2003-25163 Reso
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RESOLUTION NO. 2003-25163
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
SETTLEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE CONDOMINIUM ASSOCIATION INC. REPRESENTING THE
BAY DRIVE CONDOMINIUM LOCATED AT 6881 BAY DRIVE
WHICH SHALL PROVIDE FOR A $13,800.00 PAYMENT TO THE
CITY OF MIAMI BEACH IN FULL SETTLEMENT OF THE
OUTSTANDING LIENS IN THE AMOUNT OF $259,803.95.
WHEREAS, liens have been assessed to the property at 6881 Bay Drive
in the City of Miami Beach, known as the Bay Drive Condominium and operating
as Condominium Association, Inc.; and
WHEREAS, liens in the amount of $259,803.95 were accrued as a result
of non-compliance with the forty (40) year building recertification requirements of
the City of Miami Beach; and
WHEREAS, a series of non-responsive management companies received
the Notice of Violations from the City, thereby delaying the condominium
association's ability to comply with the City's Notice of Violation; and
WHEREAS, upon constructive Notice of the Violations, the condominium
association pursued compliance; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that in
light of the extenuating circumstances for the liens imposed on the property at
6881 Bay Drive in the amount of $259,803.95 for Special Master Case JB990144
a settlement for the outstanding liens in the amount of $13,800 is hereby
approved and that the City Manager and City Clerk are hereby directed to
effectuate the release of said liens and to execute any and all documents
attendant to said release upon acceptance of the settlement amount.
PASSED and ADOPTED this 9t da 0
,2003.
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City Clerk
baydrivecondoreso
df'-~7"'03
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SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION
CASE NUMBER(S): JB990144
LIEN AMOUNT:
JB990144 = $259~803.95
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 Bay Drive Condominium
Association, Inc. located at 6881 Bay Drive, Miami Beach, Florida, to settle and provide for the
release of lien indicated herein.
The City Clerk of the City of Miami Beach is hereby directed and authorized to release the liens
for property at 6881 Bay Drive, Miami Beach, Florida, pursuant to conditions herein and as
described herein.
Condition of Settlement:
This lien is settled in consideration of receipt of$13,800 payable by cashier's check to the City of
Miami Beach.
Subject to the approval of the Special Master.
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Date
APPROVED AS '.0
fORM & l.A.~UAGE
& FOR EXECUnON
"-/7-03
Date
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Accepted by:
Bay Drive Condo nium AssocIation, Inc. /i\ut orized Property Representative
I have read this Agreement, SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION,
case number and lien amount: JB990144 $259,803.95 understood its terms, have had the benefit
of counsel and have executed same for its purposes herein stated.
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this '1 day of ~C\.\
2003, by P ^ iI, .b D, K..n a. J::> JO , who has produced his driver's license as identifi ation
and who did/did not take an oath. ' , .\(SlO - ~~4. -5t{ - (:t q-o
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l-{~.~ EXPIRES: February 15, 2007
~...,,~,. Bonded ThIu NoIary PIiJIIc UndIlWriterI
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MY COMMISSION EXPIRES:
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution approving a settlement between the City of Miami Beach and the Condominium Association,
Inc. aka the Bay Drive Condominium located at 6881 Bay Drive which shall provide for a $13,800.00
a ment to the Ci of Miami Beach in full settlement of the outstandin liens in the amount of $259,803.95.
Issue:
Shall the City enter into a settlement with the Condominium Association Inc. aka the Bay Drive
Condominium located at 6881 Bay Drive?
Item Summary/Recommendation:
The property was cited in 1998 for non-compliance with the forty (40) year building recertification
procedures followed by the City. Notices of the recertification violations were sent to a series of
management companies which changed several times from the original notice. In late 2000, the resident
board became aware of the violations and corrective actions were taken. Fines accrued during their efforts
to correct violations given the delays caused by the past management companies. Upon completion of
repairs, the condominium association expended between $12,000-$15,000. In light of the minor nature of
the violations, a settlement of this lien is recommended in the amount of $13,800. Approval of the
settlement is recommended.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
.
D 2
3
4
Finance Dept Total
Ci Clerk's Office Le islative Trackin
Robert C. Middaugh
Si n-Ofts:
Department Director
baydrcondosum
Manager
City Manager
AGENDA ITEM C 7c..
DATE ~ 1-(73
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
m
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~.~
City Manager d .- 0
Date: April 9, 2003
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE CONDOMINIUM ASSOCIATION
INC. REPRESENTING THE BAY DRIVE CONDOMINIUM LOCATED AT
6881 BAY DRIVE WHICH SHALL PROVIDE FOR A $13,800.00 PAYMENT
TO THE CITY OF MIAMI BEACH IN FULL SETTLEMENT OF THE
OUTSTANDING LIENS IN THE AMOUNT OF $259,803.95.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Bay Drive Condominium is a twenty-three (23) unit structure located at 6881 Bay
Drive in the City of Miami Beach. At the present time, the property has liens outstanding in
the amount of $259,803.95.
The property was cited in 1998 for non-compliance with the forty (40) year building
recertification procedures followed by the City.
Notices of the recertification violations were sent to a series of management companies
which changed several times from the original notice and failed to notify the resident board.
The resident board became aware of the recertification violations late in 2000, at which
point, corrective actions were undertaken by the board members to comply with the City's
Notice of Violation. By the time the residents became aware of the violations, fines had
already started to accrue. The recertification violations were not significant in nature.
Compliance was not achieved for a period of a year as appropriate signatures and seals
were not evident on the engineer reports submitted to the City in the effort to comply.
Upon completion of repairs, the condominium association expended between $12,000-
$15,000.
In light of the minor nature of the violations and the effort to comply upon being made
aware of the violations, a settlement in this lien is recommended in the amount of $13,800.
This amount represents a $600.00 per unit payment for which the condominium
association has agreed to levy a special assessment that will be paid to the City in mid
April 2 3.