HomeMy WebLinkAbout2005-25979 Reso
RESOLUTION NO. 2005-25979
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING
THE CITY ADMINISTRATION TO DESIGNATE A LIAISON,
FOR THE SOLE PURPOSE OF PROVIDING INFORMATION
RELATIVE TO THE BUILDING AND FIRE CODE
VIOLATIONS ISSUED AGAINST THE PROPERTY, TO THE
RESIDENTS OF THE CASTLE BEACH
HOTEUCONDOMINIUM; PROVIDED FURTHER THAT, IN
THE EVENT THE RIGHT TO INTERVENE IN THAT CERTAIN
LAWSUIT STYLED FA SWAG, LLC V. CASTLE BEACH
CLUB CONDOMINIUM ASSOCIA TION, INC., ET AL., IS
GRANTED BY THE COURT, SUPPORTING THE
INTERVENORS' (CONSISTING OF UNIT OWNERS AT THE
CASTLE BEACH) REQUEST THAT THE INTERVENORS,
INCLUDING THEIR COUNSEL AND A DESIGNATED
REPRESENTATIVE, SHOULD HAVE THE RIGHT TO
ATTEND ALL MEETINGS BETWEEN THE CITY, THE
RECEIVER AND THE APPLICABLE ENGINEERS
REGARDING THE CASTLE BEACH HOTEUCONDOMINIUM.
WHEREAS, the Castle Beach Hotel/Condominium, located at 5445 Collins Avenue,
was issued several life safety code violations and was subsequently closed on April 14,
2005; and
WHEREAS, there is ongoing litigation between various property owners of the
Castle Beach Hotel/Condominium; and
WHEREAS, on April 15, 2005, the Court-appointed Receiver, Robert Stone, was
given full authority to make all decisions regarding the building, and the Castle Beach
Board of Directors was enjoined from further decision-making;
WHEREAS, approximately 130 unit owners have a pending motion to intervene
before Judge Schumacher in the case styled Faswaq, LLC v. Castle Beach Club
Condominium Association. Inc. et aI., Case No. 03-19440 CA 09 currently set for hearing
on Tuesday, August 2, 2005; and
WHEREAS, at its regular meeting on July 27, 2005, the Mayor and City
Commission held a discussion item with regard to the aforestated issues.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby direct the City Administration to
designate a liaison, for the sole purpose of providing information relative to the building and
fire code violations issued against the property, to the residents of the Castle Beach
Hotel/Condominium; providing further that, in the event the right to intervene in that certain
lawsuit styled FaswaQ, LLC v. Castle Beach Club Condominium Association, Inc., et aI., is
granted by the Court, supporting the intervenors' request that the intervenors, including
their counsel and a designated representative, should have the right to attend all meetings
between the City, the Receiver and the applicable engineers regarding the Castle Beach
Hotel/Condominium.
PASSED and ADOPTED this 27th day
,2005.
A~ f~~
CITY CLERK
David Dermer
Robert Parcher
APPROVED AI 10
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