2012-28031 Reso RESOLUTION NO. 2012 -28031
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT IN THE .AMOUNT OF $19,672.30 FOR CITY
LIENS ON PROPERTY OWNED BY SHOWTIME THEATRES,
INC, LOCATED AT 429 LENOX AVENUE, MIAMI BEACH,
FLORIDA, IN THE ORIGINAL AMOUNT OF $111,672.30, AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE
SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH SETTLEMENT AND LIEN
RELEASE.
WHEREAS, the property located at 429 Lenox Avenue, Miami Beach,
Florida (the "Property ") has accumulated fines, in the amount of $111,672.30;
and
WHEREAS, the Property is owned by Showtime Theatres (the "Property "
Owner "); and
WHEREAS, the Property has a lien recorded against it for the Property
owner's failure to remove and replace damaged gypsum boards in connection
with a PVC pipe rupture; and
WHEREAS, fines have accumulated in the amount of $111,672.30; and
WHEREAS, in ' review of the history of.the violations; the violation was
minor in nature, did not pertain to life safety issues; and the amount of the fines
accumulated exceeded the appropriate penalty; and
WHEREAS, Lawrence A. Gordich is the duly appointed Receiver in the
case styled in the matter of CDR Creances S.A.S. vs Leon Cohen, etc., et al.
Case Number 08 -50688 CA 32 pending in the 11 Judicial Circuit in and for
Miami -Dade County; Florida; and
WHEREAS, the payment of $111,672.30 would be disproportionate to the
nature of the violations; and
WHEREAS, in, light of these circumstances, the ' Administration
recommends that the City Commission approve a .$19,672.30 settlement amount
for these Properties as a penalty more in keeping with the nature of the
violations.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission .hereby approve the settlement in the amount of
$19,672.30 for the City liens on property owned by Showtime Theatres Inc,
located at 429 Lenox Avenue, Miami Beach, Florida, in the original amount of
$111,672.30, and further authorizing the City Manager to take such action and
execute any and all necessary documents to complete such lien release and
settlement.
PASSED and ADOPTED this 2 yNl day of OCA&K , 2012.
Jorge R. Exposito
ATTEST:
Cl ;(Y CLERK `�Nco
°R ATED. APPRC VE& ,
FORA &.1ANG:��.
Jd 5 2.
COMMISSION ITEM SUMMARY
Condensed Title:
Approving a settlement in the amount of $11,672.30 for city liens on property owned by -
Showtime Theatres, Inc., located at 429 Lenox avenue, Miami Beach, Florida, in the original
amount of $111,672.30
Key Intended Outcome Supported:
t
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 Settlement
Agreement?
Item Summary /Recommendation:
On June 14, 2006, a Notice of Violation was issued by the Building Department to Showtime
Theatres Inc. (the "Property_ Owner ") for failing to remove and replace damaged gypsum
boards in connection with a ruptured PVC pipe in the building.
On July 17, 2007, an Affidavit of Non - Compliance was filed with the Clerk of the Special
Master, and thereafter, a lien was recorded in the public, records in and for Miami -Dade
County, Florida.
On December 6, 2007, the Property Owner corrected the violation and an' Affidavit of
Compliance was issued on May 21, 2008.
On March 22, 2011, Lawrence A. Gordich was appointed as the Receiver -in connection with
the Litigation. During the course of the receivership, the Receiver has diligently worked to
resolve all issues with the City of Miami Beach.
In September, 2012, members of the Finance Department, as well as a representative from
the City Attorney's Office, met with counsel for the Receiver representative to discuss settling
the underlying lien. It was agreed to settle the underlying lien for 10 %of the amount owed or
$11,672.30, subject to Commission approval.
Advisory Board Recommendation:
Financial Information:
Source of 'Amount, Accbu "nt,.;
Funds:
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign -Offs:
Department „Assistant . ity anager City Manager
Director "
GPE /SR PDW / JS KGB
AGENDA ITEM C 7G
MIAMIBEACH DATE 10-A
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: October 7, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT IN THE AMOUNT OF $11,672.30 FOR CITY LIENS
ON PROPERTY OWNED BY SHOWTIME THEATRES, INC,
LOCATED AT 429 LENOX AVENUE, MIAMI BEACH, FLORIDA, IN
THE ORIGINAL AMOUNT OF $111,672.30, AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION
AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO
COMPLETE SUCH SETTLEMENT AND LIEN RELEASE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
A property owned by Showtime Theatres Inc. located at 429 Lenox Avenue, Miami Beach,
Florida (the "Property ") has accumulated fines in the amount of $111,672.30. The fines are
a result of a Notice of failing to remove and replace damaged gypsum boards in connection
with a ruptured PVC pipe in the building in violation of Miami Beach City Code Chapter 14,
sections 14 -31 and 14 -33.
