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2007-26453 Reso RESOLUTION NO. 2007-26453 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 4251 NORTH BAY ROAD, MIAMI BEACH, FLORIDA, OWNED BY WALTER RUSNIACZEK RESULTING FROM SPECIAL MASTER CASE NOS. JC03000519, JC05000204 AND JC06000295; PROVIDING THAT THE LIEN, IN THE AMOUNT OF $356,495.87, PLUS INTEREST, BE SETTLED FOR THE AMOUNT OF $36,495.86 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 4251 North Bay Road has accumulated liens, in the amount of $356,495.87, plus interest; and WHEREAS, the Code Compliance history with this property dates back to December 2002, at which time the property owner was cited for having a tractor trailer unit illegally in the front yard which was brought into compliance in October 2005 and has accumulated a lien in the amount of $318,163.89; and WHEREAS, the property has also accumulated a lien in the amount of $5,524.90 for extended non-compliance associated with excessive weed and grass overgrowth on the property; and WHEREAS, the property has a lien in the amount of $31,907.88 for illegally storing a boat in the front yard of the property; and WHEREAS, the Administration recommends full and final settlement of said liens, in the amount of $36,458.86. 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 liens at the property located at 4251 North Bay Road, in the original amount of $356,495.87 (Special Master Case No. JC03000519, recorded on July 30, 2003, at Book 21468, Page 3386, and JC03000519, recorded on February 17, 2005, at Book 23092, Page 3531, and JC05000204, recorded on December 19, 2005, at Book 24062, Page 4252, and JC06000295, recorded on June 16, 2006, at Book 24639, Page 1756 ) for $36,458.86, in full settlement of these liens; and further authorizing the City Manager to execute any and all necessary documents to complete such lien lea s and settlement subject to the approval of the Special Master. PASSED and ADOPTED this 14th day of eb u ,2007. A TTfJ1: L n ~1J;l<1 r tLtdv-- ... CITY CLERK Robert Parcher F:\cmgr\$ALL \BOB\rusniaczeklien4251 NoBayRdreso.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the settlement of a City Lien at 4251 North Bay Road owned by Walter Rusniaczek rovidin that the lien in the amount of $356,495.87 Ius interest be settled for the amount of $36,458.86. Ke Intended Outcome Sup 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 owned by Walter Rusniaczek? Item Summary/Recommendation: The residential property at 4251 North Bay Road owned by Yvette Rusniaczek and occupied by her father, Walter, has accumulated a total of outstanding Code Liens and City Bills in the amount of $356,495.87. Of the $356,495.87 total, $899.20 are outstanding City Bills for utilities and removal of illegal green waste on the property and $355,596.67 is the total of liens for three separate Code violations on the property. The Code Compliance history with this property dates back to December 2002, at which time the property owner was cited for having a tractor trailer unit illegally in the front yard of the property. Eventually, the property was brought into compliance in October 2005. Fines for this specific Code Violation have accumulated to the total of $318,163.89. The property has also accumulated a lien in the amount of $5,524.90 for extended non-compliance associated with excessive weed and grass overgrowth on the property and bushes obstructing the sidewalk. The property also has accumulated a lien in the amount of $31 ,907.88 for illegally storing a boat in the front yard of the property. The settlement offer for the property owner has been extended in the amount of $36,458.86. For most residential property owners this amount would constitute a large payment for violations. In this circumstance, where there is multi-year non-compliance history with a less than cooperative property owner and repeat violations, the settlement amount is fair and appropriate. The property in question has already been sold and the City has received a check in the amount of $36,458.86 from the closing escrow account in order to satisfy the outstanding liens. