2008-26740 ResoRESOLUTION NO. 2008-26740
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT OF A CITY LIEN ON THE REAL PROPERTY
LOCATED AT 1036 LINCOLN ROAD, MIAMI BEACH, FLORIDA,
RESULTING FROM SPECIAL MASTER CASE NO. JB04000198,
AND PROVIDING THAT SAID LIEN, IN THE AMOUNT OF
$343,830.88 PLUS INTEREST, BE SETTLED FOR THE AMOUNT
OF $5,000.00; AND FURTHER AUTHORIZING THE CITY
MANAGER TO TAKE SUCH ACTION(S) AND EXECUTE ANY
AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH
LIEN RELEASES AND SETTLEMENT.
WHEREAS, the property located at 1036 Lincoln Road (the Property) has
accumulated a lien, in the amount of $343,830.88, plus interest; and
WHEREAS, in 2004, the Property was cited for failure to obtain a final Certificate
of Occupancy and compliance was achieved in 2007; and
WHEREAS, City records indicate that the appropriate work was completed on
the Property and the fine was issued because the Property owner did not complete the
appropriate documentation to obtain the Certificate of Occupancy; and
WHEREAS, the Administration recommends the City Commission approve a
settlement of the aforestated lien, in the amount of $5,000.00.
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 and authorize that the City lien on the real property
located at 1036 Lincoln Road, Miami Beach, Florida, resulting from Special Master Case
No. JB04000198, in the amount of $343,830.88 plus interest, be settled for the amount
of $5,000.00; and further authorize the City Manager to take such action(s) and execute
any and all necessary documents to complete such lien releases and settlement.
PASSED and ADOPTED this 16thday of January , 2008.
A
CITY CLERK Robert Parcher
F:\cmgrl$ALL\BOB\1036Lincol nRdliensettlementreso.doc
yor
Matti H. Bower
APPROVED AS TO
FORM & LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the settlement of a City lien at 1036 Lincoln Road providing that the lien in the
amount of $343,830.88 plus interest, be settled for the amount of $5,000.00.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of Code Enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): 61 % of residents are either very satisfied
or satisfied with the fairness and consistency of the enforcement of code and ordinances in their
neighborhood.
Issue:
Shall the City Commission approve the settlement of a City lien on real property at 1036 Lincoln Road?
Item Summary/Kecommenaat~on:
The property at 1036 Lincoln Road is owned by 1024 Lincoln Road LLC and is operated as Ann Taylor
Loft. The tenant operates a high quality clothing store and has had no record of enforcement history or
issues since the beginning of their operations in 2004.
The property does have an outstanding lien from what appears to be the remodeling necessary to
accommodate the Ann Taylor Loft store dating back to 2004, in the total amount of $343,830.88. The fine
and resultant lien accumulated until compliance was fully achieved in October 2007, thus the significant
amount. The original citation on the property was failure to obtain a final Certificate of Occupancy.
Conversations with the property owner's representative and review of the City's records indicate that the
appropriate work was completed on the facility to be eligible to receive a Certificate of Occupancy. There
was no life safety or significant unresolved issues in existence to prohibit issuance of a Certificate of
Occupancy. The fine was issued simply because the property owner did not complete the appropriate
documentation to obtain the Certificate and close the file.
In the case of this property, the original owner and management company was based in San Luis Obispo,
California and the recent owner as of November 2007 is based in New York City. As this particular tenant
has been a good operator and there was not an attempt to avoid the City's appropriate closeout procedure,
simply a lack of information relative to the process, it has been agreed with the property owner that a
settlement in the amount of $5,000.00 as a minor penalty would be appropriate to settle the outstanding
lien on this particular property.
It is recommended that the City Commission approve a settlement in the amount of $5,000.00 against a
total outstanding lien amount of $343,830.88.
Adviso Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative
Department Director I Assist~City Manager I City Manager
,~ 'L~
~~ ~ ~~ ~ ~ AGENDA ITEM C ~
DATE / ld -~~
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 16, 2008
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 1036 LINCOLN ROAD, MIAMI BEACH,
FLORIDA, RESULTING FROM SPECIAL MASTER CASE NO. JB04000198,
AND PROVIDING THAT SAID LIEN, IN THE AMOUNT OF $343,830.88 PLUS
INTEREST, BE SETTLED FOR THE AMOUNT OF $5,000.00; AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION(S) AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH
LIEN RELEASES AND SETTLEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The property at 1036 Lincoln Road is owned by 1024 Lincoln Road LLC and is operated as
Ann Taylor Loft. The tenant operates a high quality clothing store and has had no record of
enforcement history or issues since the beginning of their operations in 2004.
