C7C-Approve Settlement For City Liens On Property Owned By Museum Walk ApartmentCOMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF $15,000.00
FOR CITY LIENS ON PROPERTY OWNED BY MUSEUM WALK APARTMENTS, LLC,
LOCATED AT 2315 PINE TREE DRIVE, 2335 PINE TREE DRIVE, 2365 PINE TREE
DRIVE, 320 24TH STREET, 2370 FLAMINGO DRIVE, AND 2380 FLAMINGO DRIVE, IN
THE ORIGINAL AMOUNT OF $256,918.20, AND FURTHER AUTHORIZING THE CITY
MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND SETTLEMENT
Ke Intended Outcome Sup orted:
(Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and
consistenc of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving this settlement
a reement?
Item Summary/Recommendation:
Museum Walk Apartments, LLC is the owner of the following properties in Miami Beach:
2315 Pine Tree Drive, 2335 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive,
320 241h Street, 2370 Flamingo Drive, and 2380 Flamingo Drive. Since 1998 the City of
Miami Beach has recorded numerous liens against these properties and all other properties
currently owned by Museum Walk.
On January 28, 2009, Resolution No. 2009-26990 was signed, which approved the
settlement on three properties owned/controlled by Alan Lieberman, including 2315 Pine
Tree Drive. The then existing lien on 2315 Pine Tree Drive was in the amount of
$229,715.16, and with Commission approval, was settled for $3,000.00.
The recommendation of the Commission could not be implemented until all violations had
been brought into compliance and were resolved by the Commission at a closed executive
session.
In light of the prior settlement discussions and the age of the liens, it is recommended that
these liens be settled in the amount of $15,000.00, as part of a global settlement.
Advisory Board Recommendation:
Financial Information:
Source of l I Amount I Account
Funds: 1'--=-_ _,_I ___ -.LI ________________ --l
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department
Director
MIAMIB
Assistant City Manager
j
CH 229
JMG
City Manager
AGENDA ITEM
DATE
C7C
3-:J.!-12
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 ommission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 2.t, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF
$15,000.00 FOR CITY LIENS ON PROPERTY OWNED BY MUSEUM WALK
APARTMENTS, LLC, LOCATED AT 2315 PINE TREE DRIVE, 2335 PINE TREE
DRIVE, 2365 PINE TREE DRIVE, 320 24TH STREET, 2370 FLAMINGO DRIVE, AND
2380 FLAMINGO DRIVE, IN THE ORIGINAL AMOUNT OF $256,918.20, AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN
RELEASE AND SETTLEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
Museum Walk Apartments, LLC ("Museum Walk") is the owner of the following properties: 2315
Pine Tree Drive, 2335 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive, 320 241h
Street, 2370 Flamingo Drive, and 2380 Flamingo Drive, Miami Beach, Florida, (the "Properties").
The Properties were united by way of a Unity of Title recorded on February 22, 2011 in Official
Records Book 27596, at Page 4471 of the Public Records in Miami-Dade County, Florida
In its governmental and regulatory capacity, the City of Miami Beach recorded numerous liens, in
the public records of Miami-Dade County, Florida. These liens related back to violations dating
back to as far as 1998. These liens attach to all real property currently owned by Museum Walk.
In 2007, then Assistant City Manager met with Alan Lieberman's designee to discuss settlement
of all existing liens on various properties owned by Alan Lieberman, including two properties
which are now part of the Museum Walk properties. However, during these discussions, it
became apparent that a full settlement could not be reached, since additional violations were
found on the Properties.
A portion of these liens were resolved and the issue of settlement was brought before the
Commission in January, 2009. On January 28, 2009, Resolution No. 2009-26990 was signed,
which in relevant part, approved the settlement on three properties owned/controlled by Alan
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Lieberman, including 2315 Pine Tree Drive. The then existing lien on 2315 Pine Tree Drive was
in the amount of $229,715.16, and with Commission approval, was settled for $3,000.00.
The subsequent violations that prevented the recommendation to the Commission have been
brought into compliance and are the subject of resolution by the Commission at a closed
executive session.
In light of the prior settlement discussions and the age of the liens, it is recommended that these
liens, while significant in total, be settled in the amount of $15,000.00, as part of a global
settlement.
ADIMINISTRA TION RECOMMEDATION
Adopt the Resolution authorizing the City Manager to execute any and all documents necessary
to complete such lien release and settlement.
2
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RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT IN THE AMOUNT OF $15,000.00 FOR CITY
LIENS ON PROPERTY OWNED BY MUSEUM WALK
APARTMENTS, LLC, LOCATED AT 2315 PINE TREE DRIVE,
2335 PINE TREE DRIVE, 2365 PINE TREE DRIVE, 320 24TH
STREET, 2370 FLAMINGO DRIVE, AND 2380 FLAMINGO
DRIVE, IN THE ORIGINAL AMOUNT OF $256,918.20, AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE
SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND
SETTLEMENT.
WHEREAS, the properties located at 2315 Pine Tree Drive, 2335 Pine
Tree Drive, 2365 Pine Tree Drive, 320 24th Street, 2370 Flamingo Drive, and
2380 Flamingo Drive, Miami Beach, Florida (the "Properties") have accumulated
fines, in the amount of $256,918.20; and
WHEREAS, the Properties are owned by Museum Walk Apartments, LLC
and the individual parcels have been united by way of a Unity of Title recorded
on February 22, 2011 in Official Records Book 27596, at Page 4471 of the Public
Records in Miami-Dade County, Florida; and
WHEREAS, the Properties have outstanding liens for building code
violations and code compliance violations in the amount of $256,918.20; and
WHEREAS, in review of the history and nature of the violations, the
amount of the liens accumulated exceed the appropriate penalty; and
WHEREAS, the payment of $256,918.20 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 $15,000.00 settlement amount
for these Properties as a penalty more in keeping with the nature of the
violations.
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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
$15,000.00 for the City liens on property owned by Museum Walk Apartments,
LLC, located at 2315 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree
Drive, 320 24th Street, 2370 Flamingo Drive, and 2380 Flamingo Drive, in the
original amount of $256,918.20, 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 __ day of ______ , 2012.
ATTEST:
CITY CLERK
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MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION'"
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