and all City of Miami Beach
liens will remain on the Miami Beach Properties.
The Escrow Agreement also provides for payment in full to satisfy the Resort Tax Lien.
ADIMINISTRATION RECOMMEDATION
Adopt the Resolution authorizing the City Manager to execute the Escrow Agreement.
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