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Home My WebLink About2006-26287 Reso RESOLUTION NO. 2006-26287 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A CITY LIEN ON REAL PROPERTY LOCATED AT 6600 COLLINS AVENUE, MIAMI BEACH, FLORIDA, OWNED BY 6600 COLLINS LLC AND LEASED BY KONING RESTAURANTS INTERNATIONAL, L.C. (PIZZA HUT), RESULTING FROM SPECIAL MASTER CASE NO. JB04000224; PROVIDING THAT THE LIEN, IN THE AMOUNT OF $173,989.24, PLUS INTEREST, BE SETTLED FOR THE AMOUNT OF $10,000.00 AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASES AND SETTLEMENT SUBJECT TO THE APPROVAL OF THE SPECIAL MASTER. WHEREAS, the property located at 6600 Collins Avenue has accumulated a lien, in the amount of $173,989.24, plus interest; and WHEREAS, the specific portion of this property that is the subject of the lien is the Pizza Hut, which is a lessee for a portion of the subject property identified as 6602 Collins Avenue; and WHEREAS, the original violation was issued in February 2004, for failure to obtain a Final Certificate of Occupancy; and WHEREAS, records indicate that the actual time of non-compliance was between thirty (30) and sixty (60) days; and WHEREAS, the Administration recommends full and final settlement of said lien, in the amount of $10,000.00. 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 hereby approve a settlement for an outstanding City lien at the property located at 6600 Collins Avenue, in the original amount of $173,989.24 (Special Master Case No. JB04000224/Building Violation No. BV04000241, recorded on September 29, 2004, at Book 22689, Page 2364), for $10,000.00, in full settlement of this lien; and further authorizing the City Manager to execute any and all necessary documents to complete such lien releases and settlement subject to the approval of the Special Master. PASSED and ADOPTED this 6th day of S ,2006. ;~ P a,diu-" CITY CLERK Robert Parcher F :\cmgr\$ALL \BOB\KoningRest(PizzaHut)6600CollinsAvel ienreso.doc APPROVED AS TO FORM & LANGUAGE & FO CUTION ~ Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the settlement of a City Lien at 6600 Collins Avenue leased by Koning Restaurants International (Pizza Hut) providing that the lien in the amount of $173,989.24 plus interest be settled for the amount of $10,000.00. Ke Intended Outcome Su orted: Increase resident satisfaction with the level of Code Enforcement. Issue: Shall the City Commission approve the settlement of a City Lien on real property leased by Koning Restaurants International, L.C. Pizza Hut? Item Summary/Recommendation: The property at 6600 Collins Avenue has accumulated a lien in the amount of $173,989.24. The specific portion of this property that is the subject of the lien is the Pizza Hut which is a Lessee for a portion of the subject property identified as 6602 Collins Avenue. In April 2006, the property owner provided to the Pizza Hut and their parent Company, Koning Restaurants International, L.C. permission to deal with the City in the mitigation of the outstanding lien associated with the property renovation. It appears as if the actual time of non-compliance was between thirty and sixty days. Utilizing the Special Master fine for this time period of non-compliance, the appropriate violation amount of approximately $10,000.00. It is recommended that the Mayor and members of the City Commission approve a settlement for the Pizza Hut at 6602 Collins Avenue, owned and operated by Koning Restaurants International, L.C. from the amount of $173,989.24 to an amount of $10,000.00 as being more appropriate to the circumstances and time of non-compliance for said property. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: D OBPI Financial Impact Summary: Ci Clerk's Office Le islative Trackin Robert C. Middaugh ity Manager F :\cmgr\$ALL \BOB\KoningRest(Pizza Hut)6600CollinsAveliensum.doc m ..... MIAMI BEACH AGENDA ITEM DATE C7G- r -6...()c;' & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~\ ~Mb q DATE: September 6,2006 -- SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF A CITY LIEN ON REAL PROPERTY LOCATED AT 6600 COLLINS AVENUE, MIAMI BEACH, FLORIDA, OWNED BY 6600 COLLINS LLC AND LEASED BY KONING RESTAURANTS INTERNATIONAL, L.C. (PIZZA HUT), RESULTING FROM SPECIAL MASTER CASE NO. JB04000224 AND PROVIDING THAT THE LIEN IN THE AMOUNT OF $173,989.24 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $10,000.00. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL YSIS The property at 6600 Collins Avenue has accumulated a lien in the amount of $173,989.24. The specific portion of this property that is the subject of the lien is the Pizza Hut which is a Lessee for a portion of the subject property identified as 6602 Collins Avenue. The violations for the Pizza Hut were issued in 2004 and were associated with the renovation of the property at that time. Specifically, the property owner and their contractor failed to obtain a final Certificate of Occupancy. A significant duration of time has passed from 2004 to the present as the Pizza Hut and the . property owner 6600 Collins, LLC, engaged in legal disputes that ultimately required court inteNention to ascertain lease responsibilities and in order for Pizza Hut to be granted permission to deal with the lien on behalf of the property owner. In April 2006, the property owner provided to the Pizza Hut and their parent Company, Koning Restaurants International, L.C. permission to deal with the City in the mitigation of the outstanding lien associated with the property renovation. Subsequent to the letter authorizing Koning Restaurants International, L.C. to address the lien, several meetings were held with the Lessee to establish efforts that they had undertaken to achieve compliance with the outstanding violation. Both as part of the discussion and review of the Lessee's records and City records, it appears as if the actual time of non-compliance was between thirty and sixty days. Utilizing the Special Master fine for this time period of non-compliance, the appropriate violation amount is approximately $10,000.00. The Pizza Hut owner and operator have agreed that $10,000.00 is a fair amount and to pay said amount upon approval by the City Commission in settlement of the outstanding lien on the property. It is recommended that the Mayor and members of the City Commission approve a settlement for the Pizza Hut at 6602 Collins Avenue, owned and operated by Koning Restaurants International, L.C. from the amount of $173,989.24 to an amount of $1 0,000.00 as being more appropriate to the circumstances and time of non-compliance for said property. JMG\RCM\sam F:\cmgr\$ALL \BOB\KoningRestauranls(PizzaHut) 6600CollinsAveliencomm.doc SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION PROPERTY ADDRESS: 6600 Collins Avenue, Miami Beach, Florida PROPERTY OWNER: 6600 Collins LLC. (Koning Restaurants International, L.C. (Pizza Hut) Lessee, Designated Agent for 6600 Collins LLC) CASE NUMBER(S): Special Master Case #JB04000224 NATURE OF LIEN(S): Building Violation LIEN AMOUNT(S): $173,989.24 LEGAL DESCRIPTION: 2"d OCEAN FRONT SUB PB 28-28 LOTS 27-28 LESS NSFT LOT 28 & LOTS 37-38 BLK 7 LOT SIZE 34545 SQ FT OR 18522-4030 0399 6 (3) ABE RESNICK TR Y & S ROWE MOTEL INC OR 11663-854 0183 1 LIEN RECORD BKPG: Book 22689, Page 2364 Pursuant to the authority vested in the City Charter to enter into Settlement Agreements for liens against property filed by the City of Miami Beach, this Settlement Agreement is entered into with 6600 Collins LLC, (Koning Restaurants International, L.C. (Pizza Hut), Lessee and designated agent for 6600 Collins LLC), the property owners at 6600 Collins Avenue, Miami Beach, Florida, to settle and provide for the release of the lien(s) as indicated herein. The City Clerk of the City of Miami Beach is hereby directed and authorized to release the above referenced lien(s) imposed upon the real property at 6600 Collins Avenue, Miami Beach, Florida, pursuant to conditions herein and as described herein. Condition(s) of Settlement: This lien in the amount of $173,989.24 is settled in consideration of receipt of $10,000.00 (per the attached Resolution) receipt of which is hereby acknowledged. The property owner warrants that subject property is in compliance with City Codes. orge M. o alez City Manager ~-- ..~~~ ~ L Robert CG. Iiddaugh ~ -'~ Assistant City Mana~ez./// q-~.I -0 6 Date -s---od Date AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION I have read this SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION, regarding 6600 Collins Avenue, Miami Beach, Florida, Special Master Case Number JB04000224 and lien amount of $173,989.24 and I understand and agree to its terms and have executed same for its purposes herein stated. Accepted by: / C ~`'~ •. Designated Agent for 6600 Collins LLC, Koning Restaurants International, L.C., Lessee STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADS ) The foregoing instrument was acknowledged before me this ~~ ~~day of 2006, by ~ / ~, ~ ~ ~ 3fi'~C~ / nr.S ,who has produced ge~,'his d ver's license as identification and who d~did not take an oath. ~ T 7'1 MY COMMISSION ~RES: N RY PUBL ,STATE OF FLORIDA ~i \`~~~~~~P~uP E C. Rq~~i4i F-+.;• Cr "~ `n ; •c = _ * ' •- • a - PRINT NAME: '- rip 353671 ; o= 2 ~~ Konin~ ~~ Restauran s International 1000 Park Centre Blvd Miami, FL 33169 DATE CHECK NO. wacnovia 9/18/06 02062043 Jackson~~ue FL 32256 63-643!670 AMOUNT * ~' * 10,000.00 SAY Ten Thousand Dollars and 00 Cents Koning Restaurants International CITY OF MIAMI BEACH ToTNE 1700 CONVENTION CENTER DR. onoER MIAMI BEACH FL 33139- OF THORRED SIGNATURE l Security featuies~ on the fare of thip; Chem ;: i a.=., colnmrl h,-u ~~ eanul ~md ,i mi<-n p.',n1 lover-~ ~xirder imE, The i~:v~~r~ i; f, has..~n ~rtiticiul waterm.uG. tlolrl d! a'+.+nr)ie ID vwvd. 11'0 20 6 20 4 311' 1:06 70064 3 21:20000 ~6 ~6 L4 2311' Koning Restaurants International VENDOR NO. 483 DATE 9/ 18/06 CHECK NO. 02062043 DATE INVOICE REFERENCE INVOICE AMOUNT DISCOUNT NET AMOUNT 9119/06 00233512 INV #1-55701REQ 10,000.00 .00 10,000.00 483 CITY OF MIAMI BEACH ~ 00000000 1028464