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 I I 2 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Robert C. Middaugh Si n-Offs: Department Director City Manager F :\cmgr\$ALL \BOB\Rusniaczeklien4251 NoBayRdsu m -..v MIAMI BEACH AGENDA ITEM DATE C 7E- ;2"11(-07 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager \ ~ February 14, 2007 U TO: DATE: 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 4251 NORTH BAY ROAD, MIAMI BEACH, FLORIDA, OWNED BY WALTER RUSNIACZEK, RESULTING FROM SPECIAL MASTER CASE NOS. JC03000519, JC05000204 AND JC06000295 AND PROVIDING THAT THE LIEN IN THE AMOUNT OF $356,495.87 PLUS INTEREST BE SETTLED FOR THE AMOUNT OF $36,458.86. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The residential property at 4251 North Bay Road owned by Yvette Rusniaczek and occupied by her father, Walter, has accumulated a total of outstanding Code Liens and City Bills in the amount of $356,495.87. Of the $356,495.87 total, $899.20 are outstanding City Bills for utilities and removal of illegal green waste on the property and $355,596.67 is the total of liens for three separate Code violations on the property. The Code Compliance history with this property dates back to December 2002, at which time the property owner was cited for having a tractor trailer unit illegally in the front yard of the property. This citation constitutes the largest of the liens. Eventually, the property was brought into compliance in October 2005. During the Code Enforcement efforts on this property, a number of Special Master Hearings were conducted and because of extended non-compliance, the Special Master increased the running fine for violation per day from $200.00 to $500.00. Ultimately, fines for this specific Code Violation have accumulated to the total of $318,163.89. The property has also accumulated a lien in the amount of $5,524.90 for extended non- compliance associated with excessive weed and grass overgrowth on the property and bushes obstructing the sidewalk. The property also has accumulated a lien in the amount of $31,907.88 for illegally storing a boat in the front yard of the property. Attached please find a letter of settlement offer on behalf of the City relative to the various outstanding charges and liens on the property at4251 North Bay Road. The settlement was extended after a request for mitigation was made by the property owner. As noted in the letter, the magnitude of the lien settlement requires the affirmative approval of the City Commission for the largest liens, and as there is also an active Special Master Case; the Special Master must also sign off on the overall settlement offer. Subsequent to City Commission approval at the February 14th City Commission Meeting, the settlement offer will be presented to the Special Master for his ratification. It is our expectation that in this matter in which the City has jointly agreed with the property owner to the settlement amount and recommends such to the Special Master, that the Special Master will approve of his portion of the settlement. In the event the Special Master has reservations or any problems associated with approving the settlement agreement, the matter can be returned to the City Commission at a subsequent meeting to address any such concerns. The settlement offer for the property owner has been extended in the amount of $36,458.86. For most residential property owners this amount would constitute a large payment for violations. In this circumstance, where there is multi-year non-compliance history with a less than cooperative property owner and repeat violations, the settlement amount is fair and appropriate. The property in question has already been sold and the City has received a check in the amount of $36,458.86 from the closing escrow account in order to satisfy the outstanding liens. It is recommended that the members of the City Commission approve the settlement amount for outstanding liens and City Bills for the property at 4251 North Bay Road in the amount of $33,268.08 ($899.20 in full payment of City Bills and $32,368.88 for two outstanding Code Liens) and recommend to the Special Master settlement of the remaining lien of$31 ,907.88 in the amount of $3,190.78. The $3,190.78 settlement for the Special Master case is proportionate to the City Commission settlement amount. The total lien settlement will reduce all outstanding bills and City liens from the total of $356,495.87 to the total settlement amount of $36,458.86. JMG\RCM\sam F :\cmgr\$ALL \BOB\Rusniaczeklien4251 NoBayRdcommemo.doc Attachment 2 m - , \ '\' B-'-ACi j t"- /'. ~ / " i \ i.' a.- 'f"'" . i '-. I \ I f--\ J \! \ I L I I ; '1 ; Ii \ I . , City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wwwmiomibeochfl.gov Jorge M. Gonzalez, City Manager Tel: 305-673.7010, Fax: 305.673.7782 November 2, 2006 Mr. Walter Rusniaczek 4251 North Bay Road Miami Beach, Florida 33140 Dear Mr. Rusniaczek: On October 1 , 2006, I attempted to telephone your home to discuss a settlement offer for the outstanding liens on your property at 4251 North Bay Road. As I was not able to reach you, r am extending the settlement offer in this letter. After review of the case file notes, the nature of the violations on your property and the length of time for which there was non-compliance, the City is prepared to extend the following settlement offer for resolution of the outstanding liens. An outstanding waste and storm water charge of $446.11 must be paid in full. An outstanding City Bill for removal of illegal green wastes on your property in the amount of $453.09 must be paid in full. Of the three (3) Code liens on your property, the City will offer to settle the 2003 and 2005 liens which total $323,688.80 for a 10% payment to the City of Miami Beach of $32,368.88. The total settlement offer for the previous items is $33,268.08. You also have an outstanding fine on your property from calendar year 2006 which is still in the jurisdiction of the Special Master of the City of Miami Beach. The City will advise the Special Master at a hearing of our settlement offer for the other items on your property and will agree, subject to the Special Master's approval, to accept similar terms on the final remaining Code Lien #JC06000295. In the event that this lien in the amount of $31 ,907.88 is approved for settlement by the Special Master, the payment for that lien would be $3,190.78. The total for the settlement for all outstanding liens pending approval of the Special Master would be $36,458.86. As you have been a repeat offender, we will also include a provision in the settlement that in the event of another violation your property will automatically be subject to a $50,000 lien. As the amount of the proposed settlement exceeds the Administrative limit that I may resolve, the settlement offer for all items which are not within the Special Master's jurisdiction must also receive the approval of the City Commission at their regularly scheduled meeting. Please advise me if these terms are accepted and if there is coordination that the City must undertake with any financing or real estate professionals that may be involved in transactions on the subject property. If you have any questions, please feel free to call me. Sincerely, ~~;.,J,.