In its governmental and regulatory capacity, the City of Miami Beach recorded a lien in the
public records of Miami -Dade County, Florida (the "Lien ") which attaches to all real and
personal property owned by Showtime Theatres Inc.
Description of Violation
On June 14, 2006, a Notice of Violation was issued by the Building Department to
Showtime Theatres Inc. (the "Property Owner ") for failing to remove and replace damaged
gypsum boards in connection with a ruptured PVC pipe in the building.
Special Master Hearings
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At the initial hearing before the Special Master, the Special Master set a compliance date
of January 3, 2007 or a fine of $250.00 per day for noncompliance would commence as of
January 3, 2007. On July 17, 2007, an Affidavit of Non - Compliance was filed with the
Clerk of the Special Master, and thereafter, a lien was recorded in the public records in and
for Miami -Dade County, Florida.
On December 6, 2007, the Property Owner corrected the violation and an Affidavit of
Compliance was issued on May 21, 2008.
The Property Owner timely requested mitigation. However, the Property Owner failed to
appear for the hearing scheduled for May 6, 2010.
Circuit Court Action:
On March 22, 2011, Lawrence A. Gordich was appointed as the Receiver in connection
with the litigation involving a dispute between the lender and the Property Owners. During
the course of the receivership, the Receiver has worked diligently to resolve all issues with
the City of Miami Beach.
Settlement Negotiations
In September, 2012, members of the Finance Department, as well as a representative from
the City Attorney's Office, met with counsel for the Receiver representative to discuss
settling the underlying lien. Based on the age of the lien, the non -life safety nature of the
violation, and a review of the companion case, case number JB0600472, which involved a
notice of violation for failing to obtain a building, electrical and plumbing permit in
connection with interior renovations without a permit, which when in compliance, the
Special Master reduced the fine.from $103,388.99 to $10,338.00 (10 %), the parties have
agreed to settle the underlying lien on a similar percentage, for $11,672.30, subject to
Commission approval.
The Receiver warrants that the Property is in compliance with City codes.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution authorizing the City Manager to execute any and all documents
necessary to complete such lien release and settlement.
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Special Master reduced the fine from $103,388.99 to $10,338.00 (10 %), the parties have
agreed to settle the underlying lien on a similar percentage, for $11,672.30, subject to
Commission approval.
The Receiver warrants that the Property is in compliance with City codes.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution authorizing the City Manager to execute any and all documents
necessary to complete such lien release and settlement.
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SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION
PROPERTY ADDRESS: 429 Lenox Avenue, Miami Beach, Florida
PROPERTY OWNER: Showtime Theatres Inc.
CASE NUMBER: JB06000435
NATURE OF LIEN: Building Violation
LIEN AMOUNT: $111,672.30
LEGAL DESCRIPTION: Folio Number: 02- 4204 - 005 -0010. Said property
being known as 429 Lenox Avenue, Miami Beach,
Florida: Lots 7 and 8 in Block 40 of GEORGE W.
MUSSETT'S RESUBDIVISION OF LOTS 9 to 12, of
OCEAN BEACH ADDITION NO. 3, according to the
Plat thereof, as recorded in Plat Book 38 at Page 69,
of the Public Records of Miami -Dade County, Florida
Pursuant to the authority vested in the City Charter section 4.02 and section 30.74(h) of
the Code of the City of Miami Beach, Florida to enter into a Settlement Agreement for a
lien against property filed by the City of Miami Beach, this Settlement Agreement is
entered into with Lawrence A. Gordich, as the Court appointed receiver /substitute
trustee (the "Receiver ") in the matter of CDR Creances S.A.S. vs Leon .Cohen, etc., et
al. Case Number 08 -50688 CA 32 pending in the 11 Judicial Circuit in and for Miami-
Dade County, Florida, (the "Litigation ") to settle and provide for the release of lien
encumbering the property located- at 429 Lenox Avenue, Miami Beach, Florida.
