2002-25049 Reso
RESOLUTION NO, 2002-25049
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OR MIAMI BEACH, FLORIDA APPROVING A
SETTLEMENT FOR OUTSTANDING LIENS ON THE
PROPERTY OF 7474 COLLINS AVENUE OWNED BY BANK
OF AMERICA, WHICH SHALL PROVIDE FOR AN $8,000
PAYMENT TO THE CITY OF MIAMI BEACH IN FULL
SETTLEMENT OF THE OUTSTANDING LIEN IN THE
AMOUNT OF $236,314,48,
Whereas, the property at 7474 Collins Avenue owned by Bank of
America has accumulated fines and a property lien in the amount of $236,314.48
(Special Master Case JB980261) as a result of a violation of the City's forty-year
building recertification requirements; and
Whereas, the fine amount has accumulated from a Special Master
order from August 1998 to present; and
Whereas, the property owner made diligent efforts to comply with the
City's recertification requirements and was actually in noncompliance for a period
of only approximately two months during the time that fines were accumulating
on said property; and
Whereas, compliance and communication efforts in the subject case
were complicated by the City's use of an improper property owner name and
address; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, that in light of the facts
of the case and the clearly inappropriate and disproportionate amount of the fines
and the result of the lien on the property at 7474 Collins Avenue owned by Bank
of America, that a reduction in the fine and lien amount from its current
$236,314.48 to an amount of $8,000 representing a fair and reasonable fine for
the nature of violation and the actual time of noncompliance is hereby approved
and further direct that the City Manager or his designee is authorized to execute
a lien release consistent with this resolution.
PASSED and ADOPTED this 13th day of N ember 2002.
ATTEST:
/ttJ-7-tP'L
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f' CLERK
T:\AGENDA\2OO2\NOV1302\REGULAR\Bank of America Settlement-res.doc
CllY OF MIAMI BEACH
CONMISSION ITEM SUMMARY
m
Condensed Title:
A resolution approving a settlement for an outstanding lien on the property of 7474 Collins Avenue owned
by Bank of America, which shall provide for an $8,000 payment to the City of Miami Beach in full settlement
of the outstanding lien in the amount of $236,314.48.
Issue:
Shall the City Commission approve a fine and lien reduction from an amount of $236,314.48 to $8,000 for
property of 7474 Collins Avenue owned by Bank of America?
Item Summary/Recommendation:
The Bank of America property has accumulated fines and a lien in the amount of $236,314.48 from August
1998 to present. The property has accumulated fines as a result of a violation of the City's forty-year
building recertification requirement. The property was actually out of compliance for approximately two
months even though fines ran for the entire duration of 1998 to 2000. The owner made diligent efforts to
promptly comply with City requirements. Violations were of a minor nature and the process was elongated
due to inaccurate notice address utilized by the City.
The Administration recommends aooroval of the resolution.
Advisory Board Recommendation:
I N/A
Financiallnfonnation:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
City Clerk's Office Legislatiw Tracking:
I Robert C. Middaugh
Si n-Ofts:
Department Director
anager
City Manager
T:\AGENDA\2002\NOV1302\REGULARIBank of America Saltl.
AGENDA ITEM
DATE
c7D
//-/3-02..
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.mlami-beach.fl.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: November 13, 2002
Jorge M. Gonzalez ~
City Manager
A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY
OR MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT FOR
OUTSTANDING LIENS ON THE PROPERTY OF 7474 COLLINS AVENUE
OWNED BY BANK OF AMERICA, WHICH SHALL PROVIDE FOR AN
$8,000 PAYMENT TO THE CITY OF MIAMI BEACH IN FULL
SETTLEMENT OF THE OUTSTANDING LIEN IN THE AMOUNT OF
$236,314.48,
ADMINISTRATION RECOMMENDATION
From:
Subject:
Adopt the Resolution.
ANALYSIS
The property at 7474 Collins Avenue which is owned by Bank of America originally was
cited in 1998 for a violation of the forty-year recertification requirement of the building. The
violation was only for noncompliance with the building recertification procedures, and up to
the present time fines have accumulated in the amount of $236,314.48 on the subject
property.
The Bank of America property is now fully compliant with City Codes. As we have
reviewed the history of the property it is apparent that the outstanding fine amount is
unwarranted and given the facts in the case disproportionate to the amount of time for
which the property was actually out of compliance with the City's Codes.