+jri]~' ~ Robert C. Middaugh " Assista':lt City Manager RCM\sam F:\cmgr\$ALL \B08\rusniaczek4251 nobayrdllr.doc C: Jorge M. Gonzalez, City Manager David Dermer. Mayor 0705202-1 0062 02/21/2007 001 4 ecial Mast2f JC03000519 $36,458.86 (9 MIAMI BEACH (..;J ex) 7 - d if,? L(.C; 3> City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov SPECIAL MASTER Phone: (305)673-7181, Fax: (305)673-7182 RECEIPT RECEIPT NUMBER: R010184011 ACCOUNT #: 011.8000.354002 SPECIAL MASTER CASE #: JC03000519 SITE ADDRESS: 4251 N BAY RD MBCH PARCEL: 3222-011-1450- CODE VIOLATION #: CE03000804 TRANSACTION DATE: 02/20/2007 TOTAL PAYMENT: 36,458.86 TRANSACTION LIST: Type Method Description Amount Payment Check 49538 36,458.86 NOTATION: COMMISSION RESO 2007-26453 ISSUED BY: DATE: CLERMARL 02/20/2007 LRM 03:28 PM ~ TU~'fi:Y TURNKEY TITLE ESCROW ACCOUNT 3696 N FEDERAL HIGHWAY, #300 FORT LAUDERDAlE. FL 33308 (954) 745-3500 cmBANK, N.A. BR. '522 FT. LAUDERDALE, FL 33394 63-476-670 GF TT06-14031A PAY TO THE ORDER OF City of Miami Beach Finance Deparment Thirty Six Thousand Four Hundred Fifty Eight and 86/100.... City of Miami Beach Finance Deparment 1700 Convention Center Drive Miami Beach, FL 33139 MEMO _~( 0.30Cff;. \ c; III 0 ~ ~ 5 :\8 1111 I: 0 b ? 0 0 ~ '7 b ~ I: TURNKEY TITLE ESCROWIAeCOUNT Buyer: Seller: Property Address: 4251 North Bay Road Miami Beach, FL 33140-2844 1502 Payoff City of Miami Beach Liens TT06-14031A Walter Mathew Rusniaczek, a single person $36,458.86 $36,458.86 Total .. 1/24/2007 $ 36,458.86 DOLLAI 495 1/24/2007 P"'-e'2>0 dOC>"? - .~ lvL{ S- 3 SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION PROPERTY ADDRESS: PROPERTY OWNER: CASE NUMBER(S): NATURE OF LIEN(S): LIEN AMOUNT(S): LEGAL DESCRIPTION: LIEN RECORD BKlPG: 4251 North Bay Road, Miami Beach, Florida Walter Rusniaczek Special Master Cases #JC03000519, JC05000204 & JC06000295 Code Violations $356,495.87 NAUTILUS SUB PB 8-95 LOT 2 & WLY21FT LOT 26 BLK 7 LOT SIZE 63.750 X 76 OR 18993-4687 02 2000 CAPLAN & ROBERT CAPLAN ROBERT CAPLAN & LIDIA DE LANCER OR 13276-3200 0487 4 LIDIA R DE LANCER RUSNIACZEK Book 21468, Page 3386, Book 23092, Page 3531, and Book 24062, Page 4252, and Book 24639, Page 1756 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 Walter Rusniaczek, the property owner at 4251 North Bay Road, 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 4251 North Bay Road, Miami Beach, Florida, pursuant to conditions herein and as described herein. Condition(s) of Settlement: This lien in the amount of$356,495.87 is settled in consideration of receipt of$36,495.86 (per the attached Resolution) receipt of which is hereby acknowledged. The property owner warrants that subject property is in compliance with City Codes. ~ RobertC. iddaugh Assistant City Manag / I '7 .< C ~')C';CO/ Date /~ d.. - ;)..0 - 0 7 Date AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION I have read this SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION, regarding 4251 North Bay Road, Miami Beach, Florida, Special Master Case Numbers JC03000519, JC05000204 and JC06000295 and lien amount of $356,495.87 and I understand and agree to its terms and have executed same for its purposes herein stated. Accepted by-/41,MI ~ Walter Rusniaczek, Property Owner STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) ~ The foregoing instrument was acknowledged before me this /.5 day of ,~eb , 2007, by LV<A\~( ~ USy\;a.C 7J> t-, who has produced her/his driver's license as identification and who did/did not take an oath. (' !drC{~^fL PRINT NAME ~~-~ N AR , 0 ORIDA~' ~+ MY COMMISSION EXPIRES: F:\cmgr\$ALL IBOB\liensettlementRusniaczek4251 NoBayRd .doc ~",\\\I11111111111 ~"\:l\l-\~E HAR/"",,. .~_ W"......... ~ ~ V...~\SSION~;:. ~ ~ ..<::J~ :eer 13 ~... ~ ~ .. C3 '?>~ '<?a <<;. ~ : :~f! ~<P:*E ~*: UJ .... : ~= ~ ~ #\)\) 354503 i f;2 ~ ~~.. ~ .~..!S~ ~ ~ ..1[,~ 8ondedl\"'d~#'.. <(-'~ ~ ~/'.rpublicll~ .'.,,<<, :$' .~ r,o" ....... '<.