The property does have an outstanding lien from what appears to be the remodeling
necessary to accommodate the Ann Taylor Loft store dating back to 2004, in the total
amount of $343,830.88. The fine and resultant lien accumulated until compliance was fully
achieved in October 2007, thus the significant amount. The original citation on the property
was failure to obtain a final Certificate of Occupancy.
Conversations with the property owner's representative and review of the City's records
indicate that the appropriate work was completed on the facility to be eligible to receive a
Certificate of Occupancy. There was no life safety or significant unresolved issues in
existence to prohibit issuance of a Certificate of Occupancy. The fine was issued simply
because the property owner did not complete the appropriate documentation to obtain the
Certificate and close the file.
In the case of this property, the original owner and management companywas based in San
Luis Obispo, California and the recent owner as of November 2007 is based in New York
City. As this particular tenant has been a good operator and there was not an attempt to
avoid the City's appropriate closeout procedure, simply a lack of information relative to the
process, it has been agreed with the property owner that a settlement in the amount of
$5,000.00 as a minor penalty would be appropriate to settle the outstanding lien on this
particular property.
It is recommended that the City Commission approve a settlement in the amount of
$5,000.00 against a total outstanding lien amount of $343,830.88.
JMG\RCM\sam
F:\cmgr\$ALL\BOB\1036Lincol n Rdliensettlementcommemo.doc
2
SETTLEMENT AND RELEASE OF LIEN(S) AUTHORIZATION
PROPERTY ADDRESS:
PROPERTY OWNER:
CASE NUMBER(S):
NATURE OF LIEN(S):
LIEN AMOUNT(S):
LEGAL DESCRIPTION:
BLK 47 LOT SIZE 100.000 X 150 OR 19331-1985 1000 5
NAT J RATNER TR ALBERT RATNER TR OR
14592-2838 0690 4
1036 Lincoln Road, Miami Beach, Florida
1024 Lincoln Road, LLC
Special Master Case #JB04000198
Building Violation
$343,830.88
34 53 42 LINCOLN SUB PB 9-69 LOTS 10 & 11
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 1024 Lincoln Road, LLC., the property owner at 1036 Lincoln 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 1036 Lincoln Road, Miami
Beach, Florida, pursuant to conditions herein and as described herein.
Condition(s) of Settlement:
This lien in the amount of $343,830.88 is settled in consideration of receipt of $5,000.00
receipt of which is hereby acknowledged.
The property owner warrants that subject property is in compliance with City Codes.
,~
__.._
.~ rgei,M. onzalez _
City Ma an ger
~-
Robert C. Mi augh
Assistant City Manager ~
L ~' 2 oo~j
ate
-~-~j-08
Date
AGREEMENT TO SETTLEMENT AND RELEASE AUTHORI7AT[ON
I have read this SETTLEMENT AND RELEASE OF LIEN(S) Ali'I~HORILA"PION,
regarding 1036 Lincoln Road, Miami Beach, Florida, Special Master Case Number
,IB04000198 and lien amount of $343,830.88 and I understand and agree to its terms and
have executed same for its purposes herein stated.
Accepted by:
Harold Rosen, Attorney for 1024 Lincoln Road, LLC, Property Uwner
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADS )
_ The foregoing instrument was acknowledged before me this ~ day of
~1 `~1 „ 2008, by ~1i~~1,I;_,~1 ~ ~ a~~~~ who has produced her/his
driver's license as identification and who did/did not take an oath.
MY COMMISSION EXPIRES:
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NOT Y PUBLIC, STATE, OF FLORIDA
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ANN'lAYLUK
Disbursement Account
476 Wheelers Farms Road
Milford, Connecticut 06461
Vendor #: 119291
Wachovia Bank
Chapel Hi11,NC 27514
pply Five Thousand And 00/100 Dollars
TO THE CITY OF MIAMI BEACH
ORDER OF
AMOUNT IN EXCESS OF $10,000.00
REQUIRE TWO SIGNATURES
Authorized Signatu e
~~'0000 386 584i~' ~:0 5 3 LO L 56 ~~: 20 799000 59096~~'
Vendor: CITY OF MIAMI BEACH
Vendor Address:
Vendor Address:
Vendor ID: 119291
PAYEE COPY
(iH~;~:K NU: 3t365~34
DATE: 28-JAN-08
66-156/531
CHECK AMOtJN'^
$5,000.00
Total:
Check No.:
Date:
5,000.00
386584