The City Clerk of the City of Miami Beach is hereby directed and authorized to release
the lien associated with the above referenced case number, which is imposed upon the
real property located at 429 Lenox Avenue, Miami Beach, Florida, pursuant to
conditions herein and as described herein.
Description of Violation
On June .14, 2006, a Notice of Violation was issued by the Building Department to
Showtime Theatres Inc. (the "Property Owner ") for failing to remove and replace
damaged gypsum boards in connection with a ruptured PVC pipe in the building.
Special Master Hearings
At the initial hearing before the Special Master, the Special Master set a compliance
date of January 3, 2007 or a fine of $250.00 per day for noncompliance would
commence as of January 3, 2007. On July 17, 2007, an Affidavit of Non - Compliance
was filed with the Clerk of the Special Master, and thereafter, a lien was recorded in the
public records in and for Miami -Dade County, Florida.
On December 6, 2007, the Property Owner corrected the violation and an Affidavit of
Compliance was issued on May 21, 2008.
The Property Owner timely requested mitigation. However, the Property Owner failed to
appear for the hearing scheduled for May 6, 2010.
Circuit Court Action:
The complaint alleged that CDR Creances's predecessor -in- interest, Societe de Banque
Occidentale (the "Bank ") loaned money to Euro- American Lodging Corporation, a
company owned and controlled by Leon Cohen, Maurice Cohen, Lea Cohen and Sonia .
Cohen ( collectively, the "Cohens ") for the purpose of purchasing and renovating a New
York City hotel. The loan was secured by the revenues generated by the hotel and two
mortgages on the hotel property, among other assets. The complaint further alleges the
Cohen diverted hotel revenues from the hotel, sold the hotel, kept the sale proceeds,
hid the stolen money in offshore bearer share corporations and Swiss bank accounts
and ultimately used these funds to purchase and maintain several properties owned by
the Cohens and their newly formed corporations including the property located at 429
Lenox Avenue, Miami Beach, Florida. In the Complaint, the Bank sought to enjoin the
transfer of the properties in Florida, and to impose a constructive trust on them.
The last known addresses of the Cohens, as indicated in the Final Judgment are as
follows: Leon Cohen and Maurice Cohen, Broward County Jail, 555 S.E. 1 Avenue, Ft.
Lauderdale, Florida; Lea Cohen, Camino de Mesoncillos 13 Moraleja, 28100
Alcobendas, Spain; and Sonia Cohen, 15 Boulevard du Larvotto, Le San Juan, Monaco.
On March 22, 2011, Lawrence A. Gordich was appointed as the Receiver in connection
with the Litigation. During the course of the receivership, the Receiver has diligently
worked to resolve all issues with the City of Miami Beach.
Settlement Negotiations
In September, 2012, members of the Finance Department, as well as a representative
from the City Attorney's Office, met with counsel for the Receiver representative to
discuss settling the underlying lien. Based on the age of the lien, the non -life safety
nature of the violation, and a review of the companion case, case number J130600472,
which involved a notice of violation for failing to obtain a building, electrical and
plumbing permit in connection with interior renovations without a permit, which when in
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compliance, the Special Master reduced the fine from $103,388.99 to $10,338.00
(10%), the parties have agreed to settle the underlying lien on a similar percentage, for
$11,672.30, subject to Commission approval.
Conditions of Settlement
The City's lien recorded in Official Records Book 25511 at Page 2877 in the Public
Records of Miami -Dade County, Florida is hereby settled in the amount of $11,672.30,
.receipt of which is hereby acknowledged.
The Receiver warrants that the Property is in compliance with City codes.
The Clerk of the Special Master is hereby authorized to satisfy the above reference lien.
Kathie G. Brooks, Date
Interim City Manager
AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION
I have read this Settlement and Release of Lien Authorization, regarding 429 Lenox
Avenue Miami Beach, Florida, Special Master Case Number 'set forth above, and
understand and agree to its terms and have executed same for, its purposes herein
stated.
Accepted by:
By: Lawrence A. Gordich, as Receiver Date
STATE OF FLORIDA )
): ss
COUNTY OF MIAMI -DADE )
The foregoing instrument was acknowledged before me this day
of October, 2012 by . Lawrence A. Gordich as Receiver of PCCO, Inc. f /k /a Alan
Lieberman Management Corporation, Inc., who has produced her /his driver's license as
identification and who did /did not take an oath.
My commission expires:
Notary Public, State of Florida
Print name
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