- v *. '/1111,v8L1C, SI t>-'""".... . .111111111\1\\,\ 2 SATISFACTION OF LIEN 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 FLORIDA AGAINST THE PROPERTY DESCRIBED BELOW IN MIAMI-DADE COUNTY, FLORIDA PUBLIC RECORDS TO WIT: CLAIM OF LIEN RECORDED ON 12/19/2005 IN BOOK 24062 AT PAGE 4252 CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE NAUTILUS SUB PB 8-95 LOT 2 & WLY21FT LOT 26 BLK 7 LOT SIZE 63.750 X 76 OR 18993-46870220004 MARTIN CAPLAN & ROBERT CAPLAN ROBERT CAPLAN & LIDIA DE LANCER OR 13276-3200 0487 4 LIDIA R DE LANCER RUSNIACZEK AlKlA: 4251 N BAY RD MBCH PARCEL #: 1 IN THE NAME OF: YVETTE RUSNIACZEK DOES HEREBY RELEASE THE LIEN, AND HEREBY DIRECTS THE CLERK OF THE CIRCUIT COURT TO CANCEL THE SAME OF RECORD. WITNESS MY HAND AND SEAL ON 02-20-2007 . BY: ., I , . i~Jrv OF M}/MI ~Jt~ / IL f Y la1 ; LIS . MARTINEZ, CLERK OF THE S 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 (305) 673-7181 COMM. RESO 2007-26453 CIAL MASTER STATE OF FLORIDA COUNTY OF MIAMI-DADE) ss THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 02-20-2007 , BY LISA R. MARTINEZ, WHO IS PERSONALLY KNOWN TO ME AND WHO DID NOT TAKE AN OATH. ' /tJli'~'r~o:. UWAN BEAUCHAMP ~: :~ MY COMMISSION It DO 530416 ~~. "'W a-1~PIRES:ApriI29,2010 TATE OF FLORIDA AT LARGE (SEAL) 'P.f..ll\' ~.... Thru NoWy Public lJnderwril8nl THIS INSTRUMENT PREPARED BY: OFFICE 01- I HI:: J TY ATTORNEY, CITY OF MIAMI BEACH, 1700 CONVENTION CENTER DR., MIAMI BEACH, FL 33139. Q SPECIAL MASTER CASE #: JC05000204 SATISFACTION OF LIEN 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 FLORIDA AGAINST THE PROPERTY DESCRIBED BELOW IN MIAMI-DADE COUNTY, FLORIDA PUBLIC RECORDS TO WIT: CLAIM OF LIEN RECORDED ON 07/30/2003 IN BOOK 21468 AT PAGE 3386 CLAIM OF LIEN RECORDED ON 02/17/2005 IN BOOK 23092 AT PAGE 3531 CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE NAUTILUS SUB PB 8-95 LOT 2 & WLY21FT LOT 26 BLK 7 LOT SIZE 63.750 X 76 OR 18993-46870220004 MARTIN CAPLAN & ROBERT CAPLAN ROBERT CAPLAN & LIDIA DE LANCER OR 13276-3200 0487 4 LIDIA R DE LANCER RUSNIACZEK A1K/A: 4251 N BAY RD MBCH PARCEL #: 1 IN THE NAME OF: YVETTE RUSNIACZEK DOES HEREBY RELEASE THE LIEN, AND HEREBY DIRECTS THE CLERK OF THE CIRCUIT COURT TO CANCEL THE SAME OF RECORD. WITNESS MY HAND AND SEAL ON 02-20-2007 . BY: OF Ml~~./ B~~ I~~ I/j//u-f LISA . MARTINEZ, CLERK OF THE SP 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 (305) 673-7181 COMM. RESO 2007-26453 AL MASTER STATE OF FLORIDA COUNTY OF MIAMI-DADE) ss THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 0,2-20-2007 , BY LISA R. MARTINEZ, WHO IS PERS ........- ..~ H'.....\MI_U DIDNOTTAKEANOATH~. ~ .~~. UWAN BEAUCHAMP ,ri ., ~rA'\~ MYCOMMISSIONIDD530416 ',(Jl.,L)j....A j ~.vI..../J ~t-~~ EXPIRES: ApriI29,2010 N TARY PUBLIC -"'-\"&'-"'1./ .Rr,.r,l.' BondedThruNotaryPublicUnderwrirer8 STATE OF FLORIDA AT LARGE (SEAL) THIS INSTRUMENT PREPARED BY: OFFICE OF THE CITY ATTORNEY, CITY OF MIAMI BEACH, 1700 CONVENTION CENTER DR., MIAMI BEACH, FL 33139. SPECIAL MASTER CASE #: JC03000519 SATISFACTION OF LIEN 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 FLORIDA AGAINST THE PROPERTY DESCRIBED BELOW IN MIAMI-DADE COUNTY, FLORIDA PUBLIC RECORDS TO WIT: CLAIM OF LIEN RECORDED ON 06/16/2006 IN BOOK 24639 AT PAGE 1756 CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE CLAIM OF LIEN RECORDED ON IN BOOK AT PAGE NAUTILUS SUB PB 8-95 LOT 2 & WLY21FT LOT 26 BLK 7 LOT SIZE 63.750 X 76 OR 18993-468702 20004 MARTIN CAPLAN & ROBERT CAPLAN ROBERT CAPLAN & LIDIA DE LANCER OR 13276-3200 0487 4 LIDIA R DE LANCER RUSNIACZEK A/K1A: 4251 N BAY RD MBCH PARCEL #: 1 IN THE NAME OF: YVETTE RUSNIACZEK DOES HEREBY RELEASE THE LIEN, AND HEREBY DIRECTS THE CLERK OF THE CIRCUIT COURT TO CANCEL THE SAME OF RECORD. WITNESS MY HAND AND SEAL ON 02-20-2007 . C OF MIA~E BY: ?fA- ft.' LISA . MARTINEZ, CLERK OF THE SPE 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 (305) 673-7181 COMM. RESO 2007-26453 STATE OF FLORIDA COUNTY OF MIAMI-DADE) ss THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 02-20-2007 BY LISA R. MARTINEZ WHOISPERsr IAI " IDNOTTAKEANOATH. 0' 20'. ' "~:""'" UWANBEAUCHAMP ~. I [.rA~~ MY COMMISSI~ 100 530416 ' at.4J~ ~'~c11 ~':~~A~u~ N TARY PUBLI ~p.r.,I1I' ry STATE OF FLORIDA AT LARGE (SEAL) THIS INSTRUMENT PREPARED BY: OFFICE OF THE CITY ATTORNEY, CITY OF MIAMI BEACH, 1700 CONVENTION CENTER DR., MIAMI BEACH, FL 33139. SPECIAL MASTER CASE #: JC06000295