The property owner has maintained a full and complete record of the correspondence and
transactions between the City and the property owner dating from the time of recent
violation until the property was certified to be in compliance. In the review of the record it is
clear that the property owner made a concerted effort to comply with the City's
recertification requirements and actually did accomplish the repairs required in the building
within several months of the original notification of violation. The process appears to have
been elongated and complicated as a result of the City continuing to send notices to a
previous owner of the property at an address not utilized by the current property owner. In
spite of the notification difficulties, the property owner was out of compliance with
certification requirements for a period of time of approximately two months over the span of
years in which the violation was active and for which fines were accumulating.
The property owner expended approximately $4,000 in complying with the City's building
recertification procedures, which indicates that the violations were clearly minor in nature
and posed no real threat to life, health or safety.
The $8,000 settlement from the outstanding fines and lien is intended to reflect more
closely the amount of fines which would be attributed to the period of time for which the
bank was actually out of compliance with the City's recertification requirements.
The property owner has agreed that this would represent a fair settlement and that the fine
is proportionate with the amount of time for which the bank was not in compliance with
these procedures.
CONCLUSION
In light of the property owners diligent efforts to seek quick compliance with the City's
recertification requirements, the minor nature of violations, the notice of difficulties
associated with this particular case, and the short period of time for which there actually
was no compliance, it is recommended that the Mayor and City Commission approve a
settlement between the City and Bank of America to reduce the outstanding fines and lien
amount from $236,314.48 to the amount of $8,000 which is fair and reasonable for this
situation.
NOV13021REGULARlBank of America Settlement.doc
J).oo~ - 2S" 0 If 1
LAW OFFICES
STEARNS WEAVER MILLER WEISSLER ALHADEFF 81 SITTERSON. P ,A,
MUSEUM TOWER
150 WEST FLAGLER STREET
MIAMI, FLORIOA 33130
TAMPA OFFICE
SUITE 2200
SUNTRUST FINANCIAL CENTRE
401 EAST JACKSON STREET
TAMPA. FLORIDA 33e02
(813) 223-4800
JEFFREY S. BARTEL
OIRECT LINE (305) 789-3427
emall:jbar1el@swmwas.com
MIAMI (305) 789-3200' BROWARO (954) 463-5440
FAX (305) 769-3395
WWW.STEARNSWEAVER.COM
FT. LAUDERDALE OFFICE
SUITE 1900
200 EAST BROWARD eoULEVARD
FORT LAUDERDALE. FLORIDA 33301
(954) 462.9500
February 11,2003
VIA FEDERAL EXPRESS
Ms. Shelia Maes
City of Miami Beach
Office of the Assistant City Manager
4th Floor, 1700 Convention Center Drive
Miami Beach, FL 33139
Re: Case No. JB980261 (the "Case")
7474 Collins Avenue
Miami Beach, Florida
Dear Shelia:
In connection with the above-referenced Case, enclosed please find this firm's check made
payable to The City of Miami Beach in the amount of Eight Thousand and no/l 00 Dollars ($8,000.00)
with the form of Settlement and Release of Lien Authorization executed by the property owner's
representative/counsel.
Please provide me a fully executed copy of said Settlement and Release of Lien Authorization,
with the necessary signatures by the City Manager, Assistant City Manager and City Attorney.
As this fully closes the Case, please make the necessary arrangements with The City of Miami
Beach Special Master to fully close the matter in all respects.
Thank you, once again, for your continued assistance and cooperation.
JSB/ps
Enclosure
cc: Niurka Hernandez
Trammell Crow Company
.
SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION
CASE NUMBER(S): JB980261
LIEN AMOUNT:
$236,314,48
Pursuant to the authority vested in the City Charter and specifically granted by the City
Commission to enter into Settlement Agreements for liens against property filed by the City of
Miami Beach, this Settlement Agreement is entered into with the Bank of America, property
owner of 7474 Collins Avenue, Miami Beach, Florida, to settle and provide for the release of
liens indicated herein.
The City Clerk of the City of Miami Beach is hereby directed and authorized to release the liens
for the property at 7474 Collins Avenue, Miami Beach, Florida, pursuant to conditions herein and
as described herein.
Condition of Settlement:
This lien is settled in consideration of receipt of $8,000 receipt of which is hereby acknowledged.
J..~!:J:tC:
City M ger
L
'2--;' Lf 103
Date
Ro ert C. Mi augh
Assistant City Manager
Sl'""~~ &~ 1':
City Attorney's ffice
2-/;>"-03
Date
Accepted by:
Authori
Date
1ft; t/ ~O~
Title
~OVED AS TO ..
fORM&.LANGUAOE
I have read this Agreement, understood its terms, have had the benet&IiOI~QN
executed same for its purposes here)in ""red. .~. .
