2001-24355 RESO
RESOLUTION NO.
2001-24355
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE SETTLEMENT OF CODE
ENFORCEMENT LIENS ON THE PROPERTIES OWNED
BY JOIVECA CORPORATION LOCATED AT 4360
COLLINS AVENUE, 4370 COLLINS AVENUE, 4381
INDIAN CREEK DRIVE, AND THE ADJOINING
EASEMENT TO ALL OF THE ABOVE REFERENCED
PROPERTIES, AND FURTHER, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO EFFECTUATE THE
SETTLEMENT.
WHEREAS, Joiveca Corporation ("Joiveca") owns the properties located at 4360
Collins Avenue, 4370 Collins Avenue, 4381 Indian Creek Road, and the easement which runs
with those properties, and intends to sell such properties to a party unrelated to the settlement;
and
WHEREAS, the City of Miami Beach ("City") has initiated foreclosure proceedings
against the above referenced properties owned by Joiveca for $1.6 million in code enforcement
liens in Circuit Court Case Nos. 99-19181 CA 05; 99-19180 CA 01; and 99-19745 CA 20; and
WHEREAS, the City has been negotiating the settlement of this matter from on or about
September 7, 1999 to date; and
WHEREAS, the City has received an offer of $315,000. which more than doubles
Joiveca's initial offer.
WHEREAS, the City was able to obtain this offer despite the properties being sold to a
third party who will be bound by the terms of the proposed settlement; and
WHEREAS, the Administration has reviewed Joiveca's offer, and has throughly
discussed the matter with the City Attorney or his designees, and recommends the proposed
settlement, which is set forth in the settlement letter which is attached hereto and incorporated
as if fully set forth herein, as being in the best interests of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
I. The Mayor and City Commission herein approve the settlement letter between
Joiveca and the City, provided that payment in full of the Three Hundred Fifteen Thousand
Dollars ($315,000,) is received within one hundred twenty (120) days of the Bankruptcy final
order including an appeal in cases 99-15698 - BKC-RAM Chapter 7 (Debtor) and 00-1411-BKC-
RAM-ADV., Miami Division, United States, Southem District of Florida.
2. The Mayor and City Clerk are herein authorized to execute all necessary
documents including, but not limited to, such releases as may be necessary, to effectuate the
proposed settlement letter and to comply with any and all other terms of the settlement letter.
PASSED and ADOPTED this 16th day of
May ,2001.
1d
MAYOR
ATTEST:
~r rOAtk
CITY CLERK
APPROVED /lS TO
FORM & I.ANGUAGE
& FOR EXECUTION
F:IA TTOIABNVlCOMMISN .MEMlJOVRES,LST
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fJ,frfz1i1Jlafi ~ Rodriguez, P.A.
01'" ATTORNEYS AT LAW
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ell)' All OHNt 'YS OFFln
LUIS N. PEREZ
WILLIAM T. GORAN
JAVIER J. RODRIGUEZ
VANESSA S. SEPTlEN
May 4, 2001
Valencia M. Abner, Esq.
1700 Convention Center Drive
Miami Beach, Fl. 33139
RE: City of Miami Beach v. Joiveca Corp.
Code Enforcement Liens
Dear Valencia:
I know you are working on the draft settlement documents and City Council resolutions
in connection with the above referenced matter. The resolution and other documents should
clearly state that all liens on the following four ~ folio numbers are being released with the
settlement in the total amount of$315,000.00, as follows: and the folio numbers are
(1.) 02-3226-001-2190
(2.) 02-3226-001-2200
f3.) 02-522l>-UUI-UlO ouf v>\U'-o (10-1. ~r-:j<4'J
(4.) 02-3226-001-2220
I know you will call if you have any questions.
Sincerely,
JJR:mlb
cc: Lyons & Smith, P.A.
Javier J. Rod
For the Firm
1320 South Dixie Highway, Suite 1000 . Coral Gables, Florida 33146 . Phone: 305667-9878 Fax: 305 667-9657
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO.
~7:;'-O I
DATE: APRIL 18,2001
TO: MAYOR NEISEN KASDIN
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
FROM: MURRAY H. DUBBI~II . .1\. ~V
CITY ATTORNEY JW\.~
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT OF CODE
ENFORCEMENT LIENS ON THE PROPERTIES OWNED BY JOIVECA
CORPORATION LOCATED AT 4360 COLLINS AVENUE, 4370 COLLINS
AVENUE, 4381 INDIAN CREEK DRIVE, AND THE ADJOINING EASEMENT
TO ALL OF THE ABOVE REFERENCED PROPERTIES, AND FURTHER,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND
ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SETTLEMENT.
The above referenced Resolution is submitted for consideration by the Mayor and City
Commission. It is a proposed settlement of the following Joiveca foreclosure cases:
1. City of Miami Beach v. 4360 Collins Avenue and
Joiveca COW.. et.al., Case No, 99-19181 CA 05;
2. City of Miami Beach v. 4370 Collins Avenue and
Joiveca COW.. et. al., Case No. 99-19180 CA 01; and
3. City of Miami Beach v. 4381 Indian Creek Drive.
Case No. 99-19745 CA 20
Agenda Item {! 7 G-
1700 Convention Center Drive -- Fourth Floor- Miami Beac Date 5'~(6 - Of
Commission Memorandum No.
Date: April 18, 2001
Attached are two letters from Javier J. Rodriguez, Esquire, representing the owners of the
properties located at 4360 Collins Avenue, 4370 Collins, and 4381 Indian Creek Road, Miami
Beach, and the adjoining easements to said properties. Due to the Code violations relative to these
properties arising from the unauthorized use of the properties as a parking lot, Code Enforcement
fines were imposed upon the subject three separate properties. The Special Master's order on the
violations continued to accrue on a per diem basis for many years, resulting in the present situation
whereby the fines are now more than half the present market value ofthe properties.
Under the present City Code, these fines would be subject to a cap, which figure is lower than
the existing fines at issue, Therefore, we recommend that the City Commission accept the settlement
offer proposed as reasonable, in light of the property owners' argument that the three sets of
violations should have been cited against one property.
F:IA TTOIABNVlCOMMISN .MEMIJOlVECA.MEM
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER ORIVE. MIAMI BEACH, FLORIDA 33139