STATE OF FLORIDA _ __ /J.-Ip..o3
) SS Pc, . ..' .. .~:": ,'#0;' Oc&:a
COUNTY OF MIAMI-DADE )
egoing . strument was acknowledged before me this ~ day of
20~ by "5. who has produced his driver's license as identification
who did/did not e an oath. n
J1mm t- ,~4APlliL
N~ARY PUBLIC, STATE OF FLORIDA
J::2:.[) n \' 5imud
PRINT NAME
'5ef{;'j s:- fft~(~/
Signature
MY COMMISSION EXPI
ARYSEAL
PENN! Sl'ROUD
Nar.uY PUBLIC Sl'ATE OF FLOJUDA
CC>MMJSSION NO. Dm690t6
MY COMMIl!!!!ON EXP. DEe,
t
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.....:--.......,.:'.....""..:."".......:a.__.:.=-a..,...,::I:..'_.:...._...._" ..11l1..._...,"'....',.'~,' "...1.1""."....'...
CHECK DATE
02/11/03
STEARNS WEAVER Mll..LER WEISSLER
ALHADEFF & SITI'ERSON, P,A,
ATTORNEYS AT LAW
MIAMI, FlORIDA
83-11211880
CHECK'
8562
Not valid after 90 days
BANK OF AMERICA
MIAMI, FLORIDA
CHECK AMOUNT
$ I 8,000,00 I
*** EIGHT THOUSAND DOLLAR AND no CENTS
r',;
i:"i;' ,,;LCUHi',y Ci':J',YUHi'S :Nt, r.!~;'i'U c.~:',.,\;;.,"': r)" j",
PAY City of Miami Beach
TO THE
ORDER OF
Ilia 5 E. 2111
':0 E. j ~OO 277.: 000 a 2 200 2ao ~II
SA TISF ACTION OF LIEN
CASE NUMBER: JB980261
SPECIAL MASTER
CITY OF MIAMI BEACH. FLORIDA
KNOW ALL MEN BY THESE PRESENTS:
THAT, CITY OF MIAMI BEACH, FLORIDA, HEREINAFTER CALLED LIENOR, OWNER AND HOLDER OF A
CERTAIN CLAIM OF LIEN FILED BY CITY OF MIAMI BEACH, FLORJDA AGAINST THE PROPERTY DESCRJBED BELOW IN
MIAMI-DADE COUNTY, FLORIDA AND RECORDED ON 06/0111999, IN OFFICIAL RECORDS BOOK 18631 , AT PAGE
0722 ; AFFIDAVIT OF NONCOMPLIANCE RECORDED ON 06/0111999, IN BOOK 18631 . AT PAGE 0723 , IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA TO WIT:
HARDING TOWNSITE PB 34-4 LOT I BLK 2 LOT SIZE 50.000 X 150
NKJA: 7474 COLLINS AVMBCH
CHASE FEDERAL & LOAN ASSOC.
CHASE FEDERAL SAVINGS & LOAN ASSOCIATE
DOES HEREBY RELEASE SAID CLAIM OF LIEN AND SURRENDERS SAID CLAIM OF LIEN AS CANCELLED AND HEREBY
DIRECTS THE CLERK OF THE CIRCUIT COURT TO CANCEL THE SAID CLAIM OF LIEN OF RECORD.
WITNESS MY HAND AND SEAL THIS DATE OF 02-14.2003.
CITY OF/lIAMI BEACH f
BY: f1iLutf /V tt~v---'
ROBERT E. PARCHER, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORJDA 33139
(305) 673.74 I I
Settlement agreement-Res#2002-25049-KH
STATE OF FLORJDA
COUNTY OF MIAMI.DADE
I HEREBY CERTIFY THAT ON THIS DAY, BEFORE ME, AN OFFICER DULY AUTHORJZED TO ADMINISTER
OATHS AND TAKE ACKNOWLEDGMENTS, PERSONALLY APPEARED ROBERT E. PARCHER, PERSONALLY KNOWN TO ME
TO BE THE PERSON WHO EXECUTED THE FOREGOING INSTRUMENT, WHO ACKNOWLEDGED BEFORE ME THAT HE
EXECUTED THE SAME, AND THAT AN OATH WAS NOT TAKEN.
WITNESS MY HAND AND OFFICIAL SEAL IN THE COUN Y
02-14-2003.
OFFICIAL N01'ARY SEAL
KERRY HERNANDEZ
NOTARY PlJllUC STATE OF FLORIDA
COMMISSION NO. cC832l106
MY COMMlSSION EXP. MAY 3.2003
flBDOC-ll91